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HomeMy WebLinkAbout07-7351 Jour File No.: 80730 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 CROWN ASSET MANAGEMENT, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. SCOTT SHAFFER 726 ALLENVIEW DR MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07 - 17,&S 1 8v i I -?-crM 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. 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 demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar 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 tomara medidas y puede continuar la demanda 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 provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE 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 PARA 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, $sq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CROWN ASSET MANAGEMENT, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. SCOTT SHAFFER 726 ALLENVIEW DR MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6 7- 7 3 5 1 G-,, - CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CROWN ASSET MANAGEMENT, 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 SCOTT SHAFFER, an adult individual residing at 726 ALLENVIEW DR MECHANICSBURG, PA 17055. 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 $2,022.59. 4 i• 8. Although demand has been made, Defendant has failed to make payment of the amount due as r , above. 9. The original creditor is HOUSEHOLD. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,022.59 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Enga d n Debt Collection BY: David othaker Dated: 10/25/2007 Our File No.: 80730 VERIFICATION David J. Apothaker, Esq. 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 unworn falsification to authorities. DATE: 10/25/2007 Attorney for Plaintiff CROWN ASSET MANAGEMENT, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 SCOTT SHAFFER 726 ALLENVIEW DR MECHANICSBURG, PA 17055 STATEMENT OF ACCOUNT Debtor's Name: SCOTT SHAFFER Account Number: 5489555108382245 Original Creditor: HOUSEHOLD Balance Due: $2,022.59 Our File No.: 80730 EXHIBIT "A" ^' 0 O t. w_ ` ; . v b c? ) SHERIFF'S RETURN - REGULAR CASE NO: 2007-07351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CROWN ASSET MANAGEMENT LLC VS SHAFFER SCOTT SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHAFFER SCOTT the DEFENDANT , at 2045:00 HOURS, on the 13th day of December-, 2007 at 726 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to SCOTT SHAFFER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ,P./,20Jo 18.00 9.60 .00 10.00 .00 37.60 So Answers: R. Thomas Kline 12/14/2007 APOTHAKER & ASSO ATE By: Sworn and Subscibed to before me this day of puty Sheriff A. D. Our File No.: 80730 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 CROWN ASSET MANAGEMENT, LLC Plaintiff, vs. SCOTT SHAFFER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND CO TY NO.: 07-7351 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, CROWD ASSET MANAGEMENT, LLC and against Defendant, SCOTT SHAFFER, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on December 13, 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 January 15, 2008 and also attached hereto. • A Assess damages in the amount of: (a) Balance: $2,022.591 (b) Interest from October 25, 2007 $32.92 (c) Costs $116.10 TOTAL $2,171.61 APOTHAKER SSOCIATES, P.C Atto ey for Plaintiff A Law Firm ga ed in Debt Collecti? By: Davi Apothaker Dated: 2/1/2008 w 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 CROWN ASSET MANAGEMENT, LLC vs. Plaintiff, SCOTT SHAFFER Defendant. COURT OF CO CUMBERLAN NO.: 07-7351 Civil Action :AS OF 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) ?esides at 726 ALLENVIEW DR MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Manpower Dat? 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 r'the ns Manpower D to Center has sent back our inquiry indicated that the Defendant(s) is/are not ilitary. 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. I SHERIFF'S RETURN - REGULAR CASE NO: 2007-07351 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CROWN ASSET MANAGEMENT LLC VS SHAFFER SCOTT SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHAFFER SCOTT the DEFENDANT at 2045:00 HOURS, on the 13th day of December , 2007 at 726 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to SCOTT SHAFFER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Se Docketing Service Affidavit 18.00 9.60 .00 So Answers: - ? Surcharge 10.00 R. Thomas Kline .00 I 37.60 12/14/2007 APOTHAKER & ASSO A E?' Sworn and Subscibed to By: before me this day eput ? Sheriff / CAL of A.D. Our File No.: 80730 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 CROWN ASSET MANAGEMENT, LLC Plaintiff, VS. SCOTT SHAFFER 726 ALLENVIEW DR MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-7351 NOTICE OF INTENTION TO TAKE DEFAULT TO: SCOTT SHAFFER DATE OF NOTICE: January 15, 2008 IMPORTANT NOTICE You are in default because you have failed to enter a attorney and file in writing with the court your defenses or objecti against you. Unless you act within ten (10) days from the date of judgment may be entered against you without a hearing and you r important rights. You should take this notice to a lawyer at once. cannot afford one, go to or telephone the following office to find appearance personally or by to the claims set forth notice as set forth above, a lose your property or other you do not have a lawyer or where you can get legal help: CUMBERLAND COUNTY BAR ASS, Lawyer Referral and Information 800-990-9108 TION DAVID J. APOTH A Law Firm Engaged 2417 Welsh Road, Su'te Philadelphia, PA 191'4 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 ,R, ESQUIRE Debt Collection 21 #520 Request for Military Status i , Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 FEB-01-2008 09:43:08 Last Name First/Middle Begin Date Active Duty Status Service/Agency SHAFFER SCOTT Based on the information you have furnish d, 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 anpower 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. A 14. )(011to0j, MY, lot 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 D partment of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEE S) database which is the official source of data on eligibility for military medical care and other eli ibi systems. The Department of Defense strongly supports the enforcement of the Servi emembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailor ' 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 s all error rate. In the event the individual referenced above, or any family member, friend, or representati a asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections o 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 verificati n, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improve accuracy of DOB, a middle name), you can submit your request again at this Web site and we will pro ide 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: htW://www.defeRs-eiink-.-m-il-/-fa-q/-Pi-$/PC-Q9SLDR.html WARNING: This certificate was provided based on a name and Social Sec city number (SSN) provided https://www.dmdc-osd.mil/scra/owa/scra.prc_Select 2/1/2008 C 00 OFFICE OF THE PROTHONOTAI COURT OF COMMON PLEAS TO: SCOTT SHAFFER 726 ALLENVIEW DR MECHANICSBURG, PA 17055 CROWN ASSET MANAGEMENT, LLC Plaintiff, vs. SCOTT SHAFFER Defendant. COURT OF COMN CUMBERLAND C NO.: 07-7351 Civil NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are 1 been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAUL JUDGMENT IN JUDGMENT BY CONFES JUDGMENT FOR POSSES PLEAS OF notified that a Judgment has _ JUDGMENT ON AWARD OF ARBITRATORS _ JUDGMENT ON VERDICT JUDGMENT ON COURT JUDGMENT ON WRIT OF IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, F ATTORNEY David J. Anothaker Esa at this telephone number: 215, 02/i-108 AL CALL: Our File No.: 80730 APOTHAKER & ASSOCIATES, P.C. BY: Benjamin J. Cavallaro, Esquire Attorney I.D.# 307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CROWN ASSET MANAGEMENT, LLC Plaintiff, vs. SCOTT SHAFFER Defendant. .~ - - ~ , { .._, s.. ~...: vy ._^ _r .. _' :.~ ~ J : Z C g , ~. _ c~~ ~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07-7351 ASSIGNMENT OF JUDGMENT AND NOW COMES Benjamin J. Cavallaro, Esquire, Attorney for Plaintiff in the within matter, and hereby provides the following in support of an assignment of judgment: 1. Plaintiff obtained Judgment against Defendant in the sum of $2,171.61 on or about February 12, 2008. 2. Defendant made $0.00 in payments towards the judgment since the judgment date. 3. Plaintiff is the judgment creditor of record. 4. The last address of record for the judgment debtor(s) is 51 Keefer Way Mechanicsburg, Pa 17055. 5. Plaintiff hereby transfers and assigns all title rights and interest in the within judgment to the following: MIDLAND FUNDING, LLC 8875 AERO DRIVE SUITE 200 SAN DIEGO, CA 92123 6. Plaintiff hereby authorizes MIDLAND FUNDING, LLC to recover, compromise, settle and enforce the within judgment. Plaintiff hereby withdraws all rights and claims to the within judgment. ~q.soPnAn"y ~~(~u9 ~a~3a9~O APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm En~a~ed in Debt Collection BY: Benja~in`~ Cava~I~laro, Esquire Our File No.: 80730 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff COURT OF COMMON PLEAS OF CROWN ASSET MANAGEMENT, LLC ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 07-7351 SCOTT SHAFFER ) Civil Action Defendant ) CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on November 13, 2012, I caused to be served a copy of the Assignment for Judgment by mail on: SCOTT SHAFFER 51 KEEFER WAY MECHANICSBURG, PA 17055 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benjam' J. Cav llaro, Esquire ~>t~.~. o~ s~:~;l Grown: Asset Management, LLC.("Seller"), for v-aloe received and pursuant to.. the terms artd conditions ofAccauitt I'tizcl2ase Agreement ("Agreetneitt"), crated as of December Zi, 201 i, f~etu;eerr SeI[er and Midland Funding LZ.G ("B.uyer"j, does hereby self, assign and convey to Buyer; its successor and ass%~ns, all right trite and interest of Seller itt and to those Accounts described in the Agreerrient in the Final Accounts File; without recourse and without representations of, or warn-arity of; collectability; or otherwise, exce}~t to the exEent provided for within. the.Agreement_ For the purpose of.this _B.il_E of Sale, the Final Accounts File datz shall be December .2L, 201 i . Unless oih'er~vlse defined herein;. alI capitalized terms appearing in this Bill of Sale shall 1-ta~re tI°te meanings defined for'such-ter-izis in tl~e Agreement. Seller .represents arlei. warrants that; to Sellez 's .kno~~Iedge, all of the informal=ion contained in the Due Diligence 1-tcounts Fi-le, ttte chain of Title .F.ile anc! the Final Accounts File (collecti~~jely "teller's Acc_aittat Inforn~atioii`'}: (a} constitutes Seller's awn business reeards regarding the Accounts, together v~ith the- unadulterated electrotzic records of all Original Lendets end Pt•evi.ous Sellers regardrzxg the Accounts which Seller- relied upon. and .incorporated info its business records regardit7~~ the .Accounts; .and (6}. accurately °reflects in .all material respects the infor~t~artion. in Seller's database. The: Accouftt rnformatrari iii Seller's Account Infarmation was kept in the regular course of Seller'_s. f_~tisiness_. The Accottnt_ itt~ormation in Seller's Account lnfot-tnation. was made or compiled at ar near -the= time of the event and recat~ded by (or tfom infortrtation transn~titfed by) a:peTSOU (i) with k[iowledge of the data entered, into arid.-rrzazntained in Sell.ei~'s database, ot• (iij who caused the data~to~ be entered into.and maintained in Seller's database. It .is tIZe regular practice of Seller's business to rnartitain and coitZ~ile such data. To the best of Seller's knowled~e~and belief, rt.v~r~.s alsp the regular practice of the.©riginal Lenders. and Previous Sellers to maintain and compile soch data. EX;/CUTED this ~29`t' day of~Becember, 201 l . CIZO~rt~N ASSET~MAIVAG;/iv1ENT, LL-C $y: '"~' ~~~~ Brian ~VTliams, CEO MID~,AN 1?IJND .LLC By: Name:~ J' raridon Black 1`Tt[e: ~P esiclerit A~pr~v~c~ by Legal