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Home My WebLink About12-1193C -? IN THE COURT OF COMMON PLEAS OF, rn CUMBERLAND COUNTY, PENNSYLVANIA ? w CIV --n -n C'n LVNV Funding LLC r%J --4 C3 15 South Main Street CIVIL ACTION SC 29601 Greenville , Plaintiff vs. IIR3 Givil-Ferm NO: Md Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Defendant 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 *,D- . ?5 Pp A` T-f c 4aBID8 P-,* a -7 / AV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 : Plaintiff vs. Thomas G Hadfield NO: 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Defendant COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 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 Thomas G Hadfield (hereinafter "Defendant") is an adult individual residing at 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389. 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 Citibank with the account number ending in 7634. 5. The within account was sold by Citibank to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the Citibank 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 Citibank, and will be provided upon receipt. 7. Defendant used the Citibank credit card with account number ending in 7634, 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 September 7, 2008. 11. The principal amount was $13,539.76 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 $13,539.76 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $15,988.05. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $15,988.05 plus costs of suit and any other relief as the Court deems just and appropriate. v Abrahamsen & Nssoc. Michael F. Ratchford, I Attorney I.D. Nos.: 862 120 North Keyser Ave. Scranton, PA 18504 mratchford(?eaa-law.ci 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. LVNV FUNDING LLC 15 SOUTH MAIN ST GREENVILLE, SC 29601 vs. Plaintiff Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division _ - r-a !f1 7. T1 - NO: 12-1193x , 7- C? : :r C:) --- c --- Praecipe to Reinstate Civil Complaint To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Reinstate the Civil Complaint. Thank you, Michael F. Ratchford, Edwin A. Abrahamse Lawyer ID # 86285 & Associates, P.C. aW.ill 7-'5pd 0/10 y1-/9a 9 g- 14 a-7 3 soy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff THE PPOTHIC H ? "A, ; 3i??tix -;i t, au r rr;?rr0 Jody S Smith Chief Deputy 2012 MAY -3 PM 1: 55 Richard W Stewart 0UMBERLAND COU {'! Solicitor - PENNSYLVANIA LVNV Funding, LLC I Case Number vs. Thomas G. Hadfield 2012-1193 SHERIFF'S RETURN OF SERVICE 04/10/2012 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: Thomas G. Hadfield, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint and Notice according to law. 04/18/2012 09:31 AM - Franklin County Return: And now April 8, 2012 at 0931 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas G. Hadfield by making known unto himself personally, at 8772 Olde Scotland Road, Shippensburg, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 April 27, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2012-00086 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN LVNV FUNDING LLC VS THOMAS G HADFIELD ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT HADFIELD THOMAS G was served upon the DEFENDANT , at 0931:00 Hour, on the 18th day of April , 2012 at 8772 OLDE SCOTLAND ROAD SHIPPENSBURG, PA 17257 THOMAS G HADFIELD a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: ANGEL V By eputy Sheriff 04/20/2012 ABRAHAMSEN AND ASSOCIATES Sworn and Subscribed to before me thisD _ day of 77/2- A. D. Notary T= COMMONWEALTH OF PENNSYLVANIA NOTARIAL -SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission EXPires Jan. 29, 2015 by handing to SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ?SC`11 t?'td THE PROTi-'W t Chief Deputy '012 MAY -8 AM 9: 57 Richard W Stewart t Solicitor Amended CUMBERLAND COUNT PENNSYLVANIA LVNV Funding, LLC Case Number vs. 2012-1193 Thomas G. Hadfield SHERIFF'S RETURN OF SERVICE 04/10/2012 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: Thomas G. Hadfield, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Complaint and Notice according to law. 04/18/2012 09:31 AM - Franklin County Return: And now April 18, 2012 at 0931 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas G. Hadfield by making known unto himself personally, at 8772 Olde Scotland Road, Shippensburg, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 April 27, 2012 SO ANSWERS, RONN R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF t; l D _ Of F CUMBERLAND COUNTY, PENNSYLVANIA U THE MONO LVNV FUNDING LLC Plaintiff vs. Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Defendant 012 `? 2 PM S CIVIL DIVISION ? CUMBE LANO COUNTY PENNSYLVANI NO: 12-1193 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiffs Complaint in the amount of $15,988.05. Notice of the intent to file a default judgment was served upon the Defendant on June 13, 2012. A copy of the Notice of Intent to Take Default Judgment is atta( hereto and marked Exhibit "A." Edwin A. b n ociates, P.C. /1 / M hhe D atchtbrd'sgdire . No.: 86 85 a Attorney for Plainti n JUDGMENT AND NOW, this a 1 day of ) 0 20/.,, Judgment is hereby a ered in fav of the Plaintiff, LVNV FUNDING LLC and against the Defendant, Thomas G Hadfield in the amount of $15,988.05 for failure to respond to Plaintiffs Complaint. PROTHONOTARY . J. ??r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC . Plaintiff CIVIL DIVISION VS. : NO: 12-1193 Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I serve 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: Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Date: July 23, 2012 Edwin A. Abrahamsen & Associates, R.C. a??f1 ?ichael FtRatchford, Esq e Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 LVNV FUNDING LLC By: Plaintiff vs. Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO. 12-1193 NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned against you in the amount of $ 15? 925- US_ on ?! A has been entered If 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 In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. NO: 12-1193 Thomas G Hadfield 8772 OLDE SCOTLAND RD SHIPPENSBURG PA 17257-9389 AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS Defendant 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): Thomas G Hadfield is(are) not in the military service ofl,the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended That the defendant(s): Thomas G Hadfield is(are) older than eighteen years of age; That the employment status of the defendant(s): Thomas G Hadfield is(are) unkno*n. J t r Subscribed before me this day o 20 Ttl OF p?NNr IA N bl? COMMD Notarial Seat public pyanne F. app' %otary wanna County Scranton. tiny 2a, 2015 cky Cpmmis5lon Fx F :+c, =?syTEs tw4y MEMBER, PENIYSYiV,AMIA PSS-`' EDwim A. ABRAHAMSBJ MK ii*LF. RATCHfORD NMiAMOMCHEW THE LAIN OFFICE OF ItDWIN i xBRl 1HL114 KN &.%' -CDCUTB'S. PC: WWW.PAA-LAW.COM June 21, 2012 Thomas G Hadfield 8772 OLDE SCO"ELAND RD SHIPPENSBURG PA 17257-9389 Re: LVNV FUNDING LLC v. Thomas G Hadfield CUMBERLAND County Civil Action No.: 12-1193 Our file No.: RI 11175]/AFS Dear Thomas G Hadfield: Enclosed please find the "fen Day Notice of Intent to Take Default in regard td, 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 & Enclosure This is a communication from a debt collector in an attempt to will be used for that purpose. a debt. Any ini brmation 120 N KEYSER AYE SCRANTON, FA 18504 (r) 570.558-5510 (? 579.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL ACTION Plaintiff : vs_ NO: 12-1193 Thomas G Hadfield Defendant . TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT 10: Thomas G Hadfield 8772 OLDS SCOTLAND RD S141PPENSBURG PA 1 72 57-93 89 Date of Notice: June 21, 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 04.lautVIl, i r I u?v? 1 (570) 558-5510 IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. : CIVIL ACTION Plaintiff vs. GLORIA M SCOTLAND NO: 12-51408 Defendant CERIFICATE OF SERVICE 1, Michael F. Ratchford, Esquire, hereby certify that on June 21, 2012 I servedla copy of the Ten Day Notice of Intent to "t"ake Delault in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: GLORIA M SCOTLAND 815 PLEASANT RD YEADON PA 19050-3610 Edwin A. Abrahamsen & Associates, P BY: (// // y y ' " / / Michael lf.Ratchford, Esq Attorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Results as of : Jul-20-20 212:52:01 Department of Defense Manpower Data Center RA 2.2.2 9WOROPW 4D purnad to Seavic?cmemla sia Civil Rclkf Act Last Name: HADFIELD First Name: THOMAS Active Duty Status As Of: Jul-20-2012 NA NA No NA TMs respoms r's6ecls the individuals' acwe duty stasm based w ft Active Dtry Stator Date ,: L au?;rr.l 't +ir _-P:W;?;?Y ryT:rt r NINE P1111 191 W WROM 1 Now, r. NA NA No NA This response rebels where the individual left active duty status wOm 367 days preoK*V the Active Duty Status Date NA NA No NA TMs resporue rebels whher Bre individual or Mafier w* has received wry noftskm to report for alive 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 the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, AA, Public Heat Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Y*Ar A aLWO-Whij- -'WM r L I 7 Mary M. Snavely-Dixon, Director Departrrtent of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 talus of and The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and 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 kno% in as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of 'does not possess any information Indicating that t individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any fa ily member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, 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'i Service via the "defenselink.mil" URL: httpJ/www.defenseRnILmiVfagtpis/PC09SLDR.htrnl. If you have evidence the person was on active duty for the active duty st his date 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). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whethsrlthe individual le Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for 've duty on the Active Duty Status Date. 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" duty period 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 servic 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 Guam 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 Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the 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 S0A who would of be reported as on Active Duty under this certificate. SCRA protections are for Tide 10 and Title 14 active duty records for all the Unif" Services 'ods. Tide 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 rel on "a websits certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the ' dates of service. Furthemwre, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be incli. , but who ha a not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of tections of the SCRA extend beyond one 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 merntiers under the RA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: H230MG092U