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Home My WebLink About10-5831 Our File No.: 261535 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. JEAN SISTI 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454 Defendant. S T?-a?PILCD-???? (?F 40 CUl9uW r;?;- ;? C?UN?1l PENi??-Vf? COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 10 -- .S$3/ C-L.?L7a,,j 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 L11-DP -T9;?.oo AL 0-0 lQSSiy? Rz'- avsoa3 A Our File No.: 261535 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. JEAN SISTI 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454 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 JEAN SISTI, an adult individual residing at 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 6503; 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 $1,526.32. 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 $1,526.32 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER WASAOCIATES. P.C. A Law Firm EiYgage,4 in Dot Collection BY: Dated: 9/1/2010 David J. Apothaker, Esquire Our File No.: 261535 • 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 "Sm falsification to authorities. David J. Attorney for DATE: 9/1/2010 LVNV FUNDING, LLC JEAN SISTI 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454 STATEMENT OF ACCOUNT Debtor's Name: JEAN SISTI Account Number: ending in 6503 Original Creditor: GE CAPITAUWAL-MART Balance Due: $1,526.32 Our File No.: 261535 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F.%- 1 , Sheriff , Jody S Smith L°` t, Chief Deputy ' SP Richard W Stewart r. 6, Solicitor LVNV Funding LLC Case Number vs. Jean Sisti 2010-5831 SHERIFF'S RETURN OF SERVICE 09/15/2010 07:14 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2010 at 1914 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jean Sisti, by making known unto herself personally, at 1708 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. MI AEL BARRICK, DEPUTY SHERIFF COST: $43.30 September 17, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c! Leu:,!ysuto Sher:.:ff Te;ie-'so+t. Ir;; i1L." i `? ICF T ?'r r r, ? f Our File No.: 261535 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. JEAN SISTI Plaintiff Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5831-CIVILTERM Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JEAN SISTI, in the default of an Answer, in the amount of $1,540.91 computed as follows: Amount claimed in complaint: $ 1,526.32 Less: Amount Paid: ( 0.00) Plus: Interest from September 1, 2010 to November 5, 2010 at the legal interest rate of 6.00% per annum 14.59 Attorney fees 0.00 TOTAL $ 1,540.91 I certify that Defendant, JEAN SISTI, last known ddr ss is 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454. David J. Apothdker4 Attorney for Plaintiff Dated: November 5, 2010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS 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 TO: JEAN SISTI 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454 LVNV FUNDING, LLC Plaintiff VS. JEAN SISTI Defendant NOTICE COURT OF COMMON PLEAS OF } CUMBERLAND COUNTY NO.: 10-5831-CIVILTERM } Civil Action } 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 Our File No.: 261535 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 JEAN SISTI Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5831-CIVILTERM 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 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: November 5, 2010 David J. Apothaker, Esq. Attorney for Plaintiff Our File No.: 261535 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. JEAN SISTI Plaintiff Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5 831-C IV ILTERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. Civil Action 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 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454. 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 De our inquiry indicated that the Defendant(s) is/are not Data Center has sent back 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. T)epa uxw of Ddease mampawer Data Cuter NM03-20 18 08:04:28 Mhwy Sues Report Ptesutrt to the Sevice Mee be s Civil Rdef Ad ` 8ar><isa ?tata ?a?tC.?laaa ? ? Zrfaiao ?iiellya I?f)1?'Owua SISTI JEAN Based m the eforaaioa you have 4ernished, the DIv1DC does M possess my rice i 4vilhai sw us, Lipari rewd*g the iafoaraica data braes ofthe Dep. bwd ct f Demme Nisapo" Data Ceaw based an the is ko a m that you Pmvideel due move a tie treat dos cfthe k divicbd as to A branches cf6e Ls &naed Services (Array Navy, Mwine C-ps, Air Farce, NOAA, Pdaic Fli*W mad Co" Guwd). 006tr,-?- ray, n. ,I -DW;a, Director Deputua t of Defimm - Maapowet Dana Center 16W MM Wd., Sate 400 AztNP%t VA 22209-2393 The Defense MuVo ves Data Center QAWQ is ao orp-aaa ofthe Departawat ofDd- dent ntsitaas the Defense rare 1purubmew m ?y ?B Sygm ?S) database which is the a?od savor of dal z on eigibity fm mitay medcat and adw r w. 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In doe ease of a member of the National Gnarl, ibdbdes service under a cal m active service an&oriwd by the Presideat of the Sea vt ry ofDofian for a paW of more then 30 curs a days ender 32 L'SC § 5020 for purposes of rtspan&g to a sahvAW overpeacy dedwed by doe PreWew and supported by Fed" fa xk Al Atfmc Guard Resm-e (AGR) members tams be assigned apead an ad waned mobfin6as posaibm in the udt they support This is l sdes Navy TARS, 'lgasae Caps ARs and Comm Guard RPAs_ Acme Duty stave also applies to a Vrdormed Senice member who is an active duty commissioned O&AW of she L'.S. Pubic Hesm Service or doe Nat"W Oceanic and Auuospbtric Admiesm6os ( QA, Commissi? d Co") far a period ofmore than 30 camecubvr days. Ca"wW rioter tins SCRA a BrOater M Smear cows C,mlw a order the SCRA is broader in some cases and vdwkd s some categories of persons on active ck4 for purposes ct dw SCRA who aoold not be reported as co, Actt?v Duty under this cmtificae. Many toes triers are emoted to extend the pe7 nd ofmcim duty, wbicb world earned $CRA protections. Persians seeking to rely as aria website cftt&aaort Aoaid check to mate sure the ceders as wbkh SCRA protections am based have no been amended to egret tee iarhu" dmk3 a( service. Fw 6emtcre, sane protoooa of the SCRA may esteu?l to peaces who has rectimd ceders to rarjsnN for active duty or to be sudocsed, but who have am aciualy be$ u active duty or ac w* rurpoded for le3acliua. The Last Tare as Active Doty tray is savoda t because a amber of pn*eo wen of SCRA eamerd bt} and bee last does dame agy Those who rrosid rely on ties OMAcatt we urged to seek quWikd kgai counsel to ensure that A sights gsara stctd to Service um ubers order 16e SCAR we protlecsed. WARN7NCr, lln eerhkale was provided based an aname and M prcnxW by the regneAer. Provi&W an raoneom name at S&N Win COMM as effewous carMcate to be provided Report ID 4WA'7'D(g77T 261535 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) vs. ) JEAN SISTI ) To: JEAN SISTI 1708 SHERWOOD RD NEW CUMBERLAND, PA 17070-1454 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5 831-CIV ILTERM 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 S DAVID J. AP TH 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