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Home My WebLink About09-5612Our File No.: 204667 ' 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. KURT J HENDLEY 27 S WEST AVE CAMP HILL, PA 17011-6544 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - ?(D1a Civil ??P1+1 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.: 204667 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. KURT J HENDLEY 27 S WEST AVE CAMP HILL, PA 17011-6544 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: &9- 5(-lZ Ccj- -r.".. 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 KURT J HENDLEY, an adult individual residing at 27 S WEST AVE CAMP HILL, PA 17011-6544. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5049948036419127; 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 $4,603.10. 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, •Plaintiffdemands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,603.10 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Att orne or Plaintiff A Law Firm En ge in Debt Collection Dated: 8/4/2009 BY: David J. A)Ro`Cliaker, Esquire Our File No.: 204667 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 relating to upsNvorn falsification to authorities. David J. A*thakek, Esquire DATE: 8/4/2009 LVNV FUNDING, LLC KURT J HENDLEY 27 S WEST AVE CAMP HILL, PA 17011-6544 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Original Creditor: Balance Due: Our File No.: 204667 KURT J HENDLEY 5049948036419127 SEARS $4,603.10 EXHIBIT "A" i !'IL ; - _ 12 Fi 1c Cu L?u3 F'.:.:U $18.50 Po Am or,* 145380 aa9 ?a? Sheriffs Office of Cumberland County R Thomas Kline FilU:1?-!0? -'F I"' E Sheriff OF TFE ?i a ' rN 1RY ???1tr at ?r,nGrfif Ronny R Anderson jr Q Chief Deputy 2609 SEP -I PM 2: 7 l Jody S Smith Civil Process Sergeant OFF ,CE r `?= ?-ERIFF rt,` Edward L Schorpp Solicitor LVNV Funding, LLC Case Number vs. 2009-5612 Kurt J. Hendley SHERIFF'S RETURN OF SERVICE 08/29/2009 10:29 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2009 at 1029 hours, she served a true copy of the within Complaint and Notice, upon the withir named defendant, to wit: Kurt J. Hendley, by making known unto Rick Enck, adult in charge at 27 S. West Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing tc him personally the said true and correct copy of the same. SHERIFF COST: $55.00 August 31, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ,,'(?Matga4?j Deput Sheriff w Our File No.: 204667 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 vs. Plaintiff KURT J HENDLEY Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5612 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, KURT J HENDLEY, in the default of an Answer, in the amount of $4,662.20 computed as follows: Amount claimed in complaint: $ 4,603.10 Less: Amount Paid: ( 0.00) Plus: Interest from August 4, 2009 to October 30, 2009 at the legal interest rate of 6.00% per annum 59.10 Attorney fees 0.00 TOTAL j) $ 4,662.20 I certify that Defendant, KURT J HENDLEY,1 st own address is 27 S WEST AVE CAMP HILL, PA 17011-6544. David J. Apo aker, Esq. Attorney for Plaintiff Dated: October 30, 2009 Our File No.: 204667 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. KURTJHENDLEY Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5612 Civil Action 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 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. Dated: October 30, 2009 Attorney for Plaintiff R Our File No.: 204667 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 vs. Plaintiff KURT J HENDLEY Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 27 S WEST AVE CAMP HILL, PA 17011-6544. 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 our inquiry indicated that the Defendant(s) is COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5612 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. David J. Apothaker, Esq. Attorney for Plaintiff I)epalmed ofDeFemae Manpower DaU Center Od-30-2009 07.49.41 3t hary Status Report Pt mad to ice Ser lee Memfms CiO ReWAct rWse..W&l ROVE Date ActiveDatF Stator Adieu Doty End Dare Service `i:are !ytrrey :N :37.E:" itiC?2I : Br.«d on t}r_ mfuatta4i Sri ,ou b';E?17ished. ;h.• DA{ni_' dux; nca p;,? ?; an: u?t. odicatingthe hndniduai stones. t"=Om search lhe' simmobou data backs of ter Depwwwat ofDekr sr Manpower Dena Genre. based an Bee worrameim mat YOQP-QVid4 69 abekv 60 oaten Status o(dw im&idrai as to 80b(mcbes of tie Urfa aced Sa%im (Army, Nmy, N- larim Corps Air Farce, NOAA, Pubic Health, and Coast Eduard).. rllll4,r4- ,cam- .. ?sue M, Snas=rfy-Tliann, Direct- of Drkarte - Mmpmw Daft Center IWO'Wls as WC Suite 400 Atimgion, VA 22209-2593 The Dar a .Mmapower Data Cemer (DM DC) is to " oqpnization of dtt Departamm die that wAkOW the T3eCme Enruhmext and Ehpl&y Report System (DMS) database w is the c$iriot sorrce of data an thpbk far naRtarr mead care and odwr v systems. Td? rD4T? ? ?? aF ? :? ?: Civi ReY?f Ace (? ?-5c =? ?3 ;?i et a? (SCRAI ? keativn as tBe 5elritrs' anri Sao&ars' Civfl Act of 1?0}. D Bas issued krd3 ? of "dnes not possess my' that ft ' of eratendyr cm artive matt'" tesponsti, and bass experkneed a saa$ raw fete. TA the evert ndkidaa) referenced abem-e, or =Tfamiy memEer. fsi"4 or rep tscaaaeser as" it say moaner chat the iis ou active Katy. or isothcrA r entitled to St protrcti ms of [fie SCRA, you ace stro4j cactxeaged to edkak hv*a verificafim of $et}errsoossmsby toatactag daatpefscasSeniceviadw" tsui"LRL vsr ss>:: cis nu[tagp<s!AG 494 lf)vat c et a thapefson g cm acfls^r c4 awd y?af ari nbt t#sss Sen°ict vr.6-aEioq p love provisions cf the SCRA nmv be iovakLd. against your Sec SO SC App- §521(c). Vyea[ obtain additicaialbraodw i7lsoatt dre peeress (t.$ , an S&N. intraraved se a ofDOB, zoriddle m mat), y on Gal[ Submit your request again at dis Web site mad xv wa p mi&- arm cetitueaze for that query, 11as nVqw reflects active dads stag date tw k&vkWA wu lea oa gctn t date, it of as sci s tIm preceding 367 days. For bistmical i&nnzSom phrase contact the Ste sskv SCRA pains-of-eruct. ,4d'arc infortrmdorr an "Acdw DA Sawn' Aetim duty scams as reported in this entifa ate is defined is aecordaece with 10 L SC § 101(AKI ) fet a period of mrcc than 30 todsetatiat dm's In de rase of a to mbft of dre Natiorial Cmard . s kuk-s strt°ue tinder a tai to octnvc sft-vke adbmatd a byte Prtsidttu of the :*rtretarsr d`? far a period oCmcre tBau 3+D ' asps aorta' 3: li'*C § SG?tFj Car parpates c? r to a raix,4ad dtelartd try [Fret Pty aand mppcrud h; Fedcr? funds- ?1R Astux {`nt vd Raserx•'e {AI:rR? antsaxbers ferret be assigned *pinst ' an wAotimdawbfizatiou Wskioo in the unit the-; s This inckidts N a,'v TAR s. M- mmi t Corps ARs and Coast Cnaard RPAs. Artis°e Daly status afro appfin to a L' aforrued Service meatbtr vubio is an acdm durty c rmmiisiotw4 d er of the U S, Psialrc Heslth Soviet or dw'Naaemt Oceaauc and Asxewspheric A ` ' (NOAA Commissioned Corps) t,,f a period ufmore than 30 cmvrcu isv daps- Cvmnatye Under dw Se L4 ar Rraa der in Saari Cam Coverage under dt SCRA is broader in some cases and it clades stmt categories of persons on wive duty far purposes cfdw SC'RA utto %vtdd not bt reported as an A 'e Duty under'ths cettid sate. Maur times orders arc auxuded to extend de period of `in,e duty, vAich world. extend CRA protec6ous. Perscros seeking to rthy on this webs to cert6cafim shmid dmeek to nwke scar the omdcn on w%& 5CRA protections are based have not been atneaded to and end the iatcia &e dares of service. F . saw Wow6m of the SCRA may,extead to persons, hme received orders to report for octise dm3 or to be inducted, but who harm not a4ttiafiy beStm actnx ? ?achaatby rrpofirafoc mdauciim. The Last Date oar Aclite Duty entry is i nportant bye a &Anber *fprokctmmi? of SCRA extend beyond the lag dater guise duty. Those %&o vudd ttty on *rs certificate are urged to seek qualiled legal co id to erasmr [Bar at tW is pj&mdrtd to Sen°sce s tauter the SCR: are protected. NVAR Z'"da This ce erne was provided based on a name and SSN provided by the rciTatA.er. Proaidag an mmucous uame or SSX wtR cattse an mooems certificate to be provided. Repaart W-,60CTD7MS$F 204667 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) KURT J HENDLEY ) NO. 09-5612 To: KURT J HENDLEY 27 S WEST AVE CAMP HILL, PA 17011-6544 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 24, 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 ).S1 D"AVRD 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 .,7 f..?-' (-?1Y FILED- u 1 V... n ` _ T ?Y.R.Y 2s V. :?S C:? #14.oo Pa ArrY W 43a&75 k)o?Ge M" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KURT J HENDLEY 27 S WEST AVE CAMP HILL, PA 17011-6544 LVNV FUNDING, LLC VS. Plaintiff KURT J HENDLEY Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5612 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, Esq. at this telephone number: 800-672-0215 "/10/09