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Home My WebLink About09-0629t Our File No.: 185750 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. BETTY J HEFFELBOWER 10 W WINDING HILL RD MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - (0a9 0'ivil (erh 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 Our File No.: 185750 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. BETTY J HEFFELBOWER 10 W WINDING HILL RD MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 g- 6 ? 9 T"- 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 BETTY J HEFFELBOWER, an adult individual residing at 10 W WINDING HILL RD MECHANICSBURG, PA 17055. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #6035320103284343; and said account was issued to Defendant(s) by HOME DEPOT, 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 $3,000.81. 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. L WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,000.81 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASS IATES, P.C. Attorney for ntiff YI4 A Law Firm Enaaaed Debt Colley BY: David J. ApotWer, Esquire Dated: 1/28/2009 Our File No.: 185750 V .- 1 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 made subject to the penalties of 18 Pa.C.S.A. 4904 understands that the statements therein are unworn falsification to authorities. David J Attorney for Esquire DATE: 1/28/2009 Current Owner: LVNV Funding LLC Original Creditor: Home Depot Previous Owner: Citibank Statement Closing Date: 9/12/2008 12:00:00 AM LVNV Purchase Date: 04/29/2008 Account Origination Date: 03/29/2000 Betty Heffelbower ***-**-3570 10 W WINDING HILL RD MECHANICSBURG, PA 17055 Account number 6035320103284343 Owing Collected Balance Principal $ 2,629.51 $ - $ 2,629.51 Interest $ - $ - $ - Atty Fee $ - $ - $ - Misc Cost $ - $ - $ - New Balance $ 2,629.51 $ - $ 2,629.51 TRANSACTIONS Transaction Date Description Amount This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. oe C3 ? = ' ` ? r t 4 N SHERIFF'S RETURN - REGULAR CASE NO: 2009-00629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS HEFFELBOWER BETTY J KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon UV VVT.MnGTWV 1:1PTTV .7 the DEFENDANT , at 0018:09 HOURS, on the 9th day of February-, 2009 at 10 W WINDING HILL ROAD MECHANICSBURG, PA 17055 by handing to BETTY HEFFELBOWER DEFENDANT 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 Sworn and Subscibed to before me this of So Answers: 18.00 9.90 .00 10.00 Thomas Kline .00 37.90 02/11/2009 APOTHAKER & ASSOCIATES By: 4? day epu y 19 h A. D. r-3 r ,Our Fib No.: 185750 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.: 09-629 BETTY J HEFFELBOWER ) Defendant. ) Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, BETTY J HEFFELBOWER, in the default of an Answer, in the amount of $3,028.04 computed as follows: Amount claimed in complaint: $3,000.81 Amount Paid: - $(0.00) Interest from January 28, 2009 to 04/01/09 at the legal interest rate of 6.000 per annum $27.23 Costs $0.00 Attorney fees $0.00 TOTAL $3,028.04 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, BETTY J HEFFELBOWER, last know address is 10 W WINDING HILL RD MECHANICSBURG, PA 17055. Dated: 4/1/2009 APOTHAKER A Law Firm By: ASSOCIATES, P.C. for Plaintiff ed K'Debt Collection Apothaker l ,Our FJle No.: 185750 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. BETTY J HEFFELBOWER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-629 Civil Action Defendant. AFFIDAVIT OF NON-AHLITARY 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 10 W WINDING HILL RD MECHANICSBURG, PA 17055. We inquired with the web site of the Boulevard, Suite 400, Arlington, VA 22209-25 Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the David J. Apothaker Attorney for Plaintiff Data Center, located at 1600 Wilson c) 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 unsworn falsification to authorities. Department of Die Manpower Data Center APR-01-2049 07:18 0 Mffihry SAC Report Pursuant to the Sys Qvi FAef'Act HEFFELrBOWM ! BEVY Based oar The tic a you beve JemiAe4 the DIvIDC does act possess any farmation 1 kdeafig that the kdvidmrt is c we* on active duty. Upon searc ing the iofcrauino date bolos of the Dep a mraot of Ddense Manpower Data Cafes, based an the information dw t you ProvidedL the above is the coon eat stator of the io fivi&W as to at branches of the Mltery. AUYAL -L..J.- Mary X Sam*-Dhm Director Department of IDekose - Manpower Data Center 1600 Wbon 13MI. Sake 400 Arkoos, VA 22209-2593 The Defiense Meopower Data C der QDhM ) is an ocS i lion,ofthe Deparbeed of Defense that avitsies the Defimse, Euratinocat and EFO&y Rcpod W Sy*= ONERS) ease which is the vff= t scarce of drta on dgW for soltary mcSad core and other a iSW systems. The Department ofD a stran* supports dw enfimusaw of the Se vic as + RdEfAct 130 USCS Apgar. §4 501 et w#l (Ste) (fionaly the :ors' and salo& ?it RddAct 41940) _ DMDC has sued b o .twig off ands of "mss newt possess any ` dW the i dad is eaor early cc active fluty" r+eqxxnm and has ezpedewed a smatowt rate: In the went fire is&M rl rfereaced ahave, or my fimiy member. liesd, at repiresestodae asserts i? airy manner do tote incfvl& d is an active duly; at is ollm enl Med to time protections of the SC A. you are steon* a ncoarapd to +A taio fur-1 vaarfication ofthe person's atom duty status by contacting dart powers 1lfiiErny Ser"ce v a the "Meoseti kor URI, provided below. If you have evidence the person is are active-duty and you far to obtae this addfiond Afflary Service ve n, provisions of the SCRA maybe *wdkeda t you- If you obtain fizdw kdornaation about fire person ( e-&. an SSN, kWmved achy of DOB, a midc8e name), your can. submit Yaw rcrpest agrin at this Web silte`and we a?81provide a new cartNicate, for drrt gaexy. Thy regxmse rd kft cam active duty sI I a* For Ustor>o iolormstion, please cadet the Mtkery Service SCRA poiats- of-cord.. Sec httplhWVM -A P - PPCfl45LDR.htrd WARNING' llis ced a was provided based an a same and Sociol Security amber ('SSN) provided by the requesw Pffmift an erroneous or SSN wil case as erroneous certificate to be provi ect Jt M. £?A 185750 LVNV FUNDING, LLC VS. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY BETTY J HEFFELBOWER To: BETTY J HEFFELBOWER 10 W WINDING HILL RD MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-629 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: March 02, 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 D 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: 2009-00629 P COMMONWEALTH OF PENNSYLVANIA: rFE8 COUNTY OF CUMBERLAND (lb T Ll LVNV FUNDING LLC og VS HEFFELBOWER BETTY J KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE -,,was served upon HEFFELBOWER BETTY J the DEFENDANT at 0018:09 HOURS, on the 9th day of February 2009 at 10 W WINDING HILL ROAD MECHANICSBURG, PA 17055 by handing to BETTY HEFFELBOWER DEFENDANT 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 18.00 Service 9.90 Affidavit .00 Surcharge 10.00 .00 37.90 Sworn and Subscibed to before me this day of , So Answers: Thomas Kline, 02/11/2009 APOTHAKER & ASSOCIATES By: pi if y h A.D. FILED- Drr IICE OF THE PPOTrMTARY 2009 APR -8 FM l: 04 Ct1dv J .,UNTY PEN v,.?gI-VAN' , +14. co Po Arrf Cr.? ta8Y?9 P?' aa3??9 IJoF?e.?- 1?? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BETTY J HEFFELBOWER 10 W WINDING HILL RD MECHANICSBURG, PA 17055 LVNV FUNDING, LLC Plaintiff, vs. BETTY J HEFFELBOWER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-629 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, Esc at this telephone number: 215-634-8920