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Home My WebLink About10-5634Our File No.: 268931 ` APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. RUSTY A SMITH SR 70 KONHAUS RD MECHANICSBURG, PA 17050 Defendant. 10 ?' 31 AM tt: 43 CUM MY P?N V A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 1p - 5(03` (''Vtl T em 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 s 44x•00 PA AT?-( "10509 ay'7570 O.ur File No.: 268831 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, vs. RUSTY A SMITH SR 70 KONHAUS RD MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601. 2. Defendant(s) is/are RUSTY A SMITH SR, an adult individual residing at 70 KONHAUS RD MECHANICSBURG, PA 17050. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 2797; and said account was issued to Defendant(s) by GE CAPITAL/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 $2,769.19. 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". 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 $2,769.19 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS$OCJATES, P.C. Attorney to R A Law Firm Enm in BY: Dated: 8/20/2010 David J Our File No.: 268831 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 sorn falsification to authorities. David J. Apo aker, Esquire Attorney fo laintiff DATE: 8/20/2010 LVNV FUNDING, LLC RUSTY A SMITH SR 70 KONHAUS RD MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: RUSTY A SMITH SR Account Number: ending in 2797 Original Creditor: GE CAPITAL/LOWE'S Balance Due: $2,769.19 Our File No.: 268831 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F7LEl~;;rrr~~ Sheriff ~'~~ Tp ~~- ~,,~,,.. ~ ~ ~r, i ~,,f~`( Jody S Smith ~ ~ a' ~ ~~_-~ Chief Deputy 3 t ~ t ~ f ~ ~~~~ ~~~ ~ Richard W Stewart CL1FJ Solicitor :. .. , .: PENt,~~V~~ `~1~Y LVNV Funding, LLC Case Number vs. 2010-5634 Rusty A. Smith, Sr. SHERIFF'S RETURN OF SERVICE 09/09/2010 03:04 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 1504 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rusty A. Smith Sr., by making known unto Renada Harkins, adult in charge at 70 Konhuas Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~~ STEPHE BENDER, DEPUTY SHERIFF COST: $37.00 September 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Our File No.: 268831 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. RUSTY A SMITH SR Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-5634 CIVILTERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A Law Firm for lainti ,-d ' Debt TES, P.C. By: N_1v David J. Apothaker, Esquire Dated: 11/17/2010 IIIIIINIIIIIII FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 30 PM 1: 27 CUMBERLAND COUNTY PENNSYLVANIA