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Home My WebLink About09-1646Our File No.: 198412 APOTHAKER & ASSOCIATES, P.C. "BY:" David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. Oq- 1(.gLp // l iVil lim PATRICIA A TLUMACH 212 E MAIN ST CAMP HILL, PA 17011 Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 198412 APOTHAKER & ASSOCIATES, P.C. ' BY, David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. PATRICIA A TLUMACH 212 E MAIN ST CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are PATRICIA A TLUMACH, an adult individual residing at 212 E MAIN ST CAMP HILL, PA 17011. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #4559541100858497; and said account was issued to Defendant(s) by PROVIDIAN FINANCIAL CORP, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $1,477.20. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in fav r of Plaintiff and against Defendant(s) for the sum of $1,477.20 and requests this Court award Plaintiff attorney's ees d costs to the extent permitted by applicable law. APOTHAKE & A SOCIATES, P.C. Att ey f Plaintiff A Law Firm ngag in Debt Collectioi BY: Dated: 3/11/2009 David J. A4:;iIiaker, Esquire Our File No.: 198412 VERIFICATION David J Auothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn f DATE: 3/11/2009 David J. Apothaker, Esquire Attorney for Plaintiff Current Owner: LVNV Funding LLC Original Creditor: Providian Financial Corp Previous Owner: Providian Financial Corp Statement Closing Date: 10/31/2008 12:00:00 AM LVNV Purchase Date: 03/19/2004 Account Origination Date: 09/12/2001 PATRICIA TLUMACH ***--**-5242 1006 SHERMAN ST HARRISBURG, PA 17112 Account number 4559541100858497 Owing Collected Balance Principal $ 1,334.29 $ 199.99 $ 1,134.30 Interest $ 85.01 $ 85.01 $ - Atty Fee $ - $ - $ - Misc Cost $ - $ - $ - New Balance $ 1,419.30 $ 285.00 $ 1,134.30 TRANSACTIONS Transaction Date Description Amount 03/18/2005 Interest Payment $ 7.85 03/18/2005 Principal Payment $ 42.15 02/18/2005 Interest Payment $ 22.65 02/18/2005 Principal Payment $ 27.35 01/18/2005 Principal Payment $ 50.00 12/18/2004 Principal Payment $ 50.00 11/18/2004 Interest Payment $ 19.51 11/18/2004 Principal Payment $ 30.49 10/19/2004 Interest Payment $ 25.00 05/04/2004 Payment $ 10.00 This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. lzi ? V W o Sheriffs Office of Cumberland County R Thomas Kline 301r at tunrb# Edward L Schorpp Sheriff ff ' Solicitor Cs. } Ronny R Anderson Jody S Smith Chief Deputy OFRCE OF THE $RERIFP Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/18/2009 08:33 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2009 at 2033 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia A. Tlumach, by making known unto herself, defendant at 212 E. Main Street, #3 Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $39.70 (PAID) March 18, 2009 2009-1646 LVNV Funding LLC VS Patricia A. Tlumach SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy S riff co r Our file No.: 198412 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 LVNV FUNDING LLC ) Plaintiff, ) VS. ) PATRICIA A TLUMACH ) Defendant. ) ?- i . , !y ?.,, ? €1 Z?7Qg COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 4j7 -16 V6 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on March 18, 2009, STIPULATED by and between Plaintiff, LVNV FUNDING LLC, and Defendant, PATRICIA A TLUMACH parties as follows: 1. Defendant agrees to pay the sum of $1,657.17, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $1,657.17 shall be paid by the by Defendant, PATRICIA A TLUMACH, to the attorneys for Plaintiff in the following manner: a. $166.00 to be paid on or before March 18, 2009; b. $100.00 to be paid on or before the 27 h day of each month, beginning April 27, 2009 until paid in full. All checks are to made payable to LVNV FUNDING LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $1,657.17, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to PATRICIA A TLUMACH by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged ij?Bc15f Collectioi Y: F. Scian, Esquire PATRICIA A TLUMACH OF THE RE>OTa OPFX)THOWTARY 2009 APR -3 PM 1: 32 PGi JiNSYI.VANIA t ~ Our File No.: 198412 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, vs. PATRICIA A TLUMACH Defendant. 2010.1~~~I- 27 i.a~ i2~ aL ~se ~~i ~t~,'r~LEJr~`~I~. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-1646 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOC TES, P.C. Attorneys for P 'tiff A Law Firm Engaged ' ebt Collection By: David J. Apo ter, Esquire Dated: 7/20/2010