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Home My WebLink About08-4055Our'?ile No.: 170213 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. ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE, PA 17043-1831 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. ec- 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 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. ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE, PA 17043-1831 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Of- yaS. 74" 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 ANNETTE AUMILLER, an adult individual residing at 718 HUMMEL AVE LEMOYNE, PA 17043-1831. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #0554725106948; and said account was issued to Defendant(s) by SEARS, 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 $1,763.02. 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. t WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of `$1,763.02 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fpqr Plaintiff A Law Firm En2aded in Debt Colk6ti0l BY: David J. Dated: 7/1/2008 Our File No.: 170213 _A 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 yns vorn falsification to authorities. David T'lpothaker Attorney for Plaintiff DATE: 7/1/2008 LVNV FUNDING LLC ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE, PA 17043-1831 STATEMENT OF ACCOUNT Debtor's Name: ANNETTE AUMILLER Account Number: 0554725106948 Original Creditor: SEARS Balance Due: $1,763.02 Our File No.: 170213 EXHIBIT "A" N SHERIFF'S RETURN - REGULAR CASE NO: 2008-04055 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS AUMILLER ANNETTE STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AUMILLER ANNETTE the DEFENDANT , at 0012:00 HOURS, on the 2nd day of August 2008 at 718 HUMMEL AVE LEMOYNE, PA 17043-1831 by handing to DEFENDANT 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 16.00 Affidavit .00 Surcharge 10.00 .00 S/10 t ?, ., ? 4 4. 0 0 Sworn and Subscibed to before me this day of So Answers: R1, Thomas Kline 08/04/2008 APOTHAKER & ASSOCIATES By. Deputy Sheriff A. D. Our File No.: 170213 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. ANNETTE AUMILLER Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4055 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, ANNETTE AUMILLER, in the default of an Answer, in the amount of $1,840.93 computed as follows: Amount claimed in complaint: $1,763.02 Amount Paid: - $(0.00) Interest from July 01, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $77.91 Costs $0.00 Attorney fees $0.00 TOTAL $1,840.93 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, ANNETTE AUMILLER, last know address is 718 HUMIVIEL AVE LEMOYNE, PA 17043-1831. APOTHAKER & Attorneys A Law Firm EneaP By: David J. TES, P.C. Dated: 5/14/2009 Our File No.: 170213 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.: 08-4055 ANNETTE AUMILLER 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 718 HUMMEL AVE LEMOYNE, PA 17043-1831. We inquired with the web site of the Defense fiower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the efe dant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defens M power to Center has sent back our inquiry indicated that the Defendant(s) is/are not in the mili David J. Apo aker Attorney for Plaintiff 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. De)artmeot of DeSmsa Manpower Data Cdr M toy Sty Report Pacsmet to fire Sesvic s Civil Rdef Act X), Macy MM S -Di;w ,leer fitment of Defemse -1 a%mver Data Center 1600 WA= Blvd, Suite 400 Arington, VA 22209-2593 MAY-14-2009 09:4142 Tare Del'e se, Nlwwwa Data Center (DMQ is an orb of the Department of Defoe that amintains the: Nke w Ea obraat and EigW Reporting System (DEERS) database which is the ollicial source of dam ear wi ly far military me 1 care and otter a ly systems- The Deft of Defl a supports the a akexmeat of the sac -emesabcrs Civil Relict Act [SO USCS Appx § f $al et seq) (SCRA) (famrarly the Sold'iers' and Sailors' CH Relief Act ot:1940)_ DMDC has ism bwAvds t f thoasands of 'does not possess anyifornnation indicatingttiat the indivkInal cirma* oa active daty'regx and has experienced a sib arm rate_ I the event the individual referenced above, or my fatuity nnewebeer, fiiex4 or repro asserts in any mmrier that the iadivida d is on active deity, or is olberwise eat to the prates of the SCRA, you we skoa* encoomaged to obtain hff&a v on of the person's active duty siffins by contacting do person's Afflary Service via flee "d -r t ML provided blow. If yon have evidence the persm is an active-qty and you fad to obtain dis additiontd ltliiitary Service won„ prowidaoas of the SCRA my be invoked against you, Wysou obtain fxdwr idbnna oa about the person ( e.g.. an SSN, aoopcaved accuracy of DOB, a awe same), you can submit your request again at this Web site and we wi l pw%ide a new cue for diet query. This response reflects current active duty status only. For l>ntaricail boa, please coated the Mlitwy Service SCRA points cat`-comet. See: htlP: Avww.?def=dik:mA i ? CO9SLDR htlol WA1tNDWx The ce:ti6cate was provided based on a now and Social Security number (SSN) provided by the rcgwsw. Providing an erroncow same or SSN v l cause an erroneous cevtilicate to be provided. rtM:BJ?KWMRZIW Upon searching die boa ddabedcs ofdie Department of Defease Manpower Data Ceuta. bean the x&mndou, det you provided, the :above is the cement staff of the as to a1 branches of the M y. 170213 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY 'LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) ANNETTE AUMILLER ) NO. 08-4055 To: ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE, PA 17043-1831 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 02, 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 J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 SHERIFFS RETURN - REGULAR {t? CASE NO: 2008-04055 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS AUMILLER ANNETTE j?' f.f3 r#df Adj S u dv STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AUMILLER ANNETTE the DEFENDANT , at 0012:00 HOURS, on the 2nd day of August , 2008 at 718 HUMMEL AVE LEMOYNE, PA 17043-1831 by handing to ANNETTE AUMILLER DEFENDANT 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 16.00 Affidavit .00 Surcharge 10.00 .00 44.00 Sworn and Subscibed to before me this So Answers: ,14? e -/I.. - ?--- 'a ,Thomas K1n 08/04/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff day of A. D. iCF THE ,`.WtirV 2019 t-UlY 20 AM 9: 50 Fy #14.00 Po I%T H et (3141rl I az3R8 17ofeaa (?"l"Q TO: ANNETTE AUMILLER 718 HUMMEL AVE LEMOYNE, PA 17043-1831 LVNV FUNDING LLC Plaintiff, VS. ANNETTE AUMILLER Defendant. NOTICE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4055 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 b/-W/0 9 Our File No.: 170213 LVNV FUNDING LLC Plaintiff vs. ANNETTE AUMILLER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-4055 PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of YORK County; (2) against ANNETTE AUMILLER, defendant(s); and (3) against SUNTRUST BANK 2651 CARNEGIE RD YORK, PA 17402, Garnishee(s); (4) and index this writ in the judgment index (a) against ANNETTE AUMILLER, defendant(s), and (b) against SUNTRUST BANK 2651 CARNEGIE RD YORK, PA 17402, as Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of Garnishee(s) as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage film accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due $1840.93 Interest from May 20, 2009 $421.01 Minus Payments made Plus Costs Total 4'‘ $290.25 $2552.19 David J. A..' aker, Esquire Attorney for aintiff(s) . • 2# .2)1Ticks$3) /tf sceol WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-4055 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING LLC Plaintiff (s) From IIPMETTE A woo-6R 718 HUMMEL AVENUE, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SUNTRUST BANK, 2651 CARNEGIE ROAD, YORK, PA 17402 - ALL ASSETS AND ACCOUNTS, INCLUDING, BUT NOT LIMITED TO, BANK ACCOUNTS, BROKERAGE FIRM ACCOUNTS, STOCKS, CD'S, INSURANCE, SAFETY DEPOSIT BOXES, ETC. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (2) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,840.93 Plaintiff Paid $ Interest FROM MAY 20, 2009 - $421.01 Attorney's Comm. % Law Library $.50 Attorney Paid $165.50 Due Prothonotary $2.25 Other Costs $ 2,440.2.S Date: MARCH 10, 2014 REQUESTING'PAiTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD C306 P.O. BOX 5496 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No. David D. Buell, Prothonotary ...,. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber „9‘s!_Ln,,,,:,_, PETER J. MANGAN, ESQ. Sheriff 44' ,,,,,v, Solicitor 1 ... r 7 4,-.„,-;:e y Michael S. Hose p, -!' Richard E Rice, II Chief Deputy, Operations NI c ' Chief Deputy,Administration LVNV FUNDING, LLC Case Number vs. ANNETTE AMUMILLER 2014-SU-1755-41 SHERIFF'S RETURN OF SERVICE 06/20/2014 THE GARNISHEE, SUNTRUST BANK, IS NO LONGER IN YORK COUNTY. SHERIFF COST: $28.60 SO ANSWERS, (---) A— riLi June 20, 2014 -ICHARD P 1 P.' ERLEBER, SH--IFF • ., - , --ri— ,c,ji I— r,...) -- ...„) —,-- -- :.,_;,.z--- •• --- • ,)rl viONWEALTH OF PENNSYLVANIA _,...:.,, , Notarial Seal Sheila E.Cook,Notary Public City of York,York County I My Commission Expires Feb.1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY 2) Affirmed and subscribed to before me this ' 20TH day of JUNE , 2014 ,c)Cow+tyCiu0 Sheilff Te[aoso:t Inc. ( 1171 � oii' ...)\A.._, ,� WRIT OF EXECUTION and/or ATTACHMENT III Ob COMMONWEALTH OF PENNSYLVANIA) NO 08-4055 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING LLC Plaintiff(s) From RIJIUE7TE ALLMILJ.I 7l8 HUMMEL AVENUE,LEMOYNE,PA 17043 (I) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: SUNTRUST BANK,2651 CARNEGIE ROAD,YORK,PA 17402-ALL ASSETS AND ACCOUNTS,INCLUDING,BUT NOT LIMITED TO,BANK ACCOUNTS,BROKERAGE FIRM ACCOUNTS,STOCKS,CD'S,INSURANCE,SAFETY DEPOSIT BOXES,ETC. and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession t. of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added=a m_ garnisheezoo and is enjoined as above stated. "4 -<c' J c O'' .z)....-; Amount Due$1,840.93 Plaintiff Paid$ "Tarn S v . Interest FROM MAY 20,2009-$421.01 r*+ Attorney's Comm. % Law Library$.50 c: Attorney Paid$165.50 Due Prothonotary$2.25 Other Costs$2.41d.ZS .-- 24".:e;e:LI .a2e.....„.., Date: MARCH 10,2014 -I David D. Buell,Prothonotary \133L--ZZAVL 0 —C2C722%12,-e-kr— Deputy r.a REQUESTING PARTY: z.3 t7 Name : DAVID J. APOTHAKER,ESQUIRE Address: APOTHAKER& ASSOCIATES,P.C. `: 520 FELLOWSHIP ROAD C306 c1 -.r P.O. BOX 5496 =- = MOUNT LAUREL,NJ 08054 Attorney for: PLAINTIFF ›. c Telephone: 856-780-1000 Supreme Court ID No. 61 / 6\1 rF rt t ni�hand 0 ace seal O{ s,_+IC; Coa at . Pa.Ciy......,, 1 Tnis )U day of 20 Prothonotary \-.. .) °S 0\' a P(t-ae: