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"
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Jody S Smith
Civil Process Sergeant
OFFICE r `- S"ERIEF ,
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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
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DOCKET NO.: 09-5625 Civil Term
Civil Action
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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
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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
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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
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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.
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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..
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DOCKET NO:: 09-5625 Civil
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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