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Home My WebLink About08-3719Alp. Our File No.: 167498 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. MARK E STIMELING 6 RED FOX LN MECHANICSBURG, PA 17050-1627 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08- 119 &V<< e 'm 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A?OTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. MARK E STIMELING 6 RED FOX LN MECHANICSBURG, PA 17050-1627 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: djF 3 7 / 4 4 f I ? Z-9 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are MARK E STIMELING, an adult individual residing at 6 RED FOX LN MECHANICSBURG, PA 17050-1627. 3. Plaintiff, ARROW FINANCIAL SERVICES LLC, is the Assignee and Successor in Interest of Account #082222391326315; and said account was issued to Defendant(s) by LOWE'S, 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 $1,302.78. 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 . $1,302.78 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTH=R & SS CIATES, P.C. Attorne for aintiff A Law Firm En ged ' Debt Col io, BY: Dated: 6/17/2008 David J. Our File No.: 167498 4 IN VERIFICATION David J. Apothaker, Esq. 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 relating to un^orn falsification to authorities. David J. A?othaker Attorney for Plaintiff DATE: 6/17/2008 MARK E STIMELING ARROW FINANCIAL SERVICES LLC 6 RED FOX LN MECHANICSBURG, PA 17050-1627 STATEMENT OF ACCOUNT Debtor's Name: MARK E STIMELING Account Number: C82222391326315 Original Creditor: LOWE'S Balance Due: $1,302.78 Our File No.: 167498 EXHIBIT "A" C7 r-O 7? IT, g Cn C -0 ctA SHERIFF'S RETURN - REGULAR CASE NO: 2008-03719 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARROW FINANCIAL SERVICES LLC VS STIMELING MARK E DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STIMELING MARK E the DEFENDANT , at 0956:00 HOURS, on the 25th day of June , 2008 at 6 RED FOX LN MECHANICSBURG, PA 17050-1627 by handing to TAMMY STIMELING, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge C,/10/0s, ?,,, So Answers: 18.00 11.00 _ .00 , 10.00 R. Thomas Kline .00 39.00 06/26/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By: day De ty Shed' f , A.D. ` w Our File No.: 16 7 498 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 ARROW FINANCIAL SERVICES LLC r ry'? tr Fp-,Tt.;n" i ?'1TP?pv 1 2010 MAR 12 Pa?i 1: 15 CLUL: UINTY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. MARK E STIMELING NO.: 08-3719 Civil Action Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, MARK E STIMELING, in the default of an Answer, in the amount of $585.11 computed as follows: Amount claimed in complaint: $ 1,302.78 Less: Amount Paid: ( 750.00) Plus: Interest from June 17, 2008 to March 5, 2010 at the legal interest rate of 6.00% per annum 32.33 Attorney fees 0.00 TOTAL I certify that Defendant, MARK E STIMELINQ?, lass known MECHANICSBURG, PA 17050-1627. ( I / 585.11 is 6 RED FOX LN Dated: March 5, 2010 David J. A thaker, Esq. Attorney for Piaintiff #4-00 Do A,-rl R1 "a38 0 Y/ oc?4u-w?w A 1 41 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MARK E STIMELING 6 RED FOX LN MECHANICSBURG, PA 17050-1627 ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. MARK E STIMELING Defendant NOTICE NO.: 08-3719 Civil Action 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, Esg. at this telephone number: 800-672-0215 la?io 0, A. Our File?No.: 167498 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 ARROW FINANCIAL SERVICES LLC Plaintiff vs. MARK E STIMELING COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3719 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 Certifica?ipn are true and correct. I understand that false statements herein are made subject to the p lies of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. / David J. Apofhaker, Esq. Attorney for Plaintiff Dated: March 5, 2010 4 C Our File No.: 167498 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 ARROW FINANCIAL SERVICES LLC Plaintiff VS. MARK E STIMELING Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3719 : 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 6 RED FOX LN MECHANICSBURG, PA 17050-1627. We inquired with the web site of the Defense Wilson Boulevard, Suite 400, Arlington, VA 2220 branch of the military. Mary M. Snavely-Dixon, Director of the De our inquiry indicated that the Defendant(s) is/are not David J. ApotfiV=, Esq. Attorney for Plaintiff lower Data Center, located at 1600 , if the Defendant(s) is/are in any Data Center has sent back 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. of Defense Mwpowes Data Center Mm-05-20100'733-16 Mislay Stillus Rqlcfft Parmaat to tie Service Memben Caul Reef Ant Lao , , '. - " W hcts E Duyilt DLtrrd , 'I Smash STI?IELL'?G aietltK E Bawd o s the idormaenn ym have firm6+, the DMDC dxs ro possess my x&rmrtioa a3eaAieg 11re indnirlarl stirs Upon seardiag tit infarmmbat loot batiks ddbe Deparuaeat ofDdeme Nimw* a Duty Ceara based on dse ih6armstian drat saes provided, the above is tar ca. aat son a(the iadividW as to A branches of the Lamed Swim (Arasy. Nox7, Msi m Caps, Air Farces. NOAA, PtMc Heal6, and Coast fimerd}. 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Casvrw Cra Jw dad SCJL4 it Smomim m Snare Cam Coverage under the SCHA m broader it same cases and iaciodes same dories ofpasom po ache dory fix porposm cf the SCRA veto troeld not bt reporied n as Attar Duty under Iris trrAcaae. Messy limy orders we amended to reseed ire period ff acom daty, v b* wield wind SCRA I ' " Pewee sedung m rdy as Sm w eimbe certliraboa Aosid ebeck to melee sure tee order on which SCRA proteamr we based have not beta encoded to earned die bdmm dates ct service. Fadramm, someprotectiaas of the SCRA may totted to pmom vdw bas: mcdvrd ordes to report hr active duty m w be indorsed, but wbo face m t actaaiy beglon ecave drty or aclu* scpotsed for adacSoa Tibe Lou Dee on Arose Doty tarry is impataet because a member ofprotecbous of sm vamd bci!ond die Let darts of active defy. Ibose who w dd reds onto car Bdieate at urged to seek tlmaified kgel round to amore that a! sigpts gowasslerd to Service member under &e SCRA artprcercted. WAIL'M'3Cs 7W* catficate was provided based on a amw and SSN provided by the tequnta_ Pn*i og an eanoeaas mmnw at SSN wig ciwr an arowm cergrate to be provided. Report ID 70359LTEVA 167498 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ARROW?FINANCIAL SERVICES LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) MARK E STIMELING ) NO. 08-3719 To: MARK E STIMELING 6 RED FOX LN MECHANICSBURG, PA 17050-1627 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: July 25, 2008 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR /S-) DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423