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Home My WebLink About10-2381i IN THE COURT OF COMMON PLEAS OF I - T'py CUMBERLAND COUNTY, PENNSYLVANIto 10 LVNV Funding LLC AS ASSIGNEE OF GE Capital CIVIL ACTION 15 South Main Street Greenville, SC 29601 Plaintiff VS. NO: 10 - a38( Ctvi t -Teriw Michael Martinez 5855 SPRING TREE CT ENOLA PA 17025-1183 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 4Qa.0o PQ Ar" &Y 5d9A & Igoasf 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. Michael Martinez 5855 SPRING TREE CT ENOLA PA 17025-1183 Defendant NO: COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 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 Michael Martinez (hereinafter "Defendant") is an adult individual residing at 5855 SPRING TREE CT ENOLA PA 17025-1183. 3. At all relevant times herein, Plaintiff was engaged in the business of debt pruchase and collection. 4. Defendant applied for and received a credit card issued by GE Capital with the account number 6044051104289655. 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, 6044051104289655, 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 October 11, 2007. 11. The principal amount was $$14,556.58 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 $14,556.58 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $16,143.05. 15. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,143.05 plus costs of suit and any other relief as the Court deems just and appropriate. 1? spectf illy submitted, Edwin A. Abr/am n Assoc. *Michael F. Rasquire Heather K. WEsquire Attorney I.D. 285/207805 120 North Kfser Ave. Scranton, P ,18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC GEM LOC FIXED PRIME , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. LVNV FUNDING LLC GEM LOC FIXED PRIME In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Civil Division vs. NO: 10-2381 Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Praecipe to Reinstate Civil Complaint Defendant : To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Reinstate the Civil Complaint. Thank you,, -ems r C w C.? hael F. Ratchford, Esquire Edwin A. Abrahamsen & Ass ciate , P.C. - Lawyer ID # 86285 e G Sworn and subscri ed before me on this day of 20 Lee erricone, Notary Public .???.o? ??C I/- r E PERRICONE CK4 i ? 7W FSCRANTON OTARIAL SEAL otary Public ublic !?' "' N TY. LACKAWANNA COUNTY sion Expires Ap r 2.2014 q(? 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~u~ti1r 0~ ~~tlti$r~~r$~~ f~ tur~_~rF, 4FC,~E s~F "~c s ~ RIFF ,:~~ ~,~.,r 3Q ~~ 11 ~ 19 LVNV Funding, LLC vs. Michael Martinez Case Number 2010-2381 SHERIFF'S RETURN OF SERVICE 08/16/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Martinez, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Allegheny County, PA to serve the within Complaint and Notice according to law. 08/19/2010 10:30 AM -Allegheny County Return: And now August 19, 2010 at 1030 hours I, William Mullen, Sheriff of Allegheny County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Martinez by making known unto himself personally, at 42 Mount Oliver Street, Pittsburgh, PA 15210 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuile Sheriff,. Teleosoft. Inc. ' ection sheet for Sheriff ~lliam P Mullen ALL .Sheriff PLAINTIFF : LVNV Funding, LLC DEFT : Michael Martinez EGHENY COUNTY SHERIFF'S DEPARTMENT 436 GRANT STREET PITTSBURGH, PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 GARNISHEE DISTRICT :District 11 ADDRESS : 42 Mount Oliver Street Pittsburgh, PA 15210 MUNICIPALITY/CITY WARD: Pittsburgh / 17 Originating County :Cumberland ATTY Name/ADDRESS : , PA ATTY PHONE TYPE OF SERVICE Joseph A.Rizzo Chief Deputy CASE t; :2010-2381 EXPIRES :9/7/2010 11:59:59 PM r SUMMONS/PRAECIPE r" SEIZURE OR POSSESSION ~ NOTICE AND COMPLAINT Page 1 of 1 8~«•eo ~' REVIVAL OR SCI FA INTERROGATORIES ~ EXECUTION -LEVY OR GARNISHEE OTHER ~ Personal ~ Person In charge ~"~ Deputize ~"~ Mail ~ Posted ~' Other ~ Seize & Stored ~ First Class Mail ~ Publication Service Address Direction Now I, the SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law "--Is the Sheriff instructed to take manual possession of the property? If "yes" bond in the amount of $ must be posted prior to levy." Seize I, ew. advertise and sell all the personal property of the defendant on the _premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIF 'S FFICE USE ONLY 1 hereby CERTIFY and RETURN that on the day of~ ~' 20~t o'clock, AM/PM. Address Above/Address Below, County of Allegheny, Pennsylvania 7~~ I hav served in the manner Described below: ~j efendant(s) personally served ] Adult in charge of Defendant's residence who refused to give name or relationship [ ]Adult family member with whom said Defendant(s) reside(s). Name & Relationship [ ] Manager/Other person authorized to accept deliveries of U.S Mail [ ] Agent or person in charge of Defendant(s) office or usual place of business. [ ] Other [ ]Property Posted Defendant not found because:[ ]Moved [ ] Unknown [ ] No Answer [ ] Vacant [ ]Other [ ]Certified Mail [ ] Receipt (]Envelope Returned [ ]Neither Recei t or envelo p pe; writ expired [ ]Regular Mail Why: You are hereby notified that on , 20_ ,levy was made in the case of ~ Possession/Sale has been set for 20 at o'clock YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30-9:30 A.M. ATTEMPTS / / / / ~~(/// Additional Costs Due $, This is placed On Writ when returned to Civil Division.Please check before Satisfying Case http://dcr.alleghenycounty.us/sheriffcases/DirectionSheet.asp?WritID=COMPL&SEQ=1 &... 8/18/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL DIVISION Plaintiff VS. Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 NO: 10-2381 C rn r.s 0 cwa c-? W -v S? C.) CD r rl Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $16,143.05. Notice of the intent to file a default judgment was served upon the Defendant on September 22, 2010. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." A. AbrAamsen M AssopK4es, P. PROTHONOTARY Michael F.?atchford, Esqui Attorney I. No.: 86285 / Attorney for Plaintiff JUDGMENT AND NOW, this day of A)e4, , 20L Judg nt is hereby entered in favor of the Plaintiff, LVNV FUNDING LLC and against the Defendant Michael Martinez in the amount of $16,143.05 for failure to respond to Plaintiff s Compla' t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff vs. Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Defendant CIVIL DIVISION NO: 10-2381 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: Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Date: November 5, 2010 Edwin A. Abrahamsen & Associates, P.C. Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 / LVNV FUNDING LLC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Defendant State of Pennsylvania County of CUMBERLAND SS: NO: 10-2381 AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): Michael Martinez 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): Michael Martinez is(are) older than eighteen years of age; That the employment status of the defendant(s): Michael Martinez is(are) unknown. Notary Public N(YfA; !AL SAL L - r. _RCPac t' Nc?ary SCRANT4N, UiiY LACKAYI;-.NNA COUNT`! My om?1Msio? Fxp!,c; Apr 2, 2014 EDWIN A. ABRAHAMSEN MICHAEL F. RA7CHFORD HEATHER K. WOODRUFF` ALSO A MEMBER OF FL BAR [(I 11 THE LAW OFFICE OF EDWIN A. A11PUIMNISEN & ASSOCIATES, PC NMI W.EAA-LAW.COM September 22, 2010 Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Re: LVNV FUNDING LLC v. Michael Martinez CUMBERLAND County Civil Action No.: 10-2381 Our file No.: R09-6444/TS Dear Michael Martinez: 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, Kevin J. Cummings, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KEYSER AVE SCRANTON, PA 18504 (P) 570.558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC : CIVIL ACTION Plaintiff : VS. : NO: 10-2381 Michael Martinez Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Date of Notice: September 22, 2010 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. Allegheny County Sheriffs 436 Grant St. #111 Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL ACTION Plaintiff : VS. NO: 10-2381 Michael Martinez Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on September 22, 2010 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: Michael Martinez 42 MOUNT OLIVER ST Pittsburgh PA 15210 Edwin A. Abrahamsen & Associates, P.C. BY: Michael e Ratchford, Esquire Attorney I.D. No.: 86285 Kevin J. Cummings, Esquire Attorney I.D. No.: 209660 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 Dec-08-2010 08:34:04 -k La Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MARTINEZ MICHAEL 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). rte 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 httt)://www.defenselink.mil/fag/-``pis/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 12/8/2010 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)(1) 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:1I6QSBQKBE https://www.dmdc.osd.mil/appj/scra/popreport.do 12/8/2010