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Home My WebLink About05-5329 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA LHR. INC., assignee of THE BON-TON NO. 06' - f3.Wf ~(.; IN CIVIL ACTION Plaintiff(s) -vs- MARKA. HICKOFF Defendant(s) COMPLAINT CODE- PILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA LD. No. 37942 Charles F. Bennett, Esq. PA J.D. No. 30541 Joel E. Hausman, Esq. PA J.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LHR, INC., assignee of THE BON-TON NO. IN CIVIL ACTION Plaintiff(s) -vs- MARK A. HICKOFF Defendant(s) NOTICE TO DEFEND 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, 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 Bar Association 2 Liberty Avenue Carlisle, P A 17013 1800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation having offices at 56 Main 51., Hamburg, NY 14075, and as the assignee of The Bon-Ton, stands in its assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff'. 2. Defendant is an individual whose address is 30 E. Keller St, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At a specific instance and request of the Defendant, the Defendant applied for and was granted a credit card and/or loan by Plaintiff at the terms and conditions agreed upon by the parties. 4. The Plaintiff avers that the agreement between the parties was based upon a written agreement which the Defendant accepted by using credit card or loan to make purchases and/or cash advances. 5. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 6. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 7. Plaintiff avers that the balance due amounts to $1,523.48, as is more specifically shown by Plaintiffs Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 8. Plaintiff avers that the interest has accrued at the rate of 6% per annum on the balance due from April14, 2005. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $1,523.48, with appropriate additional interest from April 14, 2005, and costs. APPLE AND APPLE, P.C. ~~ - THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, '~ LHR INC. 56 MAIN STREIT HAMBURG, NEW YORK 888-275-8116 DEBTORS NAME: MARK A. HICKOFF DEBTORS ADDRESS: 30 E, KELLER STREIT OTY & STATE: MECHANICSBURG, PA 17055 STATEMENT OF ACCOUNT ACCOUNT NUMBER: 87663 ORIGINAL CREDITOR: BONTON ORIGINAL ACCOUNT NUMBER: 95427696 CURRENT STATEMENT DATE: APRIL 13, 2005 PLACEMENT BALANCE: $1,548.48 PRINOPAL: $1,548.48 DATE OF LAST PAYMENT: MARCH 4, 2003 INTEREST: $0.00 TOTAL AMOUNT OF PAYMENTS MADE TO LHR: $25.00 TOTAL AMOUNT DUE: $1,523.48 'f" SUBSCRIBED AND SWORN TO before me, a Notary Public,)n and for Erie County and State of New York, this 4day of April, 2005 .i!< My Commission Expires: ,~ .' - ~ '\--'--, -."~";; ~ {t$' ',""'-c'." , ;......,;ii..~ .. .... JENNIFER A. HURLEY ..y4- Notary Public. Stale of New Vorl< No. O:/HU6091064 Qualified In Erie County Commission Expires April 21, 2007 .......".. '. . .'1, ~~ ~,. ....,. .. ^ \ (J J L/ 'f\. ~ 1(;,(,3 AFFIDAVIT I Y'Ja",,~Y\e~ ~US L\\ \( , \ '(\L.., , of , Plaintiff herein, verifY that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94909, relating to unsworn falsification to authorities. ieh ~5 Date Affiant ~L)fctnr Title 30 ~InStn:d- Address fbmtt'rg NY 1407':) City, State and Zip \ \J~ ~P' ~ r\i 6i f-? ~~ () C>4 -n ~~ ;v ~~ & ~ % c:::> C) -~ p ,- - r'~ ~ \? (.....) -, ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LHR INC VS HICKOFF MARK A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HICKOFF MARK A the DEFENDANT , at 1959:00 HOURS, on the 17th day of October 2005 at 30 E KELLER STREET MECHANICSBURG, PA 17055 by handing to MARK HICKOK 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 18.00 9.60 .00 10.00 .00 37.60 So Answers: .1;.'''''':G';:~,~...c ~ . . R. Thomas Kline day of 10/24/2005 APPLE & APPLE / ~, By: 11btJ (It Deputy Sheriff Sworn and Subscribed to before me this f "" Jk--v--4t-1.~ .;) o-D>~ A.D. /l1Jl9ary ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LHR, INC., assignee of THE BON-TON NO. 2005-5329 IN CIVIL ACTION Pfaintiff(s) -vs- MARK A. HICKOFF Defendant(s) PRAECIPE FOR DEF AUL T JUDGMENT CODE- FILED ON BEHALF OF PLAINTFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No 37942 Charles F. Bennett, Esq. PA I.D. No 30541 Joel E. Hausman, Esq. P A I.D. No 42096 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 . .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LHR, INC., assignee of THE BON-TON NO. 2005-5329 IN CIVIL ACTION Plaintiff(s) -\'S- MARK A. HICKOFF Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in the amount of$I,578.57, computed as follows: Amount named in Complaint $1,523.48 Interest from April 14, 2005 to November 21, 2005 on $1,523.48 $55.09 Less payment of: -$ Attorney fees $ TOTAL $1,578.57 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P. 237.1. A copy of said Notice is attached, and was mailed on November 10,2005 by regular mail, postage prepaid and, addressed as follows: Defendant: Mark A. Hickoff 30 E. Keller St Mechanicsburg P A 17055 APPLE AND APPLE, P.c. Dated: 11/30~S f f By: s for the Plaintiff(s) --.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA LHR, INC., assignee of THE BON-TON NO. 2005-5329 IN CIVIL ACTION Plaintiff(s) -vs- MARK A. HlCKOFF Defendant(s) Mark A. Hickoff 30 E. Keller St Mechanicsburg, PA 17055 Date of Notice: November 10.2005 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cnmberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1800-990-9108 .~ ( By: I 0-" . , James R. Apple, Esq. Attorneys for Plaintiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 i 'i \-) -tl+ r-::~ :.a C> - Q r'-.1 ~ - Coq (' "; ..::t " - 6""' ~ .--) lr\ r ;" "3 , ...:r t ~ J f'~ --- . .. f - !......' (,i G