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Home My WebLink About08-5610Our File No.: 178767 APONAKER & ASSOCIATES, P.C. `BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. LESLIE E MCCURDY 100 S FILBERT ST APT D 1 MECHANICSBURG, PA 17055-6554 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY r c..__, NO.: du i 1, I eexvi 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 Our File No.: 178767 APOTHAKER & ASSOCIATES, P.C. `BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. LESLIE E MCCURDY 100 S FILBERT ST APT D1 MECHANICSBURG, PA 17055-6554 Defendant. COURT OF COMMON PLEAS 1 CUMBERLAND COUNTY NO.: d P - 56 / 0 (} kl 11(, -rltlw` CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are LESLIE E MCCURDY, an adult individual residing at 100 S FILBERT ST APT D1 MECHANICSBURG, PA 17055-6554. 3. Plaintiff, PALISADES ACQUISITION XVI, LLC, is the Assignee and Successor in Interest of Account #4032009230562923; and said account was issued to Defendant(s) by HOUSEHOLD, 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 $6,468.56. 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 `'$6,468.56 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASS TES, P.C. ff Attorney for 1 ' 11 A Law Firm Engage in D bt Collection BY: Dated: 9/10/2008 David J. Our File No.: 178767 VERIFICATION David J. Anothaker, 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 re ting unworn falsification to authorities. David J. aker, Esquire Attey for Plaintiff DATE: 9/10/2008 PALISADES ACQUISITION XVI, LLC LESLIE E MCCURDY 100 S FILBERT ST APT D 1 MECHANICSBURG, PA 17055-6554 STATEMENT OF ACCOUNT Debtor's Name: LESLIE E MCCURDY Account Number: 4032009230562923 Original Creditor: HOUSEHOLD Balance Due: $6,468.56 Our File No.: 178767 EXHIBIT "A" ? d N C C TJ 7 C/) rri ?27 Mr tea --< CLO SHERIFF'S RETURN - REGULAR CASE NO: 2008-05610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALISADES ACQUISITION XVI LLC VS MCCURDY LESLIE E WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCCURDY LESLIE E the DEFENDANT , at 1620:00 HOURS, on the 24th day of September, 2008 at 100 S FILBERT ST APT D1 MECHANICSBURG, PA 17055-6554 by handing to LESLIE E MCCURDY 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 It'IbIlor ql,- / Sworn and Subscibed to before me this So Answers: 18.00 10.00 r , 00 10.00 R. Thomas Kline .00 38.00 09/24/2008 APOTHAKER & ASSOCIATES By day Deputy Sheriff of A. D. Our file No.: 178767-')..,, APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 1 Nov -,3 2008 COURT OF COMMON PLEAS PALISADES ACQUISITION XVI, LLC ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 08-5610 VS. ) LESLIE E MCCURDY ) Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. ) The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on October 22, 2008, STIPULATED by and between Plaintiff, PALISADES ACQUISITION XVI, LLC, and Defendant, LESLIE E MCCURDY parties as follows: 1. Defendant agrees to pay the sum of $6,619.36, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $6,619.36 shall be paid by the by Defendant, LESLIE E MCCURDY, to the attorneys for Plaintiff in the following manner: a. $700.00 to be paid on or before October 22, 2008; b. $350.00 to be paid on or before the 15`h day of each month, beginning November 15, 2008 until paid in full. All checks are to made payable to PALISADES ACQUISITION XVI, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $6,619.36, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to LESLIE E MCCURDY by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engage e t Collection B Kimber F. Scian, Esquire LESLIE E MC URDY ?s Dm :n 4 Our File No.: 178767 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 PALISADES ACQUISITION XVI, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. NO.: 08-5610 LESLIE E MCCURDY Defendant. Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, PALISADES ACQUISITION XVI, LLC, and against Defendant, LESLIE E MCCURDY, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on 11/17/2008, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of. (a) Balance: $6,619.36 (b) Payments: $ (2,800.00) (b) Interest from 11/17/2008 $156.60 TOTAL $3,975.96 APOTHAKER ,?/A OCIATES, P.C. Attorneys f r Plaintiff A Law Firm En age in Debt Collection By: David J. Apothaker Dated: 6/25/2009 Our File No.: 178767 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 PALISADES ACQUISITION XVI, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. NO.: 08-5610 LESLIE E MCCURDY Defendant. CERTIFICATION David J. Apothaker, Esquire, certifies as follows: 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on 11/17/2008, a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of Judgment in the amount of $6,619.36, giving the Defendant credit for payments made totaling $2,800.00, plus interest in the amount of $156.60, for a total of $3,975.96. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. APOTHAKE & SSOCIATES, P.C. Atto ey for Plaintiff t Collection A Law FMer By: Our File No.: 178767 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 PALISADES ACQUISITION XVI, LLC Plaintiff, VS. LESLIE E MCCURDY Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5610 : 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 100 S FILBERT ST APT D1 MECHANICSBURG, PA 17055-6554. 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 Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the D indicated that the Defendant(s) is/are not in the mili David J\Oothaker Attorney for Plaintiff Data Center has sent back our inquiry 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. A]POTHAKER&AsSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense Manpower Data Center JUTS-25-2009 07:50-14 lgita* Status Report Pursuant to the Senicemembers Cisil Relief Act 4 Last First/Middle Be& Date Acre Dahy States ServicelAgenc. Name JCCURDY LESLIE E Based on the information you have fi=nished, the DNIDC does not possess any information indicating that the iutlnidual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the cment status of the individual as to all branches of the Military. )1)jtj4t 1A in- Mary' M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Filson Bh d_ Suite 400 Arlington, TVA. 22209-2593 The Defense Manpo er Data Center (D-'% iDC) is an organ the Department of Defense that maintains the Defense Enrollment and Eliganl cy Reporting System (DEERS) database which is the official source of data on eligib = for military medical care and other efigbility systems. The Department of Defense strongly supports the enforcement of the Senicemernbers Chi Relief Act [50 LSCS Appx- ys§, 501 et seq) (SCRA) (formerly the Soldiers' and Sags' Civi[ Relief Act of 1940}_ D_4IDC has issued hundreds of thousands of "does not possess any information indicating that the indh ral is currently on active duty' responses, and has experienced a small error rate- In the er the individual referenced abcvve: or any fammmi r member, friend, or representative asserts in any manner that the indivith al is on active duty, or is othenvise entitled to the protections of the SCRA, 'y>ou are strongly encouraged to obtain fn lierr eriflcatit>n of the person's active duty= status by contacting that person !s ? S mice pia the *defrrsselinlc.tnol" LM provided below. If you ha%v evidence the person is on active-duty and you fag to obtain this additional Mary Service x rrffication, provisions of the SCRA may be invoked against y°ou. If you obtain firther formation about the person ( e.g., an SSN, improved accuracy of DUB, amiddle name), you can submit your request again at this Web site and we v?ill provide a new certificate for that query_ This response reflects current active duty status only. For historical information, please contact the Mary Service SCRA points- of contact. See: htw-w,,u?wiv,.def'enselin .nilfaebis?-'PC09SLDR bW WAR `INGC - This certificate was provided based on a name and Social Security nu€ aber (SSI1T} provided by the requester. Providing an erroneous name or SSN' ,.x l cause an erroneous certificate to be providdet I{ e p 0r t I D: B J FC ' O KI p j*7H 215 634.8920 215634.8421t Our f le No.: 1.78767-).., APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID4 55140 PALISADES ACQUISITION XVI, LLC Plaintiff, VS. LESLIE E MCCURDY Defendant. id r COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-5610 Civil Action rig NOV _ U (5 1 3 ZGGB ;ttl STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on October 22, 2008, STIPULATED by and between Plaintiff, PALISADES ACQUISITION XVI, LLC, and Defendant, LESLIE E MCCURDY parties as follows: 1. Defendant agrees to pay the sum of $6,619.36, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $6,619.36 shall be paid by the by Defendant, LESLIE E MCCURDY, to the attorneys for Plaintiff in the following manner: a. $700.00 to be paid on or before October 22, 2008; b. $350.00 to be paid on or before the 15`h day of each month, beginning November 1.5, 2008 until paid in full. All checks are to made payable to PALISADES ACQUISITION I, LLC, and sent to: a Apothaker & Associates, P.C. _ 520 Fellowship Road C306; Mount Laurel, NJ 08054 4 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parle, in the sum of $6,619.36, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 7- t1 ?t 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ez parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to LESLIE E MCCURDY by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged ' e t Collection B: Kimberj? F. Scian, Esquire , LESLIE E MC URDY FiLEU +.,,=i ;?"E OF THE 2009 JU - I PM 12- 51 t_ r+ ! 1 +t , i ,, FEi d" Sy,,t,?, *14.oo PQ AT" e Affl'f 5q L)? Pao-AA r OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LESLIE E MCCURDY 100 S FILBERT ST APT D1 MECHANICSBURG, PA 17055-6554 PALISADES ACQUISITION XVI, LLC Plaintiff, vs. LESLIE E MCCURDY Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5610 Civil Action NOTICE 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. IR JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT M JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN ? JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Avothaker, Esq_ at this telephone number: 215-634-8920 7/1/01 Our File No.: 178767 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 PALISADES ACQUISITION XVI, LLC Plaintiff, vs. LESLIE E MCCURDY Defendant. fig- 2 12 SEP -6 PH 3: 16 ,CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-5610 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the Judgment Satisfied against the Defendant. Judgment has been paid in full. APOTHAKER &,S OCIATES. P.C. Attome for /Plaintiff A Law Firm En red hn Debt Collection By: David J. ApolPeker, Esquire otmA '% 9. SO ? a ?t-g &4q % 2tk 086309