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Home My WebLink About10-5737Our File No.: 267742 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. TREINA MALLOY 2108 CEDAR RUN DR CAMP HILL, PA 17011-7409 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. (p -51317 NOTICE RLED- ? CE r,UMBUi-L;?'@ COUNTY ENNSYLVANIA 0',yit Tom, 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 49A.00 PO ATTY a* P'754Q 0-aq`778j Our File No.: 267742 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. TREINA MALLOY 2108 CEDAR RUN DR CAMP HILL, PA 17011-7409 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 TREINA MALLOY, an adult individual residing at 2108 CEDAR RUN DR CAMP HILL, PA 17011-7409. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 3173; and said account was issued to Defendant(s) by GE CAPITAL/JC PENNEY, 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 $1,344.82. 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". s 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 $1,344.82 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER &/ASPOCIATES, P. A Law Firm Endaged/in Debt BY: Dated: 8/26/2010 David J. Ap?li cer, Esquire Our File No.: 267742 VERIFICATION _ David J. Apothaker Esguire 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 made subject to the penalties of 18 Pa.C.S.A. 4904 relating to David J. Apc Attorney The undersigned understands that the statements therein are falsification to authorities. DATE: 8/26/2010 LVNV FUNDING, LLC TREINA MALLOY 2108 CEDAR RUN DR CAMP HILL, PA 17011-7409 STATEMENT OF ACCOUNT Debtor's Name: TREINA MALLOY Account Number: ending in 3173 Original Creditor: GE CAPITAL/JC PENNEY Balance Due: $1,344.82 Our File No.: 267742 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor LVNV Funding, LLC Case Number vs. Treina Malloy 2010-5737 SHERIFF'S RETURN OF SERVICE 09/14/2010 06:52 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1852 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Treina Malloy, by making known unto herself personally, at 2108 Cedar Run Drive, Apartment 105, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHAEL BARRICK, DEPUTY SHERIFF COST: $41.50 September 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF C) o 1 ?. r G ._ t1 C-:, c- co ;rn =4 i Our file No.: 267742 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 307949 6=1~ ~G-f`i~ (C ~r T#~E ;'~fl~fF~OP~U~'A~''~` 20lD OCT - ! ~~~ ! ~ ! 8 f,~l[~j~Ei2~.~fiD COUP~TI~ >~E°~NSYL~'1~P~IA LVNV FUNDING, LLC Plaintiff, vs. TREINA MALLOY Defendant. 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 September 16, 2010, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, TREINA MALLOY parties as follows: 1. Defendant agrees to pay the sum of $1,540.68, 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 $1,540.68 shall be paid by the by Defendant, TREINA MALLOY, to the attorneys for Plaintiff in the following manner: a. $513.56 to be paid on or before September 20, 2010; b. $513.56 to be paid on or before October 18, 2010; c. $513.56 to be paid on or before November 22, 2010. All checks are to made payable to LVNV FUNDING, LLC, and sent to: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5737 CNIL TERM Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Ou~ile No.: 267742 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 $1,540.68, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, 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 TREINA 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 E~aged in~bt Collection By: 0 ~. TREINA MALLOY ~~ Esquire ~~ ZC>-~>10 Our File No.: 267742 APOTHAKER & ASS CIATES, 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. TREINA MALLOY Defendant ACCEPTANCE OF SERVICE Civil Action I accept service of the Complaint in the above referenced matter. Date: ~ - a~ - ~~ ~~ TREINA ~ i~~~2/~~" MALLOY, Defendant Address: 2108 CEDAR RUN DR CAMP HILL, PA 17011-7409 ~ a l l o~ r S M y YYl a.,, cl,~r~ n a-,~L -- ~. noW ~o b~ ~~ ~ ~l :-~ N c ° ._.~ pct' ~~ ~ ._..~ rn~ --ra;-~ ~~ ~ ~~ ~~ -v ~~ ~~ ~~ ~ ~ _~ `~ -~ SEP 2 4 p010 ~~~~~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5737 CIVIL TERM Our File No.: 267742 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. TREINA MALLOY Defendant. OF T O ARY HE PROOTHON : 33 pEr.',`, cL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5737 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl 'ntiff A Law Firm jif"Oebt Collection By: Dated: 1/4/2011 David J. N111111IM1,11111"M