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Home My WebLink About09-4552Our File No.: 211939 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. BETH A ALLEMAN 191 CHAMBERLIN RD T-315 SCOTLAND, PA 17254 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. Oq - 455,Q 0,-? t7e- + 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.: 211939 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. BETH A ALLEMAN 191 CHAMBERLIN RD T-315 SCOTLAND, PA 17254 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6 9 - '/ S 6? of i- 7e-1- 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 BETH A ALLEMAN, an adult individual residing at 191 CHAMBERLIN RD T-315 SCOTLAND, PA 17254. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #5458001520385919; and said account was issued to Defendant(s) by METRIS, 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 $4,670.97. 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 $4,670.97 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enaa4 Dated: 7/1/2009 BY: RTES, P.C. in Debt Collection David J. 4othaker, Esquire Our File No.: 211939 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. made subject to the penalties of 18 Pa.C.S.A. 4904 understands that the statements therein are falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 7/1/2009 CACH, LLC BETH A ALLEMAN 191 CHAMBERLIN RD T-315 SCOTLAND, PA 17254 STATEMENT OF ACCOUNT Debtor's Name: BETH A ALLEMAN Account Number: 5458001520385919 Original Creditor: METRIS Balance Due: $4,670.97 Our File No.: 211939 EXHIBIT "A" 0 4' 3 $Z$.5o pQ AT r4 cry 1405,1 O 91* as-17al Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFfi%E ,`r -?,E `'-:RIFF EiLE_ry`„ ; rE ?;RY OFTH 2009 JUL 28 P 'N 3' 26 CU ,p 1 f Edward L Schorpp Solicitor Cach, LLC vs. Beth A. Alleman Case Number 2009-4552 SHERIFF'S RETURN OF SERVICE 07/24/2009 04:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2009 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Beth A. Alleman, by making known unto herself personally, defendant at 191 Chamberlin road T-315 Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same:. SHERIFF COST: $46.00 July 27, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff 46. Our file No.: 21193 APOTHAKER & ASS TES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 CACH, LLC Vs. BETH A ALLEMAN Plaintiff, ) Defendant. ) D N 0 0 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-4552 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 21, 2009, STIPULATED by and between Plaintiff, CACH, LLC, and Defendant, BETH A ALLEMAN parties as follows: 1. Defendant agrees to pay the sum of $4,834.31, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $4,834.31 shall be paid by the by Defendant, BETH A ALLEMAN, to the attorneys for Plaintiff in the following manner: a. $537.00 to be paid on or before August 24, 2009; b. $268.50 to be paid on or before September 8, 2009; September 22, 2009; October 6, 2009; and October 22, 2009; c. $350.00 to be paid on or before the 24th day of each month, beginning November 24, 2009 until paid in full. All checks are to made payable to CACH, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 211939 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $4,834.31, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to BETH A ALLEMAN by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm En agedir Collection e By: Kimb? ly F. Scian, Esquire *BETA A FILED-001CE OF 'll E ppCJTPMTARY 2009 SEP -4 PM 3= 01 ?CUMB?,:?:?t•?? r;?UNTY PENNSC ANIA M Our File No.: 211939 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorrrey I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CACH, LLC MCU ;:o C' c:? r71- - Z r f t - cn a - r. COURT OF COMMON PLEA! OiF CUMBERLAND COUNTY C--', Plaintiff vs. BETH A ALLEMAN NO.: 09-4552 Defendant Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, CACH, LLC, and against Defendant, BETH A ALLEMAN, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on September 4, 2009, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount o£ Balance: Less: Payments: Plus: Interest from September 4, 2009 TOTAL Dated: July 25, 2011 David J. Apothak?F Attorney for Plaintiff $ 4,834.31 ( 1,786.00) .00 $ 3,048.31 *14.00 PD A71Y mol-ee Our File No.: 211939 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. BETH A ALLEMAN NO.: 09-4552 Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on September 4, 2009, a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of Judgment in the amount of $4,834.31, giving the Defendant credit for payments made totaling $1,786.00, for a total of $3,048.31. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the p ties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. aker, Esq. Attorney Plaintiff Dated: July 25, 2011 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BETH A ALLEMAN PO BOX 225 SHIPPENSBURG, PA 17257 CACH, LLC ) Plaintiff ) vs. ) BETH A ALLEMAN ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4552 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. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT ? JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN ? JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker Esd, at this telephone number: 215-634-8920 ...:? ?; Our File No.: 211939 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 vs. BETH A ALLEMAN ) Plaintiff ) Defendant ) Civil Action 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 PO BOX 225 SHIPPENSBURG, PA 17257. We inquired with the web site of the Defense NAnpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 2220 -25 3, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the De our inquiry indicated that the Defendant(s) is/are not Data Center has sent back David J. Apothaker, Esq. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4552 I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18, Pa.C.S.A. §4904, relating to unsworn falsification to authorities. De'patrucatt of Defm-t! -%4w4,c-x r Data Center itd _` :G 11 1? : Mbwv Stales Report PW Wet to the Sarr et M=bw CN ReW Act ALLEkiAN BETH A Based as the i konam you hone furmhed, the DNOC does nor pa,sess my tefb ua &d oiog dr M&idaai steam. 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Ptabic Heft Service fir dw?io inapt Oczm is mad Au osphem Aeration (NQAA C.amtaetimed£c rtw) ftw a peati6d cf=am than 3{f carmex +e dqt- C*? 47n4 OW SCX4 b Ar#* W in Sow Cettn Coverage under &e SCRA in broader is same cases a nd foclodcs some catcgadcs of pasMs am active duty fm psposes of f6e SCRA wW wtauid we be regaled as ae Acdw D* tnd&f it eaakate. Mary um s a rders arc swended to eztemd for prod of acme dioty, wbK* woetid creed SCR A protect ss_ Prices seelong to rdy on dais wehsile rertlieaac+n 4wWd die& to make sure the orders can which SCRA probTtiom are based have not been ameade,d to end the odutrim dates ofservice Ftatbertiam. scare proeecaamt of ie SCRA may efto d to pasau *to bats rccaved orders to report Sur adve duty or to be in&xteed, bat who haim art moody begot ectivc duty or .ctuaty rcpg far mAk-boa. 2'ft Last Date an Active Duty [may is aaporratt because a tautmber of praectiom of SCRA mtend beyond the Base dates of adive cknv. Those who wotdd rd y car tss caffieffic are [aged to seeds gtraifaed legal comnstl to Mt" that a$ t*bh gWiranteed to Sole c meatbert tender IS- SCRA we prot""ed WAR''DiG- TLts certificate was prrn ded based on a name and SS1 provided by the requester Pnrviding an esraremn nmw +x SSN wA coise an erronsaa certificate to be provided. Rcpc4tIDi'Q33401EQ2 1 I Our file No.: 21193 APOTI4AKER & ASS TES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 CACH, LLC Plaintiff, vs. BETH A ALLEMAN Defendant. Q D U N O O lD COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-4552 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 21, 2009, STIPULATED by and between Plaintiff, CACH, LLC, and Defendant, BETH A ALLEMAN parties as follows: 1. Defendant agrees to pay the sum of $4,834.31, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $4,834.31 shall be paid by the by Defendant, BETH A ALLEMAN, to the attorneys for Plaintiff in the following manner: a. $537.00 to be paid on or before August 24, 2009; b. $268.50 to be paid on or before September 8, 2009; September 22, 2009; October 6, 2009; and October 22, 2009; c. $350.00 to be paid on or before the 24th day of each month, beginning November 24, 2009 until paid in full. All checks are to made payable to CACH, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 211939 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $4,834.31, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to BETH A ALLEMAN by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm En aged iny' Collection Ely: Kimb? ly F. Scian, Esquire BE A ALLEMAN FILED-t71='t OF THE PRoTE'^NDTARY 1009 SEP -4 PM 3: 01 C1JM s,u COUNTY PEN10VANIA