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Home My WebLink About09-8254Our File No.: 228562 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. DAVID MAGARO 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 69 gaW 1.[U 1. `?/2.. 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.: 228562 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: L? 9- 8 a Sy C"? j- 2, Plaintiff, vs. DAVID MAGARO 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 Defendant. 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 DAVID MAGARO, an adult individual residing at 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #372268248771001; and said account was issued to Defendant(s) by AMERICAN EXPRESS, 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 $2,300.83. 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 $2,300.83 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fo laintiff A Law Firm Ent ed ' Debt Collection BY: David J.14pothaker, Esquire Dated: 11/20/2009 Our File No.: 228562 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 to worn falsification to authorities. David J. pothaker, Esquire Attorn v for Plaintiff DATE: 11/20/2009 LVNV FUNDING LLC DAVID MAGARO 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: DAVID MAGARO Account Number: 372268248771001 Original Creditor: AMERICAN EXPRESS Balance Due: $2,300.83 Our File No.: 228562 EXHIBIT "A" os- Fib! 04CE on TV F7qT 005TY 2H9 NOV 30 Pi' 1: 44 sue, .'?a X78. sa ?d.?? eK? r?cr_?3y Our File No.: 228562 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. DAVID MAGARO Defendant ..:, ' ~ rte. _ :..~ , ,;i . ~ T; ~~._ ,3 ~_ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8254 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, DAVID MAGARO, in the default of an Answer, in the amount of $2,339.67 computed as follows: Amount claimed in complaint: $ 2 300.83 Less: Amount Paid: (~ 0.00) Plus: Interest from November 20, 2009 to March 22, 2010 at the legal interest rate of 6.00% per annum 3 8.84 Attorney fees 0.00 TOTAL n $ 2,339.67 I certify that Defendant, DAVID MAGARO, ast own address is 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050. David J. othaker, Esq. Attorney for Plaintiff Dated: March 22, 2010 ~I~F. oo P ~ A~^/ ~ayas~ IJ~-~eQ,1ua~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DAVID MAGARO 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 LVNV FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. DAVID MAGARO NO.: 09-8254 Civil Action Defendant 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 Escf at this telephone number: 800-672-0215 I~ IS~a i . Our File No.: 228562 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. DAVID MAGARO Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY } NO.: 09-8254 Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF 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 ~8 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apotha~e~;-Esq. Attorney for Plaintiff Dated: March 22, 2010 Our File No.: 228562 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. DAVID MAGARO Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8254 Civil Action 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 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050. 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 Defendant(s) is/are in any branch of the military. /) Mary M. Snavely-Dixon, Director of the Defers Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in ~ e militaryf~ David J. Apothaker, Esq. Attorney for 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. Depstmene etndrnsr ~i~wei UttaC~er 3L3aarv 5tatess Report Pursuant to ~e Smice 1~fecnlseas t„i~i Relief Act _..~;"Last _ ... _. _ :~arrse Frrstlltiddk Bade Dsta Ae:tite Dim Sates A - _ '_bL~iGARt3 IRa,VID H9std on the ~ vr~n hair fiunist~cl, the I3~4DC' i:~calirsg the m&aidn~ status.. ilii-22-20iD 12:441' sits Doty Ead Day Sernre dux, ~u pois~ss an~, uY.~rtnypq)_~ L.'pon srarelmng tlye asfarmnaion data bar~ts of ttur Uepartmertt of Uefrnse 4ianpower T)mta Cesster, based on the infcunsntic+n drat you pco~rkd, the abase is the cwrent of thsnrtis' as to ~ brancbas oftbt 4n~orwed Srr3ices {Ara:y, ~a4}•, tiiarae Gigs. Afr Forcc,'gTOAA. Pubic Heakh, and Coast C"i+sazdl. 1f~• \3. Sas2h-L7itoa. I]9rector ~ rd Lkftmae - ~trsnpawrr Data Crater 169p R`s7soa $h'd : $utt 400 Atir3gtost, ~';~ 2320}-259? Ttse Lkferisr ~.ianposvrr L}ata Ces>Eer (D4LAC) is an of the Drpae~ba>ent csf' I?efertsr thsrt m~rstrrass the Urferae Eadlm~ ~ Reputing $ys#cm (DEEdtS}database svhirh is the official soars of d~a m aii~t-vfar • mec3i[a[ cxe and other eig~ avsteass. The DoD strong supputs the mfcrrcemMrt ~'t}u Sa.•cr'ti!Icm6ers Citist Rcl~f Act (50 L'SC App. Eq 40i e4 ssq, as amended} {5GR-~) t~'i~ah• known as the Scd~firrs' acrd Sea~nrs' Ci~ti Rr~f A<t of 144137. D'~iDC has ~sttrd himc#eds ~'tt~atsmtd5 c!' 'does ts~ possess aw iot'ottne~ao atd~ir~ng that the iAdn•idttd is eucrrntty ors actiti~r ~}'~ respotsses, and has e~strietxed s tm~l esrtx fate. 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Activt Duty status elm applies to a t,'n~ermtd Santee member who is as acFic~e c5m ratsnsissi+aoed o~fcar ofthe i.S Ps~ic HeakB Smicc u tbe?~a (kesrsr and Atmospheric Ada~sistration ('.'~0,~.;4 Commissioned Caps} for a peril oL'morn than 30 coasecutitr ds.s Cme,~< L ndrr tka SCR4 it 13roadrr +» .~+ CsrsEr Cae>sage tfsr SCdtA is broader is same cases aad iscbdas same catt~aeies ofpersaas ~ actis~ duh• for paapo scs c4 tlse 5CRA njyi w~ not ~ reputed as ou ActaY Uart,> ender this cestificatt 1•lam' tsars azdtas ~ aaveuded to exte~ thr ptrsod of actrve dory, A•l>~h wadd ccirnd SCRr} prattcgoms_ Prrsaos serlnag m rat an Mis wrbsite cat~ca6on shns>Ed check m make ~e the orders on which SGRA protectivus car based 6avx not ~ arueoded to aftrad ~ itrdusn~ dates ofsmite. Furthetwore, soaaG protsctiam oft1~ SCfiA may extend w persoes hac~ received udas to report fsx seta: dmy u to be iudeseta3 hot w~}so hat r sot actually br~car acta•e dirty u a~tunpy reported far ioductiiYn. The Lam Date on Actis2 I3utp ashy is nupcntant txcause a raassbrr ~ protections of SC'R A estrud bepwd der last dates of actr4g dtar~ Ihasr who a~odd re}r an ~ ctrt£rcatr err urged to srtfr qua5ired legal tosnsd to ensure Ffiat e~ rights guataffieed to Srn•ree tuembers tuta3er ilst Std are prateettd R'ARhZ'`G: This catificatc nos Rovidrd based acs a aasrx and SS'i prcnided by the requests. Protidiag am erroneous name a 5S'~ w~ c~sr an errnuzeau eerfficate hs br proud Report tL~Ik.G7Q(it'RO 856 780.1000 856 780.1020{ 215 634.8920 215 634.8421 f 228562 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) vs. ) DAVID MAGARO ) To: DAVID MAGARO 169 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8254 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: December 28 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 J. POT KER, 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