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Home My WebLink About09-1915a op Our File No.: 198461 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 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: oq - 1415 01y u -I em BARBARA KUHN 100 GORDON DR CARLISLE, PA 17013-8675 Defendant. 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.: 198461 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 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. BARBARA KUHN 100 GORDON DR CARLISLE, PA 17013-8675 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are BARBARA KUHN, an adult individual residing at 100 GORDON DR CARLISLE, PA 17013-8675. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5049948001237991; and said account was issued to Defendant(s) by SEARS, 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 $1,576.21. 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 $1,576.21 and requests this Court award Plaintiff attorney's fees an4tqbs to the extent permitted by applicable law. APOTHAKER & A OC TES, P.C. Attorney f I 'ff A Law Firm Enaaa in bt Collectioi Dated: 3/16/2009 BY: David J. Apothakr, Esquire Our File No.: 198461 w I%x 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 the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to David J. ApotfiVw.,L Esquire Attorney for Plaintiff DATE: 3/16/2009 Current Owner: LVNV Funding LLC Original Creditor: Sears Previous Owner: Citibank Statement Closing Date: 10/31/2008 12:00:00 AM LVNV Purchase Date: 03/30/2006 Account Origination Date: 09/01/1995 Barbara Kuhn ***-**-3157 100 GORDON DR CARLISLE, PA 17013 Account number 5049948001237991 Owing Collected Balance Principal $ 1,336.89 $ - $ 1,336.89 Interest $ - $ - $ - Atty Fee $ - $ - $ - Misc Cost $ - $ - $ - New Balance $ 1,336.89 $ $ 1,336.89 TRANSACTIONS Transaction Date Description Amount This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. -N. 00 C} ?' to c} O - O -TI D rr -ri f7? + ?yy Sheriffs Office of Cumberland County R Thomas Kline 4ti1 t1, of t?u+nbrrf,?? Edward L Schorpp Sheriff Solicitor tv Ronny R Anderson Jody S Smith Chief Deputy o E Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 07:50 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 1950 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Barbara Kuhn, by making known unto Stanley Horn, adult in charge at residence of defendant at 100 Gordon Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.50 March 31, 2009 2009-1915 LVNV FUNDING, LLC VS BARBARA KUHN SO ANSWERS, ii??iatytr[ ..a?- R THOMAS KLINE, SHERIFF By Deputy Sheri ueri FLED-Offi OF THE PFMHONOTARY 2N9 APR -2 PM 3: 30 'ENNSYLVANA 10 W Our file No.: 198461- APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 ?.a r Attorneys for Plaintiff Attorney ID# 55140 COURT OF COMMON PLEAS LVNV FUNDING LLC ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 09-1915 vs. ) BARBARA KUHN ) 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 April 08, 2009, STIPULATED by and between Plaintiff, LVNV FUNDING LLC, and Defendant, BARBARA KUHN parties as follows: 1. Defendant agrees to pay the sum of $1,692.27, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 3. The sum aforesaid of $1,692.27 shall be paid by the by Defendant, BARBARA KUHN, to the attorneys for Plaintiff in the following manner: a. $250.00 to be paid on or before April 23, 2009; b. $75.00 to be paid on or before the 30th day of each month, beginning May 30, 2009 until paid in full. All checks are to made payable to LVNV FUNDING LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 •, Our file No.: 198461 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 $1,692.27, 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 BARBARA KUHN 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 in Pe C'ollectioi rY } OF THE- r r; i p M9 APR 24 Dili!!: 35 Our File No.: 198461 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. BARBARA KUHN FILED-GF F*6C1- "r THE PPP T"r''J T k,r «I I FEB 18 Pty 12: 2 9 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-1915 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for ntiff A Law Firm En2a2 in ebt Collection By: David J. ApothaTr, Esquire Dated: 2/11/2011 1111111111111111111111111