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Home My WebLink About10-7655Our File No.: 288933 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. HOAN TRAN 20 CENTRAL BLVD CAMP HILL, PA 17011-4209 Defendant. ~~`Tt-~~~' OTH~~)T~a~~`r ?. Q ! 0 Q~G 13 P~ 3: 2 ! ~t1M6ER1.,~~~ CnJ~~ i °' °Et~NSYLV~it~t~~, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ~~,~~~jl 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 A"T 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 5 ~~ as .., Our File No.: 288933 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. HOAN TRAN 20 CENTRAL BLVD CAMP HILL, PA 17011-4209 Defendant. COURT OF COMMON PLEAS CUMBERLAND COL-NTY 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 ROAN TRAN, an adult individual residing at 20 CENTRAL BLVD CAMP HILL, PA 17011-4209. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 9755; and said account was issued to Defendant(s) by HSBC BANK/NEIMAN MARCUS, 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 $3,306.46. 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 $3,306.46 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & S OCIATES, P.C. Attorne f Plaintiff A Law Firm En din Debt Collection BY: David J. `~pthaker, Esquire Dated: 12/6/2010 ~ Our File No.: 288933 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 tq~(~vorn falsification to authorities. David J. Apothak~squire Attorney for Plaintiff DATE: 12/6/2010 LVNV FUNDING, LLC HORN TRAN 20 CENTRAL BLVD CAMP HILL, PA 1 70 1 1-4209 STATEMENT OF ACCOUNT Debtor's Name: ROAN TRAN Account Number: ending in 9755 Original Creditor: HSBC BANK/NEIMAN MARCUS Balance Due: $3,306.46 Our File No.: 288933 EXHIBIT "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY A t'0,1 11 JA! 18 Pil 3. -k ry? 5r 0L.. E j g ? 1 i? . ?i ' i_; ie ? S Y I??' Y LVNV Funding, LLC vs Case Number . Hoan Tran 2010-7655 SHERIFF'S RETURN OF SERVICE 01/14/2011 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: Hoan Tran, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Hoan Tran. Request for service at 20 Central Boulevard, Camp Hill, Pennsylvania 17011 the defendant was not found. To date The Mechanicsburg Postmaster has been unable to provide a good address for Hoan Tran. SHERIFF COST: $46.50 SO ANSWERS, January 14, 2011 RON ? R ANDERSON, SHERIFF Our File No.: 288933 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 Plaintiff, VS. HOAN TRAN Defendant. ,ttaPBERLAH COUtITY :gNSYL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-7655 PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKER & AS C TES, P.C. Attorney for lain iff A Law Firm Engaged n De A Collectioi BY: David J. Apothaker, Esquire Dated: 4/28/2011 v k' ZS`I" 12w agpgb'i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?a??xtp ?t ?*aullbrrf??r?y ?R OFFICE ?F TM r ?_RIPF . THE PRO i HONE dA Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 JUL 2& AM 9: 43 CUMBERLAND COIN'," 'PENNSYLVANIA LVNV Funding, LLC vs. Hoan Tran Case Number 2010-7655 SHE€ FPS RETURN OF SERVICE 07/19/2011 08:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 19, 2011 at 2046 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hoan Tran, by making known unto Hoang Tran, Brother of Defendant at 20 Central Boulevard, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 July 20, 2011 RYAN BURG EPU SO ANSWERS, RON R ANDERSON, SHERIFF (c CountySuite Sheriff. Teieosoft. Inc. Our File No.: 288933 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 f(t4f.;23 PIS If: 214 "E9MBERLAND COUNTY `'?NNSYL4?ANlA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. HOAN TRAN NO.: 10-7655 Civil Action Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, HOAN TRAN, in the default of an Answer, in the amount of $3,306.46 computed as follows: Amount claimed in complaint: $ 3,306.46 Less: Amount Paid: ( 0.00) Plus: Interest from December 6, 2010 to August 23, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 3,306.46 I certify that Defendant, HOAN TRAN, last kn wn address is 20 CENTRAL BLVD CAMP HILL, PA 17011. David J. Apothaker, Esq. Attorney for Plaintiff Dated: August 23, 2011 Qok %IH'oo ?d ??+3Lal?°I Oil (0 ?,bh cu I l?-c? LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) HOAN TRAN ) NO. 10-7655 To: HOAN TRAN 20 CENTRAL BLVD CAMP HILL, PA 17011 Date of Notice: August 11, 2011 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 BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 Q / DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road 0306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 288933 Our File No.: 288933 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. HOAN TRAN NO.: 10-7655 Civil Action Defendant 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 of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. f David J. App ker, Esq. Attorney for Plaintiff Dated: August 23, 2011 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: HOAN TRAN 20 CENTRAL BLVD CAMP HILL, PA 17011 LVNV FUNDING, LLC Plaintiff vs. HOAN TRAN Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7655 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 s/mar/u Our File No.: 288933 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 Plaintiff vs. HOAN TRAN Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7655 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 20 CENTRAL BLVD CAMP HILL, PA 17011. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209- 9 , if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the D fense anpo r Data Center has sent back our inquiry indicated that the Defendant(s) is/are no in the ? David J. Apo-T aTcer, 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 unsworn falsification to authorities. -Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Aug-23-2011 05:44:29 40 Military Status Report Pursuant to the Service Members Civil Relief Act Last First/Middle Begin Date Active Duty Active Duty End S L L L Name Status Date A en c TRAN HOAN Based on the information you have furnished, the DMDC does Pot 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). Y 1112 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/faq/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). https://www.dmdc.osd.mil/appj/scra/popreport.do 8/23/2011 . . -Request for Military Status Page 2 of 2 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. 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:IGIQ832V38 https://www.dmdc.osd.mil/appj/scra/popreport.do 8/23/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC Plaintiff vs. HORN TRAM Defendant(s) SUGGESTION OF BANKRUPTCY - - - COMES NOW the debtor(s), Binh Khai Tran and Thao Tn Huynh by counsel and informs the Court that the debtor(s) filed a Chapter 7 Bankruptcy Petition on November 18, 2012, case number 1:12- bk-06670-RNO. The Judge in this case is Robert N Opel. The case was filed in the United States Bankruptcy Court, Middle District of Pennsylvania. The Debtor(s) through his/her undersigned attorney, and would show the Court: 1. He/She has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania, which bears the case no: 1:12-bk- 06670-R N O. 2. Relief was ordered on November 18, 2012. 4. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. WHEREFORE, the debtor(s) suggests that this action has been stayed by the operation of 11 U.S.C. § 362. %/ ~ ~ L and Zagurs ' , J ., Esq. A orney for Debtor(s) #82436 IT IS HERBY CERTIFIED that a true copy of the foregoing Suggestion of Bankruptcy was delivered. by regular mail and/or by facsimile to David J Apothaker, Esquire, Apothaker & Associates, PC, 520 Fellowship Road C306, Mount Laurel, NJ 08054 on this 20~' day of November, 20]2. /~~ _~~ .~/ ~ S Leo rd Zagurskie, r., sq. Att rney for Debtor s) #8 436 :' Software Copyngh[ (c) 1996-2004 Best Case Solutions, Inc. -Evanston, IL - (800) 492-8037 Best Case Bankruptcy United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 11/18/2012 at 4:29 PM and filed on 11/18/2012. Binh Khai Tran 10 West Main Street Apt 2 Hummelstown, PA 17036 SSN /ITIN: xxx-xx-5808 Thao Tn Huynh l0 West Main Street Apt 2 Hummelstown, PA 17036 SSN /ITIN: xxx-xx-3037 The case was filed by the debtor's attorney: Leonard Zagurskie, Jr 140 South 12th Street Lebanon, PA 17042 717 273-8090 The case was assigned case number 1:12-bk-06670. [n most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecf.pamb.uscourts.gov/ There is an .08 fee per page or page view (charges do not apply up to the first per calendar year) and you must first register at this web site: http://pacer.psc.uscourts.gov/ Public access computer terminals are also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Vl'ilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. Ii'so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court