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Home My WebLink About08-4051` Our File No.: 170426 APOTHAKER & ASSOCIATES, P.C. $Y: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. DANIEL L CUTCHALL 20 GREENMEADOWS DR CARLISLE, PA 17013-1212 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. D?- ?Os`/ Clli? 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 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 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DANIEL L CUTCHALL 20 GREENMEADOWS DR CARLISLE, PA 17013-1212 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0f Y6 5) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are DANIEL L CUTCHALL, an adult individual residing at 20 GREENMEADOWS DR CARLISLE, PA 17013-1212. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #7981924390677292; 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 $1,671.38. 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 $1,671.38 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for PI W* tiff A Law Firm Engaged VDebt Collection BY: David J. Dated: 7/1/2008 Our File No.: 170426 VERIFICATION David J. Apothaker, EN. 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 tq apsworn falsification to authorities. Davi? J. Apothaker Attorney for Plaintiff DATE: 7/1/2008 LVNV FUNDING LLC DANIEL L CUTCHALL 20 GREENMEADOWS DR CARLISLE, PA 17013-1212 STATEMENT OF ACCOUNT Debtor's Name: DANIEL L CUTCHALL Account Number: 7981924390677292 Original Creditor: LOWE'S Balance Due: $1,671.38 Our File No.: 170426 EXHIBIT "A" Fn- !. ? rTl if _ t ,. O SHERIFF'S RETURN - REGULAR CASE NO: 2008-04051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS CUTCHALL DANIEL L DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CUTCHALL DANIEL L was served upon the DEFENDANT , at 0010:02 HOURS, on the 12th day of July 2008 at 20 GREEN MEADOWS DR CARLISLE, PA 17013-1212 by handing to DAVID L. CUTCHALL DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ,ry So Answers: 18.00 5.00 .00 10.00 R. Thomas Kline .00 33.00 07/14/2008 APOTHAKER & ASSOC Sworn and Subscibed to before me this of By. / day Deputy f , A. D. ti 1. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4051 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, DANIEL L CUTCHALL, in the default of an Answer, in the amount of $1,878.22 computed as follows: Amount claimed in complaint: $ 1,671.38 Less: Amount Paid: ( 0.00) Plus: Interest from July 1, 2008 to August 12, 2009 at the legal interest rate of 6.00% per annum 95.34 Attorney fees 0.00 TOTAL $ 1,878.22 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, DANIEL L CUTCHALL, last known address is 20 GREENMEADOWS DR CARLISLE, PA 17013-1212. / I APOTHAKER & SSO IATES, P. Attorney for PI intiff A Law Firm Enna ed in ebt lection By: David J. Apothaker Our File No.: 170426 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 3 8423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 LVNV FUNDING LLC Plaintiff, vs. DANIEL L CUTCHALL Defendant. Dated: August 12, 2009 Our File No.: 170426 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. DANIEL L CUTCHALL Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4051 Civil Action 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 20 GREENMEADOWS DR CARLISLE, PA 17013-1212. 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 Def d t(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defense anpo er Data ter has sent back our inquiry indicated that the Defendant(s) is/are not in the military. David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. APOTHAKER&ASSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense Manpower Data Center Military Status Report Pu mumt to the Servicemernbers Civil Relief Act -K Last Vase Fzstfll Wlf ! Begin Date AUG-12-2009 08:26:39 Active Doty S Was Secsue/Ageacy MCHAL L I DAN[£.L L Based on the informa?tim you have f mished, the DNW does not possess € ny information i m&cabag that the individual is dare y on active duty. Upon searching the information data banks of the D ent ofDefense Manpower Data Center, !rased on the ie fmantion that you provided, the above is the current status of the iadlivi? as to al brims of the Try. rlwrr??4-?- MaryCA Snavely-Dbm, Director Department of Defense Maspov? er Data Center 1600 Wilson Blvd-- SiAt 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (D C}C) is an organiumon, of the Department of Defense that mains the Defense Ergot and Eli y Reporting System (DEERS) die which is die aWKW source of data our eligibByfor military medical care and other efigW systems. The Dcpartm,=nt ofDefessse strongly supports the enforcement of the Sesveemembers Civil Relief Act [50 USCS Appn:. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Salon' Civil RehefAct of 1940)_ D)JDC has issued hundreds of thousands of 'does not possess any mfo ors indicating that the in div id uial is currently on active duty" responses,. and has experienced a small error rate- In the event the ind hidual referenced above. or any family member. Jiund, or representative asserts in any manner that the. ivivid" is on ate duty, or otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the persoes alive duty status by contacting that person7s wry Service via the "defimselink. " URL provided below. If you have evidence the person its on active-duty and you fitil to obtain this Starr Service v ailication, proviso of the SCRA may be invoked against you. If you obtain further inform abort the person ( e.g„ an SSN, improved accuracy of DOB, a middle name), your can subs your request again at this Web site and we ws'l provide a new cerf&att for that query. This response reflects current active duty status only. For historical n fdsematim please contact the Military Service SCRA pouts- of-contact. Sees h&wr=yvv.-w.d ensebak,MitL I 's +C49SLDR hto l WARNINCr. This certiiicate was provided based on a name and Soul Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an e:roneors date to be provided. 170426 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) DANIEL L CUTCHALL ) NO. 08-4051 To: DANIEL L CUTCHALL 20 GREENMEADOWS DR CARLISLE, PA 17013-1212 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: June 19, 2009 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 DA I 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 t .SHERIFF'S RETURN - :REGULAR CASE NO: 2008-04051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVN-V FUNDING LLC VS CUTCHALL DANIEL L 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 CUTCHALL DANIEL the DEFENDANT , at 0010:02 HOURS, on the 12th day of July , 2008 at 20 GREEN MEADOWS DR CARLISLE, PA 17013-1212 by handing to DAVID L. CUTCHALL DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention: to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this . day of So Answers: R. Thomas Kline 07/14/2008 APOTHAKER & ASSOC Deputy Sh if A.D. SLED-OF-CE OF THE P "O"D `O 'OT ( 2009 AUG 19 PM ?, 00 I-IJUA, fly l?iUs7? N ?? ? aaaLit/ TO: DANIEL L CUTCHALL 20 GREENMEADOWS DR CARLISLE, PA 17013-1212 LVNV FUNDING LLC Plaintiff, VS. DANIEL L CUTCHALL Defendant. NOTICE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4051 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, Esc. at this telephone number: 215-634-8920 Mo 9