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Home My WebLink About11-0308Our File No.: 283790 ' 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 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 Plaintiff, VS. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG, PA 17257 Defendant. t=6lCi -h?? -Or eft $ j ! JA 13 PM 2: ? VANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. I)- 3?9 Pad 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 qaUb *NhR 4?- ?d- Our File No.: 283790 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 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 Plaintiff, vs. JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG, PA 17257 Defendant. } COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC, 140 CORPORATE BOULEVARD, NORFOLK, VA 23502. 2. Defendant(s) is/are JOHN C HORNER, an adult individual residing at 903 MUD LEVEL RD SHIPPENSBURG, PA 17257. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account # ending in 9053; and said account was issued to Defendant(s) by CITIFINANCIAL, INC./REX TV, 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 $1,480.69. 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 $1,480.69 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & A CIATES, P.C. Attorney r laintiff A Law Firm Engag d In Debt llectiol BY: David J. Apothaker, Esquire Dated: 12/23/2010 Our File No.: 283790 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 relat' to worn falsification to authorities. David J. Ap aker, Esquire Attorney foi Plaintiff DATE: 12/23/2010 PORTFOLIO RECOVERY ASSOCIATES, LLC JOHN C HORNER 903 MUD LEVEL RD SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: JOHN C HORNER Account Number: ending in 9053 Original Creditor: CITIFINANCIAL, INC./REX TV Balance Due: $1,480.69 Our File No.: 283790 EXHIBIT "A" 283790 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: PORTFOLIO RECOVERY Expiration Date: ASSOCIATES, LLC Type of Action: Civil Action Defendant/s: JOHN C HORNER Serve Upon: JOHN C HORNER Address for Service: 903 MUD LEVEL RD SHIPPENSBURG, PA 17257 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff ,,r b OF THE PROTHONOTARY Jody S Smith 2?1! SAN 24 AM !0= 00 Chief Deputy CUMBERLAND OOUNT Richard W Stewart solicitor PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2011-308 John C. Horner SHERIFF'S RETURN OF SERVICE 01/19/2011 05:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2011 at 1752 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John C. Horner, by making known unto himself personally, at 903 Mud Level Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. AA HALL, DEPUTY SHERIFF COST: $46.00 January 20, 2011 SO ANSWERS, ,." RON R ANDERSON, SHERIFF G) COlIMYSUltP, SFenYf. TeloosOft, IIIG. r PORTFOLIO RECOVERY COURT OF COMMON PLEAS ASSOCIATES,LLC CUMBERLAND COUNTY 140 CORPORATE BOULEVARD NORFOLK, VA 23502 NO.: 1.1-308 CIVIL PLANTIFF L? VS rij 00 JOHN HORNER ? 0r*, 903 MUD LEVEL ROAD SHIPPENSBURG, PA 17257 x• -n DEFENDAN T CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC, 140 CORPORATE BOULEVARD, NORFOLK, VA 23502. 2. Defendant is JOHN C HORNER, an adult individual residing at 903 MUD LEVEL ROAD, SHIPPENSBURG, PA 17257 3. Defendant, JOHN C HORNER, did have an account #ending 9053 with CITIFINANCIAL, INC./REXTV, the original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. Defendant went into a debt relief program with 1s' Financial group in February of 2009 to have them reduce this debt and pay it off. 6. 1s' Financial Group has now gone out of business and did not complete the contract that was signed with defendant. Defendant is now with Credit Solutions; with which they have been in contact with PORTFOLIO RECOVERY to settle this debt. 7. Defendant believed that 1St financial was settling this account. WHEREFORE, Defendant demands judgment in favor of Defendant in where the PLANTIFF will be in contact with Credit Solutions to settle the debt. Attached is the proper information to contact them. JOHN C HORNER DATED: 1/30/11 Page 1 of 1 Wednesday, January 19, 2011 Lisa Homer 903 mud level rd Shippensburg, Pennsylvania 17257 To whom it may concern; My name is Lisa Marie Horner and I am unable to pay my, credit card bills and have made many attempts to contact and resolve this issue with my credit card companies. My husband John Horner Jr (the main income provider of the household) has been laid off for the majority part of 2009. Because of this I have entered into a program with First Financial Group. They have taken over paying my credit card bill, this company has recently went out of business and I have now entered into a credit program with Credit Solutions. I pay them a small amount monthly and they are in contact with the credit companies to try and settle my accounts for me. I have been in this program since December 2010. Sincerely, Lisa .anforner Lisa Homer Sianature Information Document ID: December2010-1001355361 https://csesip.creditsolutions.com/prontosvr2/GetDoctunent.asp?q 100115315910013553... 1/31/2011 I / We Jol. mormor, m to pelmdpd(s) hm dw tigb MA a orb e4Poka CSA -LMM Ssbaams of Measisy U C, a I y/aQ ATfOWIZY4"ACT wile W pour end i . . I to I Ise rib and rmy ad OTHER THAI! EMOAORIC IN THE FIIACnCE OF or amid do if petseeaal?pearI btaabyMab9 tilyeA end = A douw ATTORNa MY. ad for MU known at Porpoise me I EY IN FACT' dull Induffy «Ao aa. b done: nwiew nags OF bold!; to win: TO FROACTIYEI.Y 1 BWrIATE THE SEMJMWfr OF ANY AND ALL OF MY CREDITOR BALANCES AS OtITUNED IN TILE AGREEMENT MrM ATfr saw 1N FACT A. in mowhm wa den weim 3050 ddw Fair Dek Co lealim Ad 15 USC.16M Ywa besaby rAiuiar i fawn nomM. .. er lee aM dl tssseebast Wmcii s. asdibe, a !odium crawls. dbeeys. ae& bwaam? wow abw died pwdr b ha ietbd to bo ATI?RIlBY IN FACT. ststd rbmw. $ la-, I wMNACNMWHIom wlPipeatAsoagmkdarriie9KW*FeiicTmdwAolOLodiaPJ and widbstwavotasydfrPWAMYYaliff.VweaMrimarAT177R1 4ffAGTtov mftgocaengatafidYlrteafy wad r Awawwd C WwMt Heeeae ("ACH')paeywatt b ury asdAw m bYlaR kbHPo?idoi tt 1. Tba ACH pte-mrt is idf;wed, proaeeaad, rwpeea. - ar 0aa jWd by dw A7'[ORTW4N4'ACr to pay r wows[ deal Ilya baudp"'*W"d bpay bay/ewr aeailrr in oeeaplra ar P-dd d¦ddaAew Yews ewvab6w a. Ii. and 2 2 The ATTORNBY4I-FACr mavebdds, dab ma or moods my din Meade but will be am ed to wets in ACH p%mt in mwAm amdloWN), o" M an imid tae ¢aoew, raprdar foYww dw ACH payees Mar r mean Canaad by aeahn b r admen aaabdlad by wyAar mitv*a wamdra wma"'s_`? rRwr RablSo ®?-+•?AriM dr wuatL alnbrw ariadwibd C. D. ThislmdbdpwwdsllonWisaftisatlrrytbSdiepindPdla)wrfgsdBwRYrdiwiawMbcipirlarAhwiaod star teem MONO In awlaw. elk shoat soeaoats 60EL ao wy dwaa - be and In od-- ptwrlde db abora eawad ATTORNEY IN FACT, arydoo g and ay imfawdim led Ay would adwomas ptaslds to end diaddow r bdonOw summing soy pq rb. debt aOOaat kw sit a jamb fa vA" Yoe sea AegWly rope Vik ampdmd or eahwwiaa E Thera IIW arlhislJl =MOMI GFATTURPSYFORKwbiwbyaigi a pheetaa 15 orIeasiari4isapi/aly vahwled by dad sea I @ ' PFM CRAL(S) b testa! dbdadpdad ATTORNEY Ede FACT w do odiasw wt!bole bdow; im t &ba%ado@wpm"leesuder &nFsirDulaWaft"hwboeAmtrddwFairCashRep mAw,wawa"' erAid pity aged da a.slar yom do ewtbew dw iilid b r a b wak wilt ry/vsr drip" ATTORNEY Di FACT, Mr moll wwdd commkAe a refused to week wide wdr. tfym no doom you do so styew awe risk. ArrORNLY iN FACT: CSA -Ceeift Selatdemm ofAmm rim UC. 12700 Path Can" Dr. 21st Floor. Dulles, TX 75251 phone:(169)341-1551;Foc (800)768-0513 QGGfol 6r(- 200 Executed tY. 3l 3ivok" X -'-" / - Side - CAYK dote of S.rui JUL?L (f 8mo d_0 A-. oEeoa?11 SEu le M..y Pubs, ?r ?. weti-r--- -nh? err .al?pf?'yeYY)Y?i .? ,.. .. me this -?) day at1?-bY MY cAwmlimiea bwiaeA: _ 1 1-e ^c ? - Ndey RgObv im eaam1 _ 11 -1y b)1 "FDCPA" - § Section 805 15 USC 1692c [Creditor Name & Address] Account Number Social Security Number Re: "Engagement Notification" Debt Management Representation - "Request to Cease Verbal Communication" To whom it may concern: This letter will confirm the fact that I have entered into a debt-settlement program, as I am no longer able to service my debts at their current levels. I am sending this letter to humbly request your office to please remove my phone numbers from your database and contact me through written correspondence ONLY. The multiple daily calls from your office are not helping in any way whatsoever to expedite the improvement of my current situation, but rather causing severe, undue stress and merely compounding the situation, making it nearly impossible to remedy the debts in a more timely fashion. I fully understand my financial obligations to you and will attempt to make restitution to the best of my ability, as I do not wish -lo seek relief in Federal Bankruptcy Court. As a result of my circumstances, I have been forced to engage the services of Credit Solutions as a measure of dealing with ALL of my debt and not just one individual account, as I have numerous accounts that need reconciliation. Please be advised, from this point forward, I am politely and humbly asking all forms of verbal communication with me to please CEASE. This shall include, but shall not be limited to, my home, work, friends, family and/or places of recreation. I have provided to Credit Solutions, which now has Limited Power of Attorney and legal authority to speak on my behalf. Please note this fact for your records. A COPY OF THE SIGNED "LIMITED POWER OF ATTORNEY" IS ATTACHED FOR YOUR RECORDS. Contact Information: Credit Solutions 12700 Park Central Dr, 21 It Floor Dallas, Texas 75251 (469) 341-1551; (214) 853-5997 fax At this time I am requesting that you l2lease close the above-mentioned account and notify each credit r portingaaency to which you report, that this closing is at my request. As funds become available Credit Solutions will present your office with a settlement proposal, on my behalf, which will take into consideration the number of outstanding accounts, in conjunction with my current economic situation. Credit Solutions has recommended a savings budget that will help accomplish settlement as expeditiously as possible. Furthermore, should my financial situation improve at any point during my debt-setlement program, Credit Solutions will contact your office with a proposal for settlement ahead of the recommended schedule. Thank you, Printed Name Signature Dated Rev 9/03/10 Operations BE 28 CSA-CF-00-03