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HomeMy WebLinkAbout09-6626Our" File No.: 213323 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apcthaker, -Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. Og-(. C2('0 Givit fe " GLENN R HERMAN 5169 E TRINDLE RD LOT 14 MECHANICSBURG, PA 17050-3658 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our` File No.: 213323 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) VS. ) GLENN R HERMAN ) 5169 E TRINDLE RD LOT 14 ) MECHANICSBURG, PA 17050-3658 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 6 6 14 Ito," CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are GLENN R HERMAN, an adult individual residing at 5169 E TRINDLE RD LOT 14 MECHANICSBURG, PA 17050-3658. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #A2009080339194; and said account was issued to Defendant(s) by CITIFINANCIAL, INC, 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 $7,010.53. 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 are 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 $7,010.53 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSO S, P.C. nti ydi Attorney for P A Law Firm Engaged ' Deb Collection BY: David J. A Dated: 9/28/2009 Our File No.: 213323 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 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 toti Q m falsification to authorities. David J. Apothak*, Esg1 Attorney for Plaintiff DATE: 9/28/2009 LVNV FUNDING, LLC GLENN R HERMAN 5169 E TRINDLE RD LOT 14 MECHANICSBURG, PA 17050-3658 STATEMENT OF ACCOUNT Debtor's Name: GLENN R HERMAN Account Number: A2009080339194 Original Creditor: CITIFINANCIAL, INC Balance Due: $7,010.53 Our File No.: 213323 EXHIBIT "A" Q FILED-OFFICE OF THE Pct*^NOTARY 2004 OC i -5 PH 3: 14 P NNS`Y LVAN;A $118.5o PO ATr/ CIS' I % to7 x314&5 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ????41n of iClUritil"t" 14 FILED--OFFICE OF T I 7i.?n",i'7TA,RY 2009 OCT -7 Pty 3: 22 Edward L Schorpp Solicitor LVNV Funding, LLC I Case Number vs. 2009-6626 Glenn R. Herman SHERIFF'S RETURN OF SERVICE 10/06/2009 06:42 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6, 2009, at 1840 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Glenn R. Herman, by making known unto Greg Evert, adult in charge, at 5169 E. Trindle Road, Lot 14, 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 Our File No.: 213323 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 vs. Plaintiff GLENN R HERMAN Defendant 1',9E PRO HONO TA R y 2012.! '. -9 PH 1: 42 CUMBERLAND COUNTY PENP"IS Y,LVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-6626 Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, LVNV FUNDING, LLC, and against Defendant, GLENN R HERMAN, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on December 29, 2009, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Balance: Less: Payments: Plus Interest from December 29. 2009 TOTAL David J. Apothaker, Esq. Attorney for Plaintiff $ 7,141.55 ( 4,150.00) 0.00 $ 2,991.55 uo\?. eke A Our File No.: 213323 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 080.54 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC vs. Plaintiff GLENN R HERMAN Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge lof the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu Judgment (Stipulation), on December 29, 2009, a copy of the Stipulation is attached hereto marked as Exhibit "A.". 3. Defendant breached this agreement by failing to make payments in accord with the terms ol'said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry ?)f Judgment in the amount of $7,141.55, giving the Defendant credit for payments made totaling COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-6626 $4,150.00, for a total of $2,991.55. ,I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the p71 ties of 18 Pa.C.S.A. §4904, relatingjto unsworn falsification to authorities. David J. A aker, Esq. Attorney for laintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: GLENN R HERMAN 5169 E TRINDLE RD LOT 14 MECHANICSBURG, PA 17050-3658 LVNV FUNDING, LLC Plaintiff vs.. GLENN R HERMAN Defendant NOTICE Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified Judgment has been entered against you in the above proceeding as indicated below. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF TT ln('X FXTT [] JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN ? JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRAT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker. Esc. at this telephone number: 215-634-8920 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-6626 n3' a Our File No.: 213323 APOTHAKER & ASSOCIATES, P.C. By: David.l. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. GLENN R HERMAN NO.: 09-6626 Civil Action Defendant 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 tie attorney for Plaintiff: and authorized to make this affidavit; that Defendant(s) resides at 51691E TRINDLF, RD LOT 14 MECHANICSBURG, PA 17050-3658. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209- 93, if the Defendant(s) is/are in a iy branch of the military. Mary M. Snavely-Dixon, Director of the Def se Manp er Data Center has sent bask our inquir,,- indicated that the Defendant(s) is/are not in th mili ry. David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understa d that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904. relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Status Report Pursuant to Servicememb Civil Relief Act Last Name: HERMAN First Name: GLENN R Active Duty Status As Of: Jun-29-2012 Results as of :.Jun-29-2012 11:05:25 3CRA 221 Active Duty Start Date Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duly VVI Nn 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Servica Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was: Notirr..V:1 0 a Future C,11-Up to Active Duty on Active Duty Status Date Order Notification Start Date Orde Notification End Dale Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the tatus of the individual on the active duty status date as to all branches of the Uniformed Services (,Army, Navy, Marine Corps, Air Force, NOAA, Public Healt , and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. i Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Dive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers 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 thd+ individual is currently on active duty" responses, and has experienced only 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 was on active duty for the active duty status date, 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: http://www.defenselink.mi1/faq/pis/PC09SLDR.htm1. If you have evidence the person was on active duty for the active duty st 3tus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521f c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual le Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for ctive duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty period less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active servic authorized by the President or the Secretary of Defense 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 positio in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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). 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 iot be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services p riods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). 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 s rvice. 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 ha a 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 th SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 8HQL915B38 1 .. t?'t.tF I L { .. Wi(:•1- Gam. ?'t!? ? ? .f?4t} 7 3 VVIPIA A I S M IN UM ?{ i(A)t AI ` ! i ,...wrti .trid X1,1, c, js)k coy 4`r.(l my he un Ww1 o ITt. Xhl hv"" 1 itj3c1W . . j I iii[ j_:A I`FD by and dot's"scri PU111111L I ?.'w?.. I ( rt?,?;y I hj I uA , WI IAN it I IFR ANN Ito IQ '€tla, --,- p,j ?.I;?? 15, N, -'? I .. v_ A 0t i , NO Al AH mK s?n sit -:,`Gw I1'..'lC ,.- Y 15, ..E11. Our file No.: 213323 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex pane, in the scam of 57,141.55, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to GLENN R IIE?RMAN by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm ngaged in Ibt Collection imkyfy F. Scian, Esquire GLENN R HERMAN \ta'4 /?