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HomeMy WebLinkAbout08-3997a Our File No.: 13 8173 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. EVELYN M GARBER 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0p-3q9-,r Ct?K-:P -T--,u- 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 PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. EVELYN M GARBER 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D8- .3911 Lbw-4-7Z, CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are EVELYN M GARBER, an adult individual residing at 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #5542856714244869; 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 $5,250.04. 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 L $5,250.04 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney f aintiff A Law Firm Ena d ' Debt Collection BY: Dated: 6/30/2008 David Our File No.: 138173 VERIFICATION Tiffany Ross hereby states that I am Legal Specialist 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. Plainti DATE: M ? Y PORTFOLIO RECOVERY ASSOCIATES, LLC EVELYN M GARBER 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342 STATEMENT OF ACCOUNT Debtor's Name: EVELYN M GARBER Account Number: 5542856714244869 Original Creditor: WASHINGTON MUTUAL BANK Balance Due: $5,250.04 Our File No.: 138173 EXHIBIT "A" ? na rM rTT-, ~ of -!f ? . m cn t!5 co SHERIFF'S RETURN - REGULAR CASE NO: 2008-03997 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS GARBER EVELYN M 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 GARBER EVELYN M the DEFENDANT , at 0011:22 HOURS, on the 12th day of July 2008 at 208 SENATE AVENUE APT 307 CAMP HILL, PA 17011-2342 by handing to EVELYN GARBER DEFENDANT 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: So Answers: Docketing 18.00 ?J Service 15.00 Affidavit .00 ?(• Surcharge 10.00 R. Thomas Kline .00 -71/1, /08' C?-- ? 43.00 07/14/2008 APOTHAKER & ASSOC Sworn and Subscibed to By: before me this day D ut She f of A.D. . • 'jL Our File No.: 138173 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. EVELYN M GARBER Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3997 Civil Action PRAECII'E FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, EVELYN M GABBER, in the default of an Answer, in the amount of $5,463.66 computed as follows: Amount claimed in complaint: $5,250.04 Amount Paid: - $(55.00) Interest from June 30, 2008 to 06/09/09 at the legal interest rate of 6.000 per annum $268.62 Costs $0.00 Attorney fees $0.00 TOTAL $5,463.66 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, EVELYN M GARBER, last know address is 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342. APOTHAKER &?6)OCIATES, P.C. A Law Firm En ge in Debt Collection By: David J. Apothaker Dated: 6/9/2009 . . > ~ Our File No.: 13 8173 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. ) EVELYN M GARBER ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3997 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 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342. We inquired with the web site of the Defense wer Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the of dant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defen pow Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the milit David J. 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. . ' "44 APOTHAKER&AsSOCIATES, P.C. Depiortuicat of Defense Manpower Data Cater Hilary Stains Repeat Pursuant to the Se is CH Reief Act Mary 1111. Saavdy I h-m Director Depareme t o[Defense - Manpower Data Cutter 1600 Wilson Btw(L, Sake 400 A VA 22209-2593 ATTORNEYS AT LAW JM-09.2009 09:5431 The Demme Ma upower Data Center Q)MC) is an eqprization of the De part nen t c(Def that nsaintain s the Dcfemc I official F.ar< hne at nerd ENgW RqK0ag System (DEERS) database which the source of data an eliigjibi1 ty for stary rMaicai ewe and other e1 ty systems. Ilse Department of Dew strongly supports the a nforccnxmt of the Se rvi neubers Civil ReWAct [30 USCS Apps. §§ 501 et segj (SCRA) (f ly the Sow' and Sailors' Cori Reliief Act of 19"- DMDC has issued hundredsof thousands of 'does not possess any i©furrmahm 'indicating dot the; ' ` ' is cnrr * ar active W rcsponses? and has experkneed a sual error rate. In the event the k&vi&d referenced above, or any f m* umber, fiienct or representative assess is any snamer that the individad is on active duty or is odwrwise entitled to the protections of the SCRA, you we strawy encouraged to obtain fordier vaffieadon o the person's active duty stye by cr ag pe€sods wry Service via the'desfi?elVUte nail' URL provided below. If you hence evidence the parson is oa awe-daty and you fail to obtain this addWonal Hu`ffy Service v+eri'icadon, providorns of the SCRA may be invoked agate you. If you obtain about tare pe rsou (e g., an SSN, impmved accuracy of DOB a ar a aame), you can submit your request again at this Weds site and we win provide a new cerdficete fbi then query. This response reflects current active duty staters only. For histowal " . please contact the Mary Service SCRA points- of-contact. See. hnP- Iwww knseWc- lfata StpC't19SLDR.html WARNR4G-. This dates was provided based an a name and Social Security nuacber (SSN) proves by the reepester. Providing an aroneow name or SSN wB tame an wooom t:alficate to be provided. A*portMBHZCMTFIKF Upon sembing the isfannatim data beaks of the Departasent of Defense Manpower Data Gentler, based on the infmnation dot you provided, the above is the current status of the individual as to alf brandws of the may. • 138173 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) EVELYN M GARBER ) NO. 08-3997 To: EVELYN M GARBER 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 12, 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR DA J. APOTHAKER, ESQUIRE APOT R & 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 438423 + SHERIFF'S RETURN - REGULAR CASE NO: 2008-03997 P COMMONWEALTH OF PENNSYLVANIA: .,, COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS GARBER EVELYN M Fpl JUL 17 ?_0 8 KENNETH GOSSERT ', ?kierlff cis Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GARBER EVELYN M the DEFENDANT , at 0011:22 HOURS, on the 12th day of July , 2008 at 208 SENATE AVENUE APT 307 CAMP HILL, PA 17011-2342 by handing to EVELYN GARBER DEFENDANT 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: So Answers: Docketing 18.00 Service 15.00 Affidavit .00 • Surcharge 10.00 R. Thomas Kline .00 43.00 07/14/2008 APOTHAKER & ASSOC Sworn and Subscibed to By: before me this day D ut She f of A.D. AP OF ZOOg jol 5 ATT-4 Pp 414.00 04 Isler"W5 r ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: EVELYN M GARBER 208 SENATE AVE APT 307 CAMP HILL, PA 17011-2342 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. EVELYN M GARBER Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3997 Civil Action 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 41 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 ?fi5?o9