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Home My WebLink About08-7168W -C Our File No.: 189807 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney'y I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY ALBERT H MUTH 1506 TERRACE AVE CARLISLE, PA 17013-9369 Defendant. NOTICE You have been sued in court. If you wish t 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 obje tions 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 IN OR NO FEEFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 « Ar Our File No.: 189807 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. ALBERT H MUTH 1506 TERRACE AVE CARLISLE, PA 17013-9369 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: $ - 7 J L ?.un.Q e, Defendant. ) 1 I) CIVIL ACTION COMPLAINT FIRST COUNT Plaintiff is LVNV FUNDIN LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are ALBERT H MUTH, an adult individual residing at 1506 TERRACE AVE CARLISLE, PA 17013-9369. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #4961347889; and said account was issued to Defendant(s) by CITIBANK, the Original creditor. 4. Defendant received, accepted 5. This account is in default and copy of the total due and owing is attached 6. All credits, if any, to which included in Exhibit "A". 7. Although demand has been used the account to its benefit. ) has an unpaid balance of $2,108.49. A true and correct made a part hereof and marked as Exhibit "A". ) is entitled, have been applied to the account and are Defendant(s) has failed to make payment of the amount due as above. - 40 . WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,108.49 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & rin C TES, P.C. Attorney 'tiff A Law Firm Engagebt Collection I BY: id J. Apotkaker, Esquire Dated: 12/1/2008 Our File No.: 189807 David J. Apothaker Esquire hereby states take this Verification, and that the VERIFICATION I am counsel for plaintiff in this action, and that I am authorized to made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, an? belief. The made subject to the penalties of 18 understands that the statements therein are falsification to authorities. fid J. Apotl aker, Esquire Attorney for Plaintiff DATE: 12/1/2008 LVNV FUNDING LLC ALBERT H MUTH 1506 TERRACE AVE CARLISLE, PA 17013-9369 STATEMENT OF ACCOUNT Debtor's Name: ALBERT H Account Number: 4961347889 Original Creditor: CITIBANK Balance Due: $2,108.49 Our File No.: 189807 EXHIBIT "A" N OD v .: Dt/ 7r 1,; SHERIFF'S RETURN - REGULAR CASE NO: 2008-07168 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS MUTH ALBERT H KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MTTTH ALBERT H the DEFENDANT , at 1728:00 HOURS, on the 16th day of December-, 2008 at 1506 TERRACE AVENUE CARLISLE, PA 17013-9369 by handing to DROP SERVED a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT LOCKED HIMSELF IN BEDROOM. SO DEPUTY PUT PAPER ON FLOOR OUTSIDE DOOR, IN PRESENCE OF HOMEOWNER. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.50 s?'? ?r,??.•?.Ff Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 12f2q1D,P 32.50 12/18/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By. day A. D. t N Our File No.: 189807 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. ALBERT H MUTH Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7168 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, ALBERT H MUTH, in the default of an Answer, in the amount of $2,294.28 computed as follows: Amount claimed in complaint: $ 2,108.49 Less: Amount Paid: ( 0.00) Plus: Interest from December 1, 2008 to August 12, 2009 at the legal 74.79 interest rate of 6.00% per annum Attorney fees 0.00 TOTAL $ 2,294.28 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, ALBERT H MUTH, last known address is 1506 TERRACE AVE CARLISLE, PA 17013- 9369 APOTHAKER ASS CIATES, P.C. Attorne for laintiff A Law Firm EnMa ed i Debt C,4flectioj By: David J. Apothaker Dated: August 12, 2009 . Our File No.: 189807 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.: 08-7168 ALBERT H MUTH 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 1506 TERRACE AVE CARLISLE, PA 17013-9369. We inquired with the web site of the Deft Boulevard, Suite 400, Arlington, VA 22209-2593, if Mary M. Snavely-Dixon, Director of the E indicated that the Defendant(s) is/are not in the mi 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. APOTHAKER&AsSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense.Manpowrer Data Center AUG-12-2009 0833:36 Mary Status Report Purstmat to the San icemembcrs Civil Reliel°` Act < Last Fmi tWiddle Begin Date Active Duty Stag Service/Agency Name W'IH ; ALBERT H !Based on the infb mat on you hasne furnished, the D"\,IDC does not possess any information kd ca#vgg that the tai is currently on active dusty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current staittrs of the fah as to alt branches of the Nfiltary=. )Ut IA. ?Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson BMi_ Sine 400 Arlington, VA 22209-2593 The Defense Manpower Data Cuter (DMDC) is an orb of'th the Dew of Defense that ittaintains the Defense Enrollment and Elg y Reporting System (DEERS) database Which is the official source of data on eh 'bii ty for mifitary me&cal care and other di ty systeams.. The Department of Defense strongly s% is the enlforcement of the Sersiceennesrmbers Civi Relief Act [50 USCS Appx- §§ 501 et seq] (SCRA) (formerly the Sdders' and Sailors' Civil Relief Act of 1940)_ DMDC has issued hmdreds of ands of -does not possess any information ' ` that the k&idiW is eurrerntfy on active duty' responses, and has experienced a small error rate.. In the es ent the indir?al referenced abou?e, or any family member, fiiend or representafive asserts in any manner that the individual is on active d ty, or is otherwise entitled to the protections of the SCRA, you are strongly encottraged to obtain fNther veriicahm of the person's attune dusty status by contacting that person's Nli fitary Service via the 'defenselirnlc " URL provicled below If you hasv midence the per son on active-duty and you fiA to obtak this additional Mitary Service verification., provisions of the SCR.A may be invoked against you. If you obtain fiarther won about the person ( e.g,, an SS N. improved accuracy of DOB, a middle name), you can submit your request again at this VVeb site and we will pro% e a new certi€cate for that dray. TIz ' response reflects current active duty status only. For historical it tion, please contact the Military Service SCRA points- of-contact. See; Z,.vas-. efenselmk.mg. -' `se £}9SLDR.html W ARNING- This certificate was provided based on a name and Social Security number (SS groves by the requester. Prmid g an erroneous name or SS14 ss?l cause an erroneous certificate to be provided. Rsporr M tiPAASKERGOM N89807 OFFICE OF THY, PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY i LVNV FUNDING LLC ) vs. ) ALBERT H MUTH ) To: ALBERT H MUTH 1506 TERRACE AVE CARLISLE, PA 17013-9369 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-7168 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: January 19, 2009 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 W DAV 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 BAR SHERIFF'S RETURN - REGULAR CASE NO: 2006-07168 P I It", U COMMON14EALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC YS MUTH ALBERT H L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MT"W AT07PT T4 the DEFENDANT , at 1728:00 HOURS, on the 16th day of December_, 2008 at 1506 TERRACE, AVENUE CARLISLE, PA 17012-9369 _ by handing to DROP SERVED a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional. Comments DEFENDANT LOCKED HIMSELF IN BEDROOM. SO DEPUTY PUT PAPER ON FLOOR OUTSIDE DOOR, IN PRESENCE OF HOMEOWNER. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 4.50 .00 10.00 .00 32.50 day So Answers: R. Thomas Kline 12/18/2006 P_POTHAKER & ASSOCIATES By: .01 "? Is 10-P I A. D. nLEi7-.) 3CF 4F THE P"v 1 '?`?1t?TARY 2009 AUG 20 AM 0: 06 ( 1P fAK OpA *(4.oo Po A-MY c of (4-65(oq M# aa4 4&9 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ALBERT H MUTH 1506 TERRACE AVE CARLISLE, PA 17013-9369 LVNV FUNDING LLC Plaintiff, VS. ALBERT H MUTH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7168 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 ARBITRATOR 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 8/,20/09