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Home My WebLink About08-5322A Our File No.: 167060 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. THOMAS MILLER 1108 QUINCY CIR NEW CUMBERLAND, PA 17070-2242 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 08 as NOTICE cwt l lem 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 1 Our File No.: 167060 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. THOMAS MILLER 1108 QUINCY CIR NEW CUMBERLAND, PA 17070-2242 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are THOMAS MILLER, an adult individual residing at 1108 QUINCY CIR NEW CUMBERLAND, PA 17070-2242. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #0401342387; and said account was issued to Defendant(s) by CHEVY CHASE 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 $2,981.48. 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". . • above. 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,981.48 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SOCIATES, P.C. Attorney o Plaintiff A Law Firm Eniza a in Debt Collection BY: David J. Apothaker, Esquire Dated: 8/28/2008 Our File No.: 167060 d 4 «. VERIFICATION David J. Apothaker, Esquire 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 rela6nk to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 8/28/2008 THOMAS MILLER PORTFOLIO RECOVERY ASSOCIATES, LLC 1108 QUINCY CIR NEW CUMBERLAND, PA 17070-2242 STATEMENT OF ACCOUNT Debtor's Name: THOMAS MILLER Account Number: 0401342387 Original Creditor: CHEVY CHASE BANK Balance Due: $2,981.48 Our File No.: 167060 EXHIBIT "A" 441. o0 -4 ° ? r ? N 00 w "? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS MILLER THOMAS MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLER THOMAS DEFENDANT the , at 1355:00 HOURS, on the 20th day of September, 2008 at 225 W MAIN STREET MECHANICSBURG, PA 17055-2242 by handing to THOMAS MILLER 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 28.00 Affidavit .00 Surcharge 10.00 00 II?D7'd4 .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/22/2008 APOTHAKER & ASSOCIATES By: ep y heriff was served upon of A. D. • w Our File Nct.: 167060 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 3 8423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. THOMAS MILLER Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5322 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, THOMAS MILLER, in the default of an Answer, in the amount of $3,092.72 computed as follows: Amount claimed in complaint: $2,981.48 Amount Paid: - $(0.00) Interest from August 28, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $111.24 Costs $0.00 Attorney fees $0.00 TOTAL $3,092.72 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, THOMAS MILLER, last know address is 225 W MAIN STREET MECHANICSBURG, PA 17055. APOTHAKER & AS OC TES, P.C. Attorneys fo Pl 'tiff A Law Firm Engage in ebt Collectioi By: David J. Apothaker Dated: 5/14/2009 Our File No.: 167060 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. THOMAS MILLER Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5322 . 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 225 W MAIN STREET MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if the Mary M. Snavely-Dixon, Director of the Defense indicated that the Defendant(s) is/are not in the military. David J. Ap( Attorney for r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Data Cen. e has sent back our inquiry The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dqmrnneat of Defense Manpower Data Center MAY-14-2009 09:24:57 MItury Stautns Report Purman t to the Serve c s Civil Relief Act LL. 4 z ' MILLER THOMAS Based on the i *xmadm you have famisimi, the D?&MDC does not possess any ini oe n indicalurg du t the individual is cu ready an w6 re duty. Upon warching the ira'oanaation data basics of the of Defense Manpower Data Centex, based on the iofoamation tit you provided, the above is the current stem ofthe individual as to all branch of The 14fikxy. Yhoul A L-J- rw'w'?A?M- Iviary M. Saavely Dawn, Director Department of Ddense - Matpower Data Center 1600 won.Blv&, Suite 400 Adwooon, VA 22209-2593 The Defuse Manpower Data Cep ( Q are ceganWition of the Dej ,mehat cf Die drat mainiains, die Defense ErhrolYnent and HO&Y Rgxxting System (BEERS) database wlt ch is the official source of data on ef*Mty Tor military noliad care and other flioi t' y systems. The Department of Dec strongly sWpodts the enfi r of the Servicemembers Civil Refw fAct [50 USCS Apps. §§ 581 et seg] (SCRA) {#'omsetly the Soldiers! and sags` CM RefhcfAct of 1940). DMIX has issued Wn&e& ofthou3sands of -does not possess any information indrathatg'that the in&A&W is carrei*on active c'lutlr" responses, and has recd a saw arm rate. Its the event The individual referenced above, or any f nily meniber, Iiiend, or repvsentdive asserts in any man= that the kwliviidad is on active duty, or is odioerwise muted to the prot:ectious of the SCRA, you we strongly encouraged to obtain harder ve Micadon of the person's active ditty states by contacting that person's Wteary Service via the "defienselint.mr URL provided below. If you have evidence the person is an active-duty and you M to obtain this additional Militant Sense ver 6cnciont pry of the SCRA may be invoked against yotL Ifs obtain fxdw information about the person ( e.g., an SSN, iohpxov+ed accuracy of DUB, a middle name), you can Wbmit your regaest again at this Web site and we will provide a new certificate for dot quay. Ths response reflects current active duty stem only. For hi al information, please contact the Icy Service SCRAA pomb- ofreautact. See. btWY/'www_ WARNING- This catficate was pry based on a rye and Social Security nwaba (SSI) pro i &d by The rcgwster. Providing an en-oneous same or SSN wR cause an erroneous ccttifi to to be provided B*portlL?BMO,EWVVM . 167060 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) THOMAS MILLER ) NO. 08-5322 To: THOMAS MILLER 225 W MAIN STREET MECHANICSBURG, PA 17055 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: October 23, 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 D V J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Finn Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 SHERIFF'S RETURN - REGULAR. CASE Nth: 2008-05322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS MILLER THOMAS 4 MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER THOMAS the DEFENDANT , at 1355:00 HOURS, on the 20th day of September, 2008 at 225 W MAIN STREET MECHANICSBURG, PA 17055-2242 by handing to 1PUt AAA 0 AAT T.T _Vn 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 28.00 Affidavit .00 Surcharge 10.00 .00 56.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/22/2008 APOTHAKER & ASSOCIATES By: ep y herif f of A. D. ?F TN= r?rt G *,4k.00 cw p o P;? i3A 13 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: THOMAS MILLER 225 W MAIN STREET MECHANICSBURG, PA 17055 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, vs. THOMAS MILLER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5322 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 3%.O1oy