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Home My WebLink About10-7446r Our File No.: 294844 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 ATLANTIC CREDIT & FINANCE INC ASSIGNEE FROM HSBC 2727 FRANKLIN ROAD ROANOKE, VA 24014 Plaintiff, vs. THOMAS L MYERS 257 NEIL RD SHIPPENSBURG, PA 17257 Defendant. ~~ THELPROTI~Ot~OTAR~' 2G~It3 DEC -2 PM 3~ i 0 CUMBERLAND COt,~NTY PENI~SYL1/Af~~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: ~ p -~1 y 4 l~ 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ~$~ ~~a~'~~ Our File No.: 294844 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 ATLANTIC CREDIT & FINANCE INC ASSIGNEE FROM HSBC 2727 FRANKLIN ROAD ROANOKE, VA 24014 Plaintiff, vs. THOMAS L MYERS 257 NEIL RD SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, 2727 FRANKLIN ROAD, ROANOKE, VA 24014. 2. Defendant(s) is/are THOMAS L MYERS, an adult individual residing at 257 NEIL RD SHIPPENSBURG, PA 17257. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account # ending in 7952; and said account was issued to Defendant(s) by HSBC, 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 $3,678.60. 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 $3,678.60 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER &~KSSOCIATES, P.C. A Law Firm Ena-aaec[ in Debi Collection BY: Dated: 11 /22/2010 David J. ApotA~er, Esquire Our File No.: 294844 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 to ~nsworn falsification to authorities. David J. Ap thaker, Esquire Attorney Plaintiff DATE: 11 /22/2010 ,~. ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC THOMAS L MYERS 257 NEIL RD SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: THOMAS L MYERS Account Number: ending in 7952 Original Creditor: HSBC Balance Due: $3,678.60 Our File No.: 294844 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson OF THE PROTHONOTARY Sheriff ?,??titir nt "'10 Jody S Smith y 18 DEC 13 PM G: 10 Chief Deputy Richard W Stewart CUMBERLAND COUNT' Solicitor PENNSYLVANIA Atlantic Credit & Finance Inc. Case Number vs. 2010-7446 Thomas L. Myers SHERIFF'S RETURN OF SERVICE 12/03/2010 06:44 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 3, 2010 at 1844 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas L. Myers, by making known unto himself personally, at 257 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $46.00 December 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;C CountySuite Shenif, TeleoSaff, IfIC. Our File No.: 294844 . 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 L? F I °?' t :. a + :.. i It ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff VS. THOMAS L MYERS Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7446 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, THOMAS L MYERS, in the default of an Answer, in the amount of $3,678.60 computed as follows: Amount claimed in complaint: $ 3,678.60 Less: Amount Paid: ( 0.00) Plus: Interest from November 22, 2010 to February 9, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 3,678.60 I certify that Defendant, THOMAS L MYERS, as own address is 257 NEIL RD SHIPPENSBURG, PA 17257. / David J. Apht'fiaker, Esq. Attorney for Plaintiff Dated: February 9, 2011 ?,L`# /l/i3y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: THOMAS L MYERS 257 NEIL RD SHIPPENSBURG, PA 17257 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff vs. THOMAS L MYERS Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7446 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 Our File No.: 294844 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 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. THOMAS L MYERS Defendant NO.: 10-7446 Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237. 1, I 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 o 8 Pa.C.S.A. §4904, relating to Dated: February 9, 2011 unsworn falsification to authorities. f David J. Ap er, Esq. Attorney for Plaintiff Our File No.: 294844 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 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff VS. THOMAS L MYERS Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7446 : 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 257 NEIL RD SHIPPENSBURG, PA 17257. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-25 if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the De our inquiry indicated that the Defendant(s) is/are not Data Center has sent back David J. Apotftaker, Esq. 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. 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 Feb-09-2011 11:07:24 +< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MYERS THOMAS L 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). 01 It44- A?? 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 http://www.defenselink.mil/faci/flis/PC09SLDR.htmi. 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 2/9/2011 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:OU5ETRE749 https://www.dmdc.osd.mil/appj/scra/popreport.do 2/9/2011 . 294844 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ATLANTIC CREDIT & FINANCE INC. ASSIGNEE ) COURT OF COMMON PLEAS FROM HSBC ) CUMBERLAND COUNTY vs. ) NO. 10-7446 THOMAS L MYERS ) To: THOMAS L MYERS 257 NEIL RD SHIPPENSBURG, PA 17257 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 13? DAVID J. APO'THAKER, 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: December 27, 2010 J Our File No.: 294844 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC ASSIGNEE FROM HSBC Plaintiff VS. THOMAS L MYERS Defendant MOTION TO AMEND CAPTION Civil Action 1. On or about November 22, 2010 our firm filed a Civil Action Complaint captioned ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC vs. THOMAS L MYERS. 2. Defendant's account with ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC was recently purchased by MIDLAND FUNDING LLC. 3. The correct name for the Plaintiff should be MIDLAND FUNDING LLC. 4. Accordingly, the Plaintiff now respectfully petitions the Court to allow Plaintiff to Amend the caption to reflect the proper name of the Plaintiff, MIDLAND FUNDING LLC. 5. The Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 1033, specifically permit parties to amend their pleadings: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. FILED-OFFICE" C!" TPE PROT?lDN lTt?I%y 2011 APR I I AN 11: 33,33 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7446 6. Defendant's rights will not be prejudiced by this change. WHEREFORE, Plaintiff requests this court to enter an Order granting leave to amend Plaintiff's Complaint. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in, Debt Collection F. Scian, Esquire Dated: April 6, 2011 Our File No.: 294844 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. THOMAS L MYERS Defendant Civil Action BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND CAPTION Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC filed suit against Defendant on or about November 22, 2010. Plaintiff requests that this Court enter an Order allowing Plaintiff to file the Amended Complaint attached hereto pursuant to Pa.R.C.P. No. 1033. WHEREFORE, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, respectfully requests this Honorable Court grant Plaintiff's Motion to Amend Caption. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engage d in Debt Collection Kim e F. Scian, Esquire NO.: 10-7446 Dated: April 6, 2011 M Our File No.: 294844 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC ASSIGNEE FROM HSBC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. THOMAS L MYERS Defendant CERTIFICATION OF SERVICE Civil Action I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on April 6, 2011, I mailed a copy of Plaintiff s Order, Motion to Amend Caption, and Brief in support thereof to: THOMAS L MYERS 257 NEIL RD SHIPPENSBURG, PA 17257 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged inPebt Collection Kimbe y F. Scian, Esquire NO.: 10-7446 Dated: April 6, 2011 ATLANTIC CREDIT & FINANCE IN THE COURT OF COMMON PLEAS OF INC., ASSIGNEE FROM HSBC, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. THOMAS L. MYERS, DEFENDANT 10-7446 CIVIL TERM r? ORDER OF COURT AND NOW this / d f M 2011 h , ay o ay, , t e motion to amend captie treated as a petition to transfer interest in a pending action pursuant to Pry R.C.P. No. 2004, is GRANTED. The Plaintiff shall now be listed as Midland` Funding LLC, Assignee from Atlantic Credit & Finance Inc., Assignee from HSBC. By the Court, Albert H. Masland, J. /Kimberly F. Scian, Esquire For Plaintiff Thomas L. Myers 257 Neil Road Shippensburg, PA 17257 5?646 saa