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Home My WebLink About11-4187M Our File No.: 31'0191 APOTHAKER & ASSOCIATES, P.C. - r BY: David J. Apothaker, Esquire rn , -? -1 r-n Attorney I.D. #38423 Q, , , 520 Fellowship Road C306 c:5 Mount Laurel, NJ 08054 :2; (800) 672-0215 ° Attorneys for Plaintiff LVNV FUNDING LLC 15 SOUTH MAIN STREET SUITE 500 GREENVILLE, SC 29601 Plaintiff, vs. GREG A LEMKELDE 411 7TH ST REAR NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: I]- z/4-7 el'o) 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 O,e- •,?5S g3S Our File No.: 310191 ' 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 SUITE 500 GREENVILLE, SC 29601 Plaintiff, vs. GREG A LEMKELDE 411 7TH ST REAR NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC, 15 SOUTH MAIN STREET SUITE 500, GREENVILLE, SC 29601. 2. Defendant(s) is/are GREG A LEMKELDE, an adult individual residing at 411 7TH ST REAR NEW CUMBERLAND, PA 17070. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account # ending in 5680; and said account was issued to Defendant(s) by CITIBANK, 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 $15,929.78. 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 $15,929.78 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASS TES, P.C. Attorney for lai iff A Law Firm Engaged n D It Collection BY: Dated: 5/2/2011 David J. Our File No.: 310191 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 relatingAq unworn falsification to authorities. David J. App Attorney ker, Esquire Plaintiff DATE: 5/2/2011 BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated September 29, 2008, between Citibank (South Dakota), N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, ?D 57117 (the "Bank") Sherman Originator LLC ("Buyer"), organized under the laws of the State of Delaware, with its headquarters/principal place of business c/o Sherman Capital Markets LLC at 200 Meeting Street, Suite 206, Charleston, SC 29401. For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated September 29, 2008, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Section 1.2 of the Agreement, This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility except as provided in the Agreement. Cl1 i By Na; Tit: Sherman Originator LLC By: Name: V 1o'. C • "M 4 -bu-vt Title: `D \6?ta-r, TOO Z UNV11I9 HAD 06Z99069T8 %V3 6V:bI NOR 8002/6Z/60 SALE AND ASSIGNMENT Sherman Originator LLC ("Originator"), hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("Company"), in accordance with the provisions of the Sale Agreement dated as of April 29, 2005, between Originator and Company (the "Agreement"), the Receivable Assets (as defined in the Agreement") identified on the Receivable File dated 9/30/08 that is hereby delivered to Company and accompanies this Sale and Assignment. Dated: September 30, 2008 Dated: September 30, 2008 SHERMAN ORIGINATOR LLC a Delaware limited Liability company By: Name: Les Gutierrez 't'itle: Authorized Representative LVNV Funding LLC a Delaware limited liability company By: -=-- Name: Les Gutierrez 't'itle: Authorized Representative \\shermfin.com\dfs\CHA\shared_financial_reports\Assignment of CollateralTurchases\SOLLC to LVNV\2008\9.08\Assignment SOLLC to LVNV funding_9.30.08.doc at&t AT&T Universal Rewards Card Charter Member GREG Aeeo ftBO Calling Card + PIN December 24 - January 23, 2008 Quick Reference AT&T Universal Card Page 1 of 3 How To Reach Us Visit: www.univefsaleard.com Customer Service: 1-800.423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231.4167 Your late fee was based on your account Minimum Payment Due ................................._ $16.929.78 balance as of the payment due date Due Date' ............................................. February 1 , 2008 (01/17108), which was $15,488.12. •Paymsnt must be received by 5:00 pm lout tlms on the payment due dab. Amount Past Due ............................................... $3.313.94 Amount Over LimiL ............... ............................ $1,828.78 Credit Line ................................. ......................... $14,000.00 Available Credit ......................... C h Ad Li it ................................... .00 0 as vance .................. m Available Cash Advance Limit . ........................... $4,8 0.00 ................................... $0.00 Account Summary Psavidzus.@ x.5.488.12 I tlsttnsnts 0.00 7Ota1 rwcelt 4?0 8 latal New Balance $161929.78 Credit Protector Your account protection enrollment has been cancelled on your account effective 12/24/2007. Help is availablel Please call the toll-free number shown above to learn about our special payment options. Please give us the opportunity to assist you. Note: Detailed activity starts on page 3. dale paid amount paid check tt atie AT&T and the AT&T globe design are trademarks of AT&T Knowledge Ventures, Ilmsed to Cltluroup Inc. Please follow payment Instructions oatlbwd In the "Important nmtroctlons for Making Payments" action of the statement. 680 14saa [star Armont of f4ynnnt tdn.leaad ftinuft ow Dow TOW FEB 18 2008 $15929.7 51592978 se's co 17$ ? 114 r3 MC 32 R 1 AR7053089 GREG A LEMKELDE AT&T UNIVERSAL CARD P.O. BOX 18256 THE REAR OF 411 7TH ST COLUMBUS, OH 43218-2564 NEW CUMBERLAND PA 17070 310191 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: LVNV FUNDING LLC Expiration Date: Type of Action: Civil Action Defendant/s: GREG A LEMKELDE Serve Upon: GREG A LEMKELDE Address for Service: 411 7TH ST REAR NEW CUMBERLAND, PA 17070 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 Our File No.: 310191 M(M 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. GREG A LEMKELDE Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, GREG A LEMKELDE, in the default of an Answer, in the amount of $15,929.78 computed as follows: Amount claimed in complaint: $ 15,929.78 Less: Amount Paid: ( 0.00) Plus: Interest from May 2, 2011 to June 17, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 15,929.78 I certify that Defendant, GREG A LEMKELDE, last known address is 411 7TH ST REAR NEW CUMBERLAND, PA 17070. David J. Apothaker, Esq. Attorney for Plaintiff Dated: June 20, 2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-4187-CV ti'l.o d/d -'+y ce 3va? I 2? a?da ? s No-f S? c .k?.; l?el OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: GREG A LEMKELDE 411 7TH ST REAR NEW CUMBERLAND, PA 17070 LVNV FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. GREG A LEMKELDE NO.: 11-4187-CV Civil Action Defendant 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.: 310191 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. GREG A LEMKELDE NO.: 11-4187-CV 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. David J. Apothaker, Esq. Attorney for Plaintiff Dated: June 20, 2011 Our File No.: 310191 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. GREG A LEMKELDE NO.: 11-4187-CV Civil Action Defendant 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 411 7TH ST REAR NEW CUMBERLAND, PA 17070. 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 Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are tin the military. David J. Apothaker, 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 Jun-17-2011 06:38:01 40 Military Status Report Pursuant to the Service Members Civil Relief Act Last Begin Active Duty Active Duty End Service Name First/Middle Date Status Date T Agency Based on the information you have furnished, the DMDC LEMKELDE GREG 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). AM, 01,44.- 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 htt p://www.defensel'nk.mil/fact/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 6/17/2011 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:32JMVU8TSB https://www.dmdc.osd.mil/appj/scra/popreport.do 6/17/2011 LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) GREG A LEMKELDE ) NO. 11-4187-CV To: GREG A LEMKELDE 411 7TH ST REAR NEW CUMBERLAND, PA 17070 Date of Notice: June 02, 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 /,S/ DAVID J. APOTHAKER, 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 310191 Cc: MATTHEW ESHELMAN ESQ