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Home My WebLink About08-4052Our 19ile No.: 170425 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. DOUGLAS W MILLER 444 FAIRGROUND AVE CARLISLE, PA 17013-1922 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 i APO,THAKER & 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. DOUGLAS W MILLER 444 FAIRGROUND AVE CARLISLE, PA 17013-1922 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6.f YDS Z cu-'-d -72,- 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 DOUGLAS W MILLER, an adult individual residing at 444 FAIRGROUND AVE CARLISLE, PA 17013-1922. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #7981923392013787; and said account was issued to Defendant(s) by LOWE'S, 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 $2,307.37. 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 $2,307.37 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm EnRaFA in Debt Collectioi BY: Dated: 7/1/2008 David J. Our File No.: 170425 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 subject to the penalties of 18 Pa.C.S.A. 4904 relating to understands that the statements therein are made falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 7/1/2008 LVNV FUNDING LLC DOUGLAS W MILLER 444 FAIRGROUND AVE CARLISLE, PA 17013-1922 STATEMENT OF ACCOUNT Debtor's Name: DOUGLAS W MILLER Account Number: 7981923392013787 Original Creditor: LOWE'S Balance Due: $2,307.37 Our File No.: 170425 EXHIBIT "A" r 0 Min j V O SHERIFF'S RETURN - REGULAR CASE NO: 2008-04052 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS MILLER DOUGLAS W DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLER DOUGLAS W was served upon the DEFENDANT , at 0013:00 HOURS, on the 12th day of July 2008 at 1101 CLAREMONT ROAD CARLISLE, PA 17013-1922 by handing to DUGLAS W MILLER DEFENDANT 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: So Answers: Docketing Service 18.00 5.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.00 07/14/2008 Sworn and Subscibed to By: before me this day De uty Sher" of A.D. Our File No.: 170425 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. DOUGLAS W MILLER Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4052 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, DOUGLAS W MILLER, in the default of an Answer, in the amount of $2,409.78 computed as follows: Amount claimed in complaint: $2,307.37 Amount Paid: - $(0.00) Interest from July 01, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $102.41 Costs $0.00 Attorney fees $0.00 TOTAL $2,409.78 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, DOUGLAS W MILLER, last know address is 444 FAIRGROUND AVE CARLISLE, PA 17013-1922. APOTHAKER & Attorneys A Law Firm Ensa$ By: David J. .TES, P.C. Debt Collection Dated: 5/14/2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DOUGLAS W MILLER 444 FAIRGROUND AVE CARLISLE, PA 17013-1922 LVNV FUNDING LLC Plaintiff, vs. DOUGLAS W MILLER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4052 Civil Action NOTICE 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. AWthaker, Ea. at this telephone number: 215-634-8920 Our File No.: 170425 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. DOUGLAS W MILLER 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 444 FAIRGROUND AVE CARLISLE, PA 17013-1922. 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.: 08-4052 David AApothaker Attorney r Plaintiff 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. Depadment of D dense Manpower Data Center MAY-14-2049 09-46.00 Upon searching the data btades of the De pact neat of DeEmse Manpower Data Ceuta, based an the ifamudon dot you provided, the above is the current sus afdw i dvidwl as to A broaches of the Mfimy. A Mary M. Saet*: Damon, Director Dqmftent afDef nw - Manpoweer Data Centex 1600 Wilson Blvd, Suite 400 Arxngton, VA 22209-2593 111 Defense' Maapowa Data Center (MM is an owakmfion of the Department ofDefam dug maintains the Defense E nt and malty Rgxxtkg System ( S) use w" is dw dficW source cfde t on egW for mlitary amfivd care and adia cIgW systems. The Deperwynx of Defense stro y sappods the a dorc t of the Serc+icerne'mbers Civil Reli fAct {30 USCS Amm §f 501 et segj (SCRA) fly the Sot s' and. Sailors' Civil ReliefAcx of 194tf}_ C besissued hm&edsof thrmsmads of "does not possess my won indicaling`that the individual is crrready an active duty" mss, and has experienced a small arm rate. In the event the iadividuai refeteaced above, cis my firmly member. Mend, or r e asseets in any manner that die individual is an active dozy, at is odiawiroe entitled to the protection; of the SCRA, you are straegly encouraged to obtain father vegan afore person's active duty status by contacting type rsan's Mikry Service v dw'deI 111 mr URL provided below. Myon have evidence the person is an active-duty and you f d to obtain (Iris atlilitio nsl try Service verificetion, provid ns ofdw SCRA may be invoiced against you. If you obtain 5aIlier information about the person ( e.g., as SSN. improved accuracy of DOB, a nrici?e name), you can submit your regaest again at this Web site and we w3 provide a new certi1icate for that query. Il is response redlects current active duty status only. For historical ` please contact the 1 try Service SCRA points-inkanabon, of=coatacL See: httailwa wv WARNDI&. This catficatie- was provided bawd on a name and Sock Security amnbesr (SSA provided by The requester. Prang an erroneous mere or SSN will came an erroneous cent to be provided. RsponMBCOF'i'NM1EG Mkmy Stator Report Pursuaat as the Se +icr , Civil Relief Act 170425 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) VS. ) DOUGLAS W MILLER ) To: DOUGLAS W MILLER 444 FAIRGROUND AVE CARLISLE, PA 17013-1922 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4052 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 12, 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 DAVI 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 0 LA SHERIFF'S RETURN - REGULAR CASE NO: 2008-04052 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND I( i(3 LVNV FUNDING LLC JUL 17 VS ov MILLER DOUGLAS W DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT &°NOTICE was served upon MILLER DOUGLAS W the DEFENDANT , at 0013:00 HOURS, on the 12th day of July , 2008 at 1101 CLAREMONT ROAD CARLISLE, PA 17013-1922 by handing to DUGLAS W MILLER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Casts: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day of x So Answers: J+ R. Thomas Kline 07114/2008 By: De uty Sher' OPP" A.D. T?T OF THE f? TT 2GO9 PAY 19 PH 3: 47 111. Ub 17 J ? 13?f747 5308',/