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Home My WebLink About08-54084 Our File No.: 178471 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 PINNACLE CREDIT SERVICES LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. OMER J MCFALLS 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D$ - 64o8 G iv i ( -Ctl'?4 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 Our Fjle No.: 178471 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 PINNACLE CREDIT SERVICES LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. OMER J MCFALLS 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b 3 YL0 r CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PINNACLE CREDIT SERVICES LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are OMER J MCFALLS, an adult individual residing at 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837. 3. Plaintiff, PINNACLE CREDIT SERVICES LLC, is the Assignee and Successor in Interest of Account #4719230802912219; and said account was issued to Defendant(s) by US 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 $4,810.26. 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 `$4,810.26 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for P}?`u stiff A Law Firm Engaged ' ebt Collection BY: David J. Apot r, Esquire Dated: 9/5/2008 Our File No.: 178471 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 relating to unworn falsification to authorities. DATE: 9/5/2008 PINNACLE CREDIT SERVICES LLC OMER J MCFALLS 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 STATEMENT OF ACCOUNT Debtor's Name: OMER J MCFALLS Account Number: 4719230802912219 Original Creditor: US BANK Balance Due: $4,810.26 Our File No.: 178471 EXHIBIT "A" 00 g p LL, ?RW A -+? D SHERIFF'S RETURN - REGULAR CASE NO: 2008-05408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PINNACLE CREDIT SERVICES LLC VS MCFALLS OMER J 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 MCFALLS OMER J the DEFENDANT , at 1532:00 HOURS, on the 16th day of September, 2008 at 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 by handing to OMER MCFALLS 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 5.00 Affidavit .00 Surcharge 10.00 .00 Ju?s?loY- 33.00 Sworn and Subscibed to before me this day of , So Answers: ,goo R. Thomas Kline 09/17/2008 APOTHAKED r_ SSOCTTES By: A. D. Our File No.: 178471 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 YINNAULL UKLllll JEKVILALN LLU Plaintiff, VS. OMER J MCFALLS Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5408 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, OMER J MCFALLS, in the default of an Answer, in the amount of $4,981.97 computed as follows: Amount claimed in complaint: $4,810.26 Amount Paid: - $(0.00) Interest from September 05, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $171.71 Costs $0.00 Attorney fees $0.00 TOTAL $4,981.97 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, OMER J MCFALLS, last know address is 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837. APOTHAKER A Law Firm By: ? OCIATES, P.C. • Plaintiff in Debt Collectioi Apothaker Dated: 5/14/2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: OMER J MCFALLS 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 PINNACLE CREDIT SERVICES LLC Plaintiff, VS. OMER J MCFALLS Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5408 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 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 sjao/o9 Our File No.: 178471 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 PINNACLE CREDIT SERVICES LLC Plaintiff, VS. OMER J MCFALLS Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5408 : 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 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if thq, Mary M. Snavely-Dixon, Director of the De indicated that the Defendant(s) is/are not in the mili David J?pothaker Attorney Plaintiff r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Center 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 unsworn falsification to authorities. D urtuiew of Defense Ma wwer Data Comer MAY-14-2009 0939. 15 Upon searching the ieeformotio n data books cf the Department of Defense Manpower Data Center, based an the infarzmodon aw you pe?cv ded, the above is the cneaent status of the individual to ail bt aoclm of the Macy. 0, 44 Mary X Saav* Dixon, Direr Department of Demme - Manpowepr Data Center 1600 W lsw Mt. Spite 400 A& goon. VA 22209=2593 The Defense ewer Data Center (MODC) is an or ion of the Depaftment oaf Defense d w maintains the Delease Eauro t quad 0*'iity R octmg System (DEERS) database ;w*Ach is the o@'rcial source of data ca d*ility far slaty medicii rare maid other eligibility systems'. The Department of Defense sbxsr* supports the a nfixce meat of the Savic?nenebers Cif Refer Aa 154 USCS Appz §§ 501 et wql (SC RA) (famw* dre Saidre W and Sailors' CH RArf Aet of 9411) _ DM X has kssned hm&xmk ci dwasands cf'does not possess i6emadw indicating lot the kxi%&W is cues =dy? an active day" responses, and has cqxxknced a smal error rate. In the e+vem the imfiiv dead referenoed above, at any hody member, Mend or representafive asserts in any snapper du t the individual is as active duty, at is adietwise emided to the grotwdoes of the SCRA, you are skonj oyr encouraged to obtain fiztheyr venlicedw of ore person's active duty staff by contacting that pwrrs&s 11ffacy Service via the " .?" URL provided below. Nyon have evsdEnce the person is an acts-daty and you hill to obtain diia additional Map Service vaulicatim providons cf dm SCRA may be invaked against yam. Kyou obtain falher information about the Person (e.g., an SSN, unproved accuracy of DOH, aao clcie naoiel you can submit your request again at this `web site and we wil provide a new cep lease for that query. This response rdkc b crosera active duty status only For bestoncel ifieamation, please comma the b9itery Service CRA p« ots- cf-csomact. Sec httlwwur: W ARNM.. This ate was provided based on a name and SocW Security nuumber (SW prod by the requester. Providing an woneoos aaaw or SSN wil cause an moaccoas c to to be provided. RaparrtD: aWYW7Rt7VPrtZ MilikayStatusftw Pnrstaaw to ere Savicemeambers Civil Reef Act 178471 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PINNACLE CREDIT SERVICES LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) OMER J MCFALLS ) NO. 08-5408 To: OMER J MCFALLS 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: November 18, 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 I J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm 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 NO: 2008-05408 P COMMONWEALTH OF PENNSYLVANIA: COUNTY 6F CUMBERLAND Fit- PINNACLE CREDIT SERVICES LLC 3 0 2008 VS * . MCFALLS OMER J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT &:;NOTI;CE was served upon MCFALLS OMER J the DEFENDANT at 1532:00 HOURS, on the 16th day of September, 2008 at 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837 by handing to OMER MCFALLS 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 5.00 Affidavit . 00 Surcharge 30.00 .00 33.00 Sworn and Subscibed to So Answers: R. Thomas Kline 09/17/2408 APOTHAKER & ASSOCIATES By: before me this day of , A.D. T!-'.E-- 2009 a MAY 2Q Ali 13: 313 N"T r