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Home My WebLink About09-3087Our File No.:,201619 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 MALLOY 416 WALNUT ST BOILING SPRINGS, PA 17007 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OR - 30897 ato Ter* 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.:,201619 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 MALLOY 416 WALNUT ST BOILING SPRINGS, PA 17007 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OR - 3 R 7 C,)ivik em 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 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 #5121071808069763; and said account was issued to Defendant(s) by SEARS, 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 $7,145.30. 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 WHEVEFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $7,145.30 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f 1 ' tiff A Law Firm Ene d in Debt Collectioi BY: Dated: 5/7/2009 David J. ANtVaJW, Esquire Our File No.: 201619 VERIFICATION David J. Apothaker. 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. A tlr, Esquire Attorney Plaintiff DATE: 5n12009 LVNV FUNDING, LLC JAMES MALLOY 416 WALNUT ST BOILING SPRINGS, PA 17007 STATEMENT OF ACCOUNT Debtor's Name: JAMES MALLOY Account Number: 5121071808069763 Original Creditor: SEARS Balance Due: $7,145.30 Our File No.: 201619 EXHIBIT "A" G) Ft C?OFI E TAR.Y 2009 14 PHI 2: 4 9 18 . W Pp ATTY oto 133'194 e"151ga Sheriffs Office of Cumberland County R Thomas Kline 9 st cumber Edward L Schorpp Sheriff Coll, Solicitor Ronny R Anderson Jody S Smith Chief Deputy OPFC-C OF sRER FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/22/2009 08:20 M - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 22,20 9 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defen ant, to wit: James Malloy, by making known unto himself personally, defendant at 416 Walnut Street oiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handin to him personally the said true and correct copy of the same. SHERIFF COST: $3 .50 , SO ANSWERS, May 26, 2009 R AS K INE, SHERIFF i2A 'Vriff r 2009-3087 LVNV Fmdi v James Malloy t 71 N ED. co - `t kD -c Our file No.: 201619 - 5? APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 5 5140 LVNV FUNDING, LLC ) Plaintiff, ) VS. ) JAMES MALLOY ) Defendant. ) u L 77 D X21 ,I u UN I 1 ?n(lg COURT OF COMMON PLl CUMBERLAND COUNTY DOCKET NO.: 09-3087 Civil Action STIPULATION IN LIEU OF The matters and things in controversy having been discussed by and parties, and a settlement having been agreed upon: It is on May 29, 2009, STIPULATED by and between FUNDING, LLC, and Defendant, JAMES MALLOY parties as follows: 1. Defendant agrees to pay the sum of $7,347.39, which sum F to accept in full settlement of its claim herein, inclusive of counsel fees and 2. The sum aforesaid of $7,347.39 shall be paid by the by JAMES MALLOY, to the attorneys for Plaintiff in the following manner: ?.oo o? E f1 a. 900 0 to be paid on or before June 15, 2009; ??>> \ b. $25.00 to be paid on or before the 15 r day of each month, b July 15, 2009 until paid in full. een the if f, LVNV n iff agrees u costs. All checks are to made payable to LVNV FUNDING, LLC, and to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 yr, Our file No.: 201619 3. In the event Defendant fails to pay in accordance with the terms in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the Judgment against Defendant ex parte, in the sum of $7,347.39, giving Defends 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 withil days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte ap with supporting certification, and with notice to Defendant only in the form of the application addressed to JAMES MALLOY 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 Engage i ebt Collection Ki be y F. Scian, Esquire C set forth entry of nt credit ten (10) ffication, copy of JAMES MALLOY /`? [-i