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Home My WebLink About11-4358IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 Plaintiff VS. Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Defendant : CIVIL ACTION r - FTJ l cn ?.' ?358 In ,I NO t -_ ` . : r? ' ?C) A c r' NOTICE TO DEFEND 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 to Defend are served, by entering a written appearance personally or by an 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 6.) ow- V9 C??ay?83 x,25-9,33` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC ; 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff : VS. Gary D Wolfe NO: 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Defendant COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff") is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Gary D Wolfe (hereinafter "Defendant") is an adult individual residing at 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by WashingtonMutual with the account number 4465680500703961. 5. The within account was sold by WashingtonMutual to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the WashingtonMutual credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from WashingtonMutual, and will be provided upon receipt. 7. Defendant used the WashingtonMutual credit card with account number, 4465680500703961, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 8. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made payment on November 5, 2007. 11. The principal amount was $$14,259.91 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 6%. 13. The principal amount was $14,259.91 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $16,646.20. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,646.20 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully Oawin A(. Abrahamsen & Assoc. Michael F. Ratchford, Esquire Heather K. Woodruff, Esquire Attorney I.D. Nos.: 86285/207 05 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com hoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL DIVISION Plaintiff vs. Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Defendant NO: 2011-4358 IQ?t,t, 30 11? 0 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $16,646.20. Notice of the intent to file a default judgment was served upon the Defendant on March 19, 2012. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." A. Abrahamsen & Associates. P.C. Michael F. Ratchford, Es Attorney I.D. No.: 86285 Attorney for Plaintiff ; JUDGMENT AND NOW, this 90 day of 9pri I , 20_1a Judgment is hereby entered in favor of the Plaintiff, LVNV FUNDING LLC and against the Defendant, Gary D Wolfe in the amount of $16,646.20 for failure to respond to Plaintiff s Complaint. PROTHONOTARY J. N'a 1031 tzI ?7W// 'M CL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff vs. Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Defendant CIVIL DIVISION NO: 2011-4358 CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Date: April 27, 2012 Edwin A. Abrahamsen & Associates, P.C. By; Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 LVNV FUNDING LLC VS. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 NO: 2011-4358 Defendant NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ on L By: you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) LVNV FUNDING LLC Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division VS. Gary D Wolfe NO: 2011-4358 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 AFFIDAVIT UNDER SOLDIERS AND SAILORS Defendant RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): Gary D Wolfe is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): Gary D Wolfe is(are) older than eighteen years of age; That the employment status of the defendant(s): Gary D Wolfe is(are) unknown. Subscribed before me this day of jjc, 20 Notary Public COMMONWEALTH OF POP PLNiv 'Y'L?AWA Notarial Sea! E Dana L. Stillarty, Notary Pum( City of Scranton, Lackawanna County My Commission Expires July 21, 2019 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTAW' EDVAN 0. ABRAHAMSEN 141 NOiAELF. RATCHFORD KEVIN J. CUMMINGS THE LAW OFFICE OF NINA MENICHEW BDININV. DR-UM111 9NarrA8'-;;0CL-kTHS.PC WWW.EAA-LAW.COM March 19, 2012 Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Re: LVNV FUNDING LLC v. Gary 1) Wolfe CUMBERLAND County Civil Action No.: 2011-4358 Our fi le No.: R 1031 148/F.I R Dear Gary D Wolfe: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Kevin J. Cummings, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KETSEY AYE SCRANTON, PA 18504 (P) 570.558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff , CIVIL ACTION vs. Gary D Wolfe NO: 2011-4358 Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Date of Notice: March 19, 2012 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L VNV FUNDING LI-C : CIVIL ACTION Plaintiff vs. Gary D Wolfe NO: 2011-4358 Defendant CERIFICATE OF SERVICE 1, Michael F. Ratchford, Esquire, hereby certify that on March 19, 2012 1 served a copy of the "Ten Day Notice of Intent to "fake Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as iollows: Gary D Wolfe 1491 SIMPSON FERRY RD NEW CUMBERLAND PA 17070 Edwin A. Abrahamsen & Associates, P.C. BY: Michael F atchford, Esquire Attorney I.D. No.: 86285 Kevin J. Cummings, Esquire Attorney I.D. No.: 209660 120 N Keyser Avenue Scranton. PA 18504 (570) 558-5510 Department of Defense Manpower Data Center Results as of: Apr-26-2012 06:48:09 40 Status Repoit Pursuant to the SerE-icernembers Civil Relief Act Last Name: Wolfe First Name: Gary D Date Of Interest: Apr-26-2012 Active Duty End Date Status service canponent On Alive Duty On Date of Interest NA No This response reflects the individual's active duty status based on the Date of Interest. Left Active Duty WOW 367 Days of Date Of Interest NA No This response reflects whether the individual left active duty status within 367 days preceding the Date of Interest. The Member or NsMer Unit Was Notified of a Future Call-Up to Alive. Duty on Date of Interest NA No This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the date of interest as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. rte, r?. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers 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 only 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 was on active duty for the date of interest, 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 was on active duty for the date of interest 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., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Date of Interest (2) Whether the individual left Active Duty status within 367 days preceding the Date of Interest (3) Whether the individual or his/her unit received early notification to report for active duty on the Date of Interest. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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 (NOAH Commissioned Corps). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSN, and date of interest provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: DFOLDV7RKS LVNV FUNDING LLC In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania ° Civil Division r X. =-:, vs. == Gary D Wolfe �x ac:) NO: 2011-4358 ° . Defendant =c aka. na Praecipe to Satisfy the Judgment PRAECIPE TO SATISFY THE JUDGMENT To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Satisfy the Judgment. Thank you, ich el F. Ratch rd, Esquire Edwin A. Abr amsen& Associates, P.C. Lawyer ID # 6285 120 N. Key er Avenue Scranton PA 18504 c� s�3f--S � �8 � D61