The URL can be used to link to this page

Home My WebLink About08-0098Our File No.: 129006 APOTHAKL-R & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. HEATHER HOLDERBAUM 802 SHULER ST MECHANICSBURG, PA 17055-4048 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 68- q% Civ i 1 Te'W 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David ?. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. HEATHER HOLDERBAUM 802 SHULER ST MECHANICSBURG, PA 17055-4048 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: a,?- q Q e"- , CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is HEATHER HOLDERBAUM, an adult individual residing at 802 SHULER ST MECHANICSBURG, PA 17055-4048. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $3,504.59. I. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. - 9. The original creditor is CITI-SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,504.59 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney 'f r Plaintiff A Law Firm En d in Debt Collection BY: Dated: 12/21/2007 David Our File No.: 129006 VERIFICATION David J. Apothaker, Esq. 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 to sworn falsification to authorities. David pothaker Attorney for Plaintiff DATE: 12/21/2007 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 HEATHER HOLDERBAUM 802 SHULER ST MECHANICSBURG, PA 17055-4048 STATEMENT OF ACCOUNT Debtor's Name: HEATHER HOLDERBAUM Account Number: 1150131534721 Original Creditor: CITI-SEARS Balance Due: $3,504.59 Our File No.: 129006 EXHIBIT "A" -0 r i, O D ? '?> i-ti U SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00098 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS HOLDERBAUM HEATHER R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOLDERBAUM HEATHER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT HOLDERBAUM HEATHER 802 SHULER STREET MECHANICSBURG, PA 17055-4048 OWNER OF RESIDENCE ADVISED THAT DEFENDANT HAS NOT LIVED THERE FOR 2 YEARS, WHEREABOUTS UNKNOWN. Sheriff's Costs: So answer Docketing 18.00 Service 9.60 ?? Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County _ c?0 0 ll?ald? 4;2.60 APOTHAKER & ASSOCIATES 01/14/2008 Sworn and Subscribed to before me this day of , A. D. Our File No.: 129006 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY HEATHER HOLDERBAUM Defendant. NO.: 08-98 PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above c/ptkned Civil Action for an. additional thirty (30) days. David J. Apo r, Esquire Attorney for Plaintiff A Law Firm Engaged in Debt Collection Dated: 2/12/2008 ? N y g ifi-n W A r -? 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS HOLDERBAUM HEATHER GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOLDERBAUM HEATHER the DEFENDANT , at 1630:00 HOURS, on the 1st day of April , 2008 at 34 E LOCUST STREET MECHANICSBURG, PA 17055-4048 by handing to MICHAEL BOYD, FIANCE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 v1a2/a 38.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 04/02/2008 APOTHAKER & ASSOCIATES By: day Deputy S iff A.D. Our File No.: 129006 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 LVNV FUNDING LLC Plaintiff, VS. HEATHER HOLDERBAUM Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-98 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, HEATHER HOLDERBAUM, in the default of an Answer, in the amount of $3,751.52 computed as follows: Amount claimed in complaint: $3,504.59 Amount Paid: - $(0.00) Interest from December 21, 2007 to 05/14/09 at the legal interest rate of 6.000 per annum $246.93 Costs $0.00 Attorney fees $0.00 TOTAL $3,751.52 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, HEATHER HOLDERBAUM, last know address is 34 E LOCUST ST MECHANICSBURG, PA 17055-4048. APOTHAKER & Attorneys A Law Firm Engae By: David TES, P.C. Collection Dated: 5/14/2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: HEATHER HOLDERBAUM 34 E LOCUST ST MECHANICSBURG, PA 17055-4048 LVNV FUNDING LLC Plaintiff, VS. HEATHER HOLDERBAUM Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-98 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION _ JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc. at this telephone number: 215-634-8920 srlaolo? Our File No.: 129006 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, VS. HEATHER HOLDERBAUM Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 34 E LOCUST ST MECHANICSBURG, PA 17055-4048. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if the Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-98 David J. Attorney r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Data Center has sent back our inquiry The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Departusent: of Ddiesise, Manpower Data C M tear 14-2009 08:30:54 Mary Status Rkpott Pursuant to the Samicemanabers Civai RddA Based on she k6madon you have, famsbed. die G not Pm m arty afammati on in ay diet ire iuc ividual is curreudy on se five duty. Upon sew the marina on, den banks ofthe Deparbuent of Defim Manpower Data Center, based an the is n nation that you provided, the above is the current sus of the hx&i ared as to A branches of the AOtery_ 410, it 0144.- Mary X Sagely- m Director Otpartinent of Defense - Manpower Data Center 16M W son lei.. Sake 400 Aarktan, VA 22209-2593 71e Dew Meapower Data Center (DA is anaa n,of the Depe ft end of Dec diet roeidains the De ease Earobnat and H* Rig Systent ONERS) database which is the ale son= ofdrta an eigW for nAary medical care and ocher a arty systems. Deper ame t of Defe strongly supports the aufameeacut cfthe Se vicczaambers Civai R,el dAct [50 USCS Apps. ff 301 et snq] (SCRA) (fb? dwe SoMierf and SaloW Ciyii RdiefAct of 1940). DMDC has issued hoadreds taf6ousands of -does not possm any xfounation indicating that the k d'avidud ia: catsu* an arcdve +daW responses, and has experienced a ana emu rate. In the event the individual refereaooed above, or any Ji maYy number. f ie&A at represeatafiee asserts in any neap dirt the individual is on aefiv+e duty, or is o1herwiise eaetiled to the pratecdcas of !be SCRA, you we strom#y enc ou a pd to obaeia fordw vmIc rr oftlrc arson's active duty pus l> thief person's ?Aftrq Srrviac via tire' or . provided below. If you have evidence the person is an ac&e-duty and yon faiE to abtm addifion d Minty vu&a&n,. provisions of the SCRA may be raked aping you, if YOU obtainfiartlaer nfim ation about tae person (e g.. an SSN, improved accuracy of DOB. a m die nmtwe), you can saolaamiE yctrr request ap in at Ibis Web site and we w3 provide a new rert&ate far that quay. 'T'his response rdsects caarreet active duty' status ady_ For historical ' please eoohd the I1+6kar'y? Service SCRA poiats- oal=caetacts Sae: b tip 'rwww.d4paLgk jgAq? k '9C49SI DR.htm1 WARATPiC This cari6ca to was provided based an a name and Social Security r mdx r (SSN) provided by oche rte. Providing an erroneous na w or SSN wM cause, an enro umns certificate to be prasided. 129006 LVNV FUNDING LLC VS. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY HEATHER HOLDERBAUM To: HEATHER HOLDERBAUM 34 E LOCUST ST MECHANICSBURG, PA 17055-4048 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-98 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: July 11, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR DA ID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 ?a CASE NO: 2008-00098 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS HOLDERBAUM HEATHER GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE .was served upon HOLDERBAUM HEATHER the DEFENDANT at 1630:00 HO'ORS,, ori3the 1st day of April 2008 at 34 E LOCUST STREET MECHANICSBURG, PA 17055-4048 by handing to MICHAEL BOYD, FIANCE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 3`8.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 04/02/2008 APOTHAKER & ASSOCIATES By: 2" Deputy S_ iff A. D. FILED- IC"F' Tpr r;TAY 22.09 MAY 2Q AM 11: 09 l/Y.UV , ?CL- M r3ysr7 Rjj 4/ 31 M&I.,rz, .nal tom.