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Home My WebLink About08-4057Our File No.: 170199 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. DOUG SMITH 518 SALMON RD MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. ??' - ?fD.S ? Gccu-? 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. DOUG SMITH 518 SALMON RD MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COU/NT?Y' NO.: UP. Y0 S 7 T4 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 DOUG SMITH, an adult individual residing at 518 SALMON RD MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #0362081946844; and said account was issued to Defendant(s) by CITI-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 $1,469.99. 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 $1,469.99 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorneyr Plaintiff A Law Firm End in Debt Collection BY: , Dated: 7/1/2008 Our File No.: 170199 VERIFICATION David I 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 convect 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 )a?unsworn falsification to authorities. Davidl. Apothaker Attorney for Plaintiff DATE: 7/1/2008 LVNV FUNDING LLC DOUG SMITH 518 SALMON RD MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: DOUG SMITH Account Number: 0362081946844 Original Creditor: CITI-SEARS Balance Due: $1,469.99 Our File No.: 170199 EXHIBIT "A" ? ? - c3 ? -???? -? .?-_ ? c,d ? =? ? ?? \ (^I ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-04057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING ?LC VS SMITH DOUG ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland Co nty,Pennsylvania, who being duly sworn according to law, says, the wit in COMPLAINT & NOTICE was served upon SMITH DOUG DEFENDANT the at 0016:50 HOURS, on the 16th day of July , 2008 at 518 SALMON RD MECHANICSBURGI PA 17050 DOUG SMITH DEFENDANT 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: So Answers: Docketing 18.00 Service ? 13.00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 41.00 07/17/2008 APOTHAKER & ASSOCIATES 7 f Z 3?oa =Clen Sworn and Sub cibed to By: before me thi day eputy Sheriff of A.D. 0. -6 Our File No.: 170199 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. DOUG SMITH Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4057 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, DOUG SMITH, in the default of an Answer, in the amount of $1,534.83 computed as follows: Amount claimed in complaint: $1,469.99 Amount Paid: - $(0.00) Interest from July 01, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $64.84 Costs $0.00 Attorney fees $0.00 TOTAL $1,534.83 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, DOUG SMITH, last know address is 518 SALMON RD MECHANICSBURG, PA 17050. APOTHAKER & AST*4t S, P.C. Attorneys for ff A Law Finn Engaged Colley By: David J. Apothaker Dated: 5/14/2009 4 • Our File No.: 170199 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.: 08-4057 DOUG SMITH 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 De ndant(s) resides at 518 SALMON RD MECHANICSBURG, PA 17050. 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 David J. Apothaker Attorney for Plaintiff 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. 1 J. Deparoment of Defense Manpower Data Ceti i koy Staters Report Par to the Serv ctanc tubers Civil R:e iief Act A 4 tiv Mzy M. Sam* Dixon. Director Department of Defense - Manpower Data Center 1600 Wi wa Bh d., Si*e 400 A406606. VA 22209-2593 MAY-14-2009 09:40:21 The Die Margrower Data Center (?ADC) is an orgunation ot'tbe Dept cf Defense that maintain dw Defruse Eaaoimm at and ffi ity Reporting Sys (DEERS) database whichis the offiritd souse of data on a ty for wifitary rare and other efigiWity systems. T9re Departmnent of Dd€mw s vo* ppoets the en6rx? of the IS i '..'mbexs C" Relief Act [30 USCS Appx §§ 501 et well (SCRA) Ome rly fire Sa diers' and Smears' C Reiief A.ct of 1940) DUDC has issuer! Ima drreds oftonsauds ef'dm not possess anyidenmogion indiicating'that the k4wkinst s carready an active &W responses, ernd has eqxiienced a smil error rate.. In tine event the individual relimcM abwe. or any f anly member, friend or represeataive asserts in any per dirt the inrllvi&d is on alive einty, or is otirerwise eased to the protections of the SCRA, you are stron* rid to obtain vrfficadon of the ms's active duty std lay coutacting tbatperm's Mkmry Service Nk the "dim mi" UIZL pr c>vided below. If you have evidence the person is an active-duty and you &A ID obtain dis sddhionat Mbry Service ins, provisions of the SCRA may be invoked agaimst you. V yore obtain friber kfarmation about the person ( e.g., an SSN. improwaed accuracy of DOB, a middle name). you can submit your request again at this Weds she and we wil provide a new camScate fac that query. Tlas response re$ects caaee at active duty status o*. For historical z& m bm, please contact the Mlitary Service SCRA points- of-contla Sex: httrOlwww WAR2+DNCI This create was provided based on a nume mad Social Security venal r (SSN ) premed by the rewestar. Provi ft an esronecw name or SSI w3 cause an envowaus cerli6cate to be provided. R&,parrm lKE Upon searcHug Se ii6 - deft baoics cf the of Defense Manpower Data Center, based on the ioEorn odw 69 yon provided, the above is the cueredt status of the kAfyidoat as to all braeches of the Miter. o ? .r 170199 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) VS. ) DOUG SMITH ) To: DOUG SMITH 518 SALMON RD MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4057 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 19, 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 DNAP J. APOTHAKER, ESQUIRE APO R & 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 . . .. 1-7 01ct 9 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS SMITH DOUG ROBERT BITNER JUL 31 2008 der ,.Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH DOUG the DEFENDANT at 0016:50 HOURS, on the 16th day of July , 2008 at 518 SALMON RD MECHANICSBURG, PA 17050 by handing to DOUG SMITH 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: Docketing 18.00 Service 13.00 Affidavit .00 Surcharge 10.00 .00 41.00 Sworn and Subscibed to before me this day of , ` So Answers: zzz R. Thomas Kline 07/17/2008 APOTHAKER & ASSOCIATES By: eputy Sheriff A.D. op .,. . +1LE --.CA:. rv OF THE" 2009 M"Ay 20 GL? 414.oo p p ATr4 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DOUG SMITH 518 SALMON RD MECHANICSBURG, PA 17050 LVNV FUNDING LLC ) Plaintiff, ) VS. ) DOUG SMITH ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4057 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. Apothaker, Esq. at this telephone number: 215-634-8920 .s1a%y