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HomeMy WebLinkAbout12-4141Our File No.: 339338 APOTHAKER & ASSOCIATES, F.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 Plaintiff, vs. LOUIS R KEPES 356 PARK AVE NEW CUMBERLAND, PA 17070-1338 Defendant. FILED- pI'FICE CF THE PROM WTARy 2812 JUL -2 PM 1.44 CWN$jA,N0 C TY LVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: J XLI1gl Oivl( 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?-7-7L( 52 Our File No.: 339338 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 Plaintiff, vs. LOUIS R KEPES 356 PARK AVE NEW CUMBERLAND, PA 17070-1338 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 700, GREENVILLE, SC 29601 2. Defendant(s) is/are LOUIS R KEPES, an adult individual residing at 356 PARK AVE NEW CUMBERLAND, PA 17070-1338. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 5137; and said account was issued to Defendant(s) by CITIBANK/HIPS, 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 $12,852.88. A true and correct copy of the account statement for period ending August 7, 2008, is attached hereto and incorporated by reference herein 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account. 7. The balance on the account decreased since charge off due to the Defendant making payment(s). 8. 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 $12,852.88 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Atto W for Plaintiff A Law Firm Ek ed in Dek(Collection BY: David J. Xgothaker, Esquire Our File No.: 339338 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKE & SSOCIAT-ES, P.C. Atto ey or Plain 'ff A Law Firm E ga ed in ebt Collection BY: David J. Ap er, Esquire Attorney for Plaintiff Sears Home Improvemenfm LOUIS R KEPE Account Numbs B94 Page i of 2 Your Account Summary Billing Cycle Closing Date 08107/08 Amount Over Credit Line $1,266.10 Amount Past Due $3,156.86 Total Minimum Due $3,688.06 Previous Balance $15,234.90 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $35.00 Total FINANCE CHARGES $332.20 Account Balance $15,602.10 Your Credit Summary Total Credit Line $14,336.00 Total Credit Available $0.00 Payment Due Date 09/04/08 Activity Sale Date Post Date Description Amount 08106108 08/06108 LATE PAYMENT FEE 35.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $15,234.90, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Average Corresponding Periodic Rate Periodic Daily ANNUAL D=Day FINANCE Rates `Rate varies Balance Balance PERCENTAGE RATE 1 *=Month CHARGE SEARS REGULAR $15,602.10 $15,397.06 27.15%* .0744%(D} $332.20 Days in Billing Period: 29 Effective ANNUAL PERCENTAGE RATE: 27.15% Minimum FINANCE CHARGE: $0.00 Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Home I11"M Account Number: 9694 Payment Tota _Account Balance Due Date Minimum $15,602.10 f 09104108 $3,688. 0006256 EX 05 A 09220 1 TR5002 F60 009 7 N 1. 111 11111 IM I Due ( Amount Enelosed O6 I a? LOUIS R KEPES 356 PARK AVE NEW CUMBERI-ND PA 17070-1338 Please make address changes on reverse side. Make check payable to SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 Call us at 1-800-386-3817 Go to www.8earscW4.0om Write to us at PO Box 8283 Sioux Falls, SD 57117-6283 Information About Your Account Grace Period for Perehasel Tea; grace period lotpurchases isatI i20days.Therefore,toavoid peradic finance Charges on purchases that appear on this accord statement, you must have paid the Ac l.. Balance on the last sfatemcimt, less any No limurestildo Firemee Change or Deferred InIemst balances that expire after the payrnern due date, by the paymeMdt a date art their stalittrient and also pav the Account Blame, on this statement. less any No InterestiNo France Charge or Delcn ed Interest balances that expire alter the payrnent due date, by Ibis stolen em S payment due date. Balance Sdbject To terra l Charge: We ealcuf`le fr:itudic grrance, charges separately for each baFarc subjectteditferentterms (ag;regular purchasilOld Balances, and bansadionssubiectto pi trmotional rates), as appli aide to put accaonl. However. the parIn& finance changes 'or each transaction subject to a No InterestRkh Finance Charge ar Deferred Interest oiler will be calculated separately even a it. has the same terns as another transaction 5ubjed to a No IntErestAVo Finance Charge or Detailed Interest offer. For Varnxfc finance charge calculation purposes, Deferred PayrrerdsbalarcnareIrentedlike regucarpurchases unless cherwisacpecifkldisConneolion vah a particular promotional offer. Charges include, as applicable io your aceaunt, purchases, fees, and any mdumum finaece charge. Average Daffy Balance (including Now Tmmsatlfom;): For each balance, we mhdgply the daily balance by the applicable daily pemhdic rate. Wit do this for each day in the biding cycle including the filling Cycle Closing Date. The number of days in the billing cycle may vary. For each balance, ere add Lip the perr,Wic finance charges on Ihat balance for each day in the billing cycle and round trial amx urt to the nearest cal::. The total periodic finance charge for the billing cycle equals the total of the rein aed stuns :`oraa balances. To gel the daily balance, are lake the hi ginning halance for each balance every ds`/, aid any rI?w charges and any parodic finance Charon nn if-v, ri laUS day's balance, subtract any crfxtks or payments credited as of that day, and make nth" adjust snots. This method of calculating the daily halarre results 1n daily, compounding of itna!ue charges. A rxerkl balance is treated ass balance, of ?roe Far ...son halance., Oi. Average Daily SaWice is the aw,rage at the daily balaiuas during the billing cycle.:' you mu tiphy thsf gore far each balae_' bytile number of days in the billing cycle and hr, the aptV cadtia ditty penadir, rat„ ilia result Ls the periodic finance charges assessed for that balirrit nYCaptftemii?ar Arrahorhscarised by randimo. Billing Rights Summary In Case Of Emals Or OMWIeos Aboaat Your SIR: itvaV Thin; yowl bill -s wrong, era you need Inure information about abansactor. on your bill, wree us on a separate sheet at the address listed on this statement Miele Ii says Vrra to its at_'mNrte us as soon as possible. t% must: tear trom you no later than 60 days alter vie send you the first tea on wfhieh the error or pretreat appealed. You can t0ephor,e, us, but doing so will not presetye your rights. In your letter please induce the following information. Your natty. and account number. • The dollar amuumo€thesusaacleden or. • D1esSf oa the etrar'trd .Igrlain, tf you can, why yob believe there is an error. it you need mare mkonmatio,l, desc; ibe ape item ,vu at e unsure a0ortt. Please sign your letter. Yao du not have t9 pay 4my amount in question wfhi?e we are investigating, but yon are still obligated to Gaytire parts Of your bill that are not in jueshon. While we investigate your quesiion, we camiot repori yon as Ytlinquam un the disput d item er take any action to collect the amount you question. Spatial Rule for Credit Card Pertness& If you have a probl rn wllA the quality of goads or sEt motes that you purchased with a crude card, and you have tried in good fa eh to correct tier problem "'I merchant you may not have to pay IN remaining amount due on the goods or services. You have lhis prof Lion only when the purcllase pricy; is more than $50 and the purchase is made in your hone slaw: at within 100 miles of your mailing address. (If we own or operate the merchant, or if we maiked you the advertisement for the pi operty or services, all purchases are covered icgaidless of amoom or location at purchase.) tmporlant Payment Instructions CrediOng Payments: Payment must be received in proper form at our processing facility by 5:00 p.m. local time there to be credited as of that day. A payment received at the processing facility in oroperfornr after M time Y AN be credited as of the next day. Please allow 5-7 days far paynnerts by regular mail to reach us. There maybe a delay of up to 5 days in crediting a payment sent by mail a it is not in the proper form or is addressed to a location, including a storm location. other than the address listed an the return envelope air on the Valli of fire payment coupon, or, for courier at express mall payments, to the Express Payment Address set forth below. There may also be a delay of up to 5 dais in crediting apavnrent made in-store, Pmpar Form: Fare payment sentby mail or courterto he it properform, you muss: • Enelalvalid check ormoney order. Nocash: gift cards, or foreign currericyplease. • Include yournaratand account number on the front: ofyrouraheckor Moneyorder Sending an eligible check wile the payment coupon atlhorim us to complete the payment by electronic dettit. H we do, the checking account will be debited In the amount on gie check, as soon teethe day we recelvethe cheek, and the check will be destroyed. Copy Fee: On any, matterunrelated to a bib ing error or disputed purchase wit charge a$3.00 fee for each duplicate statement for a billing cycle that is more fti) 3 months prior to your request. We add this fee toyour ragldar purchase balance. OtherPayment Options: • MutwwwSearsCaid.comand sign up tar online paymernts.Itweremrhayour siluesttornakean online payment by 5 p rn. Easterntiro. we will credit your payment as of that day If we receive your request to riakc on online payment attar that firm , we wife credit your payment on the next day • Pay by Phone. YOU may make your payment byphanebyusingthePaybyPhoneServtice Youwiil becharged $14.95 to use this payment saroice. Can by 5 p n. Eastern lime to have your payment crerAted as at the( day. If you call after that lime, your payment will he credited as of Ilia neat day tNe pray process your payment ek?ctroNCally ulrrn verificaltan of your Wenmy. • Send payintent by courier or expressaiail to the Express Paymentsaddress: Attention. Payments Department. 1500 Bollonfield Street. Columbus. ON 43225. Payment must be recervdif in proper fain at the proper address by 5 p.m. Eastern lima in order to be credited as of that days, All payments received in proper form at the proper address after that time will be credited as of the next day. Report a Lost ar Stolen Card Immediately: Our Customer Service RepresertatNm are available by phone 24 hours a day, 7 days a week, This account is issued by Citibank (South Dakota), N.A. 01 GR6O5 - 1 - 02`19i0E New Address It your address has changed, please print any changes below. Name: Street Address: City, State. Zip: Phone: Sears Home Improvement" LOUIS R KEPES Account Number: XXXX XXXX XXXX 9$94 Page 2 of 2 6256 Cardmerdber News Go to www.sewmvd.com write to us at PO Box 8283 Sioux Falls, SD 57117-6283 Call us at 1-800-386-3$17 Payment Due Date 09/04/08 The Sale Date Is the Transaction Date. 339338 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: LOUIS R KEPES Serve Upon: LOUIS R KEPES Address for Service: 356 PARK AVE NEW CUMBERLAND, PA 17070-1338 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.: 339338 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC Plaintiff, vs. LOUIS R KEPES Defendant. COURT OF COMMON PLEAS c CUMBERLAND COUNTY, V-rl C= o NO.: 12-4141-CIVIL rv 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 OCIATES, P.C. Attorny for Plaintiff A Law Firm En ged in Debt Collectioj BY: David J. ApothaYer, Esquire 5 C? 62s? A/?q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~,~rxt~+ Q{ ~rr+~b~r/,7jr 4 ~, C1FF'.i c .'t~.c ;.r.~f?Ii=F `~ l,~.:. ., (t~~~ r ri~sTNONOTAi~`r ~;~~tBERI.AND GQUN~Y P~NNSYLVANi A LVNV Funding, LLC vs. Louis R Kepes Case Number 2012-4141 SHERIFF'S RETURN OF SERVICE 08/13/2012 08:03 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2012 at 2003 hours, he served a true copy of the within Complaint and Notice, upon the wi named defendant, to wit: Louis R. Kepes, by making known unto Lisa Kepes, Wife of Louis R. Kepes 356 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of tie same. DEP SHERIFF COST: $45.00 August 14, 2012 SO ANSWERS, *w ~~ RON R ANDERSON, SHERIFF ,c~ Caunty5uite Sheriff, iei~o<oh, Inc.