HomeMy WebLinkAbout08-4769Our File No.: 146421
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esq.
Attorney I.D.438423
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 214520
Philadelphia, PA 19114
Plaintiff,
VS.
WENDY FRAKER
44 SUMMERFIELD DR
CARLISLE, PA 17015
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: D$ -,q'70 `.ivi l lerM
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. )
WENDY FRAKER )
44 SUMMERFIELD DR )
CARLISLE, PA 17015 )
Defendant. )
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: v I'. 9'7& 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 WENDY FRAKER, an adult individual residing at 44 SUMMERFIELD DR
CARLISLE, PA 17015.
3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in
Interest of Account #5458004614312617; and said account was issued to Defendant(s) by HSBC, 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 $8,510.46. 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.
Y WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$8,510.46 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAK R A SOCIATES, P.C.
Atto ey f r Plaintiff
A Law Firm E gag d in Debt Collection
BY:
Dated: 7/30/2008
1. Apothaker
Our File No.: 146421
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
unsworn falsification to authorities.
Plainti
DATE:
WENDY MAKER
44 SUMMERFIELD DR
CARLISLE, PA 17015
PORTFOLIO RECOVERY ASSOCIATES, LLC
STATEMENT OF ACCOUNT
Debtor's Name: WENDY FRAKER
Account Number: 5458004614312617
Original Creditor: HSBC
Balance Due: $8,510.46
Our File No.: 146421
EXHIBIT "A"
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04769 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PORTFOLIO RECOVERY ASSOCIATES
VS
FRAKER WENDY
MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FRAKER WENDY
DEFENDANT
the
at 0018:52 HOURS, on the 14th day of August , 2008
at 44 SUMMERFIELD DR
CARLISLE, PA 17015
by handing to
WENDY FRAKER 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 18.00
Service ? g 5.00
Affidavit qI+?I v
00
Surcharge 10.00
J J . VU
Sworn and Subscibed to y
before me this day Deputy e f
of , A.D.
So' Answers :
R.IThomas Kline
08/15/2008
APOTHAKER & ASSOCIATES
B .
Our File No.: 146421
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
PORTFOLIO RECOVERY
ASSOCIATES, LLC
Plaintiff,
vs.
WENDY FRAKER
Defendant.
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-4769
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss this action without prejudice.
APOTHAKER &
A Law Firm
By:
ISOCIATES, P.C.
Plaintiff
in Debt Collection
David J: Apothaker, Esquire
Dated: 5/22/2009
FILED-
OF THE
2909 JUN - I PI-I Y 3