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HomeMy WebLinkAbout07-5408r ~ Our File No.: 114887 APOTHAKFR & A6SOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. JOAN D BENSON & JILL D SUDEN 211 S 18TH ST CAMP HILL, PA 17011-5514 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. ~'7 - 540$ 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 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hate falta asentaz una compazencia escrita o con un abogado v entregaz a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaza medidas y puede continuaz la demands en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes paze usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO T1ENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 ~ ~ J APOTHAKER & ASSOCIATES, P.C. BY: David J' Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. JOAN D BENSON & JILL D SUDEN 211 S 18TH ST CAMP HILL, PA 17011-5514 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 4 ~ ,7`1 oP l~ ~~-- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is JOAN D BENSON & JILL D SUDEN, an adult individual residing at 211 S 18TH ST CAMP HILL, PA 17011-5514. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $4,367.55. .r ~ 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is CITIBANK N.A.. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,367.55 plus costs, and reasonable attorney's fees. APOTHAKER & AS OCIATES, P.C. Attorney r aintiff ~ ~ A Law Firm Eng ged i Debt Cohe'ction BY: David J. Dated: 9/4/2007 Our File No.: 114887 s .. VERIFICATION David J. Apothaker Esa 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 to unsworn falsification to authorities. Druid J. Apothaker Attorney for Plaintiff DATE: 9/4/2007 ~ .r LVNV FUNDING LLC ' c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JOAN D BENSON & JILL D SUDEN 211 S 18TH ST CAMP HILL, PA 17011-5514 STATEMENT OF ACCOUNT Debtor's Name: JOAN D BENSON & JILL D SUDEN Account Number: 4128003252493864 Original Creditor: CITIBANK N.A. Balance Due: $4,367.55 Our File No.: 114887 EXHIBIT "A" ~ ~ ~ _Q 0 ~, ' '4 c~ ~ 4 ~ ~ ~,{ ~ ~, -1 ,c..C -C rv sa ~, ~~' ~~C ~ ~ Cn ~ „t SHERIFF'S RETURN - REGULAR CASE NO: 2007-05408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LLVNV FUNDING LLC VS BENSON JOAN D ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BENSON JOAN D the DEFENDANT at 1355:00 HOURS, on the 1st day of October 2007 at 211 S 18TH STREET CAMP HILL, PA 17011-5514 JOAN BENSON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge lp/9'~ Olf~ Sworn and Subscibed to before me this of So Answers: 18.00 14.4 0 ~J~~ ~~_-~ 10.00 R. Thomas Kline .oo 42.40 10/04/2007 APOTHAKER & ASSOCIATES By . d~{~~ day D puty Sheriff A.D. ~ SHERIFF'S RETURN - REGULAR r • CASE NO: 2007-05408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LLVNV FUNDING LLC VS BENSON JOAN D ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SUDEN JILL D the DEFENDANT at 1355:00 HOURS, on the 1st day of October 2007 at 211 S 18TH STREET CAMP HILL, PA 17011-5514 by handing to JOAN BENSON, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 _ ;:~' Service / .00 ~~".a-°'` ~~;, Affidavit 19Ja~ . 00 7 ~r~'~'T _ Surcharge -p1p~ 10.00 R. Thomas Kline .00 16.00 10/04/2007 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: ~~~ ..~--- before me this day De uty Sheriff of A.D. Our File No.: 114887 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 LVNV FUNDING LLC Plaintiff, vs. JOAN D BENSON & JILL D SUDEN Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5408 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, LVNV FUNDING LLC and against Defendant, JOAN D BENSON & JILL D SUDEN, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on October O1, 2007 by the CUMBERLAND Sheriff s Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on, and also attached hereto. Assess damages in the amount of: (a) Balance: (b) Interest from September 04, 2007 TOTAL APOTHAKER Attorni A Law Firm En~ By: $4,367.55 $221.13 ~~i8 ~`~lS88. V8 -~- [AYES, P.C. Zti t Collection David J. Apothaker Dated: 7/8/2008 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JOAN D BENSON 211 S 18TH ST CAMP HILL, PA 17011-5514 LVNV FUNDING LLC ) Plaintiff, ) vs. ) } JOAN D BENSON & JILL D SUDEN ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5408 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, EscF at this telephone number: 215-634-8920 ~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JILL D SUDEN 211 S 18TH ST CAMP HILL, PA 17011-5514 LVNV FUNDING LLC Plaintiff, vs. JOAN D BENSON & JILL D SUDEN Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5408 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. A~othaker, Esq. at this telephone number: 215-634-8920 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, vs. JOAN D BENSON & JILL D SUDEN Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5408 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 211 S 18TH ST CAMP HILL, PA 17011-5514. 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 inquiry indicated that the Defendant(s) is/are not ~'_ Davil~ J. Apothaker Attorney for Plaintiff Data Center has sent back our The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215} 634-8920 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, JOAN D BENSON & JILL D SUDEN Defendant. vs. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5408 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 211 S 18TH ST CAMP HILL, PA 17011-5514. 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 inquiry indicated that the Defendant(s) islare not Manpower Data Center has sent back our military. David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-08-2008 06:34:44 `~. Last Name First/Middle Begin Date Active Duty Status Service/Agency SUDEN Jill D Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 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. Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA} (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. https://www.dmdc.osd.mil/scra/owaJscra.prc_Select 7/8/2008 ,Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-08-2008 06:27:09 '~ Last Name First/Middle Begin Date Active Duty Status Service/Agency BENSON Joan D Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. rt~rr~. ,cy.~,-c~,- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. 'This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: httn://www.defenselink.miUfa~/pis/PC09SLDR.htm1 WARNTNG: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7!8/2008 Our File No.: 114887 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. JOAN D BENSON & JILL D SUDEN 211 S 18TH ST CAMP HILL, PA 17011-5514 Defendant. N0.07-5408 NOTICE OF INTENTION TO TAKE DEFAULT TO: JOAN D BENSON & JILL D SUDEN DATE OF NOTICE: November 12, 2007 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 (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 /s/ David J. Apothaker DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 SHERIFF'S RETURN - REGULAR, CASE Nfl: 2007-Q5448 P CflMMC3NW'EALTFi 4F pE23NSYLVANIA: CpUNTY flF CUMBERLANp LLVNV FUNDING LLC VS gENSQ23 JOAN ''D ET .AL'' STEPHEN BENDER Sheriff ox' I~eguty Sheriff df Cumberland .County, Pennsylvania, whp being duly sworn acGOrding tcs law, says, the. within COMPLAINT & NOTICE was served upon BENSQN JOAN D .. .the DEFENDANT at Z3S5:OC1 HOURS, an the ~.st .day df October 2007 at 211 S 18TH STREET:. CAMP HILL ;PA 17:411-.5514 by handing to JOAN BENSflI~I a true and attested copy of COMPLAINT & NCITICE togetYier' with' and at the same time directing Hereattentian'to the contents thereof. Sheriff's Casts• So Answers: Docketing. 18,00 Service 14 .40 ,~c'~'r ~""`c.~' Affidavit .00 { Surcharge '10.00 R. Thomas Kline .04 42..40 10/04/2007 APOTHAKER & ASSOCIATES Sworn and Subsczbed to By: ,, ~, before me this day D putt' Sheriff Q~ A.D.' ~` SI~ERIFF' S RETURN - REGULAR CASE No: zaa~-ca~~a$ ~ COMM©AT~+IEALTH C3F PENNSYLVANIA. CC3UNTY CQF :CUMBERLAND LLVIdV FUNDING LLC VS BENSON JC)AN D ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland C°unty,Pennsylvania, who being duly sworn according to law, says, the within COMFLAiNT & NOTICE was served upon SUDEN JILL D the.. DEFENDANT at 1355:0 HOURS, an the 1st day of October 2Q07 at 2I1 S 18TH STREET C~;NIP HILL 1~A 1701].-5514 by :handing to JOAN BENSON... MOTHER a true and attested copy of CONiPLATNT & NOTICE together with. acid at the same ,tithe. directing Her attezition to the contents thereof.. Sheriff's Costs: So Answers: Doeketing 6.00 Service , 00 Affidavit 4 ~~ ~,,~~,,-~ ' ' .->~` '~r .,~ ~" ~ ~1 ~ ' , a Surcharge ' 10.Oa y , - .. ' --• -.~ .~ R. Thomas K1zne ~ "' .00 AP¢THAKER & ASSOCIATES Sworn and Subscibed to gy; ', r~ before me this da. Y „"'--"- ~ D e uty Sheriff of A.D. ~" ~' ~~ ",~' -„ 0 C <") , ~ ~ ~~ ~, ~.'" . ~ =w.. -~ ... _ .. ~. ~ ~ =~- . - ~ ~=, "T , ;,,~ :'~ :=:~ cxs