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HomeMy WebLinkAbout08-5789V Our File No.: 170717 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. AMBER D VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. ff S7S ? NOTICE rlrm 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 File No.: 170717 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. AMBER D VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: d 8- S- ? f of (? ? 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 AMBER D VALLEJO, an adult individual residing at 427 OAK FLAT RD NEWVILLE, PA 17241. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #4185559699095927; 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 $11,893.73. 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 $11,893.73 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law SOCIATES. P.C. A Law Firm EiRaded ibebt Collection BY: David J. Apothaker, Esquire Dated: 9/22/2008 Our File No.: 170717 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 made subject to the penalties of 18 Pa.C.S.A. 4904 understands that the statements therein are unsworn falsification to authorities. David J . pothaker, Esquire Atto ev for Plaintiff DATE: 9/22/2008 i PORTFOLIO RECOVERY ASSOCIATES, LLC AMBER D VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 STATEMENT OF ACCOUNT Debtor's Name: AMBER D VALLEJO Account Number: 4185559699095927 Original Creditor: WASHINGTON MUTUAL BANK Balance Due: $11,893.73 Our File No.: 170717 EXHIBIT "A" j ? ` ? t _? . ? ? C._, ? `11 \\ V t? " "' ?? 4- ; c..? - r1 ?:.? r ; va rat ? ' -r? ; r7 r;: ? ?C-. ?' ? r. Yi `. ? -' 4 ?~ Y l_`v f 1 i ? `?? ? • ? i , SHERIFF'S RETURN - REGULAR CASE NO: 2008-05789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS VALLEJO AMBER D SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VALLEJO AMBER D the DEFENDANT , at 2045:00 HOURS, on the 30th day of September, 2008 at 427 OAK FLAT RD NEWVILLE, PA 17241 by handing to AMBER VALLEJO 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 10 . 00 Affidavit .00 ? ----'-< Surcharge 10.00 R. Thomas Kline >DI/3?OP(?,.. ? .00 38.00 10/01/2008 APOTHAKER & SSOCI TES Sworn and Subscibed to By: .? before me this day De ty Sheriff of , A. D. • Our File No.: 170717 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. AMBER D VALLEJO Defendant. TO THE PROTHONOTARY: Kindly enter judgment against Defendant, AMBER D VALLEJO, in the default of an Answer, in the amount of $12,319.72 computed as follows: Amount claimed in complaint: $11,893.73 Amount Paid: - $(0.00) Interest from September 22, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $425.99 Costs $0.00 Attorney fees $0.00 TOTAL $12,319.72 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, AMBER D VALLEJO, last know address is 427 OAK FLAT RD NEWVILLE, PA Attorney for Plaintiff PRAECIPE FOR DEFAULT JUDGMENT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5789 Civil Action 17241. Dated: 5/14/2009 APOTHAKER & A IATES, P.C. Attorneys Mr P ' tiff A Law Firm Ent d in/Debt Collection By: David J. Apothaker A TO: AMBER D VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. AMBER D VALLEJO Defendant. NOTICE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5789 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 &', 9, -?? 9 .t -?-? Our File No.: 170717 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. AMBER D VALLEJO NO.: 08-5789 Defendant. 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 427 OAK FLAT RD NEWVILLE, PA 17241. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if tl Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i David 31.,l othaker Attorney for Plaintiff r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Data 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. Ugmhaest of Deftese Mampoawer Bata Center MAY-14-2009 0"026 Upon snacehmg The iofaunnedon data bmics of the T}gmbw t of Ddmnse Manpower Dda fir, based an the iof mien that you Provided, the above is the current swm of the individual as to all brimidws of the may. Aut A L.?.J- 11, Macy M. S +-Daroa, Director Dqmbwm of Defense - Mar xnm Uasa Winter 1600 Wb=Bkni., Snse 400 Arfingtoo, VA 22209-2593 The Delense Nlmqxovver Data Ceder (MM is an oar i of the Ik ned of Defrost that mimintam the 1,AcfimSe E rohased and Flgibility Reporting "System (DEERS) database which a the official son= cf daman efgW for =&ary arw&Ni ewe and other amity system. Ile Department cf Defmsr, slroagly sqppoats a enforcement of tie Service mibers Cid R Ad [50 USCS Appx_ §§ 501 et seq] (SCRA) gammAy the Soldiers' and Sailors' Civil Relief Ad of 1940)_ DMX has issued hundreds dftmm& of-does ngot p Assess any won ariica Ping; that ffie ind sidusl a csnreatty on active duty" respoases, and has experienced a s esrm rate. In the event the divided rdavaced a?boive, or any family member, ffiead, or representative assers in eery mauraa er that the inefrrit6 dis an active duty, at is admwise entitled to lhe prolections of the SCRA, you are stcogOy encouraged to obtain fnrdrer via of the gersods active day status by contacting dot person's NMtffy Service via the I'dd Luir URL provided below. Hyen have evidence= the person is on active-duty and you fal to obtain tin additional military Service vailicarion, proviiians of the SCRA maay be invoked agate you. Kyou obtain Anther information about the person ( e-g.. an SM improved a xuwy of DOB, a m dse name), you can shit your regaeat again at this Web site and we vil,provide a new certifies for rhea query. This respor w reflects current alive duty stems ouly. Far historical a fowmmkon piece coated the MGtary Service SCRA pamts- of-comact. See; bttm(hv : WAP-NR4G: Ibis cestfiicate was provided, based an a mane and Sow Security n makes (SSN) provided by the rsgoestr. Proving an moneous same or SSN will cause an enomem cuti6cate to be provided.. Rsport,06AM Military St:lms Report Purest to the Servicemembers C101 RefidAd W 170717 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) AMBER D VALLEJO ) NO. 08-5789 To: AMBER D VALLEJO 427 OAK FLAT RD NEWVILLE, PA 17241 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: November 10, 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 DAVIIJ 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 \ ASE NO: 2008-05789 P tom" COMMONWEALTH OF PENNSYLVANIA: - - COUNTY OF CUMBERLAND r 7 % E' PORTFOLIO RECOVERY ASSOCIATES OCT i 3 : ( t> is E? VS VALLEJO AMBER D SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VALLEJO AMBER D the DEFENDANT , at 2045,00 HOURS, on the 30th day of September, 2008 at 427 OAK FLAT RD NEWVILLE, PA 17241 by handing to AMBER VALLEJO 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 10.00 Affidavit .00 Surcharge 10.00 .00 38.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/01/2008 APOTHAKER & SSOCI TES By : ... De 'ty Sheriff of 41 A. D. ALr:D--{„-7' Cj 2009 MAY 19 PH 3: 3 i ! ..t,i ? tiv i P ,t, 6LZC? A /y. Oa ?l a s 33 ? 72a?,?