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Home My WebLink About08-45130& File No.: 173126 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. JANET WILEY 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Uj - WI x,/ zlrfn 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. JANET WILEY 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01'- 'IS 13 CZ;-a 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 JANET WILEY, an adult individual residing at 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #4559512000562919; and said account was issued to Defendant(s) by PROVIDIAN NATIONAL BANK, 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 $2,045.21. 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 „$2,045.21 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for MD tiff A Law Firm Engaged bt Colleetioi BY: David J. Dated: 7/18/2008 Our File No.: 173126 VERIFICATION David J. Apothaker Esohereby 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 unsw^falsification to authorities. David J. Attorney DATE: 7/18/2008 JANET WILEY 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901 STATEMENT OF ACCOUNT LVNV FUNDING LLC Debtor's Name: JANET WILEY Account Number: 4559512000562919 Original Creditor: PROVIDIAN NATIONAL BANK Balance Due: $2,045.21 Our File No.: 173126 EXHIBIT "A" `V _ 7 \ co SHERIFF'S RETURN - REGULAR CASE NO: 2008-04513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WILEY JANET 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 WILEY JANET the DEFENDANT , at 0020:25 HOURS, on the 15th day of August , 2008 at 1444 APPLE CIRCLE MECHANICSBURG, PA 17055 by handing to ALLEN WILEY HUSBAND OF 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 11.00 Affidavit .00 Surcharge 10.00 .00 9?b31oE ?,. -/39.00 Sworn and Subscibed to before me this day APT 164 So Answers: _:,- ?,?; e? ;; r_? - R. Thomas Kline 08/19/2008 APOTHAKER & ASSOCIAT By. De ut Sheriff of A. D. Our File No.: 173126 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 Plaintiff, ) CUMBERLAND COUNTY VS. JANET WILEY NO.: 08-4513 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Defendant. TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JANET WILEY, in the default of an Answer, in the amount of $2,121.72 computed as follows: Amount claimed in complaint: $2,045.21 Amount Paid: - $(0.00) Interest from July 18, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $76.51 Costs $0.00 Attorney fees $0.00 TOTAL $2,121.72 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, JANET WILEY, last know address is 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901. APOTHAKER Attorne s A Law Firm En aI By: David J. 5CIATES, P.C. laintiff Debt Collection Dated: 5/14/2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JANET WILEY 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901 LVNV FUNDING LLC Plaintiff, VS. JANET WILEY Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4513 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 S1--2010r Our File No.: 173126 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. JANET WILEY Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4513 . 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 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901. We inquired with the web site of the D, Boulevard, Suite 400, Arlington, VA 22209-2593, Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i 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. Dgmrbwmtcf Def+ense Manpower Date Cdr A+ boy Status Report puramnt to the Serviee rs ChdRefidAct MAY-14-2009 09:5332 WH" JANET' Based on the ifiemofian you huge wed, the DMDC dm"possess any inibruntion i dicating that the individui is currenily on active duty Upon seucb ng the i1ormoon data banks of the Depart of Defense Meupmw Data Center, based on the xformodon That you provided, the above is the current sizitus of the ind vidndt to al branches of the Army. 0100V May M. Swm4y-- i /redo ?ry?? Department of ? - M? Data Center 1600 Wilson BML, Suite 400 ArLe?n, VA 22209-2593 The Defense Manpower Data Center (DMI)C) is an eqpumalion of the Depeeiment of Dofmc that maintains the Defixw e Exrol meat and Elgin* Reporting System (DEERS) cue which a the OCEW source of data on qty for may medicat rare and other eliiry systems. The Deparlment ofDefense stron#y supports the enfixcer of The Set,v c e s Cid ROWAct 150 USCS Appx §§ 501 et seq] (SCRA) Ommedy the Sold'iers' and Stirs' Civil ReWAct of 1940). DMDC has issued hundreds ofd of'dnes not possess any iformalioniiidic The individmd atr r on active dory" renpa , and has experienced a snat error rate. In The event the km*A&d referenced above, or any fam imember, Mend. at representative asserts in any menner that the kwfividad is on active duty, or is oiberwise entided to the pons ofthe SCRA, you we strongly en comMed to obtain farther v+erificadon afthe person's active dirty sus by contacting do perscds Amory Service via the "defi=dnkmr URL provided below. V you have evidence the person, is on active-dwy and you M to obtain this additional A ? Service Cori, pry of th a SCRA may be invoked agu est you. If you obtain f kfarmation about the person (e g., an SSN, improved accu acy of DOB. a n?iddie name), you can submit your request again at this Web site and we wit provide a new ce> a for that gwy. Ibis response rdk-cb current ache duty status only. For bistcx W isfi aaation, pure contact the MWKy Service SCRA poiiots- td`-contact. Sear: bttts-.f? S?DR htEal WAPJ4DtCCr- This cart to was provided based on a noire and Socid Security raanber (SSN) provided by the requester. Providing an erroneous name or SSN v* came an cameous cextficate to be provided. Rgorr,M1. eNrec f xv 173126 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) JANET WILEY ) NO. 08-4513 To: JANET WILEY 1444 APPLE CIR APT 164 MECHANICSBURG, PA 17055-3901 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 15, 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 I 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 . SHERIFF'S RETURN - REGULAR CASE NO: 2008-04513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WILEY JANET MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMINT`& NOTICE was served upon WILEY JANET the DEFENDANT at 0020:25.HOURS;,on the 15th day of August , 2008 at 1444 APPLE CIRCLE APT 164 MECHANICSBURG, PA 17055 by handing to ALLEN WILEY HUSBAND OF 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 11.00 Affidavit .00 Surcharge 10.00 .00 39.00 Sworn and Subscibed to before me this So Answers: -11. ?0-? 10?z- R. Thomas Kline 08/19/2008 APOTHAKER & ASSOCIAT By: De t Sheriff day of , A. D. FILFJ-iµ" _. ;C;-- 0, F T1 1r f yrl:^I- Aq l 2 1}9 MAY 20 AM 10: 1,S) ;, - ' :,N ?cL A4 7q/44-06 ? e K't 1311 ?'S9 k-m .2.z sga2.4 A) C41 tf, Yn -7 L 6C