HomeMy WebLinkAbout08-5235Our File No.: 168524
`APOTRAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
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.
EVELYN M GARBER
208 SENATE AVE # 307
CAMP HILL, PA 17011
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: tB - 5x36 Ctv i ! term
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
APOCTHAKER & ASSOCIATES, P.C.
7BY: David J. Apothaker, Esquire
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.
EVELYN M GARBER
208 SENATE AVE # 307
CAMP HILL, PA 17011
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: G Sl - 5-?- 3 s nV; f t u
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 EVELYN M GARBER, an adult individual residing at 208 SENATE AVE #
307 CAMP HILL, PA 17011.
3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account
#5049948078212430; 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 $4,198.47. 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
$4,198.47 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney r laintiff
A Law Firm Eng ed ' Debt Collection
BY:
David J. Apothaker, Esquire
Dated: 8/25/2008
Our File No.: 168524
J , 1
VERIFICATION
David J. Apothaker, Esquire 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 relao unworn falsification to authorities.
David J. Apothaker, Esquire
Attorney for Plaintiff
DATE: 8/25/2008
I '1
EVELYN M GARBER
208 SENATE AVE # 307
CAMP HILL, PA 17011
STATEMENT OF ACCOUNT
LVNV FUNDING, LLC
Debtor's Name: EVELYN M GARBER
Account Number: 5049948078212430
Original Creditor: SEARS
Balance Due: $4,198.47
Our File No.: 168524
EXHIBIT "A"
W
La
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kk,
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05235 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
GARBER EVELYN M
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GARBER EVELYN M
DEFENDANT
the
, at 1313:00 HOURS, on the 6th day of September, 2008
at 208 SENATE AVE
#307
CAMP HILL, PA 17011 by handing to
EVELYN GARBER
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
Service
Affidavit
Surcharge
, +l I
18.00
15.00
.00
10.00
00
?00
Sworn and Subscibed to
before me this
day
So Answers:
r
R. Thomas Kline
09/08/2008
APOTHAKER & OC TES
By:
Deputy Sheriff
of A. D.
Our file No.: 168524
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID # 5 5140
LC )
R )
Defendant. )
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 08-5235
Civil Action
STIPULATION IN LIEU OF JUDGMENT
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been agreed upon:
It is on September 29, 2008, STIPULATED by and between Plaintiff, LVNV
FUNDING, LLC, and Defendant, EVELYN M GABBER, parties as follows:
1. Defendant agrees to pay the sum of $4,265.69, which sum Plaintiff agrees
to accept in full settlement of its claim herein, inclusive of counsel fees and court costs.
2. The sum aforesaid shall be paid by Defendant, EVELYN M GABBER, to
the attorneys for Plaintiff in the following manner:
a. $50.00 to be paid on or before the 15th day of each month, beginning
October 15, 2008 until paid in full.
All checks are to made payable to LVNV FUNDING, LLC, and sent to:
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
3. In the event Defendant, EVELYN M GABBER fails to pay in accordance
with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify
Defendant's attorneys in writing of Defendant, EVELYN M GARBER's default.
LVNV FUNDING, L
VS.
EVELYN M GARBE
The name of Defendant's attorney and address that notice will be sent is:
WION, ZULLI & SIEBERT
Francis Zulli, Esquire
109 Locust Street
Harrisburg, PA 17101
4. If the default is not cured within 15 days after receipt of written notice to
the Defendant's attorneys, then Plaintiff has the right to obtain entry of Judgment against
Defendant, EVELYN M GARBER, ex parte, in the sum of $4,265.69, giving Defendant,
EVELYN M GARBER, credit for any sums actually paid pursuant to the terms of this
Stipulation.
We hereby consent to the form and entry of the within Stipulation.
APOTHAKER & ASSOCIATES
Attorneys fo laintiff
A Law Firm Engage in D t Collection
F. ?tian, Esquire
WION, ZULLI & SIEBERT
Francis Zulli, Esquire
Attorneys for Defendant
By:
Zulli,
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Our File No.: 168524
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
VS.
Plaintiff
FILED-OFFICE
OF THE PROTHONOTARY
2610 NOV 22 PM 4: 19
CUMBERLAND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-5235
EVELYN M GARBER
Defendant
Civil Action
PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION
TO THE PROTHONOTARY:
Please enter a judgment in favor of plaintiff, LVNV FUNDING, LLC, and against
Defendant, EVELYN M GARBER, for failure to comply with the terms and conditions of the
Stipulation in Lieu of Judgment (Stipulation), filed with this Court on February 20, 2009, a copy
of which is attached hereto as Exhibit "A".
Assess damages in the amount of:
Balance:
Less: Payments:
Plus: Interest from February 20, 2009
TOTAL
Dated: November 12, 2010
David J. Apothaker, Esq.
Attorney for Plaintiff
$ 4,265.69
( 390.41)
.00
3,875.28
- 0??F
Our File No.: 168524
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
COURT OF COMMON PLEAS OF
LVNV FUNDING, LLC ) CUMBERLAND COUNTY
Plaintiff )
vs. ) NO.: 08-5235
EVELYN M GARBER ) Civil Action
Defendant )
David J. Apothaker, Esquire, certifies as follows:
1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys
for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of
the facts herein.
2. The matter was settled by and between the parties by Stipulation in Lieu of
Judgment (Stipulation), on February 20, 2009, a copy of the Stipulation is attached hereto and
marked as Exhibit "A".
3. Defendant breached this agreement by failing to make payments in accordance
with the terms of said Stipulation.
4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of
Judgment in the amount of $4,265.69, giving the Defendant credit for payments made totaling
$390.41, for a total of $3,875.28.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the pe9df*s of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
David Apothaker, Esq.
Attornev r Plaintiff
Dated: November 12, 2010
Our File No.: 168524
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. )
EVELYN M GARBER )
Defendant )
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-5235
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 208
SENATE AVE # 307 CAMP HILL, PA 17011.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 22209-259 if the Defendant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the DefePseanpow Data Center has sent back
our inquiry indicated that the Defendant(s) is/are not i the/milit
David J. Apothaker, Esq.
Attorney for Plaintiff
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
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Our file No.: 168524
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID # 5 5140
LVN V FUNDING, LLC
Plaintiff,
VS.
EVELYN M GARBER
„-a
rep
c:y
COURT OF COMMON PLI`AS
CUMBERLAND COUNTY
DOCKET NO.: 08-5235
Civil Action
} STIPULATION IN LIEU OF JUDGMENT
Defendant. }
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been agreed upon:
It is on September 29, 2008, STIPULATED by and between Plaintiff, LVNV
FUNDING, LLC, and Defendant, EVELYN M GARBER, parties as follows:
1. Defendant agrees to pay the sum of $4,265.69, which sum Plaintiff agrees
to accept in full settlement of its claim herein, inclusive of counsel fees and court costs.
2. The sum aforesaid shall be paid by Defendant, EVELYN M GARBER, to
the attorneys for Plaintiff in the following manner:
a. $50.00 to be paid on or before the 15a' day of each month, beginning
October 15, 2008 until paid in full.
All checks are to made payable to LVNV FUNDING, LLC, and sent to.,
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
3. In the event Defendant, EVELYN M GARBER fails to pay in accordance
with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify
Defendant's attorneys in writing of Defendant, EVELYN M GARBER's default.
The name of Defendant's attorney and address that notice will be sent is:
.
WION, ZULLI & SIEBERT
Francis Zulli, Esquire
109 Locust Street
Harrisburg, PA 17101
4. If the default is not cured within 15 days after receipt of written notice to
the Defendant's attorneys, then Plaintiff has the right to obtain entry of Judgment against
Defendant, EVELYN M GARBER, ex parte, in the sum of $4,265.69, giving Defendant,
EVELYN M GARBER, credit for any sums actually paid pursuant to the terms of this
Stipulation.
We hereby consent to the form and entry of the within Stipulation.
APOTHAKER & ASSOCIATES
Attorneys for laintiff -
A Law Firm Engage in Collection
6 y: 4-V\1 ---1
:?'Xberl F. ian Esquire
WION, ZULLI & SIEBERT
Francis Zulli, Esquire
Attorneys for Defendant
By:
rands Zu11i, s uire
Our File No.: 168524
LVNV FUNDING, LLC 29 IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
vs. P E
EVELYN M GARBER NO.: 08-5235
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue a Writ of Execution in the above matter,
(1) directed to the Sheriff of CUMBERLAND County;
(2) against EVELYN M GARBER, defendant(s); and
(3) against BELCO COMMUNITY CREDIT UNION 3500 TRINDLE RD CAMP HILL, PA 17011,
Gamishee(s);
(4) and index this writ in the judgment index
(a) against EVELYN M GABBER,defendant(s), and
(b) against BELCO COMMUNITY CREDIT UNION 3500 TRINDLE RD CAMP HILL,PA 17011,
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
firm accounts stocks cd's insurance safety deposit boxes, etc.
(5) Amount Due $3875.28
Interest from November 22, 2010 $657.42
Minus Payments made -$
Plus Costs $193.00
Total $4725.70
G
a 04 �tgsa � David J. Apoth er. Esquire
Attorney r Plaint�f(s)
� w
rl . ' �
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 2008-5235 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LVNV FUNDING,LLC Plaintiff(s)
From EVELYN M.GARBER,208 SENATE AVENUE#307,CAMP HILL,PA 17011
(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 GARNISHEES)as follows:
BELCO COMMUNITY CREDIT UNION,3500 TRINDLE ROAD,CAMP HILL,PA 17011 -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$3,875.28 Plaintiff Paid$
Interest FROM NOVEMBER 22,2010-$657.42
Attorney's Comm. % Law Library$.50
Attorney Paid$:16N.Sb Due Prothonotary$2.25
Other Costs$193.00
Date: 10/29/2013 r
David D. Buell, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name : DAVID J APOTHAKER,ESQUIRE
Address: APOTHAKER& ASSOCIATES,P.C.
520 FELLOWSHIP ROAD C306
MT.LAUREL,NJ 08054
Attorney for: PLAINTIFF
Telephone: 1-800-672-0215
Supreme Court ID No.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ,
Sheriff
FEEL. iPR0TH0K it=,r{`i
��,k4x��of�:aAarai�rr�;rFr�
Jody S Smith 21,13 Nov _g AM 8: 4 7
Chief Deputy v
Richard W Stewart .g" CUMBERLAND COUNT {`
Solicitor �,�r.. .'rT�,E S4ERIF- PENNSYLVANIA
LVNV Funding LLC
vs. Case Number
Evelyn M Garber 2008-5235
SHERIFF'S RETURN OF SERVICE
11/04/2013 02:35 PM -William Cline, Deputy,who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control
of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road, Camp Hill Borough,
Camp Hill, PA 17011, Cumberland County, by handing to Tammy Deitet,Assistant Manager, personally
three copies of interrogatories together with three true and attested copies of the Writ of Execution and
made the contents there of known to her.
The writ of execution and notice to defendant was mailed on November 6, 2013 o Evelyn M. Garber, 208
Senate Avenue,Apt. 307, Camp Hill, PA 17011. p
rz_
I M CLINE, DEPUTY
SO ANSWERS,
K�z X. zw�/ �
November 05, 2013 RbNW R ANDERSON, SHERIFF
(�!CiGU^iySuG ifviit`;'£�cGSGft.I. ,.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE OF THE $HERIFF
-r;L- PROTHa.
JUN 16 FM 2: 3
CUMBERLAND COUNTY
PENNSYLVANIA
LVNV Funding LLC
vs. Case Number
Evelyn M Garber 2008-5235
SHERIFF'S RETURN OF SERVICE
11/04/2013 02:35 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein
commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands,
possession, or control of the within named garnishee, Belco Community Credit Union, 3500 Trindle Road,
Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Tammy Deitet, Assistant
Manager, personally three copies of interrogatories together with three true and attested copies of the
Writ of Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on November 6, 2013 to Evelyn M. Garber, 208
Senate Avenue, Apt. 307, Camp Hill, PA 17011.
06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $99.63 SO ANSWERS,
June 13, 2014
(c) CountySuite Sheriff, Toleosc', inn.
RONZ ANDERSON, SHERIFF
9o�