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Home My WebLink About08-4000 Our File No.: 152855 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. DOROTHY E SADLER 1057 ALLENDALE RD MECHANICSBURG, PA 17055-4459 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF- V"'O NOTICE e,?4 7,--- 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 R 1 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. DOROTHY E SADLER 1057 ALLENDALE RD MECHANICSBURG, PA 17055-4459 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6 ?- 4 M C ,--l -1-4- 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 DOROTHY E SADLER, an adult individual residing at 1057 ALLENDALE RD MECHANICSBURG, PA 17055-4459. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #1150040525653; and said account was issued to Defendant(s) by SEARS NATIONAL 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 $5,418.09. 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 $5,418.09 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS IATES, P.C. Attorney f P ' tiff A Law Firm Enaa d ' Debt Collection BY: Dated: 6/30/2008 David J: Our File No.: 152855 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: A , % PORTFOLIO RECOVERY ASSOCIATES, LLC DOROTHY E SADLER 1057 ALLENDALE RD MECHANICSBURG, PA 17055-4459 STATEMENT OF ACCOUNT Debtor's Name: DOROTHY E SADLER Account Number: 1150040525653 Original Creditor: SEARS NATIONAL BANK Balance Due: $5,418.09 Our File No.: 152855 EXHIBIT "A" -ra c,._ t: _ G, SHERIFF'S RETURN - REGULAR CASE NO: 2008-04000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS SADLER DOROTHY E MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SADLER DOROTHY E was served upon the DEFENDANT , at 0015:37 HOURS, on the 25th day of July 2008 at 1057 ALLENDALE ROAD, APT E MECHANICSBURG, PA 17055-4459 by handing to DOROTHY SADLER 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: Docketing Service Affidavit Surcharge 0,1/31/DP (., 18.00 11.00 .00 10.00 .00 39.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/28/2008 APOTHAKER & ASSOCIATES By. Deputy Sheriff of A. D. Our file No.: 152855' L APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff Attorney ID# 55140 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, vs. DOROTHY E SADLER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-4000 Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 05, 2008, STIPULATED by and between Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, DOROTHY E SADLER parties as follows: 1. Defendant agrees to pay the sum of $5,620.60, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, DOROTHY E SADLER, to the attorneys for Plaintiff in the following manner: a. Payment of $25.00 was paid on August 3, 2008; b. Payments of $25.00 to be paid on or before the 3rd of every month, starting September 3, 2008 until balance in full is paid. All checks are to made payable to PORTFOLIO RECOVERY ASSOCIATES, LLC, and sent to: rl ?n Apothaker & Associates, P.C. ; 520 Fellowship Road C306 - AUG 2008 Mount Laurel, NJ 08054 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of A . 4 Judgment against Defendant ex parte, in the sum of $5,620.60, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4• In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to DOROTHY E SADLER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys fo laint' A Law M Eng d ' bt Collection By: ---'?Ki erly . Scian, Esquire ?f - rnDOROTHY E SADLER Ti .-? -, ?;.''? er' ?. -n _ , r? _ a rJ _? t? Our File No.: 152855 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. DOROTHY E SADLER Defendant 14 ONG TAc LI ii 8 fsLAND SO NNS t LVA fd r��J; ; p ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 08-4000 ) ) Civil Action ) ) PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and against Defendant, DOROTHY E SADLER, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on September 2, 2008, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Balance: Less: Payments: TOTAL David J. Apothaker, Esq. Attorney for Plaintiff $ 5,620.60 ( 1,625.00) $/ 3,995.60 astti sit".Sqk- /G1-/ /�s& �+ 36;y9 NtA'te Mated 5. Therefore, pursuant to the Stipulation, Plaintiff requests entry of Judgment in the amount of $3,995.60. I verify that the statements made in this Certi . 'on are true and correct. I understand that false statements herein are made subject to the penalti-s of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. .mer, Esq. Attorney for ' aintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DOROTHY E SADLER 1057 ALLENDALE RD APT E MECHANICSBURG, PA 17055-4459 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. DOROTHY E SADLER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4000 NOTICE 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. Et JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT D JUDGMENT BY DEFAULT ❑ JUDGMENT IN REPLEVIN lI JUDGMENT BY CONFESSION H JUDGMENT FOR POSSESSION ❑ JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 215-634-8920 Our file No.: 152855— Z APOTHAKER & ASSOCIA I S, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff Attorney ID# 55140 COURT OF COMMON PLEAS PORTFOLIO RECOVERY ) CUMBERLAND COUNTY ASSOCIATES, LLC ) Plaintiff, vs. DOR.OT.HY E SADLER Defendant. LL ) DOCKET NO.: 08-4000 ) ) Civil Action ) ) STIPULATION IN LIEU OF JUDGMENT ) ) The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 05, 2008, STIPULATED by and between Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, DOROTHY E SADLER parties as follows: 1. Defendant agrees to pay the sum of $5,620.60, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, DOROTHY E SADLER, to the attorneys for Plaintiff in the following manner: a. Payment of $25.00 was paid on August 3, 2008; b. Payments of $25.00 to be paid on or before the 3rd of every month, starting Septernber 3, 2008 until balance in full is paid. All checks are to made payable to PORI FOLIO RECOVERY ASSOCIATES, LLC, and sent to: ; - .:. - , 1 ,.. h• 11'1 i ;,', t , ' • ' • ,-f i.:J i.,,,,, !4 .- ,. A.pothaker & Associates, P.C. .. • . . k,, r 6 -. o. ,... • : 520 Fellowship Road C306/:,q,i1.. 41 2Zillu ;: ' Mount Laurel, NJ 08054 ,.. ,,,•.--,.--, ,I;L;..:" 4f7::,.;',.) 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall. be entitled to obtain the entry Of • Judgment against Defendant ex parte, in the sum of $5,620.60, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to DOROTHY E SADLER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. , - 4 APOTHAKER & ASSOCIATES, P.C. Attorneys for -Plaint A Law Firri• Engaged i iebt Collection By: 4-1 , Esquire DOROTHY E SADLER • ' Our File No.: 152855 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. DOROTHY E SADLER Defendant ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 08-4000 ) ) 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 1057 ALLENDALE RD APT E MECHANICSBURG, PA 17 55-4459. We inquired with the web site of the Defense anpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209- 593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely -Dixon, Director of the 1Iefse Man. c er Data Center has sent back our inquiry indicated that the Defendant(s) is/are no the itary. David J. Apothaker, Esq. Attorney for Plaintiff 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. Department of Defense Manpower Data Center • Results as of : May -12-2014 12:18:09 PM Status Report Pursuant to Servic:emembers Civil Rl e Oct Last Name: SADLER First Name: DOROTHY• Middle Name: E Active Duty Status As Of: May -12-2014 SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YA. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as 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 only 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 was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 19H710494030LE0