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Home My WebLink About08-4056Our;rile No.: 170373 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. JOHN O WORKMAN 3 MICHAUX DR NEWVILLE, PA 17241-9599 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. X - OS? &VJ 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 APQTHAKER & 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. JOHN O WORKMAN 3 MICHAUX DR NEWVILLE, PA 17241-9599 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Of- y656 C a'j' " .- 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 JOHN O WORKMAN, an adult individual residing at 3 MICHAUX DR NEWVILLE, PA 17241-9599. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5121079716675993; 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 $5,533.62. 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 $5,533.62 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaaw-$d in Debt Cgffectioi BY: Dated: 7/1/2008 Our File No.: 170373 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 unsvy ni falsification to authorities. David J. Attorney for Plaintiff DATE: 7/1/2008 LVNV FUNDING LLC JOHN O WORKMAN 3 MICHAUX DR NEWVILLE, PA 17241-9599 STATEMENT OF ACCOUNT Debtor's Name: JOHN O WORKMAN Account Number: 5121079716675993 Original Creditor: SEARS Balance Due: $5,533.62 Our File No.: 170373 EXHIBIT "A" m' ,NJ (Aj SHERIFF'S RETURN - REGULAR CASE NO: 2008-04056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WORKMAN JOHN 0 JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WORKMAN JOHN 0 the DEFENDANT at 0008:40 HOURS, on the 2nd day of August 2008 at 3 MICHAUX DR NEWVILLE, PA 17241-9599 by handing to JOHN WORKMAN 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 18.00 Service 11.00 ?t Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 va?r?GB ?-. 39.00 08/04/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day Deput eriff of A.D. Our File No.: 170373 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. JOHN O WORKMAN Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4056 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JOHN O WORKMAN, in the default of an Answer, in the amount of $5,780.81 computed as follows: Amount claimed in complaint: $5,533.62 Amount Paid: - $(0.00) Interest from July 01, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $247.19 Costs $0.00 Attorney fees $0.00 TOTAL $5,780.81 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, JOHN O WORKMAN, last know address is 3 MICHAUX DR NEWVILLE, PA 17241- 9599. APOTHAKER & ASliebt TES, P.C. Attorneys for tiff A Law Firm Engaged Collectioi By: David J. Dated: 5/14/2009 n ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JOHN O WORKMAN 3 MICHAUX DR NEWVILLE, PA 17241-9599 LVNV FUNDING LLC Plaintiff, VS. JOHN O WORKMAN Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4056 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. AWthaker, Esq. at this telephone number: 215-634-8920 sJ/ q jai Our File No.: 1703 73 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. JOHN O WORKMAN 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 3 MICHAUX DR NEWVILLE, PA 17241-9599. 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.: 08-4056 David J. AZ Attorney for r Data Center, located at 1600 Wilson s) is/are 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 unsworn falsification to authorities. Depscmamt of Def'mse Manpower Data Cater MAY-14-2009 09.44:59 Based on the inkmation tiros haveh d, the DUDC does notpos seas any i ban Upon sag the won dds backs ofthe Dement of Defense Manpower Data Center, bpi an the man that you provided, the above is the cwe nt stem ofthe idyided as to A branches tf the A&y. OIC4rr? Macy M. Snam* i7h7uU k Director Depectraentof Defeme - Manpower Data Center 1600 Wlsw BhxL, Suite' 400 Arlisom VA 22209-2593 The Deleaw Manpower Data C (D C) is an man of the Department of Delease dot maintains the Defieuse Enrolment and E %W Rqtotting System (DEERS) die wb" is the soap afdetat on dqW far wAtary me&A care and dher e4oxlky syn. The Depad ment of D dense so?Y ? the en creerrrent of dre Sabers Civil RdefAct 150 USCS Apex ff 501 et seq] (SCRA) (ronewdy the and Sam' 0 Refi f Act of 1940)_ D C has kneed h is of thoasansds af'does not possess any nn on indicating that the individeni cunrently an active day" re eponym and has expetie nce d a smal error rate.. In the event the im ivi&W refimenced above, or my fo di(y? number, Mend, ar represeataliwe asserts is any manner ihet the indivAnd is an active duty, or is of utwiae eked to the protections of the SC:RA, you are sk ongty ax%m aged to obtain fadher ve an of the persods active duty s by contacting that pea!roa's hffilkwy Service vk the " eLzff URL prodded below. Nyou have evidence the person is an active-dilly and you fid to obtain this a onst toy Service vai6ca don,, tuorvisians of the SC RA may be invoiced against you. If y u o dadier of mnation about the person. (e.g., an SSN, improved accoracy cif .DOB, a mWkle naiw), you csa submit your request again at this Web site and we wR provide a new cerdficute for that quay. This response reflects cmacrent acbm duty states only. For bata&d io ion, please coated fire MItKy Service SCRA poiats- of-cantect. See; bt?-.??.d WARNING- This catlicate was provided based an a emirs and Socl Secwiy number (SSN) provided by thevegaostear. Providing an e"oem now or SSN wB cue an enoneoas cerdIcate to be provided. Raprsrt jD:BCWCVjr"F fey Sys Dort P,memnaed to &e Sesvic s Civil Relief Act ,170373 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) VS. ) JOHN O WORKMAN ) ) To: JOHN O WORKMAN 3 MICHAUX DR NEWVILLE, PA 17241-9599 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4056 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 DAVI J. APOTHAKER, ESQUIRE APO R & 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 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WORKMAN JOHN O i 1(a 2,nq JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvana, who being duly sworn according to law, says, the within COMPLAIN' ;.&: NO*Z1,CF . ,was served upon WORKMAN JOHN O ,; -04. ! the DEFENDANT at 0008:40 HOURS, on the 2nd day of August 2008 at 3 MICHAUX DR NE MLLE, PA 17241-9599 by handing to JOHN WORKMAN DEFENDANT a true and attesfed 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 day of $ o Answers: R. Thomas Kline 08/04/2008 APOTHAKER & ASSOCIATES Ey' Depot eriff A..D. FILED,,,..,rrlr ?f--IE-p? 7'I r TNgY 2CP9 M A y i 9 pill 3: 5 ? Cu , 1 I <7l? /Al. ?O I?cL i't'f'? eKj is A -AL a-as3`'j McAl 1:r, ola 1 a Our File No.: 170373 APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire I --j = 2: I I• Attorney I.D.# 38423 520 Fellowship Road C306 PENNSYLVANIA'AND COUNT`/ Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) vs. ) ) JOHN 0 WORKMAN ) NO. 08-4056 ) Defendant. ) ) 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 f,,r ' aintiff A Law Firm Enga -d i Debt Collection 1 By: David J. Ap► h , Esquire 111 1 NI IIII I 1111 III I II 11 * Q 1 7 0 3 7 3 S S O J 1 - * ey.Jv 12;tc°6