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Home My WebLink About08-7247Our` File No.: 189855 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. CHARLOTTE GETTLE 139 CENTERVILLE ROAD NEWVILLE, PA 17241-9537 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0s - Iag7 NOTICE & y I t Tex it., 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 Our File No.: 189855 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. CHARLOTTE GETTLE 139 CENTERVILLE ROAD NEWVILLE, PA 17241-9537 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OP- 72V7 04,?j r-.?, CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are CHARLOTTE GETTLE, an adult individual residing at 139 CENTERVILLE ROAD NEWVILLE, PA 17241-9537. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5049948131538003; 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 $1,589.29. 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 $1,589.29 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & /M=? O IATES, P.C. Attorney 'ff A Law Firm Enaa Collectioi BY: David J. Apd?haker, Esquire Dated: 12/3/2008 Our File No.: 189855 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 _ made subject to the penalties of 18 Pa.C.S.A. 4904 nderstands that the statements therein are Isification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 12/3/2008 LVNV FUNDING LLC CHARLOTTE GETTLE 139 CENTERVILLE ROAD NEWVILLE, PA 17241-9537 STATEMENT OF ACCOUNT Debtor's Name: CHARLOTTE GETTLE Account Number: 5049948131538003 Original Creditor: SEARS Balance Due: $1,589.29 Our File No.: 189855 EXHIBIT "A" ? C?? SLR V `"J SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07247 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS GETTLE CHARLOTTE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GETTLE CHARLOTTE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , GETTLE CHARLOTTE 139 CENTERVILLE ROAD NOT FOUND , as to NEWVILLE, PA 17241-9537 THERE IS NO SUCH ADDRESS IN CUMBERLAND COUNTY. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found So answ 18.00 9.90 .00 . Th m Kline 10.00 Sheriff of Cum er-lahd County 5.00 42.90 APOTHAKER & ASSOCIATES 12/23/2008 Sworn and Subscribed to before me this day of A. D. Our File No.: 189855 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY CHARLOTTE GETTLE Defendant. NO.: 08-7247 PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKER & ASSO ES, P.C. Attorney forn ain ff A Law Firm Engaged D t Collec BY: David J. Apothaker, Esquire Dated: 1/12/2009 ?.. (, O Q ?.?" (?? '`? "".? ?. ?', ?' ? ? -? ' ? ? ?? µs? ,, t ... } 1 i "? ? . »; . .?! °'?" 1'".'i - ?;;?. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS GETTLE CHARLOTTE RONALD E. HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon GETTLE CHARLOTTE the DEFENDANT at 0016:45 HOURS, on the 5th day of February-, 2009 at 139 CONODOGUINET MOBILE EST NEWVILLE, PA 17241-9489 CHARLOTTE GETTLE a true and attested copy of NOTICE REINSTATED COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.90 .00 10.00 R. Thomas Kline .00 37.90 02/06/2009 APOTHAKER & ASSOCIATES By: day Deputy Sheriff , A.D. by handing to J:L ' rn Our file No.: 189855 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 LVNV FUNDING LLC Plaintiff, vs. CHARLOTTE GETTLE Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-7247 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 February 09, 2009, STIPULATED by an n Plaintiff, LVNV FUNDING LLC, and Defendant, CHARLOTTE GETTLE parties as efollows: 1 Defendant agrees to pay the sum of $1,835.10, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $1,835.10 shall be aid b CHARLOTTE GETTLE, to the attorneys for Plaintiff in the ollowin me by Defendant, g anner: a. $611.70 to be paid on or before February 27, 2009, March 31, 2009, and April 30, 2009. 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 fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the Judgment against Defendant entry parte, in the sum of $1,835.10, giving Defendant ce of di for any sums actually paid pursuant to the terms of this Stipulation. t It '_. ` 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to CHARLOTTE GETTLE by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged4n Iollectioi .y V. Scian, Esquire u FFP' 3 2('(39 By () 61?? )k "a H TTE GE *E r? c7=1 ZT7 ro E Our File No.: 189855 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. CHARLOTTE GETTLE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7247 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, CHARLOTTE GETTLE, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on 03/03/2009, a copy of which is attached hereto as Exhibit «A„ Assess damages in the amount of: (a) Balance: $ 1,835.10 (b) Payments: $ (1,023.40) (b) Interest from 03/03/2009 $ 18.98 TOTAL $ 830.68 APOTHAKER & OCIATES, P.C. Attorney fo Plainti A Law Firm Eng ed in De Collection By: David J. Apothaker Dated: 6/11/2009 Our File No.: 189855 ' 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. CHARLOTTE GETTLE Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7247 CERTIFICATION 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 03/03/2009, 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 $1,835.10, giving the Defendant credit for payments made totaling $1,023.40, plus interest in the amount of $18.98 , for a total of $830.68. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. APOTHAKER & ASOCIATES, P.C. A Law Firm Enaleed in Debt L", By: David J. Apothaker Our File No.: 189855 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. CHARLOTTE GETTLE Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7247 . 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 139 CONODOGUINET MOBILE EST NEWVILLE, PA 17241-9489. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Di indicated that the Defendant(s) is/are not in the mili Data Center has sent back our inquiry David J Apothaker Attorney for Plaintiff 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. A]POTHAKER&ASSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense Manpower Data Center JU-N-11-2009 11:03.38 Military Status Report Pursuant to the Servicemembers Civil Relief Act Itst F"cr°sV'Nliiddte Begin Date Active Duty Status Sen-icelAgency Name e GETTLE CHARLOTTE Based on the information you have f xmished, the D.IvfDC does not possess any information indicating that the individual is cuirently on active duty. Upon searching the idormation data banks of the Department of Defense Manpower Data Center, based can the information that you provided, the above is the current status of the individual as to all branches of the ilitm-y. M. %A J^4- Mary M. Snavely-Dixon, Director Department of Defense Manpower Data Center 1600 Wilson Blvd, Suite 400 Arlington, VA 22209-2593 The Defense Manger;rev Data Center (DMDC) is an organization of the Department ofD+ e that maintains the Defense Enrollment and Eligibility Reposing System (DEERS) database which is the official source of data on eligibility for military medal care and other e)igiblity systems. The Department of Defense strongly supports the enforcement of the Servicemtmbers Civil Relief Act [;Q USCS Appx_ § 501 et seq] (SCRA) (formerly the Soldiers' and Sailors Cnil? Relief Act of 1940)_ D_MDC has issued hundreds of dxmands; of "does not possess any information indicating that the individual is curreadly on active duty" responses, and has eg5erienced a small error rate- In the rseaat the individual referenced above, or any fainkv member,_ friend- or representative asserts in any per that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain figther verification of the person's active duty status by contacting that person *s Military Service via the "def ehnk.=T U RL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service vtrification, provisions of the SCRA may be im=oked against you. If you obtain further information about the person ( e.g., an SSN, imparotied accuracy of DOB, a middle name), you can submit your request again at this W, Deb site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the vElitary Service SERA points- of-contact. See. http: '« ;,.,NN,-defensefinkma faoft s=PC09SLDR.1 ANTAR t`IItiG.- This certificate was provided based can a name and Social Security number (SSA) provided by the requester. Providing an erroneous name or SSN v`,l cause an erroneous certificate to be provide& Itep0rt M B 4'Ti':V rR L3B.5 215 634.25920 215 634.8421t Our file No.: 189855 APOTHAKER & ASSOCIATES, P.C 520 Fellowship Road 0306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney I.D# 55140 LVNV FUNDING LLC Plaintiff, vs. CHARLOTTE GETTLE Defendant. } COURT OF COMMON PLEAS } CUMBERLAND COUNTY } DOCKET NO.: 08-7:247 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 February 09, 2009, STIPULATED by and between Plaintiff, LVNV FUNDING LLC, and Defendant, CHARLOTTE GETTLE parties as follows: 1. Defendant agrees to pay the sum of $1,835.1.0, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees. and court costs. 2. The sum aforesaid of $1,835.10 shall be paid by the by Defendant, CHARLOTTE GETTLE, to the attorneys for Plaintiff in the following manner: a. $611.70 to be paid on or before February 27, 2009, March 31, 2009, and April 30, 2009. All checks are to made payable to LVNV FUNDING LI.C, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $1,835.1.0, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. . t??F'56> 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ez parse application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to CHARLOTTE GETTLE by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engage in ebt-Collection K' bey . Scia;i, Esquire r? HA OTTE GE LE o 1= T ' C._i t I?.oo Po ATW C,O13$1515 P-T* aa7 ,LDQ oc?tL W" ' a OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: CHARLOTTE GETTLE 139 CONODOGUINET MOBILE EST NEWVILLE, PA 17241-9489 LVNV FUNDING LLC Plaintiff, VS. CHARLOTTE GETTLE Defendant. COURT OF COMMON PLEAS OF 1 CUMBERLAND COUNTY NO.: 08-7247 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. IQ JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF_ JUDGMENT JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc at this telephone number: 215-634-8920