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Home My WebLink About09-6631Our File No.: 229125 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 AMERICAN EXPRESS BANK, FSB c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. VICENTE HUSENA 4537 WOODS WAY MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CA - 0(031 o'-"Jit ?XP4 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.: 229125 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 AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C. ) CUMBERLAND COUNTY 520 Fellowship Road C306 Mount Laurel, NJ 08054 ) NO.: O 9 - 6 G 3 Plaintiff, ) VS. ) VICENTE HUSENA ) 4537 WOODS WAY ) MECHANICSBURG, PA 17055 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS BANK, FSB c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are VICENTE HUSENA, an adult individual residing at 4537 WOODS WAY MECHANICSBURG, PA 17055. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS BANK, FSB, issued to Defendant(s), Account #3712-748083-31005. 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 $11,446.33. 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 $11,446.33 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney foglaintiff A Law Firm Enizaizddhn Debt Collection BY: Dated: 9/30/2009 David J. Our File No.: 229125 I J VERIFICATION David J Apothaker Esquire 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. 04 lating to unworn falsification to authorities. David J. Apot? Attorney for , Esquire DATE: 9/30/2009 ' f AMERICAN EXPRESS BANK, FSB VICENTE HUSENA 4537 WOODS WAY MECHANICSBURG, PA 17055 STATEMENT OF ACCOUNT Debtor's Name: VICENTE HUSENA Account Number: 3712-748083-31005 Balance Due: $11,446.33 Our File No.: 229125 EXHIBIT "A" 0 FILED-O : LE J-NOTARY 2009 OCT -S PH 3: 15 arts.5o Pb ATTf '" ZI470 Personatory Office Court of Common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 Subject: Case # 09-6631- My financial hardship To Whom It May Concern: This serves as an answer to the above summons. Our hardship has started in Oct of 2004 when the car I bought caught on fire while driving from Washington, DC back to PA due to faulty oil change done by Jiffy Lube in Carlisle. The only settlement I received for the lost was a $5,000 check. This has a huge financial impact. Our hardship took a devastating turn when 1 got unemployed for almost 3 months in 2008 and another 3 months in 2009. This translates to an income lost of $90,000. 1 am a freelance IT contractor. I was only able to get back to work on the 3rd week of March 2009. Only to find out the opportunities that are now available do not pay the same amount. On top of low contract rate, travel expenses are not covered anymore. This hardship forced me to be late in my monthly mortgage for almost 6 months. This hardship forced me to beg for a loan modification. This same hardship forced me to beg IRS to make a payment arrangement for the $12,000 tax I owed in 2008. 1 honestly believe I will beg IRS again to do the same for 2009 tax return. My family and I try to weather out the economic storm by tapping into savings which we wiped so quickly. I have been unable to get the unemployment benefit. We are a modest family, just looking to survive during this most difficult thine in our country and in our lives. We are no longer able to make both the mortgage payments and the current credit card payments and will have to consider bankruptcy if we cannot alleviate the unbearable load. We are up against a wall. We want to pay our debts but we just can't see how to do that and keep our home. We hope you can see our predicament and offer a possible pay off. We are appealing to your native magnanimity! Please consider this hardship letter and our request as an alternative to bankruptcy. Thank you very much! Sincerely, v Vicente F'Husena Jr. 4537*oods Way Mech icsburg PA 17055 AMEkA/C #: 3712-7480831005 1 Sheriffs Office of Cumbe R Thomas Kline Sheriff Ronny R Anderson Chief Deputy r .. -•. Jody S Smith Civil Process Sergeant OFT E `?,Y ?. ERIFF Edward L Schorpp Solicitor rland County FILED--iDi:RCE OF THE FP,O ?=nkIOTARY 2099 OCT 15 AM 9: 09 CLIl!?_: <{ u tllt"? PENNSYLVA,NPA American Express Bank, FSB I Case Number vs. Vicente Husena 2009-6631 SHERIFF'S RETURN OF SERVICE 10/0912009 04:51 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2009 at 1651 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vicente Husena, by making known unto himself personally, at 4537 Woods Way Mechanicsburg, Cumberland County, Pennsylvania 17055 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, looe, / ?a October 13, 2009 R THOMAS KLINE, SHERIFF Deputy Shariff OF cu M David D. BueCC ° '_ e;, Ienee X Simpson Prothonotary , a 15` Deputy Prothonotary zr Sofionage, ESQ Irene E. Morrow Solicitor 7750 2ni Deputy Prothonotary Office of the (Prothonotary Cumberland County, Pennsylvania O9—i0L3/ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • CarCisie, PA 17013 • (717)240-6195 • F'ax(717)240-6573