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Home My WebLink About09-4296c? Our File No.: 211290 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 CACH,LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. JOSHUA T PORLIER 756 ERFORD RD CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 0 / NOTICE - e4( 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.: 211290 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 CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. JOSHUA T PORLIER 756 ERFORD RD CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 0q 1 ( c,u. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CACH, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are JOSHUA T PORLIER, an adult individual residing at 756 ERFORD RD CAMP HILL, PA 17011. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #5490500994856784; and said account was issued to Defendant(s) by FLEET 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 $34,765.15. 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 $34,765.15 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plain A Law Firm Engaged in b Collectioi BY: Dated: 6/22/2009 David J. Our File No.: 211290 VERIFICATION David J. Anothaker, 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 toypsworn falsification to authorities. David J. Apo , Esquire Attorney for Plaintiff DATE: 6/22/2009 CACH, LLC JOSHUA T PORLIER 756 ERFORD RD CAMP HILL, PA 17011 STATEMENT OF ACCOUNT Debtor's Name: JOSHUA T PORLIER Account Number: 5490500994856784 Original Creditor: FLEET BANK Balance Due: $34,765.15 Our File No.: 211290 EXHIBIT "A" (3) C ')F 'jq ,, L r `?T! Sheriffs Office of Cumberland County R Thomas Kline ego'" ?r of c'Irm60.1Edward L Schorpp Sheri Solicitor Ronny R Anderson Chie Jody S Smith f Deputy OFFICE °P 7..E sHERiar Civil Process Sergeant Cach, LLC vs. I Case Number Joshua T. Porlier 2009-4296 SHERIFF'S RETURN OF SERVICE 06/29/2009 10:33 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1033 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joshua T. Porlier, by making known unto himself personally, defendant at 756 Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Depu y Sheriff C? tv Ca - _- 4r T ? J U rn tV Our File No.: 211290 ' ` 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 CACH, LLC ) COURT OF COMMON PLEAS OF Plaintiff, VS. JOSHUA T PORLIER Defendant. TO THE PROTHONOTARY: CUMBERLAND COUNTY NO.: 09-4296 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, JOSHUA T PORLIER, in the default of an Answer, in the amount of $35,096.24 computed as follows: Amount claimed in complaint: $ 34,765.15 Less: Amount Paid: ( 0.00) Plus: Interest from June 22, 2009 to August 19, 2009 at the legal interest rate of 6.00% per annum 214.69 Attorney fees 0.00 TOTAL $ 35,096.24 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, JOSHUA T PORLIER, last known address is 756 ERFORD RD CAMP HILL, PA 17011. APOTHAKER & AS CIATES, P.C. Attorneys f laintiff A Law Firm Enga in Debt Collection By: t-yuUnmul Dated: August 19, 2009 Our Pile No.: 211290' 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 CACH, LLC ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) VS. ) NO.: 09-4296 JOSHUA T PORLIER ) Civil Action Defendant. ) 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 756 ERFORD RD CAMP HILL, PA 17011. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defend ,"(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defense indicated that the Defendant(s) is/are not in the military. David J. Apotaker Attorney for Plaintiff 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. APOTHAKER&ASSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense Manpower Data Cep AUG-19-2009 07:15:52 May Status Report Pursuant to the Se nicemembers Civil Retie fAct r _ aaae 1r AWi&W Be& Date Adivo Duty Sutra ServketA g PORLIER 70SI 4 T Based on the in€ontnation you have fa rnishe-d, the DldiDC does not possess any infvamat oo indicating that the indniduat is ca<ready on active duty. Upon searching the information data banks of the Dept of Defense Manpower Data Oster, based on the information that you provided, the above is the current staters of the individual as to al branches of the Milaary. A 14 jr .? fpft Mary M. Snavely-Dixon, Director Department of Defense Manpower Data Center 1500 Wi son Blvd-- Sine 400 Arun, VA 22209-2593 The Defense Manpower Data Center (DMIDC) is an org zation of the Department of use that the Defense Enrol?ew and fig ity Reporting System (DEERS) database which is the official source of data on efio y for mftary medical care and odw efigWity systems_ The Depakncnt of Defense strongly supports the emforce me nt of the Servicemembers Civil Re W Act [50 USCS Appx_ §§ 501 et seg) (SCRA) (fwnedy the Soldiers' and Sailors' Civil RthefAct of 1940)_ DMDC has k-wed hundreds of ftmsands of "does not possess any aefa€nnation indicatirig then the dal is cu rent y an active duty" rem and has experienced a small error rate. In the a va t the individtial rderenced above, or any family member, fend, or re presentatim asserts in any manner that the individual is an active ditty, or is odwrwise entitled to the protections of the SCRA, you are stir encouraged to obtain ftirtheer verification ofthe persods active duty status by contacting that person"s wry Service via the "defensefink-mi" URL provided below. If you harve evidence the person is on active-duty and you fad to obtain this addfionalMlitary Service vvrification, proems of the S CRA may be irked against you. If you obtain further inCor u about the person (e.g., an SSN, ka roti ed accuracy of DOB, a niddle name), you can submit your request again at this Web site and we w0l pry a new certificate for that queryx This rise raects cm at active duty status only. For historical in&cmabon please contact the Milky Service SCRA pouts- of-cone ct. See- bttp?l-.vww.dcfimscbk.miLfi-wkttx?09SLDR-htud WARNI2 C: This ce cate was provided based on a name and Social So y number (SSl' provided by the requester. Providing an erroneous name or SSN wig cause an erroneous cute to be provided. Report Ili. CFJffFD DEBR 211290 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) JOSHUA T PORLIER ) NO. 09-4296 To: JOSHUA T PORLIER 756 ERFORD RD CAMP HILL, PA 17011 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 04, 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 VID 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 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Cach, LLC vs. Joshua T. Porlier Sheriffs Office of Cumberland County o -ICE OF a §i ERrrF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Case Number 2009-4296 SHERIFF'S RETURN OF SERVICE 06/29/2009 10:33 AM - Steve Bender, Deputy Sheriff, who being duly swom according to law, states that on June 29, 2009 at 1033 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joshua T. Portier, by making known unto himself personally, defendant at 756 Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, June 30, 2009 R THOMAS KLINE, SHERIFF Depu y Sheriff ?k t; ?L 1 I Y C(.?firl; n LIfY 4vo l?? ?t 1/7?sy ,??t any ?? y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JOSHUA T PORLIER 756 ERFORD RD CAMP HILL, PA 17011 CACH, LLC Plaintiff, VS. JOSHUA T PORLIER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY } NO.: 09-4296 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 Es q. at this telephone number: 215-634-8920