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Home My WebLink About08-3720Our File No.: 167368 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 ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. EMELYN BOTTORF 108 BEECHCLIFF DR CARLISLE, PA 17013-9097 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. p$ - 37otD 01 v t l e m 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 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 ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. EMELYN BOTTORF 108 BEECHCLIFF DR CARLISLE, PA 17013-9097 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: d 8- 3 -7d0 C;.-4 T. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are EMELYN BOTTORF, an adult individual residing at 108 BEECHCLIFF DR CARLISLE, PA 17013-9097. 3. Plaintiff, ARROW FINANCIAL SERVICES LLC, is the Assignee and Successor in Interest of Account #4185861535236206; and said account was issued to Defendant(s) by WASHINGTON MUTUAL BANK, 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 $1,708.79. 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, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,708.79 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER &.ASSQCIATES, P.C. A Law Firm En&2ed ii Debt BY: Dated: 6/17/2008 David Our File No.: 167368 VERIFICATION David J. Apothaker, Esq. 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 worn falsification to authorities. David Y,?yA 0?fhaker Attorney for Plaintiff DATE: 6/17/2008 ARROW FINANCIAL SERVICES LLC EMELYN BOTTORF 108 BEECHCLIFF DR CARLISLE, PA 17013-9097 STATEMENT OF ACCOUNT Debtor's Name: EMELYN BOTTORF Account Number: 4185861535236206 Original Creditor: WASHINGTON MUTUAL BANK Balance Due: $1,708.79 Our File No.: 167368 EXHIBIT "A" N r? C,. c C> -TI Eil L _) 3 - .c-- ZO cc =-< 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03720 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARROW FINANCIAL SERVICES LLC VS BOTTORF EMELYN RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BOTTORF EMELYN was served upon the DEFENDANT , at 2103:00 HOURS, on the 25th day of June 2008 at 108 BEECHCT,TFF nR CARLISLE, PA 17013-9097 MARIAM HEFFERNEN, DAUGHTER by handing to 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 Service Affidavit Surcharge 7/b',0 ,f g- 18.00 9.00 .00 10.00 .00 37.00 Sworn and Subscibed to before me this day So Answers : R. Thomas Kline 06/26/2008 APOTHAKER & ASSOCIATES By: -4? Deputy Sheriff of A. D. Our File No.: 167368 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 ARROW FINANCIAL SERVICES LLC FIf,.f=f} Ff t( OF THE 1010 APR 19 AM I t : 33 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. EMELYN BOTTORF NO.: 08-3720 Civil Action Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, EMELYN BOTTORF, in the default of an Answer, in the amount of $1,865.75 computed as follows: Amount claimed in complaint: $ 1,708.79 Less: Amount Paid: ( 0.00) Plus: Interest from June 17, 2008 to March 26, 2010 at the legal interest rate of 6.00% per annum 156.96 Attorney fees 0.00 TOTAL $ 1,865.75 I certify that Defendant, EMELYN BOTTORF, last wn address is 108 BEECHCLIFF DR CARLISLE, PA 17013-9097. David J. Apothaker, Esq. Attorney for Plaintiff Dated: March 26, 2010 I x-.00 P Q AYH ?? l? 4q lv6 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: EMELYN BOTTORF 108 BEECHCLIFF DR CARLISLE, PA 17013-9097 ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. EMELYN BOTTORF NO.: 08-3720 Civil Action Defendant 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, Esc. at this telephone number: 800-672-0215 I--- k ,? ,q /)06 Our File No.: 167368 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 ARROW FINANCIAL SERVICES LLC Plaintiff VS. EMELYN BOTTORF Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3720 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 unsworn falsification to authorities. 'a.C.S.A. §4904, relating to David J. Apotha Esq. Attorney for Plaintiff Dated: March 26, 2010 Our File No.: 167368 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 ARROW FINANCIAL SERVICES LLC Plaintiff vs. EMELYN BOTTORF Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3720 : 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 108 BEECHCLIFF DR CARLISLE, PA 17013-9097. We inquired with the web site of the Defense ME Wilson Boulevard, Suite 400, Arlington, VA 22209-25 branch of the military. , Mary M. Snavely-Dixon, Director of the Defei our inquiry indicated that the Defendant(s) is/are not in Center has sent back David J. Apothaker, Esq. Attorney for Plaintiff r Data Center, located at 1600 the Defendant(s) is/are in any 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. Drpartm,ad ofDefen c -Ni wer Data Center I& Pursuant \IiNtw- SLatus Report to the Sri--ice lfembetsChi RefidAct MW-26-:410 07:4&24 Last Name Ftrstlfutdlr B+e& Date Acth* Dash, Statas Active Dane £ad Date 5enice iyeracg BOTTORF EMELY Armed t ebe iraft?aTik ticm . t l firsi the D tDC does rrar p asses ??^: aifc v rrAcaung die rrtdicidual status. Upon searching the iiorr" su theta bares cf the Defease Magvwft Data Ctmet. based on lb,- ilbrumfim lieu your pro)ided, live aE -t r 1s the slats cd Sae ixhidu4 as to A brawhes 4due Unifn rated Servic es (Arusy, bevy, ?tlmime Corps, Air Force, NOAA, Puhfc Hraldt, and Coast Guard). IA. A 't 104- "put Mary M. Sss of -1} - ? Director Dtpaftxnt of D&r.?c - Manpomw Data Center 16WVTsonphd Sut.z40f' Arlington VA _.3"9.1;93 The Defe se 44=posver Darn C-rnri>r (D % is an orgm*adon dd the of Defeadse rh t dae Defense Enrelmal aid Reporting Sy=stem (DEFR,S1 database which is tlx offiYial source of data on rkgibiity fdit uditary medical care and odher ft sy n, The DoD strono%. supports tlue erdisrcement of the Service Members Cmi Rif Act (% t3SC App. §§ 501 et seq as armed) (SCRA} (fixmESl. kv?e?.in as SakSn's' mad Says' Civ? Ite!<efAds eA' 190 D?'IDC has issdted btmdeeds ? of "dries gos,, cs : rats ira£ i indica6ag flies the indKidad is r urtently on acdit r dus't's tom, and leas e; ell a saud error n de. In the c ear the tidaal referenced abmv, or my fan,,; member, friend, or representam r asserts is env miter d w tl:e °in&idlual is L n , -tine d LA , Of is oiberwise er,t d to Lire Im tcL-tions ofd w SCRA, you are sa ?9_ enctsdragcd to Maur fit r s r. c < ttir pttr?s was by r, 3a * 64 dfso a"_ Str- c:e via the 'defi seW ud t n hrtP. °. ; dev- c -k tti l ta_. I? d?Sz L ' i-rtl. 1f}'ou lra v ea?i $ ace the pmon is on actf m 61m; end ^ou foil to alRam Stns and4slSeni, -la5s:ctoaLptmiliveprc-;xo,--ttlxSCRAmar; he zwckcdagainstyou, See 50USCApp.§c_lic) If you Obmg a l'di;;4a- l ulf, tnvsm about dw PAZc son (e.g, an SSI , trnps r. ed accurarey of DOB,-, minuet- n ), you cats P*rutt your ter st again atthb %Veb site and we uillprc id e a new certificate for dint diary, TUS response ref acts active dory- stants inchx* date tke art yid al was last: on icx dray, Fat as vain the preceding 367 days. For historical k&rmavau, pEeasr contact the Service SCRA paints-cf-coetact ildrrr jre gr an "Active Auto Status" ,acme ckm, stains as repratcd im Sus certifi._sre s d-E xrd in accordance w i& 10 U SC § 10l(d)(1) for a period of mcce than 30 ccrosrrutn e da;= i In the cas^ of a merabrr of the \a:.iunal On&d,. id #ts serve under d cal to nctn°c ser:uC a ized by dl presAzmt cc 6e "atvea-: o' D44?a5e f~T a pe4i 4.7f mare than 30 e ° t clays tasdrr' 3.1 t: S § 5049 for purpms of resl,r ado to a inata nrtra tic; declared b the President and supported by Federal finds AI Actn-c Guard Rcscrvc (AGR) ux Ynb s < cutest br as3imcd rst a uh xi ed po xt ire the una they st npotd 7tis i xkxks Ya,, TARs,:Mwinc tarxps A?:s anti C c> .•:t Cru;ttcf RIt.?s ;??tn a [)ud.. statues a to a ? ' Seraiee messbn «hta v an acti?t dt?' ci?rtsmiss?xie,j c<£4c1•r cf thr t"S. Put Hrakh Srr.a: ¢ or tlpk??atidieal CMearas and.Atirio?slu°tic ' ' atiott t"dfl Constussioued Corps, idxu i p-tiod of more than 30 consesmim des. Ccts r t nAm the SCF- l is 3 mm*r in Samw Cows Coverage under the SCl? -% is broader is some cases aid includes some catego des ofpersons on active duty- for purposes the SCRA %to would not t r r eported as on Acuity Dsrty under tlis certificate, Many tints orders art amended to extend the period ofactwe dirty, aihirh would extend SCRA protechonc° Persons sedang to rely cc dti< tr-f,skt ?-ntt ica&n should che& to mue stre tie orders on ithich SCRA protec6:+ ns are bash have not been amended to eltetul lute ca As r e c3.ates of sw'i a Furth roore, some pttaecdcas of d)e SC'RA m,?ty extend to persms have :retie ed ord.-rs to repots for aztn c duty or to be aiducu:A but who haver actualy begun attic a dirty or acmath reported for in.ductieri I1ie Last. i7ale trnActs c erdry s Q? beenrsc g mintier of ITrt,2c_tions of SCRA ?trssd L.r_: Lyxl tdae last dun of aedive dtrtv. Those who would rely on tins certificate are urged to see gna5fied Legal counsel to ensure that al rigltts guaranteed to Service tneu*wi zmder the SCRA'are protected. t_- P-\T_ Gi T1as ccatifiieatc was provided based on a name and SSN provided by the requester- Providing as arrDIICMns same or S`:N wA tause an erroneous cerfi&ate to be ptosicied Repast TI>V%,T-UPJiFQ 1- 67368 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ARROW FINANCIAL SERVICES LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) EMELYN BOTTORF ) NO. 08-3720 To: EMELYN BOTTORF 108 BEECHCLIFF DR CARLISLE, PA 17013-9097 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: July 25, 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 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 s DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC 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