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Home My WebLink About10-7254Our File No.: 285866 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. JAMES CLIFFORD 2214 DOUGLAS DR CARLISLE, PA 17013 Defendant. FILED-OF~lCE ~F THE PRIITHONOT~R~ T~10 NQV 18 PH I ~ 0? cuMe~Rr_aNO eou~~T~ ~Er~NS~r~.var~~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. ~d ~~5~ 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 aze 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 ~ ~,.~ °~J .~aa a~ ~~3~~ ~Q~ a~i~o5 Our File No.: 285866 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. JAMES CLIFFORD 2214 DOUGLAS DR CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. /O ~ ~ ~ ~ `7 C cam! ~' CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601. 2. Defendant(s) is/aze JAMES CLIFFORD, an adult individual residing at 2214 DOUGLAS DR CARLISLE, PA 17013. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 3837; and said account was issued to Defendant(s) by CREDIT ONE BANK, NA, 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 $1,581.92. A true and correct copy of the total due and owing is attached hereto, made a part hereof and mazked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and aze 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 $1,581.92 and requests this Court awazd costs to the extent permitted by applicable law. APOTHAKER & CIAT , P.C. Attorney or ainti A Law Firm Eng ed ' D t Collection BY: David J. Apothem Esquire Dated: 11 /8/2010 Our File No.: 285866 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 rel it g to unsworn falsification to authorities. David J. Apot~iaker, Esquire Attorney for Plaintiff DATE: 11/8/2010 ~ # Y ' LVNV FUNDING, LLC JAMES CLIFFORD 2214 DOUGLAS DR CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: JAMES CLIFFORD Account Number: ending in 3837 Original Creditor: CREDIT ONE BANK, NA Balance Due: $1,581.92 Our File No.: 285866 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE xin of ?iUntrp ???? Sheriff OF THE PROTHONOTARY Jody S Smith Chief Deputy ` Q DEC 10 P Richard W Stewart CUMBERLAND? Solicitor T?E =`ERIFF °ENNSYUVANIA LVNV Funding, LLC Case Number vs. James Clifford 2010-7254 SHERIFF'S RETURN OF SERVICE 11/24/2010 09:30 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 0930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Clifford, by making known unto himself personally, at 2214 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. EPHE BENDER, DEPUTY SHERIFF COST: $33.40 November 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) GountySuite Shei?fP, Te.eo=oft, Inc. 4 Our File No.: 285866 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. JAMES CLIFFORD Defendant OF T14E VV T4Rtr 2 s1 JAN 24 PM 12; 53 CUMBERLAND COUNT y PE?? S J Ly7.SHIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7254 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JAMES CLIFFORD, in the default of an Answer, in the amount of $1,581.92 computed as follows: Amount claimed in complaint: $ 1,581.92 Less: Amount Paid: ( 0.00) Plus: Interest from November 8, 2010 to January 13, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 1,581.92 I certify that Defendant, JAMES CLIFFORD, l st own address is 2214 DOUGLAS DR CARLISLE, PA 17013. Dated: January 13, 2011 PW.'0/1/. GG i?A) 4Pk&,K, /57GaU AlWla David J. Apathaker, Esq. Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JAMES CLIFFORD 2214 DOUGLAS DR CARLISLE, PA 17013 LVNV FUNDING, LLC Plaintiff VS. JAMES CLIFFORD Defendant } COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7254 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 Our File No.: 285866 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. 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7254 JAMES CLIFFORD ) Defendant ) 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: January 13, 2011 Attorney for Plaintiff Our File No.: 285966 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. ) JAMES CLIFFORD ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7254 Civil Action 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 2214 DOUGLAS DR CARLISLE, PA 17013. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, 1 the Defendant(s) is/are in any branch of the military. // Marv M. Snavely-Dixon, Director of the Defense )o r Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in th ilit o David J. Apothak_ rr 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 oil' 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. D af13 a Maa soutr DataC Joaa-13-:411 0414,2 Mlitay Statue Report Pursuant to the Senicr Members Crud Rel-f Act . ?, last Fla Bap Dane Active Doty Steen Actira Doty F" Data Slwwkv At-W CLIFFORD JA ES Based on the i tonuaooo You base firnished, the M CDC does not G ss any xforamoon dcating the iar&si3d stereos. Upon searching the stop whoa data bwks ofthe Depauxat of Defense Marpower Data Center, based on the iformacuon that You Pr-ide(k the abolm is ib" arrest sGrtits of the indviduai as to al br? oft e Untamed Services, Amv. , Novy, .Llariae Corps, Ai Farce. P OAA, Pubic HeaW and Coast Guard). %AL May 313 SnaveFy-Diva Director Depatenent of D&wse - Manpemvt Data Cesttet 1600R sisem Bh-d. Suite 400) Arington VA 22209-2591 The Defers,- Mawo-er Data Ctom (Dh1DC) is an ngawaiian of the Departmew afDefirese teat mainums the Defense > amt and E) amity Repoding System (DEERS} database which is f c roffeial soars of data on y for naka y medical case and other ek *&v wAe m. "The DoD s3ron0y supports the enfiorcemrnt of the Service Members CM RadAct (554 USC App- §§ 301 et srs as r d) (SCRA) O+ Y known as toe Solders' and Sabrs' Civii ReLdAd of 1940r) _ D_XIDC has issued brmdreds ofdtousands of does not possess asy information iadcaegg loaf toe indnidmd is cwendy urn active duty' responses, and has rrperreaced a %nme cure rate. In the event the ind'ecieiral rrfereaced abo -e. or any family member; fiieud, or representative asserts in any maser that the =&vxkW is on active duty, at is advemise cubtled bo the protectinns of the SCRA, you are Won* encouraged to obta n fixter v'erficasoo of the parcoa s stop by caatac6ng Hatt person's 5trsice via tftt 'defmsei-m7" URL fists = ?cav mg?abi?P[r>u?i MW If 3vu hRve ccidraca dw person is on actfi-e Arty and you far to obtain dis additional Scnicc verffiealion, pamrtce pravffions of die SCRA nutty be i -o xd against you, Sur 30 U'SC App ¢531(c) V you obtain additional i i6rr wow about for person (e g, an SSN, improved accmwv c(DOO, a t eidcle raw), ycsa can subWA your request again at dhe Web site and we u-I prmidt a new certificate fur that qwn,- This tvww!se reGects active duty staters incrsdirtg deft the iaditvidual was last on ac6m dAy. lit wits vuibin The here 367 days. For historical i ibrmation- pkase caatwt the Service SCR A gqsaft-tom c t_ Atom Worwadon on Acdve 1 aqr Status" Active dray stain, as reported in this caa'ficatc is defined in accordance wain 10 USC § M 1(01) for at peruod of r orc d 30 consrcutitr days. In the case of a w mbrr of the -Naliooal Gum d, includes service udder a cal to activz service authorized by the Ptesideut or the Secretan° of Defew for* period of tmsre ttrm 30 owwWw day, uusder 3: USC § 5420 for puq>oRs of respoadtog to a nab emergency dedwrd by the President and supported by Federal funds A! Acti%v Gtmid Reserve (AGR) urmb,rs mint be asagued against an mrth mized mobikzafion position in the Unit they support This ucrides 'navy IAR-s-Marine Carps ARs and Coast Gus:d RpAs. Acts r Derr; std arse appiies to a Vnifocmed. Service mea*e7 %ho is an eve dow cuomv)issinaed cdkcr of dw V' TR c Reahtt Sersi:tt. or the 1 atassal O;earic and Atrrwspha k Ail ninistrat r (NOAtA Commissioned Corps) for aperiod of more Ilm 30 coasazuti, a days. C~c w indm lire SC°R4 is 3rod4er in Saw Caesars Cavwage under die SCRA n broader it some cases and inciides some categories ofpersons on active daffy far panposes ofth e SMA uiso a odd not be tepocted as out Active Doty wAu this cent rate. Marry bases orders are amended to extend de period of actrxe duty, wheda w•ouid emend SCRA prdectow, Persons seeking to rrdy on tom wrbsle eertdacabon should check to mare sure ttse orders on uh elt SCRA protections art based h>av-e not been arneaded to extend Ott »dusivt dates of venire. FurtItermore, some protections ofdx SCRA may "tend to persons who hese reedited orders to report for acthv dry or to be oductcA but who here not actually: begun active duty or actuary reported for induction l1w Last Date on Active Duty eubl- is important because a number of protections of SCRA extend br°ard die last dogs of active: arty Those who would rely on ibis certificate are urged to stet qnalified kgal counsel to eassar vitaR rigbls gamulted to 5ersiec tuembers under the $CRA are protected `4AR\'L G; Thos certificate was prodded based at a itu and SSN provided by the t ? Pivvi as tuawram mtme a SSN* wil cause an enurow cert4cate to be p[ovdeth. Report 1D-3C7SK3?GM7A 285866 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) vs. ) JAMES CLIFFORD ) To: JAMES CLIFFORD 2214 DOUGLAS DR CARLISLE, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7254 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 Date: December 22, 2010 BAR I DAVID J. AP THA ER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 r Defendant.. Our File No.: 285866 APOTIIAKER & ASSOCIATES, P.C. R1': D~~vid .I. Apothaker, Esquire Auornev I.D.# 38423 520 Fellowship Road C306 tilount Laurel, NJ 08054 (80Cr) 672-021 Attorney for Plaintiff L~'NV I~UND[NG. LLC Plaintiff, vs. JAMES CLIFFORD r 1 t i ~ -1 ". P, _- t r, , ~ ni 3 i f~l) 4VV3-$! COURT OF COMMON PLEAti CUMBF,RLAND COUNT' NO. 10-724 PRAECIPE TO MARK JUDGMENT SATISFIED ~hO TIIE PROTHONOTARY: Please mark the Judgment Satisfied against the Defendant. Judgment has been paid in null. APO~fHAKER ~~ttor e}~s A Law Firm ns?a~ II~II~~~IIINIUIUI~N~~I'~~'~NN~ SOCIATLS. P.C. Plaintiff in Debt Collection r, Esquire lJ~ n C~.~ 3(~t 3~~~ ~~ ~ ~~. ~ ~