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Home My WebLink About08-3166Our File No.: 143 761 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 LVNV FUNDING LLC c/o Apothaker & Associates, P.C 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. MICHAEL M RYAN 840 ANTHONY DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0% - 31 to(o C'tvi ?pr1M 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 ban demandado a usted en la cone. Si usted quiere defenderse do estas demandas expuestas en ]as 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 demands en contra suya sin previo aviso o notificacion. Ademas, ]a 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 J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 214520 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. MICHAEL M RYAN 840 ANTHONY DR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0P-3164 ?, ? CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114 2. Defendant(s) is/are MICHAEL M RYAN, an adult individual residing at 840 ANTHONY DR MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #3380821938; and said account was issued to Defendant(s) by CITIBANK, 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 $1,730.01. 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 $1,730.01 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & OCIATES, P.C. Attorney or laintiff A Law Firm Ent ge in Debt Collection BY: Dated: 5/8/2008 David Our File No.: 143761 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 relat to unsworn falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 5/8/2008 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 219520 Philadelphia, PA 19114 MICHAEL M RYAN 840 ANTHONY DR MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: MICHAEL M RYAN Account Number: 3380821938 Original Creditor:, CITIBANK Balance Due: $1,730.01 Our File No.: 143761 EXHIBIT "A" SHERIFF'S RETURN - REGULAR CASE NO: 2008-03166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS RYAN MICHAEL M MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE RYAN MICHAEL M DEFENDANT was served upon the at 1725:00 HOURS, on the 13th day of June , 2008 at 840 ANTHONY DRIVE MECHANICSBURG, PA 17050 MICHAEL RYAN by handing to 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 Service Affidavit Surcharge t- J, 2/6 P 18.00 11.00 .00 10.00 .00 39.00 Sworn and Subscibed to before me this day So Answers: rr?« R. Thomas Kline 06/16/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff of A. D. Our File No.: 143761 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. MICHAEL M RYAN Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3166 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, MICHAEL M RYAN, in the default of an A $1,826.65 computed as follows: Amount claimed in complaint: $1,730.01 Amount Paid: - $(0.00) Interest from May 08, 2008 to 06/18/09 at the legal interest rate of 6.000 per annum $96.64 Costs $0.00 Attorney fees $0.00 , in the amount of TOTAL $1,826.65 I hereby certify that the appropriate Notices of Default, as attached have been maile in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, MICHAEL M RYAN, last know address is 840 ANTHONY DR MECHANICSBURG, PA 17050. Dated: 6/18/2009 APOTHAKER &/ASS/OCIATES, P.C. A Law Firm Endazed'in By: David J. Apothaker Our File No.: 143 761 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO.: 08-3166 MICHAEL M RYAN 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 Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 84( MECHANICSBURG, PA 17050. We inquired with the web site of the Defense M p wer Data Center, Boulevard, Suite 400, Arlington, VA 22209-2593, if the fe ant(s) is/are in any Mary M. Snavely-Dixon, Director of the Defens M power to Center has sent indicated that the Defendant(s) is/are not in the military David J. Ap aker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the Section 4904 relating to unsworn falsification to authorities. n the attorney for ANTHONY DR 1 at 1600 Wilson of the military. our inquiry of 18 Pa. C.S. Department of Defense Manpower Data Center \i1itary Status Report Pursuant to the Sen iceniembers Civil Relief Act . Last FirstAIiddle Begin Date _Active Date- Status Name RYA \ IICI-IAEI. \i Based on the information you have fin fished, the D)ODC does not pass indicating that the individual is currently on active duty, Upon searching the information data banks of the Department of Defense Manpower Data Center, based you prosidedq the above is the current status of the individual as to aU branches of the ?4kar , Apat Mary M. Snavely-Dixon. Director Department of Defense _ Manpower Data. Center 1600 Wilson Bh-d__ Suite 00 Axliii ,ton, VA 22209-2593 The Defense Manpower Data Center (D1M7C) is an organization of the Department of Defense that rna Enrollment and Eligibility Reporting System (DEERS) database 1%Ech is the official source of data on elig care and other eligibi4ity systems- The Department of Defense strongly supports the enforcement of the Servicemembers Civil ReRdAct [50 et seq] (SCRA) (formerly the Soldiers' and Sailors" 00 Relief Act of 19-10)_ D_LfDC has issued hundreds not possess any information indicating that the individual is currently on active duty" responses, and has a rp rate- In the event the individual referenced abo-,?e, or an), family member: friend or representative asserts in individual is on active duty- or is otherwise entitled to the protections of the SCRA, you are strongly' encour verification of the person's active duty status by contacting that persons N4&ary Senice via the "defenselinl below. If you have evidence the person is on act'iv'e-duty and you fail to obtain this additional'??tary Semi provisions of the SCRA may be invoked against you_ If you obtain further information about the person ( e,g., an SSti, improved acctu°acy of DDB, a middle your request again at this Web site and we vv^il provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the 2VUlary of-contact. See: h u,vv-w,defenselink.ngfa is-PC09SLDB.,hbrl WARMG: This certificate was provided based. on a name and Social Security number (SS?\) proNide?d Providing an erroneous name or SSA -will cause an erroneous certificate to be provided- JM, -1 -200910.49.26 Sees ce/Ageacy- ess art information the information that the Defense for military mewl iCS Appx_ §§ 501 thousands of 'does enced a smal error y manner that the ed to obtain further v'1" URL provided verification- you can submit SCRA points- the requester. 143761 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) VS. ) MICHAEL M RYAN ) To: MICHAEL M RYAN 840 ANTHONY DR MECHANICSBURG, PA 17050 COURT OF COMMON- PLEAS CUMBERLAND COUNTY NO. 08-3166 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAUL' Date of Notice: July 14, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORT 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 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 DAVII?J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collectio 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 SHERIFF'S RETURN - REGULAR CASE NO:, 2008-03166 P a COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS RYAN MICHAEL M Lip y _ i $ a JUN 2 fil Do MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT NOTICE was served upon RYAN MICHAEL M the DEFENDANT at 1725:00 HOURS, on the 13th day of June 2008 at 840 ANTHONY DRIVE MECHANICSBURG, PA 17050 by handing to MICHAEL RYAN 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 11.00 Affidavit .00 Surcharge 10.00 .00 39.00 Sworn and Subscibed to before me this of So Answers: day R. Thomas Kline 06/16/2008 APOTHAKER & ASSOCIATES By: 157 111< A. D. i- _,-7'-_ 'iKY L ?., I U. ., r ?? .? ? r. .', _ i? 4 ? ?? .? ? ??. od ?i ?LA?-?J ck? ?a y7g7 i2'? aaMi99 I?Ju??te. m? ?c.?, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHAEL M RYAN 840 ANTHONY DR MECHANICSBURG, PA 17050 LVNV FUNDING LLC Plaintiff, vs. MICHAEL M RYAN Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I NO.: 08-3166 I Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that al 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 ARBITRATOR 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 OCB ?/asb9