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Home My WebLink About08-73811 Our File No.: 116072 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. RANDALL E POMEROY 62 CHERRY IN CARLISLE, PA 17015 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0$ _ 173,9Civil 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 File No.: 116072 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. RANDALL E POMEROY 62 CHERRY IN CARLISLE, PA 17015 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 8 - ? ? Sl (!tA; .f -7Z"" 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 RANDALL E POMEROY, an adult individual residing at 62 CHERRY LN CARLISLE, PA 17015. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #5542855000174962; 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 $6,752.22. 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 $6,752.22 and requests this Court award Plaintiff attorney's fees APOTHAKER & AS OC Attorney Pl'i A Law Firm Enaa?foin bt BY: costs to the extent permitted by applicable law. TES, P.C. David J. Apotl)*er, Esquire Dated: 12/15/2008 Our File No.: 116072 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 un signed understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 rela ' g to worn falsification to authorities. David J. er, Esquire Attorne r Plaintiff DATE: 12/15/2008 Z PAYMENT MINIMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 09123P2005 NUMBER P.T. Box 660433. DaNas, TX 7526&-0433 10120105 S1,1SB.D0 55,331.66 5542-9550-0017-4962 Indioare Change oI Ad**" Below (we blue or black Wo AMOUNT ENCLOSED (ktsa blue or black ink) Address: M ? 00000.0] Citti State Zip' Home Phone yyo,k Phase N Make Checks Payable to Providlan - 000 E-Mail; PROVIDIAN PROCESSING SVCS. P.O. BOX 660487 DALLAS TX 75266.0487 t RANDALL E POMEROY 62246 204 BIRCH LN CARLISLE PA 17013-7814 5542855000174462 0115800 0533166 0026200 24 C COLR9001 6092 0179 a" 7 050923 Page 1 of 1 important Messages YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Please pay the minimum payment listed above along with the ovedim4 amount immediately or call us at 1-800-280-9441. m Account Summary ? *evoix+ x SAS $? - f2 Pw4qpus *10" ?r1784 au Statement Date 49/23/05 4?0 -n of $1,1 Q9 dt1 dtW jE Credits & Payments d co zhx +' $0.00 i w 00 Credit Line $4,260.00 Cash Advances + $0 00 ... t+rte as_of ?' L4tGE M . $114407 ?C Availoble Credit for Cash Advances as of 09./23!05 $0 00 NEW BALANCE - $5,331.66 PAY* x? ltxrg??i. ?'? 30 . Transactions e Tran Post z Data Date Descxt on Reference Number Amount 8_pe 21 Sep 21 LATE PAYMENT CHARGE GOOD 3900 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. Balance Category DETACH HERE N 000 62246 Average Daily Periodic Annual % Finance Grad Dally Balance Rate Rate (APR) Charges Terms Standard Purchase - Current Cycle $2,710.99 .072676` 26.49%' $59.05 Term A Standard Cash - Current Cycle $2,526.37 .0726%` 26.49%* $55.02 Term B ANNUAL PERCENTAGE RATE this billing cycle: 26.13% *These rates may vary For 24-hour Automated Account information, please call 1-800-280-0561 or visit us at www.providian.com Your account Is Issued by Providian National Bank, Tilton, NH. TR AUG 13 2007 339761 N Iv1 N(ix 2 '6?• (-) r a ? r tt.,` Q GJ M k 3 a 4 :. v r . I ` ? ?w.f ? < SHERIFF'S RETURN - REGULAR CASE NO: 2008-07381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS POMEROY RANDALL E BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon POMEROY RANDALL E the DEFENDANT , at 0920:00 HOURS, on the 5th day of January , 2009 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17015 RANDALL POMEROY by handing to 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 4.50 Affidavit .00 Surcharge 10.00 .00 32.50 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/05/2009 APOTHAKER & AS CIATES By: 40;0?i' Deputy Sheriff of A. D. i. tt 4 ?1 CD Our File No.: 116072 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. RANDALL E POMEROY Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7381 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, RANDALL E POMEROY, in the default of an Answer, in the amount of $6,890.37 computed as follows: Amount claimed in complaint: $6,752.22 Amount Paid: - $(0.00) Interest from December 15, 2008 to 05/05/09 at the legal interest rate of 6.000 per annum $138.15 Costs $0.00 Attorney fees $0.00 TOTAL $6,890.37 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, RANDALL E POMEROY, last k?W address is 62 CHERRY IN CARLISLE, PA 17015. APOTHAKER & A OCIATES, P.C. Attorneys f Plaintiff A Law Firm Engag in Debt Co tiol By: David J. Apothaker Dated: 5/5/2009 Our File No.: 116072 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 ) COURT OF COMMON PLEAS OF ASSOCIATES, LLC ) CUMBERLAND COUNTY Plaintiff, } VS. ) NO.: 08-7381 RANDALL E POMEROY ) Civil Action Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 62 CHERRY LN CARLISLE, PA 17015. We inquired with the web site of the Defe Boulevard, Suite 400, Arlington, VA 22209-2593, if Mary M. Snavely-Dixon, Director of the De ens Manpower indicated that the Defendant(s) is/are not in the milifaryl I,-,' David J`Apothaker Attorney for Plaintiff Data Center, located at 1600 Wilson ) 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. Dq)wWmmt of Defense Manpower Data C 40w Mkmy Stems Report Parsmet to the Servicmxmbers OO ReWAct MAY-05-200911:39-.24 an the information you W,e farms, the DMDC does sot possess nay ifixamalion 6- tl. f ilia lr? k t%wrw4Aw nm im-l ! Aniv. Mary)k Snne1y ITwAm. Dire r Departtment of Defense - Manpower Data Center 1600 Wiaas] , Suite 400 Asfi*toa, VA 22209-2593 The Defum NINgOwer Data Cea*ar {DMDC) is an ogpoaat oa of the Depatkmd of Defense fait mumitim fire Defense £ns &ae?nt and E10ay Rgxxtng System (DEERS) database which is the o" soureae of data an elpW for fury no" ewe: and oiler city system. The Dqmchneot of ire stroagiy suppods the edweex of the Sexes C44 Re VdAct 150 USCS Affm §§ 541 et sect' (SCR,A) f mredy &e ;liars' and Sagars' Ott RdrdAct of L _ DMDC has issued of of "does not possess any mlo motion: madlesting`tw the k&Mmd is cmm* as active duty" regmoses, and iu aTmimeed, a s ml exraer rate. In the rat the iadividssei refimeed aloe, at any fmily smemi w, Send. or reprvese n aeiv+e asset is nay amnrr that the k&vidaat is on active duty, or is od wise mtded to the prof ions of the SCRA, you are strongly encouraged to obtain farther verfficalica e fthe persoa's active duty stns by cootectii dot persods NStmy Se vice via the "d t.mr URL provided below. If you have evidmce the person is on active-day and you fil to obtain ft addMonat hgkmy Service verffem6m povissom of the SCRA. may be i waked against yom M you obtain ' about the person (cg, an SSN, i6wroved accuracy of DOB a micl& name). you can slit fiffdmr your request amain at tMs Web site and we wR provide a new certficale for that query. 'ibis response rejects cucreat active d ty std o*. For lris?ri W oformabW please contact the ~ Service SCRA poimts- of-caataet Sec: btto h WARNDICk This catficate was provided bond on a name and Social Se cu&y umber (SM* pravic6d by fire regnest ear. Provi&g an erroneous acme or SSN wA cam as caoaeaus cat &w to be pmvkk . R:sportM-'1lPJ7XXW Upon search g the i&rnmb a data bemiics of the Dgttencnt cf Deleon Manpower Ids Center. based an *e' tlsst ycupcovided, the above is the cuneat sum of the kdividoal as to a8 branches of &e 11 y. • 116072 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) RANDALL E POMEROY ) NO. 08-7381 To: RANDALL E POMEROY 62 CHERRY LN CARLISLE, PA 17015 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: February 05, 2009 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 APOTHAKER, ESQUIRE APOT R & 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: 2008-07381 P `'L? COMMONWEALTH'OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS POMEROY RANDALL E n ,t' r 3 JAIN 14 009 ? BRIAN BARRICK r Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who-.being duly sworn according to law, says, the within .COMPLAINT & NOTICE was served upon POMEROY RANDALL t he DEFENDANT at 0920:00 HOURS, on the 5th day of January , 2009 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17015 by handing to RANDALL POMEROY a true and attested copy of COMPLAINT & NOTICE together -Lth and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 .00 32.50 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline - 01/05/2009 APOTIHAKER & AS CIATES By : Deputy Sheriff of , A. D. FILED-OFFICE OF THE PROTI-'.ONIOTARY 2009 MAY I 1 PM 1: 02 CUP1 J ;?QTY +14.oo PQ ATr( CIt'l` 133%447 aa4953 oc+? waj-pJ TO: RANDALL E POMEROY 62 CHERRY LN CARLISLE, PA 17015 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. RANDALL E POMEROY Defendant. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY } NO.: 08-7381 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 ,47 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