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HomeMy WebLinkAbout09-0747C I Our File No.: 185641 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. BRYAN C COPENHAVER 223 FARM RD NEWVILLE, PA 17241-9588 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq -7y1 CNOTICE 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.: 185641 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. BRYAN C COPENHAVER 223 FARM RD NEWVILLE, PA 17241-9588 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9 - '7 `7 f.c?.• 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 BRYAN C COPENHAVER, an adult individual residing at 223 FARM RD NEWVILLE, PA 17241-9588. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #6035320265880953; 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 $3,379.33. 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 $3,379.33 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKE SOCIATES, P.C. Att ey f r Plaintiff A Law Firm tizadd in Debt C411ectioi BY: David J\Alpefhaker, Esquire Dated: 1/30/2009 Our File No.: 185641 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, anfberhe ersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.Aunworn falsification to authorities. Dr, Esquire Attorney for Plain tiff DATE: 1/30/2009 R i 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: 04/26/2006 Bryan Copenhaver **"-**-8038 223 Farm Rd Newville, PA 17241 Account number 6035320265880953 Owing Collected Balance Principal $ 3,059.01 $ - $ 3,059.01 Interest $ - $ _ $ _ Atty Fee $ - $ _ $ _ Misc Cost $ - $ - $ _ New Balance $ 3,059.01 $ - $ 3,059.01 TRANSACTIONS Transaction Date Description Amount This statement is not an original This statement has been generated on behalf of LVNV Funding LLC, account owner. r- CZ7 ' - 1 -r; i't }rn ` SHERIFF'S RETURN - REGULAR CASE NO: 2009-00747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS COPENHAVER BRYAN C GERALD N WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COPENHAVER BRYAN C the DEFENDANT at 223 FARM RD at 0020:15 HOURS, on the 12th day of February-, 2009 NEWVILLE, PA 17241-9588 by handing to BRYAN COPENHAVER DEFENDANT 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: So Answers: Docketing 18.00 Service 8.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.10 02/13/2009 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: , Vtk IJ,12 before me this day Deputy Sh ff of A.D. ra T-TI 4F.? J Our File No.: 185641 r 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. BRYAN C COPENHAVER Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-747 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, BRYAN C COPENHAVER, in the default of an Answer, in the amount of $3,410.00 computed as follows: Amount claimed in complaint: $3,379.33 Amount Paid: - $(0.00) Interest from January 30, 2009 to 04/01/09 at the legal interest rate of 6.000 per annum $30.67 Costs $0.00 Attorney fees $0.00 TOTAL $3,410.00 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, BRYAN C COPENHAVER, last know address is 223 FARM RD NEWVILLE, PA 17241-9588. APOTHAKER SSOCIATES, P.C. Attorn s or Plaintiff A Law Firm En a ed in t Collection By: David J. Apothaker Dated: 4/l/2009 Our File No.: 185641 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.: 09-747 BRYAN C COPENHAVER ) Civil Action Defendant. ) 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 223 FARM RD NEWVILLE, PA 17241-9588. 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 D%endant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the De indicated that the Defendant(s) is/are not in the mili David J. AVathaker Attorney for Plaintiff 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 unworn falsification to authorities. D? pwtwa nt ofDeteme l inapower D*& Center A-2009 07.17M Mkxy Static Report Pursunat to the Servioemculers CM&WAct on the kAxwedon you have Awnl , the IBC does oat possess my idocauffion W dug the k&Yi is c r** on of duty. Upon ? the infimmon data. banks M the Depubsed -of Defense Manpower Dds Venter. wed an the ai\ nnaticn dw you provided, the above is the coment status of the individual as to A b umcbe. of fhe NEwy. t )4. AIA4.,. Mwy A Suav+dy--Dixon. D4recw r Depwwwnt of Die - eapower Data Center 16M Wilson d., Saibc 400 Adiago ,'VA 22209.2593 The Defense Mampower Data Center {D?AM is.ancgp ization of the Depactmest of DeEme, fhet assictsins the ?ef rose Fiat and El*Ay Reportiag;System (DEERS) datakwe arbicds is the dial source of data on 49W for miitacy medi ad cure and odff eligibility sy stem& The ?mmt ofDdm3e stray sappmb the ? afdz Se vice as CidReWAct [S0 USCS App L §§ S01 et segj (MMA) (formerly dw Seicth W aad Said' C ReAdAct of 1940)_ DEC has Based I .i 1 4 c+f of "does not possess any afotm0iocsi*&Mag flame fire ittrsj" is aura < active dad"' mss, and b u wed a +enot rate. In the event else ia&jdnd refi macaed above, or my fw* member, fainact cc representative asserts is my mauaer fiat the in&v dad ins an &cdve duty, or is cdwvdw mhded to the oftl?e SCRA, you we skam* eaeoum ped to ob ain ifi vaAcation c(d w pasods active duty stems by comcdog dot person`s I r Sew via At "de of -JT URL provided below. Myou lave ev dace the perstsu is on arrive-daty and you fail to obtain dbis addaio?lMawy Service V , provisions of flee SC R i may be iav ked age you. Myou obtainfzdx!r infumation about The person { e.g., an SS N. auproved accuracy cfDOB, a mid& emme? you can submit Yaw reglaest again at dis 'web she and vve xil provide a new caste for dut gnefy. lb s regxmw reiects carrel tree duty stsdcs a For limmkd iniiormsdoi , pkmse coatect the Macy Service SCRA pouts- of-coutut See: ht rWww rr R 6bml WAI1hiII+i(s-. Tlsis cue was provided based on a uaase and Social Security amber (SSN) provided by theregaester. Providing an ecrone©us mime or SSN v l cause :an ec oncous catilicAe to be provided. RoportM7 NV ROTAZLFO • 185641 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ' LVNV FUNDING, LLC VS. BRYAN C COPENHAVER COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-747 To: BRYAN C COPENHAVER 223 FARM RD NEWVILLE, PA 17241-9588 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: March 13, 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 AV D 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 COPASE NO: 2009-00747 P ?`OMNIONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS COPENHAVER BRYAN C GERALD N WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ,.was served upon COPENHAVER BRYAN C the DEFENDANT at 0020.15 HOURS, on the 12th day of February 2009 at 223 FARM RD NEWUILLE, PA 17242-9588 by handing to BRYAN COPENHAVER DEFENDANT 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 8.10 Affidavit .00 Surcharge 10.00 .00 36.10 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/13/2009 APOTHAKER & ASSOCIATES By: Deputy Sh ff of A. D. PILED-a FRICF OF THE PRr)T HC! OTARY 2009 APR -8 PM I: 03 Pci'v -,5YL`V MA 414. oo PQ ATN (A.884O aasyto 7 00-6, not6d r ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BRYAN C COPENHAVER 223 FARM RD NEWVILLE, PA 17241-9588 LVNV FUNDING, LLC Plaintiff, VS. BRYAN C COPENHAVER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-747 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. Auothaker, EN. at this telephone number: 215-634-8920