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Home My WebLink About10-5381Our File No.: 255445 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. GREGORY L FUNK 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 1 C) -5-2-115 ' G V NOTICE Ga 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 * 92,00 'kM ?0 14) tiss9 94- ;)q Oat. Our File No.: 255445 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, VS. GREGORY L FUNK 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601 2. Defendant(s) is/are GREGORY L FUNK, an adult individual residing at 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 0478; and said account was issued to Defendant(s) by CITIBANK/SEARS, 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 $2,282.12. 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 $2,282.12 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS TES, P.C. Attorney for I *tiff A Law Firm Engage in ebt COU66i ioi BY: David J. Apothaker, Esquire Dated: 8/10/2010 Our File No.: 255445 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 d rsigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 rel mg t unsworn falsificat' to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 8/10/2010 LVNV FUNDING, LLC GREGORY L FUNK 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: GREGORY L FUNK Account Number: ending in 0478 Original Creditor: CITIBANK/SEARS Balance Due: $2,282.12 Our File No.: 255445 EXHIBIT "A" 255445 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: LVNV FUNDING, LLC Expiration Date: Type of Action: Civil Action Defendant/s: GREGORY L FUNK Serve Upon: GREGORY L FUNK Address for Service: 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~ r SCE n~/ {1~ ~'tS_ {/.mow A.(+; {},.~1,.. ~p~ {~`(~ CUM;.i ~JV~I'~1 ~ t1'V ~V;a'~ k~~'r~~ l/~ LVNV Funding, LLC Case Number vs. Gregory L. Funk 2010-5381 SHERIFF'S RETURN OF SERVICE 09/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 2 at 0909 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gregory L. Funk. Request for service at 40 Middle Spring Avenue, Shippensburg, PA 17257 is a business owned by the defendant, but has hours only reflecting the needs of its customers. Gregory L. Funk's personal residence is thought to be in Franklin County. SHERIFF COST: $46.00 September 02, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF Our File No.: 255445 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 a 1 f ``"1C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. GREGORY L FUNK NO.: 10-5381-CIVIL Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, GREGORY L FUNK, in the default of an Answer, in the amount of $2,308.58 computed as follows: Amount claimed in complaint: $ 2,282.12 Less: Amount Paid: ( 0.00) Plus: Interest from August 10, 2010 to November 5, 2010 at the legal interest rate of 6.00% per annum 26.46 Attorney fees 0.00 TOTAL I certify that Defendant, GREGORY L FUNK, SPRING AVE SHIPPENSBURG, PA 17257. Dated: November 5, 2010 P? klildp oy ONhaly /i(4?- a161 jdftff a?g 1 gq,3r 144o rni4 David J. Apothal Attorney for Plai $ 2,308.58 is 40 MIDDLE 'OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: GREGORY L FUNK 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 LVNV FUNDING, LLC Plaintiff VS. GREGORY L FUNK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5381-CIVIL 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. Esq. at this telephone number: 800-672-0215 Our File No.: 255445 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. ) GREGORY L FUNK ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5381-CIVIL 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 1 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. / David J. Apothakel, Esq. Attorney for Plamti Dated: November 5, 2010 Our File No.: 255445 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 GREGORY L FUNK Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5381-CIVIL 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 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257. 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. /1 Mary M. Snavely-Dixon, Director of the Defens M ower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in e mil ary. 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. Deprbodat of Daunt Mwpower Date Center Atov-45-2410 0134.43 Miry Stmt Repot Panrat to dw Service Members Cavil Reief Act Y ?aaR4eaa _ .!G x wf I+? '" Ost, At*, D* Swan, Ax** Dad W Daft Kara iforrwraa ? FLNIC GREGORY Bowed on tYe aafornawtion you have fisrnisioed, the DMDC cues not posses any L iaAkdo` Ow iau Wow steers. Upao die 6- 'k data books cf dic Dgmdtmed of Defense Manpower Den Ceaa. based oar the ir[araawean do y4m provided, dw aberue is 0* cwrw status cfdue iiW*4" as to 41 lxaacin afte Lrafamed Swrvioes (Army, 'Navy, Aflame Caps, Ai Force NOAH. Public Hnlh end Ccwsat (ienno. r Relay M Saaady-Daum, Dineceor Depaurtatat of Ddew - Maopowier Dan Caster 1 600 Wilson Bbd., Sure 400 Atiaetas, VA 22209-2593 The Defeaat Mawyowa Dos Cemta OXN C) a ao orpwaasrroa of the Deparosie t of Ddeme do mtriaa sis 0we Desfne medical Eaoboawt a ed P IVW Repm1m; System (DEERS) database which is the aiycid scarce of data an y for military arc and other dow systtmee. 12we DoD snowy sapparts dw eefxrmwn t of the Service hicswbers Cast Rdaf Ad tan USC App- §§ 501 ex san as amended) (SCRA) Obrinedy kaowa as dte Solafim and Sena' CH ReWAd of 1944 DNM bat isauedlmdreds of 16oweaaads of 'does not possess mg inkcaaio e i eicatiod dot dare intl vidad a emready cc active dwW reapom m mod has egmiewed a smell arar rte. In t w eview die k drridoal r foraced above, or my 4aely member. dead, or vaprimmatim asserts in my maraaer dart nee iadivid it is on atift day, tr is otherwise settled to die protections of dare SC VAA you are sircrngfy encouraged to obtain fxdwveticaaioaorbepetanisstmtbyeoaptcm2dratpersontSam;"viiadae defe Oiakmi'LM if yet haws err dunce the pacsaa is cc naive dray and you fin to obtain dais addloond Service vericadon, pariive provisions of the SCRA may bt invoked agent yon. Set 50 L SC App. 153 I(c)? ff you obtain adelitiand i 6ni mmioa about die petrol 04g, an SSN. kr4woved acarracy of DOB, a arickMe awe), you can your rem ago at des Web site and we will provide a new mate Joe %t goay_ This reswoase railects serve Aw styes mcio3ed dace the iielvrdpal was htsi on actve duty. if a was wyhtn the pr%ediog 367, days. For historical irturionfieso pkase contact the Service: SCRA paw-af-cwaset. M*m iw{4pnitriew on ;wise DoW Swwum" Active duty sulm as repattrid ia" is domed is accordance with 14 USC § 141(d(1) for a period of rgore dwn 30 Misecut?t days. Is the case of a member of dw Nst and Gtaerrd, includes aw4cr ender a call to ectwc service sed6woed by ate Presidrat at else 5eavtry of Defame foe a period of more then 34 cossedtarve days under 32 USC § $02foe ptaposes cf responfi g to a embond emergency declared by owe Prisident aid supparucd by Federal hoards Al Active Guard Reserve (ACrR) members mot be assigned apwA an mAborited mobttrtatioo posia m all dr not they support. This ioclirles Navy TARS. l adw Corps ARs and Co" Board RDAs. Acme Doty states also applies to a Unformed Service member who is an active doN conwit siomed officer of the U.S. Public HeabA Scnice or owe National Oceanic and Aw ospbmrir A.slwajrwislra ion i vt(a. A Cmumtssimed Caps) for apasod cfino" d= 30 consecutive din-s Geuw nw i nder tkt SCR.4 a Brood" ells S*nw Cases Coverage undcr One SCRA is broader in some rues and kcimdcs some categories afpenom an active duty fix purposes efdw SCRA u to waned mat hX tgxwwed as on Actrvv Dory tndn taus cerbcte. Many tears orders are amended to eurad the period of active duty, svbieh world exscnd SCRA prutectians. Persons sc+ddng to rtly an d is weWke cerd6caiort shodd check to make sane the orders on *%& SCR A protecbons are based have not ben amended so emend the adxrvc duel of ranee. Fur6amote, sic FvteCaow ofdw SCRA may extend to p6wam Mw ham received aides s b report for active Asty or to be iadocted, but who have am actually begin saws duty or actwRy reported for iuv<iaction. The Let Date an AcOm Duty entry is impratsnt because a camber of prokThons of SCRA esseed beyond the Encl ores of a dw dity_ These who vraaid rely on this ea ficate we arged to seder graded kgal counsel to ensuat that all rights g ueraotited to Seavice members under one SCRA are prowased. WAR'+u'NCr-'ilis calieate was provided based on anamae and S provided by ffie register. Provideg an erroneous ? or SSN will seals an erroneous catilksse to be provideai Report DIIABCISELH 255445 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) vs. ) GREGORY L FUNK ) To: GREGORY L FUNK 40 MIDDLE SPRING AVE SHIPPENSBURG, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5381-CIVIL 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 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BAR DAVID J. APO H R, 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 Date: October 08, 2010