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Home My WebLink About07-5922 I I Our File No.: 103 709 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 2417 Welsh Road, Suite 21 #5: Philadelphia, PA 19114 vs. RANDY L SIMPSON 104 PEARL DR CARLISLE, PA 17013-1044 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 67 _ 5qu eivi I Term NOTICE You have been sued in co If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this c mplaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your efenses 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 d 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 T IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO T 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 Le han demandado a u usted tiene veinte (20) dias de pl con un abogado v entregar a la no se defiende, la corte tomara n puede decidir a favor del edema dinero o sus propiedades u otros LLEVE ESTA DEMA DINERO SUFICIENTE DE P CUYA DIRECCION SE ENCL LEGAL. AVISO en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted Jas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte 1te y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder ;chos importantes pare usted. A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL : TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA .A ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attomey-LD.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) ) c/o Apothaker & Associates, PC. 2417 Welsh Road, Suite 21 #5 0 ) Philadelphia, PA 19114 ) Plaintift, ) vs. ) RANDY L SIMPSON ) 104 PEARL DR ) CARLISLE, PA 17013-1044 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ul-,P9a7Z Civil -FefM 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 RANDY L SIMPSON, an adult individual residing at 104 PEARL DR CARLISLE, PA 17013-1044. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, o the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is at?ached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant rece?ved and accepted the goods and/or services described in Exhibit "A". The prices set Oth 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 y, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, PI intiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $2,293.07. 8. ' Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is METRIS COMPANIES, INC.. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,293.07 plus costs, and reasonable attorney's fees. APOTH=R SOCIATES, P.C. Attorn Id r Plaintiff A Law Firm E a' in Debt Collection BY: Dated: 9/26/2007 Apothaker Our File No.: 103709 VERIFICATION David J. pothaker,_ Esq. this Verification, and that the best of my knowledge, subject to the penalties of 18 states that I am counsel for plaintiff in this action, and that I am authorized to take made in the foregoing Civil Action Complaint are true and correct to the and belief. The undersigned understands that the statements therein are made .C.S.A. 4904 relating to unsworn falsification to authorities. DATE: 9/26/2007 Attorney for Plaintiff RANDY L SIMPSON 104 PEARL DR CARLISLE, PA 17013-1044 ST Debtor's Name: Account Number: Original Creditor: Balance Due: Our File No.: 103709 PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 DY L SIMPSON 100844374666 RIS COMPANIES, INC. >3.07 EXHIBIT "A" P ? 00 _ o a 91 b N U C SHERIFF'S RETURN - REGULAR CASE NO: 2007-05922 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS SIMPSON RANDY L RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SIMPSON RANDY L the DEFENDANT , at 1392:00 HOURS, on the 28th day of October , 2007 at 104 PEARL DRIVE CARLISLE, PA 17013-1044 RANDY L SIMPSON by handing to 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 1?f a?Jb? 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/29/2007 APOTHAKER & ASSOCIATES By : a ,?/? - Deputy /Sheriff of A. D. 46 Our File No.: 103709 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) Plaintiff, ) VS. ) RANDY L SIMPSON ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-05922 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, RANDY L SIMPSON, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on October 28, 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 January 4, 2008 and also attached hereto. Assess damages in the amount of: (a) (b) (c) Balance: $2,293.07 Interest from September 26, 2007 $48.25 Costs $111.30 TOTAL $2,452.62 APOTHAKER SOCIATES, P.C. Attom s l r Plaintiff A Law Firm gag d in Debt Collection By: Dated: 2/1/2008 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 ) Plaintiff, ) vs. ) RANDY L SIMPSON ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-05922 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 104 PEARL DR CARLISLE, PA 17013-1044. 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 the efe se Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are no in t military. David-. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05922 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS SIMPSON RANDY L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SIMPSON RANDY L the DEFENDANT , at 1392:00 HOURS, on ,the 28th day of October 2007 at 104 PEARL DRIVE CARLISLE, PA 17013-1044 by handing to RANDY L SIMPSON 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: So Answers: Docketing 18.00 Service 4.880 0 ?b Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 32.80 10/29/2007 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: a!6 before me this day Deputy heriff of _ A.D. Our File No.: 103709 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. NO. 2007-05922 RANDY L SIMPSON 104 PEARL DR CARLISLE, PA 17013-1044 Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: RANDY L SIMPSON DATE OF NOTICE: January 04, 2008 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 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 Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 FEB-01-2008 10:51:51 Last Name First/Middle Begin Date Active Duty Status Service/Agency SIMPSON RANDY L 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. 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: http://www.defenselink.mil/fau/t)is/PC09SLDR.html 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 2/1/2008 Cl ' G7 Lo OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: RANDY L SIMPSON 104 PEARL DR CARLISLE, PA 17013-1044 PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) Plaintiff, ) VS. ) RANDY L SIMPSON ) Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-05922 Civil Action 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. 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: 215-634-8920 '211 alo 8 ?7"?5r*7