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Home My WebLink About08-7428A Our File No.: 190292 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. TAMI FOUST 3605 FRANKLIN AVE MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. OS ^ 7y2f3 0 (. C-? 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 y Our File No.: 190292 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. TAMI FOUST 3605 FRANKLIN AVE MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF ?yJ-t &Z-0 "r"4- 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 TAMI FOUST, an adult individual residing at 3605 FRANKLIN AVE MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5049948001544875; 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 $1,850.31. 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 $1,850.31 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS IATES, P.C. Attorney fo P aintiff A Law Firm Enga-g ' Debt Collection BY: David J. A?46ker, Esquire Dated: 12/10/2008 Our File No.: 190292 w 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 relatin6unworn falsification to authorities. David J. Apotaker, Esquire Attorney for Plaintiff DATE: 12/10/2008 LVNV FUNDING LLC TAMI FOUST 3605 FRANKLIN AVE MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: Account Number: TAMI FOUST 5049948001544875 Original Creditor: Balance Due: Our File No.: 190292 SEARS $1,850.31 EXHIBIT "A" p OD oa c G _? O V V C) r4v? CIJ rte; ? ? tv t M I to, SHERIFF'S RETURN - REGULAR CASE NO: 2008-07428 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS FOUST TAMI 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 UnTTOM T'TMT the DEFENDANT , at 1006:00 HOURS, on the 3rd day of January , 2009 at 3605 FRANKLIN AVE MECHANICSBURG, PA 17050 by handing to RICHARD FOUST, HUSBAND 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 11.70 Affidavit .00 Surcharge 10.00 .00 39.70 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/05/2009 APOTHAKE By. A. D. i_i ra _ c?-7 . ? '=??? `? 3 ? -Wi ? ? . ?(?+_ ? t ? ? ? ; i C,v _ ... _.?. ? ? : i '?3 ?. : r.?, "4 +rJ ?..,..+ . .J Our File No.: 190292 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 LVNV FUNDING LLC } COURT OF COMMON PLEAS OF Plaintiff, ) CUMBERLAND COUNTY vs. ) NO.: 08-7428 TAMI FOUST ) Defendant. ) Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, TAMI FOUST, in the default of an Answer, in the amount of $2,031.97 computed as follows: Amount claimed in complaint: $ 1,850.31 Less: Amount Paid: ( 0.00) Plus: Interest from December 10, 2008 to August 12, 2009 at the legal interest rate of 6.00% per annum 63.46 Attorney fees 0.00 TOTAL $ 2,031.97 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, TAMI FOUST, last known address is 3605 FRANKLIN AVE MECHANICSBURG, PA 17050. APOTHAKER & A OC TES, P.C. Attorneys f r PI tiff A Law Firm Engag in D bt Colle 01 By: David J. Ano aker Dated: August 12, 2009 s 4 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: TAMI FOUST 3605 FRANKLIN AVE MECHANICSBURG, PA 17050 LVNV FUNDING LLC Plaintiff, vs. TAMI FOUST Defendant. i COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY NO.: 08-7428 i 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 Our File Nb.: 190292 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. TAMI FOUST Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7428 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 3605 FRANKLIN AVE MECHANICSBURG, PA 17050. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if tv Mary M. Snavely-Dixon, Director of the De indicated that the Defendant(s) is/are not in the mili David J. )Vothaker Attorney for Plaintiff r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Data 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 unswom falsification to authorities. AP'OT'HAKE'R & ASSOCIATES, P.C. ATTORNEYS AT LAW Department ofDefense Manpower Data Center ACG-12-2009 08:35-.26 40 Mkary Status Report Pursuant to the Ser<ic cme mbexs Civil Refief'Act K Last Fmt/?ITxldie B Name° Date Active Duty Stotts SercicaJA;etcp F O S T TA_\ TI B as e d on the formation you have famished, the D_`vtDG doe s not possess any information indicating that the individual is currently can active duty. Upon scardmng the information data banks of the Department of Defense Manpower Data Center. based on the information that you provided, the above is the current status o the dal as to all branches oaf the M % nb? 14 jv4a fit- ..44M. Mary Vii. Snavely-Dixon, Director Department of Defense Manpower Data Ceder 1600 Wison Blvd, Suite 400 Arlia toa_ VA 22209-2593 The Defense Manpower Data Center (IL?MDC) is an or " ` of the Dqmttuent of Ddme that maintains the Defense Enrollment and Ehvbl* Reporting System (DEERS) database which is the dficW source of data on care and other elig'ty systems. i"ty for military mural The Department of De f nse strongly supports the a dorcement of the Seyrsicemembers Civil Relief'Act [50 USCS Apex. 501 et seg] (SCRA) (formerly the Soldiers' and Sai ors' Civi ReliefAct of 1940). D_MDC has issued hundreds of thousands of `does not possess any iitrfotmatim indicating that the irdi%idual is currently on active derty' responses: and has iced a small error rate. In the event the individual referenced above, or any family member. fiiend, or representative asserts in any manner that the indh idual is on active dirty, or is o6mvise enstided to the protections of the SCRA, ou are strx=eri6catio? of the y ongty encouraged to obtain fia#her persons active duty status by contacting that persons Military Service via the 'defense .ri" URL provided below- If you have ice the person is on active-duty and you fart to obtain this additional ' Service verticatim- provisions of the S CRA may be invoked against you. If you obtain further information about the person ( e.g., an SST, improved accuracy of DOB, a middle none), you can submit your request again at this Web site and we Ail provide a new certificate for that query- This response reacts current active duty status only. For historical iufi n, phase contact the Military Service SCRA points- of-contact. .See. httrr_8As__ m-y- dw .u-t- err--!0k C09 LDR hmd NN'AXNII`v*G. 'I'hrs certi6cate was provided based on a name and Social Security number (SSs Providing an erroneous name or SSN s cause:: an erroneous certificate to be provided. provided by the requester. PeportID.BYNTX07FAIJ?W 190292 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) TAMI FOUST ) NO. 08-7428 To: TAMI FOUST 3605 FRANKLIN AVE MECHANICSBURG, PA 17050 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: February 03, 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 BAR DAVID . POTHAKER, 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 438423 SHERIFF'S RETURN - REGULAR 5 CASE'-YO- 2008-07n??tP COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC 4 ;T VS t FOUST TAMI 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 FOUST TAMI the DEFENDANT at 1006:00 HOURS, on the 3rd day of January , 2005 at 3 6 0 5 FRANKLIN AVE MECHANICSBURG, PA 17050 by handing to RICHARD FOUST, HUSBAND 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 11.70 .00 10.00 .00 35.70 day So Answers: ` R. Thomas Kline 01/05/2009 APOTHAKE By- A. OF Twc" P"t?1??TAF?Y 2009 AUG 19 PM 3: 59 ?RVI,V?F i t.. TJ F 4 a Z, c/ 4c ua 6,t / Y6 S? 2 yp?. -Z-29y,