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Home My WebLink About09-6526A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC AS ASSIGNEE OF GE Capital CIVIL ACTION 15 South Main Street : Greenville, SC 29601 Plaintiff VS. NO: OQ - (vSoZ(o 0,1V i I -Fork Richard Richardson 118 WILLOW MILL PARK RD MECHANICSBURG PA 17050 Defendant NOTICE TO DEFEND 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 to Defend are served, by entering a written appearance personally or by an 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 1 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC AS ASSIGNEE OF . GE Capital CIVIL ACTION 15 South Main Street Greenville, SC 29601 Plaintiff vs. NO: Richard Richardson 118 WILLOW MILL PARK RD MECHANICSBURG PA 17050 Defendant COMPLAINT Associates, P.C., complains of the Defendant as follows: Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & 1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff") is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Richard Richardson (hereinafter "Defendant") is an adult individual residing at 118 WILLOW MILL PARK RD 17050. a 9- 4sWG b";J ? - MECHANICSBURG 'PA 3. At all relevant times herein, Plaintiff was engaged in the business of debt prubhase and collection. 4. Defendant applied for and received a credit card issued by GE Capital with the account number 5466801115270289. 5. The within account was sold by GE Capital to LVNV Funding LLC for valueable consideration and all rights under said accounts were assigned to GE Capital 6. Use of the GE Capital credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from GE Capital, and will be provided upon receipt. 7. Defendant used the GE Capital credit card with account number, 5466801115270289, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the'terms and conditions contained therein. 8. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent on April 2, 2007. 11. The principal amount was $$7,919.00 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 6%. 13. The principal amount was $7,919.00 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $8,782.06. 15. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees. G WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $8,782.06 plus costs of suit and any other relief as the Court deems just and appropriate. submitted, Michael F. Ratchford quire Heather K. Woo , Esquire Attorney I.D. Nos 6285/207805 120 North Keys Ave. Scranton, PA 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC JC PENNEY DUAL CARD , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. Q RY 478.5o PD AITI 0,01 W ,?Ziaiy Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ??ti?1??, qt 4?riubrrhr? S FILED-OFFICE OF THE R-7c`i'" r"RJbTARY 2009 OCT -7 PH 3: 22 CIr1P,? ,, ??-n. Edward L Schorpp .'L`r Solicitor LVNV Funding, LLC Case Number vs. Richard Richardson 2009-6526 SHERIFF'S RETURN OF SERVICE 10/06/2009 07:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6. 2009,at 1950 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Richardson, by making known unto Richard Richardson personally, at 118 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, October 07, 2009 R THOMAS KLINE, SHERIFF De uty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC JC PENNEY DUAL CARD Plaintiff VS. Richard Richardson Defendant CIVIL DIVISION NO: 09-6526-CIVIL TERM PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $8,782.06. Notice of the intent to file a default judgment was served upon the Defendant on November 03, 2009. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." . Abrahamsen & Associates, P.C. Michael F. Ratchford, Attorney I.D. No.: 8 Attorney for Plaintf'' AND NOW, this a3'd day of _"V_, 20o7, Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $8,782.06 for failure to respond to Plaintiff s Complaint. PROTHONOTARY Arj J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC JC PENNEY DUAL CARD Plaintiff : VS. Richard Richardson Defendant CIVIL DIVISION NO: 09-6526-CIVIL TERM CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Richard Richardson 118 WILLOW MILL PARK RD MECHANICSBURG PA 17050 Date: November 19, 2009 Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Attorney I.D. No.: 86,' 120 N. Keyser Av Scranton, PA 1 4 (570) 558-5 LVNV FUNDING LLC JC PENNEY DUAL CARD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. Richard Richardson NO: 09-6526-CIVIL TERM AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS Defendant AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): Richard Richardson is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): Richard Richardson is(are) older than eighteen years of age; That the employment status of the defendant(s): Richard Richardson is(are) unknown. EDWIN A. ABRAHAMBEN MICHAEL F. RATCHFORD HEATHER K. WOODRUFF' 'ALSO MEMBER OF FL BAR 131 THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW.EAA-LAW.COM November 3, 2009 Richard Richardson 118 WILLOW MILL PARK RD MECHANICSBURG PA 17050 Re: LVNV FUNDING LLC JC PENNEY DUAL CARD v. Richard Richardson CUltll(3ERLAND County Civil Action No.: 09-6526-CIVIL TERM Our File No.: R09-1785/ Dear Richard Richardson: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Heather K. Woodruff, ire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 1 20 NORTH KEYSER AVENUE 0 SCRANTON, PA 1 8504 0 (P) 570.55B.551 0 • (F) 570.558.551 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC JC PENNEY DUAL CARD CIVIL ACTION Plaintiff : vs. Richard Richardson : NO: 09-6526-CIVIL TERM Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: Richard Richardson 118 WILLOW MILL PARK RD MECHANICSBURG PA 17050 Date of Notice: November 3, 2009 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC JC PENNEY DUAL CARD CIVIL ACTION Plaintiff : vs. NO: 09-6526-CIVIL TERM Richard Richardson Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on November 3, 2009 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Richard Richardson 118 WILLOW MILL PARK RD MECHANICSBURG PA 17050 Edwin A. Abrahamsen & Associates, P.C. BY: D Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 Heather K. Woodruff, Esquire Attorney I.D. No.: 207805 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-20-2009 08:50:04 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency RICHARDSON RICHARD Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ow? 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 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL htti)//www_defenselink_mil/facilpis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/20/2009 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(l) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:68OUECSA7J https://www.dmdc.osd.mil/appj/scra/popreport.do 11/20/2009 11.E'0-01=?Iccl OF THE PR0-rl '0N'0TAJRY 2009 NOV 23 PM 1: 5 3 CUiJ ,: .I„'l T)" $14..00 P? AT" O,V-* x847 qj+ x34008 I.?cskc?. ?? LVNV FUNDING LLC JC PENNEY DUAL CARD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. Richard Richardson . NO: 09-6526-CIVIL TERM Defendant NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ 8, %8a . D(o on 111,13107 By: s Ia.- 2 - " D6:6 If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)