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Home My WebLink About07-5838 Our File No,: 112609 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. EDNA DAILY 514 SECOND CARLISLE, PA 17013-1805 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b7- 5s38 0,ivil 1erM 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 . APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. EDNA DAILY 514 SECOND CARLISLE, PA 17013-1805 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is EDNA DAILY, an adult individual residing at 514 SECOND CARLISLE, PA 17013-1805. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $3,492.74. 10 8. , Althqugh demand has been made, Defendant has failed to make payment of the amount due as above.' 9. The original creditor is MONOGRAM CREDIT CARD MONTGOMERY WARD. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,492.74 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney Plaintiff A Law Firm End a in Debt.Collectioi BY: Dated: 9/18/2007 Our File No.: 112609 or VERIFICATION David J. Apothaker, Esg, 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 unworn falsification to authorities. DATE: 9/18/2007 PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 EDNA DAILY 514 SECOND CARLISLE, PA 17013-1805 STATEMENT OF ACCOUNT Debtor's Name: EDNA DAILY Account Number: CP4A01965736018 Original Creditor: MONOGRAM CREDIT CARD MONTGOMERY WARD Balance Due: $3,492.74 Our File No.: 112609 EXHIBIT "A" I 04 Y ul) i ?1 f c SHERIFF'S RETURN - REGULAR CASE NO: 2007-05838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS DAILY EDNA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAILY EDNA the DEFENDANT , at 2053:00 HOURS, on the 10th day of October at 514 SECOND STREET CARLISLE, PA 17013-1805 by handing to EDNA DAILY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ? 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/11/2007 APOTHAKER & ASSOCIATES By. A. D. 2007 e Our File No.: 112609 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 PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, EDNA DAILY Defendant. vs. NO.: 07-5838CV Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and against Defendant, EDNA DAILY, for failure to answer or otherwise respond to the Complaint Civil Action. The Complaint was served upon the defendants on October 10, 2007 by the CUMBERLAND Sheriff's Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on November 15, 2007, and also attached hereto. 61 ,r Assess damages in the amount of: (a) Balance: $3,492.74 (b) Interest from September 18, 2007 $211.29 TOTAL $3,704.03 APOTHAKER & A&SOCIATES, P.C. A Law Firm Engaged Jn Debt By: David J. Apothaker Dated: 10/20/2008 4, L Our File No.: 112609 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 PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) Plaintiff, ) VS. ) EDNA DAILY ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5838CV Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . 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 514 SECOND CARLISLE, PA 17013-1805. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 2 9- 593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the efen Manpower to Center has sent back our inquiry indicated that the Defendant(s) /are of in th litary. Davi . Apothaker Attorney or Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center SEP-20-2008 06:34:33 0 Military Status Report Pursuant to the Servicemembers Civil Relief Act { Last Name First/Middle Begin Date Active Duty Status Service/Agency DAILY EDNA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual 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 current status of the individual as to all branches of the Military. 4141 )4, it 14_4?w- Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided!, below. If you have evidence the person is on active-duty and you fail to obtain this additional Military ' Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: ft://www.defenselink.mil/faq./pis/PC09SLDR.htxnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/20/2008 1 ? Our File No.: 112609 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. EDNA DAILY 514 SECOND CARLISLE, PA 17013-1805 Defendant. NO.07-5838CV NOTICE OF INTENTION TO TAKE DEFAULT TO: MIDPENN LEGAL SERVICES 401 E LOUTHER ST SUITE 103 CARLISLE, PA 17013 DATE OF NOTICE: November 15, 2007 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 (10) days from the date of this notice as set forth above, 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: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 /s/ David J. Apothaker DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 SHERIFF'S RETURN - REGULAR t , CASE NO: 2007-05838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS DAILY EDNA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAILY EDNA the DEPMANT , at 2453:00 HOURS, on the 10th day of October , 2007 at 514 SECOND STREET CARLISLE, PA 17013-1805 by handing to EDNA DAILY a true and attested copy of COMPLAINT & NOTICE together with and at the same tithe directing Her attention to the contents thereof. si2ertc# tat, So Answerst Secv tf rio " 18.04 .?` Service 4.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.80 10/11/2007 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day of A.D. EI f :s r rs r c --? O 70 F ' n { s It OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MIDPENN LEGAL SERVICES 401 E LOUTHER ST SUITE 103 CARLISLE, PA 17013 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. EDNA DAILY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-5838CV ) } Civil Action Defendant. 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 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 215-634-8920