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Home My WebLink About09-1914 Olar File No.: 198901 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Cft- lg14 Civil Tern% JAMES SADLER 930 S YORK ST MECHANICSBURG, PA 17055 Defendant. 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.: 198901 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. JAMES SADLER 930 S YORK ST MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY (?cnt p " NO.. D 9 - / 4 I y 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 JAMES SADLER, an adult individual residing at 930 S YORK ST MECHANICSBURG, PA 17055. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #6044071002615082; and said account was issued to Defendant(s) by PAYPAL BUYER CREDIT, 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 $1,179.76. 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 $1,179.76 and requests this Court award Plaintiff attorney's fees d c to the extent permitted by applicable law. APOTHAKER ASSO IATES, P.C. Attorne for Pi 'tiff A Law Firm Dated: 3/18/2009 BY: David J. Apot'haher, Esquire Our File No.: 198901 VERIFICATION David J Anothaker,-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 of 18 Pa.C.S.A. 4904 relating to unworn falsification to David J. AIc Attorney the statements therein are made subject to the penalties ker, Esquire Plaintiff DATE: 3/18/2009 Current Owner: LVNV Funding LLC Original Creditor: GE Capital\ PayPal Buyer Credit Previous Owner: GE Capital Statement Closing Date: 9/26/2008 12:00:00 AM LVNV Purchase Date: 08/29/2007 Account Origination Date: 08/18/2004 6044071002615082 Account number Owing Collected Balance Principal 1,012.25 $ $ - $ 1,012.25 James Sadler Interest $ _ $ _ $ _ $ _ *** **-3292 R Fee Atty - $ $ $ _ _ $ - 5703 FALKIRK D MATTHEWS, NC 28104 M is isc Cost $ - 25 012 S 1 $ - $ 1,012.25 New Balance . , TRANSACTIONS Amount Transaction Date Description This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. n V 1 CZ. q L5 '77 l_ ( D „ cn a -77 ? ?rn O c..u Sheriffs Office of Cumberland County R Thomas Kline 0 uItitibe, Edward L Schorpp S i, riff Solicitor Ronny R Anderson Jody S Smith C hief Deputy '_ Or = F "EaiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 03:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1525 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Sadler, by making known unto Ethel Sadler, mother of defendant at 930 S. York Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handir to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 March 31, 2009 2009-1914 LVNV FUNDING, LLC VS JAMES SADLER SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff RJ"TICE OF THE PROTHONUM 2009 APR -2 PH 3., 30 PENNSYLVANIA, Our File No.: 198901 LVNV FUNDING LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES SADLER �30 S&A l c,,k T' NO.: 09-1914 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: v, k Issue a Writ of Execution in the above matter, —< ' coo (1) directed to the Sheriff of CUMBERLAND County; a c , � 4 (2) against JAMES SADLER, defendant(s); and (3) against MEMBERS 1 ST FCU 255 SOUTH SPRING GARDEN STREET CARLISLE,PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against JAMES SADLER,defendant(s), and (b) against MEMBERS 1 ST FCU 255 SOUTH SPRING GARDEN STREET CARLISLE,PA 17013, as Garnishee(s),as a lis pendens against the real property of the defendant(s)in the name of Garnishee(s)as follows: Bank Attachment Onlv-All assets and accounts including but not limited to bank accounts brokerage firm accounts, stocks cd's, insurance safetv deyosit boxes etc (5) Amount Due $1319.72 Interest from August 19,2009 $241.00 Minus Payments made $0.00 Plus Costs $179.00 Total $1739.72 David J. Apothaker, Esq. Y. b0 << �a�S -b,,&torney for Plaintiff(s) 5 e- s� Q 4A . <,a-4-.4- � I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-1914 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due LVNV FUNDING LLC Plaintiff(s) From JAMES SADLER,930 SOUTH YORK STREET,MECHANICSBURG,PA 17055 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: MEMBERS 1sT FCU,255 SOUTH SPRING GARDEN STREET,CARLISLE,PA 17013-ALL ASSETS AND ACCOUNTS,INCLUDING BUT NOT LIMITED TO,BANK ACCOUNTS, BROKERAGE FIRM ACCOUNTS,STOCKS,CD'S,INSURANCE,SAFETY DEPOSIT BOXES, ETC. and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,319.72 L.L.S.50 Interest FROM AUGUST 19,2009-$241.00 Atty's Comm % Due Prothy$2.25 Atty Paid $158.50 Other Costs $179.00 Plaintiff Paid Date:MARCH 18,2013 I David D.Buell,Prothonotary (Seat) Deputy REQUESTING PARTY: Name :DAVID J.APOTHAKER,ESQUIRE Address: APOTHAKER&ASSOCIATES,P.C. 520 FELLOWSHIP ROAD C306 P. O.BOX 5496 MT.LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No. f r . . t IECEIVFJ Our File No.: 198901 MAR 6 9 X013 ) LVNV FUNDING LLC ) ) COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY vs. ) ) JAMES SADLER ) NO.: 09-1914 930 S YORK ST ) MECHANICSBURG, PA 17055 ) Civil Action w XXX-XX-3292 ) --r) ' , Defendant ) '- MEMBERS 1 ST FCU ) Garnishee )) ca f-, 1:1\SIAW3 INTERROGATORIES TO GARNISHEE TO: MEMBERS 1 ST FCU, Garnishee: You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? t, .7c 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? 0 3. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held oorr claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s)had any interest? 0 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? (F,� 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a=basis. 8. If you are a bank'or other financial institution, at the time you were served or at any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify each account. j 9. How much is the value of any property in your possession belonging to the defendant(s)? H a 3C{ 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: ( /� ( )7 qEe David J. Apothaker, Esquire WAR APOTHAKER&ASSOCIATES,P.C. � �� 520 Fellowship Road C306 PO Box 5496 Mount Laurel,New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff oo Our File No.: 198901 M APOTHAKER&ASSOCIATES,P.C. By: David J.Apothaker,Esquire r..) C) zZ 520 Fellowship Road C306 -ri PO Box 5496 -x-C7" Mount Laurel,NJ 08054 (800)672-0215 Attorneys for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. NO.: 09-1914 JAMES SADLER Civil Action Defendant MEMBERS I ST FCU Garnishee PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, M IvIBER I ST FCU, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff [ , °5'ti0{ 1.Stllt#P{ y,�# ! iit- 1\0i��y' - Jody S Smith Chief Deputy 13 tip.y 23 PM 2: 13 Richard W Stewart Solicitor fi...: oF TI- "'UMBERLA J ZI E, PEIqNSYLVAIA LVNV Funding LLC Case Number vs. James Sadler 2009-1914 SHERIFF'S RETURN OF SERVICE 03/28/2013 01:45 PM-William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, PA 17015, Cumberland County, by handing to Jan Finkle, Member Service Rep., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on April 2, 2013 to James Sadler at 930 S York Street, Mechanicsburg, PA 17055. 05/23/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $88.40 SO ANSWERS, / May 23, 2013 RONNY R ANDERSON, SHERIFF Our File No.: 198901 T!!O VQ I APOI'HAKER & ASSOCIATLS, P.C. ArI BY: David J. Apothaker, Esquire JU' I U Ph '1 Attorney I.D.#38423 �- 520 Fellowship Road C306 U!'18ERLANO COUNTY Mount Laurel,NJ 08054 PENNSYLVANIA (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) V S. .TAMES SADLER ) j NO. 09-1914 Defendant. ) PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOI ARY: Please mark the Judgment Satisfied, Discontinued and Ended against the Defendant. Judgment has been paid in full. APO II IAKF.R & . SOCIATES. P.C. Attorn° s f Plaintiff A Law Finn Li age in Debt Collection By: David J. APothaer, Lsquire CL,NA�Uq .SL�CI �1Il C �LH 8ovso JJ b agiuvc