HomeMy WebLinkAbout10-5848Our File No.: 263478
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
ADVANTAGE ASSETS II, INC.
7322 SOUTHWEST FREEWAY, SUITE
1600
HOUSTON, TX 77074
Plaintiff,
vs.
AMY L KARPER
1463 OLDE OAK CT
MECHANICSBURG, PA 17050-9199
Defendant.
FILED-OFFICE
OF TNF ,r:n "'reYARY
10 Sgg L3 r 5 3
CUMBER, :'; E.,GUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: !D - S 3 yo 1.lUt
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
34 S. BEDFORD ST.
CARLISLE PA 17013
717-249-3166
Our File No.: 263478
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
ADVANTAGE ASSETS II, INC.
7322 SOUTHWEST FREEWAY, SUITE
1600
HOUSTON, TX 77074
Plaintiff,
vs.
AMY L KARPER
1463 OLDE OAK CT
MECHANICSBURG, PA 17050-9199
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: /
SFyq- Cdy, r
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is ADVANTAGE ASSETS II, INC., 7322 SOUTHWEST FREEWAY, SUITE 1600,
HOUSTON, TX 77074.
2. Defendant(s) is/are AMY L KARPER, an adult individual residing at 1463 OLDE OAK CT
MECHANICSBURG, PA 17050-9199.
3. Plaintiff, ADVANTAGE ASSETS II, INC., is the Assignee and Successor in Interest of Account
# ending in 6049; and said account was issued to Defendant(s) by CITIBANK (SOUTH DAKOTA) N.A./THE
HOME DEPOT, 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 $3,455.91. 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
$3,455.91 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & S CIATES, P.C.
Attorney r aintiff
A Law Firm Enga d ' Debt Coll-oetioi
BY:
David J. Apothaker, Esquire
Dated: 9/2/2010
Our File No.: 263478
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 relatiAg P unworn falsification to authorities.
David J. Ahaker, Esquire
Attorney for Plaintiff
DATE: 9/2/2010
ADVANTAGE ASSETS II, INC.
AMY L KARPER
1463 OLDE OAK CT
MECHANICSBURG, PA 17050-9199
STATEMENT OF ACCOUNT
Debtor's Name: AMY L KARPER
Account Number: ending in 6049
Original Creditor: CITIBANK (SOUTH DAKOTA) N.A./THE HOME DEPOT
Balance Due: $3,455.91
Our File No.: 263478
EXHIBIT "A"
263478
Request for Service
R. Thomas Kline Sheriff
Cumberland County Office of the Sheriff
One Courthouse Square
Carlisle, PA 17013
Ph: 717.240.6390
Fx: 717-240-6397
Plaintiff/s: Court Number:
ADVANTAGE ASSETS II, INC. Expiration Date:
Type of Action:
Civil Action
Defendant/s:
AMY L KARPER
Serve Upon:
AMY L KARPER
Address for Service:
1463 OLDE OAK CT
MECHANICSBURG, PA 17050-9199
Alternate Address for Service:
Type of Service:
( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting
Special Service Instructions:
* * If service is to be made by deputized service to another county please specify which
county
Filing Attorney Information:
Name: Apothaker & Associates, P.C.
Address: 520 Fellowship Road C306
Mount Laurel, NJ 08054
Telephone: 215-634-8920
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
040111 r pt IiIrlG'1440
''I
,?- - for rti ? E I' ? 10 TA IR
4''r l r
U ?'y'! r v p 1 f' C 0Ij
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Advantage Assets II, Inc.
vs.
Amy L. Karper
Case Number
2010-5848
SHERIFF'S RETURN OF SERVICE
09/20/2010 06:18 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 1818 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Amy L. Karper, by making known unto herself personally, at 1463 Olde
Oak Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
September 23, 2010
TIM C <, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
;c') CountySuae Sheriff. ieleosoff. Inc.
Our file No.: 263478
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 307949
ADVANTAGE ASSETS II, INC
Plaintiff,
VS.
AMY L KARPER
Defendant.
c1ca
;ii°?E?{{, cDtOt?.f11 ?.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 10-5848 CIVILTERM
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 September 23, 2010, STIPULATED by and between Plaintiff,
ADVANTAGE ASSETS II, INC., and Defendant, AMY L KARPER parties as follows:
1. Defendant agrees to pay the sum of $3,647.91, 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 $3,647.91 shall be paid by the by Defendant, AMY L
KARPER, to the attorneys for Plaintiff in the following manner:
a. $100.00 to be paid on or before September 27, 2010;
b. $25.00 to be paid on or before the 15t` day of each month, beginning
October 15, 2010 until paid in full.
All checks are to made payable to ADVANTAGE ASSETS 11, INC., and
sent to:
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
s '
Our file No.: 263478
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 $3,647.91, giving Defendant credit
for any sums actually paid pursuant to the terms of this Stipulation.
4. In the event of default as aforesaid, 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 AMY L
KARPER 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 Engaged4ebt Collection
By:
?1 AA A A A ? , (? A fR ?_
ER
Our File No.: 263478
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
ADVANTAGE ASSETS II, INC.
VS.
AMY L KARPER
Plaintiff
Defendant
• .
;•.■ f I ".; s
i APP 10 N.; 2: 1 9
CUMBERLAND COUNTY
PEN?-1S YD./AMA
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 10-5848 CIVILTERM
)
) Civil Action
)
)
PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION
TO THE PROTHONOTARY:
Please enter a judgment in favor of plaintiff, ADVANTAGE ASSETS II, INC., and
against Defendant, AMY L KARPER, for failure to comply with the terms and conditions of the
Stipulation in Lieu of Judgment (Stipulation), filed with this Court on October 12, 2010, a copy
of which is attached hereto as Exhibit "A".
Assess damages in the amount of:
Balance:
Less: Payments:
Credit:
$ 3,647.91
( 1,075.00)
( 63.00)
TOTAL $ 2,509.91
David ‘rhaker, Esq.
Attorney for Plaintiff
Our File No.: 263478
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
ADVANTAGE ASSETS II, INC.
VS.
AMY L KARPER
Plaintiff
Defendant
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 10-5848 CIVILTERM
)
) Civil Action
)
)
David J. Apothaker, Esquire, certifies as follows:
1 1 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 12, 2010, 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. All credits, if any, to which Defendant(s) is entitled, have been applied to the
balance and are reflected in Plaintiff's Praecipe to Enter Judgment.
5. Therefore, pursuant to the Stipulation, Plaintiff requests entry of Judgment in the
amount of $2,509.91.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the pena ties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
David ' . • pothaker, Esq.
Attorne for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: AMY L KARPER
1463 OLDE OAK CT
MECHANICSBURG, PA 17050 -9199
ADVANTAGE ASSETS II, INC.
vs.
AMY L KARPER
Plaintiff
Defendant
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 10 -5848 CIVILTERM
)
) 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
i) D
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, Esq. at this telephone number: 215- 634 -8920
ly
Our File No.: 263478
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
ADVANTAGE ASSETS II, INC.
VS.
AMY L KARPER
Plaintiff
Defendant
) COURT OF COMMON PLEAS OF
) CUMBERLAND COUNTY
)
)
) NO.: 10-5848 CIVILTERM
)
) 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 1463
OLDE OAK CT MECHANICSBURG, PA 17050-9199.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 22209- 593, if the Defendant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the D fens Manpower Data Center has sent back
our inquiry indicated that the Defendant(s) is/are no in the military.
David J. pothaker, Esq.
Attorney laintiff
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.
Our file No.: 263478
APOTHAKER &. ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel. N1 08054
(800) 672 -0215
Attorneys ax plaintiff
Attorney TD# 307949
ADVANTAGE ASSETS 11, INC.
\'s.
AMY L K. AR.PER
Plaintiff;
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 10 -3845 CiviT ;1TN \I
Civil Action
STIPULATION IN LIEI.J OF 1 T)GMENt f
The matters and things in controversy having.: been discussed by and between the
parties. and a settlement having been agreed upon:
It is on September 23, 2010, STIPULATED by and between Plaintiff.
Al )VAN ACGE ASSETS II. INC.; and Defendant, AMY L K ;ARPER parties as follows:
1. Defendant agrees to pay the sum of 53,647.91, which sum .Plaintiff a�Llrees
to accept in full settlement of its claim herein. inclusive of counsel fees and court costs.
2. The sum aforesaid of ,$3,647.91 shall be paid by the by Defendant, AMY L
KARPER, to the attorneys 'fbr Plaintiff in the following manner:
salt t0:
a. 5100 00 to be paid on or Fel Sej . i!. , 27, 2010
b. 525.00 to be paid on or before the 15th day, ()leach month, beginning,
October '15. 2010 until paid in full.
All checks are to made payable to ADVANTAGE ASSETS 11, l\1C., and .
Apothaker c2 Associates. P.C.
520 Fellowship Road C306
Mount Laurel, NS 08054
Our file No.: 263.78
3. ln 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 S3,647.91 giving Defendant credit
for any sums actually paid pursuant to the terms of this .Stipulation.
4. rn the event of default as aforesaid. Plaintiff shall be entitled to obtain the
entry of Judzinent upon ex parte application, with supporting certification, and with
notice to Defendant only in the form of a copy of the application addressed to Ai\'P L
KARPER by first-class; postage prepaid.
We hereby consent to the form ,and entry of the within Stipulation.
APOTHAKER & ASSOCIATES, P.C.
Attorneys for Plaintiff
Law Firm Engaged„in/Debt Collection
By:
.Cavallard: Esquire
;
•/ t Pt t
AMY L icA.R.PER
Department of Defense Manpower Data Center
•
Results as of : Mar -06 -2014 11:53:51 AM
SCRA 3.0
Status .RI p Ott
ur u, nt .Se r - i4 e me mleri Relief .A,Gu
Last Name: KARPER
First Name: AMY
Middle Name: L
Active Duty Status As Of: Mar -06 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duly Within 367 Days of Active Duty Status Dale
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His /Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the individual or his /her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollmen and Eligibility
iRePortirli/ System; (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil ReliefAct (50uSC App. OoU1 et seq, as amended) (SCRA) (formerly knowr as
the Soldiers and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
^uofenuounx.miruRL: hop:8*ww.uefenoeUnx.mi|8an/p|s/PCU9SLDn.mm|, Ifyou have eviderice the person was on active dutyforthe active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the foliowing nformatioru (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notifcation to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior lo 2010 only some of the active duty periods Iess
than 30 consecutive days in ength were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active 8uamRosome(^SR) membemmustuoaooignodagainstanumhonzoomom|izationposbionintho
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broade in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Ac ve Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actualty begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure tha all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based onnlast name, SSN/date of birth, and active duty status date provided by the requester, Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: J7N4171F803AP90