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Home My WebLink About10-5769Our File No.: 261519 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. DIXIE NICKEL 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10 - 57W evil lerP NOTICE FLEQ--r:1-1CE ,\;0TVy rrj -. 11,rl l!' OS CUMBL P ' '-P.?'?D COUNTY pcNiSYLVANiA 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 O Or A633s e 40883 Out File No.: 2615 b9 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Plaintiff, vs. DIXIE NICKEL 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 2.9601. 2. Defendant(s) is/are DIXIE NICKEL, an adult individual residing at 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 5395; and said account was issued to Defendant(s) by GE CAPITAL/WAL-MART, 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 $5,996.75. 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 $5,996.75 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS?OC1ATES, P.C. Attorney to Pl if A Law Firm Enizage in bt BY: Dated: 8/31/2010 David J. Apoth`sker, Esquire Our File No.: 261519 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)40rn falsification to authorities. David J. Ap haker, Esquire Attorney fo laintiff DATE: 8/31/2010 LVNV FUNDING, LLC DIXIE NICKEL 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 STATEMENT OF ACCOUNT Debtor's Name: DIXIE NICKEL Account Number: ending in 5395 Original Creditor: GE CAPITAL/WAL-MART Balance Due: $5,996.75 Our File No.: 261519 EXHIBIT "A" 261519 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 Plaintiff/s: Court Number: LVNV FUNDING, LLC Expiration Date: Type of Action: Civil Action Defendant/s: DIXIE NICKEL Serve Upon: DIXIE NICKEL Address for Service: 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF&CE OF T'- S?-ERIFF LVNV Funding, LLC vs. Dixie Nickel Case Number 2010-5769 SHERIFF'S RETURN OF SERVICE 09/2112010 11:17 AM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1117 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dixie Nickel, by making known unto Micheal Bobb, Son of defendant at 117 Conodoguinet Mobile Estate, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 September 23, 2010 f C\1 ° cat ..c.,. ?'! o... C . U- C `j ? V RYAN BURGETT, Y SO ANSWERS, 4z X Z?2 RRONKS' R ANDERSON, SHERIFF icy CounfySulto Shenff, ieieos,;ft l:;; ~- ' Our file No.: 261519 - a APOTHAKER & ASSOCIATES, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff Attorney ID# 307949 LVNV FUNDING, LLC Plaintiff, vs. DIXIE NICKEL Defendant. Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on October 06, 2010, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, DIXIE NICKEL parties as follows: 1. Defendant agrees to pay the sum of $6,220.64, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $6,220.64 shall be paid by the by Defendant, DIXIE NICKEL, to the attorneys for Plaintiff in the following manner: a. $300.00 to be paid on or before October 29, 2010; b. $100.00 to be paid on or before the 30th day of each month, beginning November 30, 2010 until paid in full. All checks are to made payable to LVNV FUNDING, LLC, and sent to: - ~0 ~~ ~' ~: Z~1lQ QC~ 28 P ?: c.~ ~ ~ ,r `;%' r, G.~ ~C9` ` o "EN~~L~~,~ ~~~ ~~1's , COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5769 CIVILTERM Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 r ~' ~ ' ~ 'Our file No.: 261519 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shale be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $6,220.64, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to DIXIE NICKEL by first-class, postage prepaid. We hereby consent to the form and entn~ of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys forP}aintiff A Law Fir~n~aaed~lDebt Collection By: Esquire DIXIE NICKEL fir'=' THE p L0,'}r1 Our File No.: 261519 f ONO LTA i Y` APOTHAKER& ASSOCIATES, P.C. 2014 JAN 1 0 P 2, 0S By: Attorney I.D.# 38423 CU BERLAND CoLlVTY 520 Fellowship Road C306 PENNS MANIA Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 10-5769 CIVILTERM ) DIXIE NICKEL ) Civil Action ) Defendant ) PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, LVNV FUNDING, LLC, and against Defendant, DIXIE NICKEL, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on October 28, 2010, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Balance: $ 6,220.64 Less: Payments: ( 2,550.00) TOTAL $ 3,670.64 David J. Apothaker, Esq. Attorney for Plaintiff Dick- S 6.SCA141 e/K4- (73V.0V Av./ SCDC)' 1° tv, A a. iiatYed Our File No.: 261519 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 ) COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 10-5769 CIVILTERM DIXIE NICKEL ) Civil Action ) Defendant ) David J. Apothaker, Esquire, certifies as follows: 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on October 28, 2010, a copy of the Stipulation is attached hereto and marked as Exhibit"A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. All credits, if any, to which Defendant(s) is entitled, have been applied to the. balance and are reflected in Plaintiffs Praecipe to Enter Judgment. 5. Therefore, pursuant to the Stipulation, Plaintiff requests entry of Judgment in the amount of$3,670.64. I verify that the statements made in this Certification a - t e and correct. I understand that false statements herein are made subject to the penaltie of 1: Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apotha Attorney for Plain'ff — - .. .f. - . , . , . . .. , ,.., Our Ole No.: 261519 A P(YT1IAKER(..-. ASSOCIATES, P.(.. . .-- 520 Fe110\\ship Road C306 ..._. 1 s .. . , Nlount 1,aurel,NJ 08054 = ,.:,.. . ...,:i ( 0) 672-0215 :\itorneys for Plaintiff _\um-Iley 1I) . 307949 • ) C0110. OF COMMON 111.1."..\ INNV Ft.NDING. IIC I CUMBERLAND ( OUN IN ) Plaintiff ) DocKFT \() : 10-5700 (1 V I TFRN.1 s. ) 1 Civil Action DIXIE:NICKEL 1 .I STIPULATION IN 1 IF:l• ()I: J1 :D(i.\iNNT Defendant. ) 1 The matters and thinus in controversy having been discussed by and l)etween the parties, and a settlement haying been agreed upon: It is on October 06. 2010. SliPULATED bv and between Plaintiff. I.\'NV Et.NDING. 1.1.C. and Defendant. DIXIE NICKEL parties as follows: I. , Defendant agrees to pit the sum of S6.220.64. IA hich stun PlaintifI agrees to accept in full settlement of its claim herein, inclusive of counsel lees and court costs. -, The sum aforesaid of$6.220.64 shall be paid by the by 1)Qftl-RIont. 1);XII.: NICKNI.. to the attorneys for Plaintill'in the following manner: a. $300.00 to he paid on or lielore Octol\a-10, 2u10: b. $100.00 to be paid on or befme the 30th day of each month. beginning November 30. 2010 until paid in full. All checks are to made payable to 1.\•N V Ft'NI)1N(l. 1,1.C, and sent to: Apothaker(.\!: Associates. P.C. 52 ) Fellowship Road C306 Mount Laurel. NJ 05054 Our file:No.: 261519 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shale be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of 56220.64. giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid. Plaintiff shall be entitled to obtain the entry of judgment upon ex parse application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to DIXIE NICKEL by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER s'i'r ASSOCIATES. P.C. Attorneys for Paintiff A Law Pirn ?ngaaed.A Debt Collection. By: . 4.,/.., Benjai J CAvaliaro. Esquire / DIXIE NICKEL OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DIXIE NICKEL 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 ) COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 10-5769 CIVILTERM ) DIXIE NICKEL ) 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. EL JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT ❑ JUDGMENT BY DEFAULT _, / n JUDGMENT IN REPLEVIN 1.. ❑ JUDGMENT BY CONFESSION _ Cb '• 1,•J' O' ' OP/it/ ❑ JUDGMENT FOR POSSESSION ❑ JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 215-634-8920 Our File No.: 261519 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 ) COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 10-5769 CIVILTERM ) DIXIE NICKEL ) 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 117 CONODOGUINET MOBILE EST NEWVILLE, PA 17241. We inquired with the web site of the Defe► e anpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 209 ►593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of th- Defe se Man er Data Center has sent back our inquiry indicated that the Defendant(s) is/ar=not id the m..1 tary. David J. A pothaker, 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. Results as of:Dec-06-2013 07:25:57 Department of Defense Manpower Data Center SCRA 3.0 ,-, i r,.:� ... " n Status Report 1 - 1,.... , ,r Pursuant to Servicemembers Civil Relief Act Last Name: NICKEL First Name: DIXIE Middle Name: Active Duty Status As Of: Dec-06-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA f...- ''-,v _ NO",,.._, NA a � This response reflects the individuals'r active duty status based on the Active Duty Status Date . .! a . /'A. \ 1 I / )'-f,- \ ' ^ Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA •• - NA - �..y ._ -NoT r. NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date f The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA liNA:; .._ -07 ./No =`' ‘'.0 NA This response reflects whether the individual or his/her unit has received early notification to report for active duty • - Upon searching the data banks of the Department of Defense Manpo a Data Center;-based-on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. , yek _ ! yhatit . I r ... 4 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: C662YBAOFOAEDCO