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Home My WebLink About10-3528Supreme Court of Pennsylvania Court of Cointupn Pleas Civil Comer S eet C(MBERLA D County For Prothonotary Use Onli, Docket No. i b -3,5x8 CivilS'i TE 26 A111: 5l The information co.'!t? `cd on this farm is used solely, or court administration pu sasC,# y fc?"n dp&t? supplement or replace the filing and sen se of pleadings or other papers as required by 1mv oeiakW 6ftbk6A A Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) ? Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: B Commencement of Action: ® Complaint ? Writ of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ? Declaration of Taking Lead Plaintiff's Name: LVNV FUNDING, LLC Lead Defendant's Name: EUGENE BERKHEIMER ? Check here if you are a Self-Represented (Pro Se) Litigant Name of Plaintiff/Appellant's Attorney: Apothaker and Associates, P.C. Are money damages requested? : ® Yes ? No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? ? Yes ® No CONTRACT (do not include Judgments) ? Buyer Plaintiff Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ? Mortgage Foreclosure ? Partition ? Quiet Title ? Other: Pa.R.C,P. 205.5 CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ? Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus ? Non-Domestic Relations Restraining Order ? Quo Warranto ? Replevin ? Other: 212010 0;4r File No.: 243868 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ, 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, VS. EUGENE BERKHEIMER 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342 Defendant. 1-1, 40 All 1J r COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. JD - 358 CNOTICE 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 O #ga.oo p b ATr,1 ? l8187q aya -7113 Ottr File No.: 243868 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C3Q6 Mount Laurel, NJ' 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. EUGENE BERKHEIMER 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601. 2. Defendant(s) is/are EUGENE BERKHEIMER, an adult individual residing at 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #1150100819491; and said account was issued to Defendant(s) by CITIBANK/SEARS, 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 $1,418.62. 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 $1,418.62 and requests this Court award costs to the extent permitted by applicable law. Dated: 5/19/2010 APOTHAKER & ASSOCIATES, P.C. Attorney fodl 'ntiff A Law Firm Enizaae in ebt Collection BY: David J. , Esquire Our File No.: 243868 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 relates- unworn falsification to authorities. David J. A othaker, Esquire Attorney or Plaintiff DATE: 5/19/2010 IL LVNV FUNDING, LLC EUGENE BERKHEIMER 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342 STATEMENT OF ACCOUNT Debtor's Name: EUGENE BERKHEIMER Account Number: 1150100819491 Original Creditor: CITIBANK/SEARS Balance Due: $1,418.62 Our File No.: 243868 EXHIBIT "A" A ?= °!..FO-OFFICE t h Y''- C ? HONOTARY Our File No.: 243868 APOTHAKER & ASSOCIATES, P.C. 1'.' 10 S7 21 By: David J. Apothaker Attorney I.D.# 38423 ;13, -?-? COUNTY 520 Fellowship Road C306 'S Y ` Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 10-3528 CIVIL TERM EUGENE BERKHEIMER ) Civil Action Defendant ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, EUGENE BERKHEIMER, in the default of an Answer, in the amount of $1,441.89 computed as follows: Amount claimed in complaint: $ 1,418.62 Less: Amount Paid: ( 0.00) Plus: Interest from May 19, 2010 to September 14, 2010 at the legal interest rate of 6.00% per annum 23.27 Attorney fees 0.00 TOTAL $ 1,441.89 I certify that Defendant, EUGENE BERKHEI E last known address is 1550 WILLIAMS GROVE RD LOT 58 MECHANICSB G, A 170-5342. Dated: September 14, 2010 David J. Apothaker, Esq. Attorney for Plaintiff .,14.oo PO ATr4 c4' acoe(l aq8 5(05 Kotiee " OFFICE OF THE PROTFONOTARY COURT OF COMMON PLEAS TO: EUGENE BERKHEIMER 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342 LVNV FUNDING, LLC Plaintiff vs. EUGENE BERKHEIMER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3528 CIVIL TERM Civil Action } NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215 4 4 ,to Our File o.: 243868 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 EUGENE BERKHEIMER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3528 CIVIL TERM Civil Action CERTIFICATION PURSUANT TO RULE 2371 Pursuant to PA Rule Civil Procedure 237.1,1 certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. David J. Apothak , Esq. Attorney for Plaintiff Dated: September 14, 2010 Our File No.: 243868 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 EUGENE BERKHEIMER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3528 CIVIL TERM Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 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) resides at 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342. We inquired with the web site of the Defense Manpower Data 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 Defense a wer D Center has sent back our inquiry indicated that the Defendant(s) is/are not in th milit David J. Apothake3Zsq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. eafocksStM mp*wft Set C'ea r 5,ps-14-201003:03_17 Run Pa mad to tw Ser%ke Membe-s Cv%ii ?Reek Act -K Last Name VkvvVM& $*& Date Active Doty Status Actisr Darr Ed Doe Sersree Y Based oa the isfamnwo yon ham furnished, the DNMC does Want t sets my imftx=6cm ER1tHE?\iER EC'G vE indicaoMO the in&idrrat status. Upxa searching the itfonumb n data barks of the Deparunetat of Dtfemse 1: wowerr Dom C'eraet. based ou the iri"ormAboo yen pra+rKK tt?- abme is the curreta emus of the iadnidual w to all branches of the L;tafxmied Sertiic es (Azarr, N a T, Mmine Corps, Air Face, NOAA. Pubic HrWtk and Copst Cmmd) fmty A k*4-4 4*101- '4iar5''_tt Sw-h--Dint, Deector Depaft3ed of Ddeme - tompowee Data Camier 11> O WdsomBh*d, Suke4$)0 AAmV, ,, VA 22209-2593 Ttx Defense M inot Data C.t (DNU)C) a as orgerkawa of dw Diu die drat times due I'f efdse Erraira nt and EligtW Rganrhm System ( S) Adabmc which ss dre offichi source of dsta an foe skxv medied case and eftet eigbity system Ttic Dorf s f supparu dw ent'earcrmetdof the Service Merahers t,kA ReWAd (50 GSC App- §§_401 et se% as MnmUk+d) (SC'RA) (f'crmerfy knnun as the Sotdtets' and Sa3ors' Ci 4 Rew Act of I940). DNU)C hiss issued htmdre& ofd of 'does ear possess any irfatmretiart cdtcatiog that the iodnidtml is cvretaty oa ective duty' respomses, and bas experienced a errcx rate to the c% at the it>dni&W referenced abm-e. w my fmu i n=vber, &ietd, or rtpmvr;tativ-r as setts in soy manner that the imdr6&A is on wtr+c dots, or m odiemise ftWed ta} the proteetkus of dc-- SCRA, --vv are strough rocauaged to obtma find r v=er6cahm of the persoa`s sttatts by comtac6ng drat person s Service via rho 'deleasefivk r VRL btm. 'a'svxn defmefmk C09SLDRhmi Itirov hmY ecidemce the persaais at wive der: and ymfm to aG #id ¦d3aoaal Service car dcatiam p otm-c prrnvww ofthe SCRA may be ickoked agamst you. See 50 USC App_ 152 1 fcI- If i ou ebtmim add6naal aaf«atmataom *bow the person (e g, an SSN, i wmvd accuracy o(AC1Pl, a= isle aerate): grog can xke * Your retpese again at this WAD, sAr and we w4 p rmide a WW csti6catr fix dki query. Dis nwome redbi is were tiny states it aWmg daft dvc individual was lass oa addve 40ty. It was wsha*g pmce&g 367 days; For l+isisxirai aq please t umact the Service SCRA pates-of-coact. Mom imom"aft on ^ ve ! m*r status" Active d . sfialus as rVarteed im rlars ccstaficasc is defined in •"•'Mdmee wA 10 U SC § 101(d)(1) for a period of mare don 30 crmsectanY days, to dvr case of a member 4 ore Nabond Guard, mcixks service tinder a cal to active service audiorard bra the Pfesiam or the Sscretan of Defensr for a period of mare than 30 comecmut a days umder 32 L'SC ti 5r z(f) for proposes of respour%ug to a oafional eumnenc declared by the President and stppotted bi Federal funds At Acme Gowd Rrsm°e (AGR) so"kers nwaa be &tug red against am msbomM amob&ubon posiam in dx tail they support- Tbis mdadcs hm-- TARS, x1mine Cups ARs and Coma Om rd RPAs. Action Dirt} stmus also appries to a Unformed Serme member who is as active der caotraissioaea} c$x er atthe is S Public Heath Sen ce err dw Naooaal Oceanic and Attrsosphedc Adn*istrtttiom (NOAA Commissioned Corps) fix spo ad ctmore d= 30 consecutive da; s. C e v ales our SC&# fe 8 r fro some cases Coverage under the SCRA is broader a some cases and ackmirs some categac'ses 4pe an active duty fetpwmposm of dw SCRA %to wewaid am be tepomed as ca Acts a Duty under tfas date. Maeytows sxdrts me amended w extend the period of activm dta*-, wr%& would rstmd SCRAprotecbms Persons we* to rti?t to d& wdmirr cert&jA m shotdd check to make smc the ceders an 10kh SCRA pros are baud hose not been ataaeaxkd to extend the itsdusi t darts of sen'sce, Fir ermore, some prvtecdoas of due SCRA amy wood to persons wvho hares received artists to mport fm a dine day or to be xxkwteA but who have not actu dy began active daft or actaaay rgxxtrd fix kdacim Ibe Last Date *aAetkv Duty tutq is mapadaat because a nmi m otprotco-ons sotSCRA eauud be nod, m last dates of aaive day. Tboset who *oddreliyr an this eat6cate are urged to cede 4UAW ad kgol eomsel to masse that A rights gaarad ctd to Service members taaderthe SMA are protected 'WAR:tiaMCr Ids certificate- was pravidad bme d ear amine and SSN prodded by &c ace . PtovWLV as twooeam name of SSN wait cme an erroomm eertkae to be provided Rtpori I3?k57l W14R 243868 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC. } vs. ) EUGENE BERKHEIMER } To: EUGENE BERKHEIMER 1550 WILLIAMS GROVE RD LOT 58 MECHANICSBURG, PA 17055-5342 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-3528 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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. CUMBERLAND COUNTY ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BAR DAVID J. A OT AKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 Date: June 21, 2010