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HomeMy WebLinkAbout09-4553Olar File No.: 201645 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. MICHAEL WILSON 101 MOUNTAIN LN ENOLA, PA 17025-1048 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CA - g55Z 0,1v i l -r et-W, 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.: 201645 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. ) MICHAEL WILSON ) 101 MOUNTAIN LN ) ENOLA, PA 17025-1048 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o-9- -15s3 ( -F,-,- 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 MICHAEL WILSON, an adult individual residing at 101 MOUNTAIN LN ENOLA, PA 17025-1048. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #6044051004406169; and said account was issued to Defendant(s) by GE CAPITAL/GE FLEXPLUS, 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 $18,629.95. 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 $18,629.95 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS?? CIATES, P.C. Attorney;ror P aintiff A L=J.oth Collection BY: nire Dated: 7/2/2009 Our File No.: 201645 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 relating t^unsworn falsification to authorities. David J maker, Esquire for Plaintiff DATE: 7/2/2009 LVNV FUNDING, LLC MICHAEL WILSON 101 MOUNTAIN LN ENOLA, PA 17025-1048 STATEMENT OF ACCOUNT Debtor's Name: MICHAEL WILSON Account Number: 6044051004406169 Original Creditor: GE CAPITAL/GE FLEXPLUS Balance Due: $18,629.95 I Our File No.: 201645 EXHIBIT "A" RLE")a ,'? 2 0 0 9 J'" --8 Fii I CU1= r } ,t78, Sa PO AMY Ci(,,tf 1010738 PT* oZo I as Sheriffs Office of Cumberland County R Thomas Kline i « r Sheriffa?tt, ct ?nr?b?r?? Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFICE 'F SHERIFF Edward L Schorpp Solicitor LVNV Funding, LLC Case Number vs. 2009-4553 Michael Wilson SHERIFF'S RETURN OF SERVICE 07/16/2009 08:10 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Jul} 16, 2009 at 2010 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Wilson, by making known unto Pam Kohr, adult in charge at 101 Mountain Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, July 17, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Our File No.: 201645 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 vs. Plaintiff MICHAEL WILSON Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4553 CIVIL TERM Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, MICHAEL WILSON, in the default of an Answer, in the amount of $18,932.03 computed as follows: Amount claimed in complaint: $ 18,629.95 Less: Amount Paid: ( 0.00) Plus: Interest from July 2, 2009 to October 30, 2009 at the legal interest rate of 6.00% per annum 302.08 Attorney fees 0.00 TOTAL $ 18,932.03 I certify that Defendant, MICHAEL WILSON, la own address is 101 MOUNTAIN LN ENOLA, PA 17025-1048. r' David J. A er, Esq. Attorney for Plaintiff Dated: October 30, 2009 CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF Our File No.: 201645 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 vs. Plaintiff MICHAEL WILSON Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4553 CIVIL TERM Civil Action PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David B Attorney luianci, .L,zo . Plaintiff Dated: October 30, 2009 46 Our File No.: 201645 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 VS. Plaintiff MICHAEL WILSON COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4553 CIVIL TERM Civil Action Defendant AFFIDAVIT OF NON-MILITARY 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 101 MOUNTAIN LN ENOLA, PA 17025-1048. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, i the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defen/e M ipower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not i the ilitary. David J. ?kpotfiaker, Esq. Attorney Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dtpaftwd of Dcfenst Ma vtKr Data Cea ter Oct-30-2000 {aT49.02 x stafts Report Pursuawt to doe Service M 04e3 RAdAct sen-ke h? FhTVN addle H*& Date Active Daly Staters :fictive Doty Ead Dato As*-? }x,cc?;; an: ndern m.?i fi"LS?\ L iCfL g..s d on ah? rfnn«a n ""o l hjs (' fi)iniched, >r Il\ TH: 3-, n ,,T rd+Zztitg the mdn stahss. t4" seadving tom' data backs Dare Deparwaftt ofDe eutse Marvo%er Data Ctnw, based at the ` x*anawn that viorowboa you pruvidcA Ow abom is doe eerie swus d 6e indi ideal as to al Wwdm 4the L Sean ces (Army, Ivlav-y. Marine Caps, As Fate, NOAA, Pubic Heft and Coast Guard). 1? %A I ? " Mary M_ Sammy-Dime, Director Dqmtntd of Ddinse . Maripmw Data Center 1600 Wilson 1fh4. Suite, 400 Afinom VA 22 09-2493 Then D dense Manpower Data Cep (D, C) a an oquak-idm of die Departmea of " the De#'rslse Fjachmest and EksabSty Repagii©g System (LMS) die which a the official sasce of data cm cliplAty for mbar medical cat and ailser ehgib ) syste . The DoD sturougly snW¢ats the eafarceemeak of the Smi< t Membas C$A ReWAct (50 L-.C App. §§ 501 et seal, as (SCRA) Oxcaerly known as the Salts cart bags' CMI RckdAtt of 194th-1 MDC has issued reds ddmsands of 'dt+et vot possm any ` do the in&ichtal is ctaready 1x1 active AW respoem, and has eked a weal errut rate. In the ievvvt the is at rcSer=ed atxn e, or aau fAx& umcber, fsiewi, or nTreszmfim asserts in aav mama drat the inckvideW is on actir'e chat'. a is wise enteed to the pratretions oftlic SCRA, } gat aresaroa* to aagcd to ohtaaa fatrtha vmTk2fim o(dw pemmw s st" by, v*owwg *Aperso& Se -vke via the "deftaa Lam. http, .era ss astdfarnpis7l?Cl 51 ? . ifyou h-ac -k%oea t#ie per s- is, as ec*m duty wA vuu fats to obtain &s ad&imd Service wrilica6m padre prmiswss of the SCRA. maybe invoked asm st you, Sec 413 VSC App.. §521(c). you obtain additional Whnundon about the person (e.g,. an SSN, *Awavrd vzmvacv of DOB, atuidcte is ), You lass drat your rcgwst: agnin at this Web site and we te* provide a rice cent ate for that 4 may, '[his meats active ditty states "ac' dw dre ` was Inst ort active aau ' fit was widin vrecmding 367 days.. For historical idbamc6m please contact the Service. SCRA pow-c f-contact, atrriro+r Drt{i° Srerpu"" :Vow iqAwma&n#n .Actim 3av statras as reported in dis ccrtdicatt is daf wd in accordance with 10 €'SC > 10I(d)(1) fix a period of more than 34 con"au&e days. In the case of a member the'-vati Af Guard, kkdadts service uncles a call tss aoiv t wryke eadhotireA by dx Pr ' or the ems. ° of Dew fee a paW of mute d= 3 0 cousecudw do 'i teed r %; U SC ? $4:(f) for patptises C" responding to a aafi? av ergeyacy declared by the PresWw and suppor"d by Federal fua>dv. Al A Gward Resenv (AGR) membas must be asp!ipcd against an autltar zed mobik&wn poubcm oa the tffi they Wit. Tfia imbdes Navy TARS. %livinee Corps ARs and Coast Guard RDAs. A,*e Dvq, stag also ap*s to a L'a& med 5mi:e member who is an wwe daty commissioned or&tr of The U,S. Ptk k Health Ser.ke or du Wo6o al Ocennic and A spla* A4niniscre6on (,VO,4A Commissioned CurpO £a a period afraore dean 30 taisecutiee days. Cane L#4er the SC RA it Aroadarr in lq# Cadet C nvratee under the SCRA is broader in some cases and wbdcs some cmegaws of persons on active duty fur purposes of*& SCRA sx$Q wroalt w ur reported as OUAttire Deny irides &S ctrtaicate. Many times orders we amended to extend the pmind of v duty, v twh vet cxtmd SCRR ate bkx s. Pons svcking to rdy on bas suebsiez ce ahw should deck to make a doe sudess on which SCRA prok-eboas we !based have trot turn wmxled to eataad the inclawe dates of'senice F e, ww prestecti ofle SC RA am- est odto peasm Sbo hsvT reserved meters to report fear amm Amy or to be itadoct4 tank who ham not new* begun artier a duty or achmtt,, sepoded far induction- The Lag Date on Achve Duty emery is " because a wanber ofprotechons of SCRA es;oud bc, cstd the last nuportaut dates cifacdvv duty. These who would rely on tbs cmtfw. to ire urged to seek qua%cd legal towscl to ensure that alt rights guarantied to Service the SCRA a ejxoectzd. WARNINGr: This cortg'eea was provieledbased on a came and SwSN provided by 1be regwcsacr? Prmi&n an errcarro us name or SV M'& Cause an erroneous ceaifieate totieprovide& Reparzll)B44B2E6MT 41 201645 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) ) MICHAEL WILSON ) NO. 09-4553 CIVIL TERM To: MICHAEL WILSON 101 MOUNTAIN IN ENOLA, PA 17025-1048 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 10, 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 A ID J. APOTHAKER, ESQUIRE AP THAKER & 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 RLE Pp A'Ct" 1 c Ise asO'l(A PoL OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHAEL WILSON 101 MOUNTAIN LN ENOLA, PA 17025-1048 LVNV FUNDING, LLC Plaintiff vs. MICHAEL WILSON Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4553 CIVIL TERM 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: 800-672-0215 )1 /10/01