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HomeMy WebLinkAbout10-5384Our File No.: 267950 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. JULIE HOLDERBAUM 430 W SIMPSON ST MECHANICSBURG, PA 17055-3762 Defendant. O ' Dn' n t: GD COURT OF COMMON PLEAS CUMBERLAND COUNTY '.o NO.. 1a P IC)- J`"JFsy `n 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ? g2.oC? ?d ... 94c,;,Vrl? 9-* ;Zq UCN Our File No.: 267950 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. JULIE HOLDERBAUM 430 W SIMPSON ST MECHANICSBURG, PA 17055-3762 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601. 2. Defendant(s) is/are JULIE HOLDERBAUM, an adult individual residing at 430 W SIMPSON ST MECHANICSBURG, PA 17055-3762. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 1122; and said account was issued to Defendant(s) by CREDIT ONE BANK, NA, 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 $845.59. 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 $845.59 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney fob aintiff A Law Firm EngageAlh Debt CAlectioi BY: David J. ApT faker, Esquire Dated: 8/12/2010 \\ Our File No.: 267950 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 relati?@ to unworn falsification to authorities. David J. A?, Esquire Attorn for Plaintiff DATE: 8/12/2010 LVNV FUNDING, LLC JULIE HOLDERBAUM 430 W SIMPSON ST MECHANICSBURG, PA 17055-3762 STATEMENT OF ACCOUNT Debtor's Name: JULIE HOLDERBAUM Account Number: ending in 1122 Original Creditor: CREDIT ONE BANK, NA Balance Due: $845.59 Our File No.: 267950 EXHIBIT "A" 267950 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: LVNV FUNDING, LLC Expiration Date: Type of Action: Civil Action Defendant/s: JULIE HOLDERBAUM Serve Upon: JULIE HOLDERBAUM Address for Service: 430 W SIMPSON ST MECHANICSBURG, PA 17055-3762 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 1tt111? fl1 4,i,+lJfi/7 It FILED-OFME OF THIF' - " N IOTAAY 10 CEP-9 AM 8.43 Richard W Stewart Solicitor `?fJUNTY PENNSYLVANIA LVNV Funding, LLC vs. Julia Ann Holderbaum Case Number 2010-5384 SHERIFF'S RETURN OF SERVICE 09/07/2010 11:10 AM - Jason Vioral, Sergeant, who being duly sworn according to law, states that on September 7, 2010 at 1110 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Julia Ann Holderbaum, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 September 07, 2010 JASO 10 L, DEPUTY S SWERS, f RON R ANDERSON, SHERIFF ,C7 ca rn"Sulle j}pe sff 'f e!eos;i f. l"C. Our file No.: 267950 Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC Plaintiff, vs. JULIE HOLDERBAUM Defendant. 'FILED-OFFICE OF-,-ME PROTNONOTAR"t 71 Oil 3 PF $.f, ; r t1 COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5384-CIVIL 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 January 04, 2011, STIPULATED by and between LVNV FUNDING, LLC ("Plaintiff') and JULIE HOLDERBAUM ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $845.59. 2. Defendant agrees to pay to Plaintiff the sum of $845.59, which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $50.00 to be paid on or before January 10, 2011; b. $50.00 to be paid on or before the l Ot" day of each month, beginning February 10,-2011 until paid in full. 5. All checks shall be made payable to "LVNV FUNDING, LLC", and sent to the office of Plaintiff s attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 1 a. 6. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. By: r Be Weeytto avall aro, Esquire ID# 307949 Apothaker & Associates, P.C. Attorneys for Plaintiff By: k '6 I HOLDERBAUM Defendant 2 Our File No.: 267950 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D.# 307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC Plaintiff vs. JULIE HOLDERBAUM Defendant D t5 t5 ? "i ?-`, tl JAN 11 2011 !? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1 NO.: 10-5384-CIVIL Civil Action ACCEPTANCE OF SERVICE I accept service of the Complaint in the above referenced matter. Date: JU HOLDERBAUM, Defendant Address. 430 W SIMPSON ST MECHANICSBURG, PA 17055-3762 Our File No.: 267950 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, Defendant. VS. JULIE HOLDERBAUM 4 2312 JUN 14 P 1 . 1t1OERLAND COU T% N SYLVANIA. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5384-CIVIL PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the Judgment Satisfied against the Defendant. Judgment has been paid in full. APOTHAKER & ASSOCIATES, P.C. Attorneys PI 'ntiff A Law Firm Enga din ebt Collection By: David J. Apothaker, Esquire R.sopd aN? ?u 6 R??f