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Home My WebLink About08-3080Our File No.: 156663 APGXHAKER & 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 MIDLAND FUNDING LLC c/o Apothaker & Associates, P.C 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. ERVINE C HOOVER 216 N HANOVER ST CARLISLE, PA 17013-2419 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OB - 3080 C l v 6 't ? 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) dial 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 provisions 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 J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff MIDLAND FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. ERVINE C HOOVER 216 N HANOVER ST CARLISLE, PA 17013-2419 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OP-34 6 C,-u? T."" CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, MIDLAND 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 ERVINE C HOOVER, an adult individual residing at 216 N HANOVER ST CARLISLE, PA 17013-2419. 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 $967.57. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is ASPIRE VISA. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $967.57 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & OCIATES, PC AttM'2edt for laintiff A Law Firm Debt lection BY: David J. Apothaker Dated: 4/27/2008 Our File No.: 156663 VERIFICATION David J. Apothaker, Esc. 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 toter worn falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 4/27/2008 MIDLAND FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 ERVINE C HOOVER 216 N HANOVER ST CARLISLE, PA 17013-2419 STATEMENT OF ACCOUNT Debtor's Name: ERVINE C HOOVER Account Number: 4106360008832233 Original Creditor: ASPIRE VISA Balance Due: $967.57 Our File No.: 156663 EXHIBIT "A" * 1 00 c N q Cry ? _" flat SHERIFF'S RETURN - REGULAR CASE NO: 2008-03080 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDLAND FUNDING LLC VS HOOVER ERVINE C KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOOVER ERVINE C the DEFENDANT at 2030:00 HOURS, on the 16th day of May 2008 at 216 N HANOVER STREET 2ND FLOOT CARLISLE, PA 17013-2419 by handing to ERVINE HOOVER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 ,y 5.00 .00 10.00 R. Thomas Kline .00- 33.00 05/19/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this day By: of A. D. 4 Our File No.: 156663 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 MIDLAND FUNDING LLC Plaintiff, vs. ERVINE C HOOVER Defendant. TO THE PROTHONOTARY: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3080 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, ERVINE C HOOVER, in the default of an Answer, in the amount of $737.16 computed as follows: Amount claimed in complaint: $ 967.57 Less: Amount Paid: ( 383.19) Plus: Interest from April 27, 2008 to August 12, 2009 at the legal interest rate of 6.00% per annum 41.28 Attorney fees 0.00 TOTAL $ 737.16 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, ERVINE C HOOVER, last known address is 216 N HANOVER ST CARLISLE, PA 17013-2419. APOT & ASYebt TES, P.C. A o ys for ff A Law Fi E caged Collectio n By: J. Apothaker Dated: August 12, 2009 Our File No.: 156663 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 MIDLAND FUNDING LLC Plaintiff, vs. ERVINE C HOOVER Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. 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 216 N HANOVER ST CARLISLE, PA 17013-2419. 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 De indicated that the Defendant(s) is/are not in the mili COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3080 David J. Ap6thaker Attorney for Plaintiff r Data Center, located at 1600 Wilson s) is*e in any branch of the military. 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 unswom falsification to authorities. APO'THA'KER&AsSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense. Manpower Data Center AUG-12-2009 08:16:26 Mary Stag Report Pt t to the Service be rs Civi Relief Act ' Lass ? firstfAffiddle Be& Dale AcCh-e Daity Sbtaaan ServicetAgName I ?' H='ER ER VINE C $ased oan the i nfonnation you have f ruisbed, the D.M DC does not possess any infon nation i indicating that the in? is currently on active duty. Upon se: g the ifenziation data banks of the Dcpartnumit dDefense Manpower Data Center. based: on the informer that you provided, the above is the current star of the rival as to alt branches ofthhe may. tt )4. )1 0 4t4'_ A?? Mary M. Survely-Dixon, Director Department of Defense - Manpower Data Center 1600 W h Bhd__ Suite 400 Aron, 1ITA 2"09-2593 The Defense Manpower Data Cater (Dh1DC) is an orgmization of the Dcparbuc at dDefcnse the Defense Enrohment and EfigU y Reporting Systaern (DEERS) dah6ase which is the official source of an ehigib ty for rs ary amoral care and other a iky systems.. The Department of Defense stron* supports the edorcean ct ohf the Sere ear bees Civic Relief Act [SO USCS Appac. §§ 501 et seg] (SCRA) (foamy the Sol&xs' and Says" Qvi RefefAct of 1940)_ IIIVMC has issued heeds of'&msands of -does not possess any i hno€mahnn indicating that the indivirhsal is currently an active Cindy" responses, and has experietice d a small error rate. In the event the referenced above, or any far* member, fiiend, or representadw asserts in any manner that the ah is on active duty, or is ohm vise enti6ed to the protections of the SCRA, you are strangfy encouraged to obtain further vexifxcatiorh of the person's afire duty status by contacting that persons Mlitary Service via the "dcfensdink. '" URI„ provided behm . If you have evince the person is on active-duty and you fag to obtain this adtifixal _ Service verification, pravisuhns of the SiCRA maybe irhvoked against yoga. If you obtain fthrtther irformation about the person ( e.g., an SSN, unproved accuracy of DUB, a middVe name), you can submit your request again at this Web site and we wil pruvkle a new certificate for that query, This resporhse reflects current active duty status ody. For histoncal ' afonnabon, please contact the I hairy service SCRA points- raf~contact. See: bttp.? yvw-w:defensclink.miL/fardy6'PC09SLI?R. WARNING Ibis ccrt6cate was provided based on a panne and Social Security amber (S SN) provided by the requester. Provk1ing: an ems name or SSN w cause an erroneous ca i&cate to be provkled. Rsport ID.RFCCtZRZ3E ., 156663 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY MIDLAND FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) ERVINE C HOOVER ) NO. 08-3080 To: ERVINE C HOOVER 216 N HANOVER ST CARLISLE, PA 17013-2419 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: June 17, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 D 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 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03080 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDLAND FUNDING LLC VS HOOVER ERVINE C KENNETH GOSSERT Sheriff'or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOOVER ERVINE C the DEFENDANT , at 2030:00 HOURS, on the 16th day of May 2008 at 216 N HANOVER STREET 2ND'FLOOT CARLISLE, PA 17013-2419 by handing to ERVINE HOOVER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/19/2008 APOTHAKER & ASSOCIATES By: A. D. FILEi}-?;;rrfCE ' OF RE c:^^ T;l) 1OTARY 2009 AUG 20 AN 0: 09 Clv?J?;.?LITY +14.00 PO AT-r4 C.IG" (4(o 681 P aaq 4-78 004eA, PaJLd r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ERVINE C HOOVER 216 N HANOVER ST CARLISLE, PA 17013-2419 MIDLAND FUNDING LLC Plaintiff, VS. ERVINE C HOOVER Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3080 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. Avothaker, Esq. at this telephone number: 215-634-8920 81ao%9 Our File No.: 15 6663 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 MIDLAND FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. ERVINE C HOOVER Defendant. NO. 08-3080 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 for Plaint' f A Law Firm Engaged in'De Collection By: David J. 20 9 Di?C - i Pr 12: 4, 8 oat. 04# 1 IF, Vc ?'7 17 3a pry I ;t 31 Say