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Home My WebLink About09-3086Our File No.: 200190 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.: OR- 3pg(p C',vil TP-rpt JAMES M MALLOY 416 WALNUT ST BOILING SPRINGS, PA 17007 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 a- Y 1 Our File No.: 200 190 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. JAMES M MALLOY 416 WALNUT ST BOILING SPRINGS, PA 17007 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.- 6q 3d 8 ' ? C N I 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 JAMES M MALLOY, an adult individual residing at 416 WALNUT ST BOILING SPRINGS, PA 17007. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #6035320052781935; and said account was issued to Defendant(s) by HOME DEPOT, 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 $7,153.95. 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 favor of Plaintiff and against Defendant(s) for the sum of $7,153.95 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES. P.C. Attorney for A Law Firm Engaged BY: David J. Dated: 5/7/2009 Our File No.: 200190 VERIFICATION David J. Anothaker, 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 relatin"worn falsification to authorities. David J. ANthaker, Esquire Attorney laintiff DATE: 5/7/2009 LVNV FUNDING, LLC JAMES M MALLOY 416 WALNUT ST BOILING SPRINGS, PA 17007 STATEMENT OF ACCOUNT Debtor's Name: JAMES M MALLOY Account Number: 6035320052781935 Original Creditor: HOME DEPOT Balance Due: $7,153.95 Our File No.: 200190 EXHIBIT "A" 0 ' r -C, r nr THE 'p rf l-E T ye 14 2.- k 8 A.k .? r, 4 19.5o Pp ATN Uc,,v I jWq( Sheriffs Office of Cumberland County R Thomas Kline aor of cumbrr4 Edward L Schorpp Sheri a4°? Solicitor Ronny R Anderson x Jody S Smith Chief Deputy OFF" OF THE 54ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 08:20 P - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 22, 2009 at 020 hours, he served a true copy of the within Complaint and Notice, upon the within named defends it, to wit: James M. Malloy, by making known unto himself personally, defendant at 416 Walnut Street B Ming Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32 May 26, 2009 2009-3086 LVNV Ekn-A SO ANSWERS, R THOMAS KLINE, S ERIFF puty Sheriff v James Malloy C7 ? r? _r (i l co L _ D rn cri C_, -C 4. I Our file No.: 200190 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 COURT OF COMMON PLEA LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 09-3086 VS. ) JAMES M MALLOY ) Civil Action STIPULATION IN LIEU OF JIJDGMET Defendant. ) The matters and things in controversy having been discussed by and be een the parties, and a settlement having been agreed upon: It is on May 29, 2009, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, JAMES M MALLOY parties as follows: 1. Defendant agrees to pay the sum of $7,356.14, which sum Plainjiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and cou costs. 2. The sum aforesaid of $7,356.14 shall be paid by the by JAMES M MALLOY, to the attorneys for Plaintiff in the following manner: ,/q c2s,ou 4'ta. $2 to be paid on or before June 15, 2009; b. $25.00 to be paid on or before the 15th day of each month, b June 15, 2009 until paid in full. All checks are to made payable to LVNV FUNDING, LLC, and ?ent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 ?^ r • Our file No.: 200190 s 3. In the event Defendant fails to pay in accordance with the term set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain t entry of Judgment against Defendant ex parte, in the sum of $7,356.14, 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 with ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte a plication, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to JAMES M MALLOY by first-class, postage prepai . We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Enizaae&in DelaeCollectioi F. Scian, Esquire TJAMES M MALLOY ?L 2 1 J "i 9 J v i'4'1 2 +._) i [ i i S tt R# 7