The URL can be used to link to this page

Home My WebLink About08-5200 A. ,. Our File No.: 168562 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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. KEVIN L DURF 29 EVANDALE COURT CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: d$ - 50100 NOTICE Civ? kTerM 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 • 7 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY KEVIN L DURF 29 EVANDALE COURT CARLISLE, PA 17013 Defendant. NO.. 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 KEVIN L DURF, an adult individual residing at 29 EVANDALE COURT CARLISLE, PA 17013. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #A2009080386826; and said account was issued to Defendant(s) by CITIFINANCIAL, INC, 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 $3,265.20. 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 $3,265.20 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney Plaintiff A Law Firm Eng?in Debt Collection BY: David J. ApoThaker, Esquire Dated: 8/21/2008 Our File No.: 168562 . s? VERIFICATION David J. Apothaker, Esquire 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 relg}ng to unworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 8/21/2008 a LVNV FUNDING, LLC KEVIN L DURF 29 EVANDALE COURT CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: KEVIN L DURF Account Number: A2009080386826 Original Creditor: CITIFINANCIAL, INC Balance Due: $3,265.20 Our File No.: 168562 EXHIBIT "A" ? C 4 -3 "T p O ! e i fi CC) r ? QQ ro t??t7 co C SHERIFF'S RETURN - NOT FOUND CAS2 NO: 2008-05200 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS DURF KEVIN L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. r4r%%RTIT T ThTT r ATlIT T/"M DUE was He therefore returns the the within named DEFENDANT , DURF KEVIN L 29 EVANDALE COURT NOT FOUND , as to CARLISLE, PA 17013 PER POST OFFICE, MAIL IS DELIVERED THERE; HOWEVER, HOME HAS BEEN COMPLETELY BURNED OUT BY FIRE - NO ONE EVER AROUND. Sheriff's Costs: So answers: 1-7 Docketing 18.00 Service 5.00 f Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 /o?o31pr 38.00 APOTHAKER & ASSOCIATES 09/16/2008 Sworn and Subscribed to before me this day of A.D. " Our File No.: 168562 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 vs. Plaintiff, KEVIN L DURF Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-5200 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & Attorneys A Law Firm EnLa S By: David J. TES, P.C. Debt Collection Esquire Dated: 10/8/2008 iJ G,7 tT t ,.: C:? v t1,? tT, C) e "T7 :m tV s _