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Home My WebLink About09-762304 Our File No.: 225481 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 ADVANTAGE ASSETS II, INC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. STEVEN W CLAY 1297 ASPER DR BOILING SPRINGS, PA 17007-9617 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CA - 7t0013 CtvilTErm 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.: 225481 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 ADVANTAGE ASSETS II, INC. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. STEVEN W CLAY 1297 ASPER DR BOILING SPRINGS, PA 17007-9617 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9- 7 L .2 3 curt.( ?.v?"^ CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ADVANTAGE ASSETS II, INC. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are STEVEN W CLAY, an adult individual residing at 1297 ASPER DR BOILING SPRINGS, PA 17007-9617. 3. Plaintiff, ADVANTAGE ASSETS II, INC., is the Assignee and Successor in Interest of Account #5049948026423329; 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 $3,308.89. 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 $3,308.89 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for P ntiff A Law Firm Enizagedbt Collection BY: Dated: 10/28/2009 David J. Our File No.: 225481 46 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 relating tq'orn falsification to authorities. David J. DATE: 10/28/2009 ADVANTAGE ASSETS II, INC. STEVEN W CLAY 1297 ASPER DR BOILING SPRINGS, PA 17007-9617 STATEMENT OF ACCOUNT Debtor's Name: STEVEN W CLAY Account Number: 5049948026423329 Original Creditor: SEARS Balance Due: $3,308.89 Our File No.: 225481 EXHIBIT "A" F,I.J-i.;,.i.; ,,W ??? I _ ???"IT?ARY 2004 NOV -4 P.Ii 2: 54 .JJN r *iv .5D pfd ATr4 GG*` 151458 W* a,-?ama R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor r) C)e t RAi F 2 9 1 2 0 Advantage Assetts II, Inc. vs. Steven W. Clay Case Number 2009-7623 SHERIFF'S RETURN OF SERVICE 11/05/2009 02:08 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 5, 2009 at 1408 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven W. Clay, by making known unto himself personally, at 1297 Asper Drive Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handinc to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2 2 Die puZyS ri f SHERIFF'S OFFICE OF CUMBERLAND COUNTY [; 'C1 %o i D.??tB S i i sr_; it. t!1G 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, STATE OF PENNSYLVANIA ADVANTAGE ASSESTS II, INC c/o Apotheker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, CASE NUMBER: 09-7623 CIVIL TERM Vs. STEVEN W CLAY 1297 ASPER DRIVE BOILING SPRINGS, PA 17007 Defendant ANSWER TO COMPLAINT COMES NOW the Defendant in the above styled cause to answer the Plaintiffs Complaint as follows: Allegation 1: Admit Allegation 2: Admit In an effort to avoid bankruptcy, I entered into a debt resolution program with Freedom Debt Relief in August 2007. A SEARS account was one of my accounts in their program. I dispute the amount owed due to excessive legal fees and accrued interest on this account. Through Freedom Debt Reliefs attempts, Advantage Assets has been unwilling to resolve this account or accept any reasonable offers. Since entering into the program with Freedom Debt Relief, I am separated from a suicidal spouse (including eminent divorce), am forced to travel out of state to maintain employment, and maintain custody of my two minor children. Following Freedom Debt Reliefs recommendations, I have deferred phone calls from the Plaintiff to Freedom Debt Reliefs Accounts Resolution Department. I continue to live paycheck to paycheck teetering on bankruptcy and working with Freedom Debt Relief to resolve my debt issues. In these tough economical times, I am doing the best I can working with Freedom Debt Relief to negotiate a reasonable offer. Dated this November 23, 2009 pectfiilly Submitted, Signature of Defen CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US mail, postage pre-paid, on this the 23rd day of November, 2009. Defendant THE PRR, ' ,)TiARY ;.Jt r 2009 NOV 23 AM 10: 2 I CUAti? . -: jN"I'Y NE; NS `1.:VANIA