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HomeMy WebLinkAbout14-6960 Supreme Court.of Pennsylvania Co>><��:_;of 61iiIii'631 Fleas :iTi°°ll coverSheet ForProthonotart- L:5e Onlr: CUMBE+RI,A ND C01111t . Docket No: J -7— ob em The h for?nafion collected on, this,forin is nsed solely foi-cow-t admisiisnwtion p-aposes. Thisfibrin does not sdtppieinent or replace the fling and service ofpieadings or otherpapers as r°eanired lip lmt,or roles o,f cortrt. S Commencement of Action: E ®Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: T LVNV FUNDING,LLC STEPHEN DEMAIO I Are money damages requested? ® Yes El No Dollar Amount Requested: ®within arbitration limits 0 (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates,P.C. ❑ Check here if you have no attorney(are a. Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PJU MARY CASE, If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ®Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S Include mass tot-t} El Employment Dispute: Discrimination E [:] Slander/Libel/Defamation r_1 Other: El Employment Dispute:Other ❑Zoning Board T, ❑ Other: ❑ Other: 4 MASS TORT N ❑ Asbestos ❑Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑Toxic Waste ❑Eminent Domain/Condemnation ❑Declaratory Judgment $ ❑ Other: ❑ Ground Rent ❑ Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑Partition ❑Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑Dental ❑Other: ❑ Legal ❑Medical ❑ Other Professional: Updated 1/1/2011 f:lL ED-11 F F1E THE Our File No.: 386527 J 0% APOTHAKER &ASSOCIATES, P.C. [ NOV 2 6 Aki i I: -59 BY: David J. Apothaker, Esquire Attorney I.D.#38423 UM"IBER AN 520 Fellowship Road C306 P E N lel a Y LVA N'i f Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) COURT OF COMMON PLEAS 55 BEATTIE PLACE SUITE 110 ) CUMBERLAND COUNTY GREENVILLE, SC 29601 ) NO.: Plaintiff, ) vs. ) STEPHEN DEMAIO ) 423 W MAIN ST ) MECHANICSBURG, PA 17055-3242 ) Defendant. ) 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 1(-S.'IS PO ATT Our File No.: 386527 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 ) COURT OF COMMON PLEAS 55 BEATTIE PLACE SUITE 110 ) CUMBERLAND COUNTY GREENVILLE, SC 29601 ) NO.. Plaintiff, ) vs. ) STEPHEN DEMAIO ) 423 W MAIN ST ) MECHANICSBURG, PA 17055-3242 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 55 BEATTIE PLACE SUITE 110, GREENVILLE, SC 29601. 2. Defendant(s) is/are STEPHEN DEMAIO ("Defendant"), an adult individual residing at 423 W MAIN ST, MECHANICSBURG, PA 17055-3242. 3. Plaintiff is the Assignee and Successor in Interest of a credit account ("Account"). 4. The Account number ends in 1020. 5. The Account was issued to Defendant by Wells Fargo Bank, N.A./WACHOVIA - REGULAR, the original creditor. 6. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6 7. The account is in default due to Defendant's failure to make timely payments. 8. Although demand has been made, Defendant has failed to make payment of the amount due. 9. The amount due as of this date is $8,624.59. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of$8,624.59 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE &ASSOCIATES, P.C. Att e for Plaintiff A Law Firm nga ed in Debt Collection BY: David J. A a r, Esquire Our File No.: 386527 386527 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and accurate to the best of my knowledge, information, and belief. APOTHA & ASSOCIATES, P.C.�..- A to ey for Plaintiff A Law Firm E gaged in Debt C 1 eI ction BY: David J. thaker, Esquire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �r �� tF�i Sheriff r. J D� w: w vi ti.uufa, Jody S Smith Chief Deputy Richard W Stewart Solicitor THE; $1.4.ERIFP DEC 15 PM 3: 73 CUMBERLAND COUNTY PENNSYLVANIA LVNV Funding LLC vs. Stephen Demaio Case Number 2014-6960 SHERIFF'S RETURN OF SERVICE 12/09/2014 07:48 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Stephen Demaio at 423 W. Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 SO ANSWERS, December 10, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc. ty0v fv,gtn) t -A -C SA-epLeA,DeI1.co COQv\ ecA 5 O -C (v.4110c- (ckt4J coot., CIU \ - LCLJ Lc4a-- 54 C No N 69 60 C firr- ( 5 -40 (-) +1,c,,A-- r (31\1 (Ai picc- -ftC FO cM 4-c-s+c I°k u 5 . 14v VrJ P(41," 53 (cI L.--ity -1-6, 4 yzi- atC3F ercci- Gee 5 h ov, ( Covirl LA" cc. )