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Home My WebLink About10-6446 Our File No.: 262770 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 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 Plaintiff, VS. JAMES L STANK 509 4TH ST NEW CUMBERLAND, PA 17070 Defendant. PILED=OFFICE, OP THE PROTHONOTARY 2010 OCT 12 PM 1: 3 I CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. p Ai (44 p 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 01 y o ??aoag??s 1 f Our File No.: 262770 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Psquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 Plaintiff, vs. JAMES L STANK 509 4TH ST NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. `d to `/`/6 <<?,-t CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC, 140 CORPORATE BOULEVARD, NORFOLK, VA 23502. 2. Defendant(s) is/are JAMES L STANK, an adult individual residing at 509 4TH ST NEW CUMBERLAND, PA 17070. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account # ending in 4509; and said account was issued to Defendant(s) by FIA CARD SERVICES/MBNA, 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 $3,360.43. 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 $3,360.43 and requests this Court award costs to the extent permitted by applicable law. APOTH)=R A OCIATES, .C. Attorn y f Plaintiff A Law Firm En aQ in Deb ollectioi Dated: 10/1/2010 BY: David J. ANLhaker, Esquire Our File No.: 262770 .AP 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 relatin,K)6 unworn falsification to authorities. David J. ker, Esquire Plaintiff DATE: 10/1/2010 PORTFOLIO RECOVERY ASSOCIATES, LLC JAMES L STANK 509 4TH ST NEW CUMBERLAND, PA 17070 STATEMENT OF ACCOUNT Debtor's Name: JAMES L STANK Account Number: ending in 4509 Original Creditor: FIA CARD SERVICES/MBNA Balance Due: $3,360.43 Our File No.: 262770 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF1CE of T-E $wERIFF Portfolio Recovery Associates, LLC Case Number vs. James L. Stank 2010-6446 SHERIFF'S RETURN OF SERVICE 11/02/2010 08:08 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 2008 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James L. Stank, by making known unto himself personally, at 509 4th Street, Apartment 2, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. A N DA AU H, DEPIUY SHERIFF COST: $43.30 November 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF nco icl CountySuite Shenff. Teleosoft. Inc, I' Our File No.: 262770 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. JAMES L STANK Defendant a rFIL ED CF`FICF ?. 2311 FF3 -4 ,5 % f,p.py 0q, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6446 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, JAMES I, STANK, in the default of an Answer, in the amount of $3,360.43 computed as follows: Amount claimed in complaint: $ 3,360.43 Less: Amount Paid: ( 0.00) Plus: Interest from October 1, 2010 to January 28, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 3,360.43 I certify that Defendant, JAMES L STANK, l t kn wn address is 509 4TH ST NEW CUMBERLAND, PA 17070. David J. Apo er, Esq. Attorney for Plaintiff Dated: January 28, 2011 p???? W l;eOY4 4r ?Y# 601 ? lUfi?t ?1??-Cer? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JAMES L STANK 509 4TH ST NEW CUMBERLAND, PA 17070 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. JAMES L STANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6446 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. 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. Anothaker, Esq. at this telephone number: 800-672-0215 Our File No.: 262770 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 VS. JAMES L STANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6446 Plaintiff Civil Action Defendant CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the unsworn falsification to authorities. C.S.A. §4904, relating to David J. Apothaker, Esq. Attorney for Plaintiff Dated: January 28, 2011 Our File No.: 262770 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. JAMES L STANK Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6446 : 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 509 4TH ST NEW CUMBERLAND, PA 17070. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209?'T' 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 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. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-28-2011 10:44:59 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency STANK JAMES Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). r14,4. it Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting 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 Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known 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 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 is on active duty, 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 "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty 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). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 1/28/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard 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) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. 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 actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:N3EONUCK2U https://www.dmdc.osd.mil/appj/scra/popreport.do 1/28/2011 262770 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) JAMES L STANK ) NO. 10-6446 To: JAMES L STANK 509 4TH ST NEW CUMBERLAND, PA 17070 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 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 Date: November 29, 2010 BAR C. DAVID J. AP T . R, 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 2`_1 9 i JP:1 `2 ffH I • l UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA ! s''I E { ' '''#.' PENNSYLVANIA IN RE: JAMES L. STANK CHAPTER 7 • Debtor • v • CASE NO.: 1:13-bk-06028-RNO PORTFOLIO RECOVERY ASSOCIATES,LLC : Movant MOTION TO AVOID JUDICIAL LIEN ORDER AVOIDING JUDICIAL LIEN UPON CONSIDERATION OF the Debtors'Motion to avoid,cancel,and release a Judicial Lien,it is hereby ordered and directed as follows: 1. The Judicial Lien held by PORTFOLIO RECOVERY ASSOCIATES,LLC and entered of record in the County of Cumberland,Pennsylvania,Case No.i♦ uorwvii is hereby avoided,cancelled,and released. 2. PORTFOLIO RECOVERY ASSOCIATES,LLC shall cancel and avoid the judgment entered of record in Cumberland County against the Debtor. By the Court, 6.44 u. etit.,e Robert N.Opel,II,Bankruptcy Judge (8n Dated: December 20, 2013 q,sopd Cas4 02 g'99 .? Case 1:13-bk-06028-RNO Doc 14 Filed 12/20/13 Entered 12/20/13 13:10:05 Desc Main Document Page 1 of 1