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HomeMy WebLinkAbout09-5625v Our File No.: 214877 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. JESSICA HELLER 432 W SHADY LN ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09 - %,*!F &kvtk Lech 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.: 214877 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. JESSICA HELLER 432 W SHADY IN ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: &9- .5?-, a y & :j 1--Z ? 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 JESSICA HELLER, an adult individual residing at 432 W SHADY LN ENOLA, PA 17025. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account #4185862891570246; 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 $2,449.05. 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 $2,449.05 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS TES, P.C. Attorney fo PI tebt tiff A Law Firm Enaaae in Collectioi BY: Dated: 8/6/2009 David J. Apotlkhker, Esquire Our File No.: 214877 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: 8/6/2009 PORTFOLIO RECOVERY ASSOCIATES, LLC JESSICA HELLER 432 W SHADY LN ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: JESSICA HELLER Account Number: 4185862891570246 Original Creditor: WASHINGTON MUTUAL BANK Balance Due: $2,449.05 Our File No.: 214877 EXHIBIT "A" Q FILE` 12 -*,7&.6o Po ATW CI-* 14:s 17 to 8 Sheriffs Office of Cumberland County R Thomas Kline i Sh ALE-- .) Q OF 71f p?,iTH-)w( ) 1 er ff 10111"o at ??c??brrrt - . T Y Ronny R Anderson Chi D t h 10 ??Q9 AUG 19 AM 9: 14 ef epu y Jody S Smith Civil Process Sergeant OFFICE r `- S"ERIEF , ? ;ti? Cf)UNTy , i Edward L Schorpp Solicitor Portfolio Recovery Associates, LLC Case Number vs. Jessica Heller 2009-5625 SHERIFF'S RETURN OF SERVICE 08/15/2009 12:20 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August 15, 2009 at 1220 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jessica Heller, by making known unto Ken Evans, Roommate,at 432 W. Shady Lane Enola, Cumberland County, Pennsylvania 17025 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, 2e? August 17, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff Our file No.: 214877 'L? APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. JESSICA HELLER Defendant. COURT OF COMMON PLt CUMBERLAND COUNTY 0 n N N O 0 DOCKET NO.: 09-5625 Civil Term Civil Action rr. G 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 October 12, 2009, STIPULATED by and between Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, JESSICA HELLER parties as follows: 1. Defendant agrees to pay the sum of $2,592.81, 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 $2,592.81 shall be paid by the by Defendant, JESSICA HELLER, to the attorneys for Plaintiff in the following manner: a. $75.00 to be paid on or before the 17th day of each month, beginning October 17, 2009 until paid in full. All checks are to made payable to PORTFOLIO RECOVERY ASSOCIATES, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 214877 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 $2,592.81, 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 JESSICA HELLER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl 'ntiff A Law Firm Engaged i_j1 ollectioi F.`Scian, Esquire JESSICA HELLER Fi! VC; 0i-Fi CE n , p 2099 OC i 30 PM 3: 33 c.;c. s"s `t}, ,V rl .. Our File No.: 214877 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 Plaintiff vs. JESSICA HEELER Defendant ~ T' ~ r ~ ~, t"I ,~. z~~Q ~ ,; -, ,-; . ,, ~,i; LJ ~di v `. JtIL a?~ PM1 4 % 4`5 Cl, ~ •,~y r}s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5625 Civil Term Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, and against Defendant, JESSICA HEELER, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on October 30, 2009, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Balance: Less: Payments: Plus: Interest from October 30, 2005 TOTAL Dated: July 16, 2010 $ 2,592.81 ~I~.oc Pb g1Yy e~ tgoyg8 ~~ a~~~ IJaka. Akuk-~ Attorney for Plaintiff Our File No.: 214877 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. JESSICA HEELER 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 October 30, 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 $2,592.81, giving the Defendant credit for payments made totaling NO.: 09-5625 Civil Term $525.00, plus interest in the amount of $ .00, for a total of $2,067.81. I verify that the statements made in this Certification that false statements herein are made subject to the unsworn falsification to authorities. true and correct. I understand 18 Pa.C.S.A..,§4904, relating to David J. Ap~tha~r, Esq. Attorney for laintiff Dated: July 16, 2010 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JESSICA HEELER 432 W SHADY LN ENOLA, PA 17025 PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. JESSICA HEELER NO.: 09-5625 Civil Term Civil Action Defendant 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, Esg at this telephone number: 215-634-8920 7/6t8/~8 Our File No.: 214877 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 Plaintiff vs. JESSICA HEELER Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5625 Civil Term 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 432 W SHADY LN ENOLA, PA 17025. We inquired with the web site of the Defense Wilson Boulevazd, Suite 400, Arlington, VA 2220 branch of the military. Mary M. Snavely-Dixon, Director of the De our inquiry indicated that the Defendant(s) is/are not David J. Apd~ker, Esq. Attorney for Plaintiff wer Data Center, located at 1600 if the Defendant(s) is/are in any Center has sent back I verify that the statements made in this Certification aze 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. 1)r~+rmmtt a~fl3e~enu M~ap~ower lh~ ~Cee~er lni-16-3414 i2~1433 i~sy Sta~sc 7tcpart 1Maessut bo the Soviet AdessLea Gvi IGirFAct ixi : t q ~ ~ '~ 7 y 1 ~„ ~t `,r~ ~ .. , . ~ ,1:_ ,_ I~T.LSdt .>'•ESSICA ~ed at ilk is~ossrsr~fa.7oo iM~ Eeosishie~ the Di1~?C does sot possess te~y iakaetruti0r i ~'~ dr io3+4dashtetws. ~P~ sit the irfaoslnn0ios tielu brdics dma cfDeimsc 1?etr Getter. Obad an Itic iafassteoa t6t yw pm+ided, tha si-ovt:es tix ~Merast st~aa of the iedicidwl sa to aM 6rasrbes sfd~e T,'sformed Services (,A~myr,'hisnq, Matatrr Carps, Air Faea, AAA, Pubic 1~~. red Cant - r~wy,. r~ ,c~.~,_~-. Tom' dA. Saase3,~-17haas, Direc6or' ikpa~0eaet oC 1)sleme - A1ae~povurr Dhtr ('.sbler 1600 VtSisos ~tvd., Sete d00 Asteetm VA 22709-2593 1'be ~ed'esr3tr Ddsrpasvm~ i>wta Cues is sst a~ittipas at'tbe Defnsexieat af'Defes~e tlPat wMiotam dsr D~esrc 1"saa~ou a~ad P~iey Rrpo<ie* Sy,~em (1~1tS) dwbau ,rKch g the ats~;rt asuce of data an ei~y for miitisr medical -are red e~ei . ~ ~ ~y ~«t:+b~ edac+meeas cfd~e sa~iee 1d~be+s Cxi1 Reief Ad (sO L75C ~- ~ Sill et ~ as e~dl C io,oere sr tie Sol#ers' aad 5eiors LSvI IitfeiAex of 194tTj. 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Repott IIT.'I4jtK7I~GP3.R Our file Na.: 21487? -""" APOTHAI~ER 8c ASSOCIATES, P.C. 524 Fellowship Road C346 Mount Laurel, NJ 08054 (800} 6'72-0215 Attorneys far Plaintiff Attorney ID# 55140 PORTFOLIO RECOVERY .ASSOCIATES, LLC Plaintiff, vs. JESSICA HELI:.ER COURT OF COMMON PI.. ;_._...~:.:.~ i 5?~.~ r~ c°a ,~"~ T {~ y3v ~..~ .: ~, e_: ~r=:~~: CUMBERLAND COUNTY ~ ~. ~,-, . DOCKET NO:: 09-5625 Civil T ,'~ i,; ,~,, .. ca t s ~; ~ ~ Mcs `-t Civil Actiax~ 4- ~ ~ ;? STIPULATION IN LIEU Defendant. w The matters and things in cantroversy,having been discussed by and between the parties, and a settlement. having been agreed upon: It is on October 1.2, 2409, STIPULATED by and between Plaintiff, 'PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, JESSICA HEELER parties as follows: L Defendant agrees to pay the sum of $2,592.81, 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 $2,592.81 shall be paid by the by Defendant, JESSICA HEELER, to the attorneys for Planriff in the fallowing manner:. a. $75.00 to be paid on ar before the 17~' day of each month, beginning October 17, 2049 until paid in full. All checks are to made payable to PORTFOLIO RECOVERY ASSOCIATES, LLC, and. sent to: Agotl~aker & Associates, P,C. ~ ~ """~- ~-w .~m~524 Fellowship Road C306 iV~a~ Laurel, NJ 08454 y, F qur file No.: 214877 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 paste, in the sum of $2,592.81, :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 cx paste application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to JESSICA HEELER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for P 'miff A Law Firm Engaged,.' ollectoi P.`Scan, Esquire JESSICA .HEELER r 214877 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC )COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) JESSICA HEELER ) N0.09-5625 Civil Term To: JESSICA HEELER 432 W SHADY LN ENOLA, PA 17025 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 08, 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 ~l DAVID 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