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Home My WebLink About10-7293~l~EO-a~~lcE QE THE PRa7NOr~oTARY Our File No.: 286122 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 2q i 0 hEQY 19 PM 4 ~ ! 3 CUMBERLAND CQUHTY PENNSYLVANIA LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. MICHAEL WHEELER 1120 W TRINDLE RD MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. IV-~~3 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 aze served, by entering a written appeazance 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 ~ ~ a~ k~~ as ~~ ~ Our File No.: 286122 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. MICHAEL WHEELER 1120 W TRINDLE RD MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ra~ 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 MICHAEL WHEELER, an adult individual residing at 1120 W TRINDLE RD MECHANICSBURG, PA 17055. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 2069; and said account was issued to Defendant(s) by GE CAPITAL/LOWE'S, 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 $1,584.57. 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 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 $1,584.57 and requests this Court awazd costs to the extent permitted by applicable law. APOTHAKER & A~S CIATES, P.C. Attorney f¢r aintiff A Law Firm Enaas~d ' Debt:Collectio~ BY: David J. Apot~iaker, Esquire Dated: 11 /8/2010 Our File No.: 286122 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 aze 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 ~o unsworn falsification to authorities. David J. A ,Esquire Attorne r Plaintiff DATE: 11/8/2010 LVNV FUNDING, LLC MICHAEL WHEELER 1120 W TRINDLE RD MECHANICSBURG, PA 17055 STATEMENT OF ACCOUNT Debtor's Name: MICHAEL WHEELER Account Number: ending in 2069 Original Creditor: GE CAPITAL/LOWE'S Balance Due: $1,584.57 Our File No.: 286122 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson `= ?s , --r Sheriff CD ?l^ at 4?rurt, ? ?m = - -r1 ? Jody S Smith `jd ,, t 7 m Chief Deputy -C? C'? S cF Richard W Stewart r MW Solicitor s X ) > 25 C 7 LVNV Funding, LLC vs. I Case Number Michael Wheeler 2010-7293 SHERIFF'S RETURN OF SERVICE 11/23/2010 05:10 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2010 at 1710 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Wheeler, by making known unto herself personally, at 1120 W. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. r VALERIE WEARY, PUTY SHERIFF COST: $37.00 November 24, 2010 SO ANSWERS, 4" RON R ANDERSON, SHERIFF :r Ceu.?•:,Su;.te $he.df. Teieoscft. %, ,... Our File No.: 286122 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. MICHAEL WHEELER Defendant FILCO-OFFICE OF THE I, O T VMNOTARY 2 11 JA 24 PM 12: 5; 0 CUMBERLAN10 COUNTY PENINSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7293 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, MICHAEL WHEELER, in the default of an Answer, in the amount of $1,584.57 computed as follows: Amount claimed in complaint: $ 1,584.57 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 $ 1,584.57 I certify that Defendant, MICHAEL WHEELER last own address is 1120 W TRINDLE RD MECHANICSBURG, PA 17055. David J. Apotlaker, Esq. Attorney for Plaintiff Dated: January 13, 2011 06 Al? ?4P ,fir OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHAEL WHEELER 1120 W TRINDLE RD MECHANICSBURG, PA 17055 LVNV FUNDING, LLC Plaintiff vs. MICHAEL WHEELER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7293 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.: 286122 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.: 10-7293 MICHAEL WHEELER ) Civil Action Defendant ) 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.: 286122 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. ) MICHAEL WHEELER ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7293 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 1120 W TRINDLE RD MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Manpower Data enter, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-259 , I the efendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defen je Max i?ver Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in a mi arv. 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. i Depuatule t eft 4lanpo" Data Cesder J11043-2011 M.41 M ku y Starts Rgpart Pursuad to the Service Members CNI Relief Act Ykv0SGA& $es$a Data Active 9euvise '_udaaru Duey States Acme DamT Ed DaM XkWEELER MICHAF1 Based oa *e iformntionyou ba %v tarnished. the DMDC does rat possess an_: iron, indltcaung the IDdivddmal status. UP- -d-9 the ifti sewn data banks of the D epartineit of Ddwk Nlmtgao*xer Data Ceuta. based an aie xj=abon *M yvoe Provided, due abme is the carnet status of the is&-AW w to alp bratrcltes of *e Utt6nrmed Srnices (Aran), NM-y, Marine Carps, Ai Farce, NOAA, Public Heakh, and Coast Guard). Mary NI, Sam*-Dixon, Director Departs wa of Defeasc - Maripovw Data Center 1646 Wilson Wd, Suite 440 Arfmgtoq VA 22209-2593 The Defter Marfower Bata Canter (DHDC) is an organization of dx Depa wient of Defense that muftess the Defease Enrabunt and FIVW Repo" System (DEERS) database uiach is the offing source of dabs as elgibility for m&*v mec" care and ot6a ei@biiay systenss, The Del sinmgQ , supports the enfarcourar of the Service Members CM RrW Act (50 USC App- 501 et sr% as amencled) (SCRA) Oxwerty known as the Sotarrs' and Ss ilm' CM RddAct of 1940)_ D1 S X has kvied lamdrcch of 6munds of 'does no possess toy i6xvi too io3ramieg *at din mdrvrdlal 6 cur Ludy on active dreg' responses. and has eveai aced a smaD error Fete. In $e nant the n:kidad referenced abme, or an famiy member, 6iemi or represenusii v asserts oa my menu dust Jhe udsulual a on active duty, or is othemisc c btkd to $e pratectims of the SCRA, rva are stuoe& encouraged to obtain gslher ver6caoao of the persoo's sty by contacting dust priori s Service via tbe'd akmC 1,`R1. "asvu drfesusd_mik'faohais;?D?s Tt?u k?e1 t you ha v evidearce the parrot is on active dray and you W to obtain 4*5 eddy Service ve d&afim punitive provisions of the SCRA may be irn oked agansi you- Sec 50 tiSC App. §521(c)_ Wpon obtain addiaicow k& madoa eb" the person (e g , an SSN, improvYCl accuracy of DOB, a mid& same), you ran nubrrut }tots request again at dis Web site and we wii provide a new certificate for shat query, 'flies response f4ects active dulF states "ding date the O&idtral was 149 on aC&C dim fit W" R*inthe precedi* 367 days. For historical irfermatioo, please ccmtact the Senice SCR4 poems-of-eoetact. M- *Allrmtian on "Active D%• Sratm - Activr duty stae$ as reported a this certificate is defined in accordance with 10 t; SC § 101(d)(1) for a period of n fe dan 30 COIlle+ 60C days 10 the cast of a member of the NatsotiaL Gard, wh des service under a ca to active sm-re ar>ehoruzed by die Fraidmatr I the Secretary of Defeust for a Period of more than 30 coriwu rte days under 32 C: SC § 502(f) fat purposes ci resppadiagto a national eumermy declued by due President and supported by Federal fvxris AN Active CkwdR m rve (AGR) members muss be assigned against as mA"ized Q ioZion position in she rnud they sutppari. This incUes Navy TARS, .-NLffine Caps ARs and Coat Guard RPAs Acm a Duty status also applies to a Unformed Sane member a bo is an acfve duty commissioned , a$rcer a the i." S Pr4)1ir Heakb Senice or the * amt Oceaxic and Aunaspheric A.4,n"Uradar+{'.vIOAA CarranessianedCarps)fx aPaW fmcac than 30 consecatr, e da° s_ Cie UlukrAe SC`FL4 itAPO AAP in Some Cafes Coverage under the SCRA it broads is scene cases and mcisdes some categories afpersons on active dory for purposes cfthe SCRA *tso w,lodd not be reported as an Arta c Duty wider this cexti6cale. M= tones orBas are amnrded to a znmd the period of actiF a duty, id ch watild stead SCRA potectians. Persons, sraaag to rem on dks website certification should check to make sure the Orders an ahoch SCRA protections use bass have no been ammaded to catead me iodasive dates of service. Furtbramore, some protections of dm SCRA may extend to persons wbo have received orders to report for am-r airy or to be inducted, but who hm-c not aetualy begin active duty or annual) reported for aduceon. The Last Date on Actnt Duty entry is unportant because a number tf pcokclioas of SCRA extend be5r tie l rites of active date Those alto mould Fey on this cer ficate are urged to leek qualified legal comsel to easme diem al tights guaranteed to $etvtor members under the SCRA art protected tt'ARNZtiG. Ibis catfieaae was provided based on a name and SS34 Provided by the roquesttef: Providing an emaneomi name or SS.'. wdl cause an erroneous cat6cate to be provided Report R> TAMMGI #' 286122 y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC vs. ) MICHAEL WHEELER ) To: MICHAEL WHEELER 1120 W TRINDLE RD MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7293 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 15, 2010 BAR DAVID J. APO HA 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