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Our File No.: 266511 '
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.
CYNTHIA BERKHEIMER
164 WYOMING AVE
ENOLA, PA 17025
Defendant.
FILED-OFFiCE
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10 - Gl5q (2i"I r l&,,
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
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Our File No.: 266511
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. )
CYNTHIA BERKHEIMER )
164 WYOMING AVE )
ENOLA, PA 17025 )
Defendant. )
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is PORTFOLIO RECOVERY ASSOCIATES, LLC, 140 CORPORATE
BOULEVARD, NORFOLK, VA 23502.
2. Defendant(s) is/are CYNTHIA BERKHEIMER, an adult individual residing at 164 WYOMING
AVE ENOLA, PA 17025.
3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in
Interest of Account # ending in 3230; and said account was issued to Defendant(s) by CAPITAL ONE BANK
(USA) NA, 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 $1,028.28. 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
$1,028.28 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER ASS CIATES, P.
Attornfor P 'ntiff
A Law Firm En aged in npht r 1P?t;
BY:
Dated: 10/13/2010 David J. A
Our File No.: 266511
VERIFICATION
David J. Anothaker 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.Vo"u isworn falsificat' n to authorities.
David J.
Attorney for
DATE: 10/13/2010
PORTFOLIO RECOVERY ASSOCIATES, LLC
CYNTHIA BERKHEIMER
164 WYOMING AVE
ENOLA, PA 17025
STATEMENT OF ACCOUNT
Debtor's Name: CYNTHIA BERKHEIMER
Account Number: ending in 3230
Original Creditor: CAPITAL ONE BANK (USA) NA
Balance Due: $1,028.28
Our File No.: 266511
EXHIBIT "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
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Jody S Smith
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Richard W Stewart
Solicitor OFFiC`E ,:)F THE SxER)FR
Portfolio Recovery Associates, LLC Case Number
vs.
Cynthia Berkheimer 2010-6754
SHERIFF'S RETURN OF SERVICE
11/01/2010 05:41 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
November 1, 2010 at 1741 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Cynthia Berkheimer, by making known unto herself personally, at 164
Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
A A O PU
SHERIFF COST: $41.50
November 04, 2010
SO ANSWERS,''`
RON R ANDERSON, SHERIFF
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FIL%OFFICE
Our file No.: 266511 _ ?F THE P OTHONO TAR Yj FTC-)
APOTHAKER & ASSOCIAT
P,,? O AM 11: t 520 Fe
t1
llowship Road C306
Mount Laurel, NJ 08054 CUMBERLAND COt1Pl ; (800) 672-0215 PENNSYLVANIA w °
Attorneys for Plaintiff _o C
Attorney ID# 307949 a
COURT OF COMMON PLEA-?
PORTFOLIO RECOVERY ) CUMBERLAND COUNTY
ASSOCIATES, LLC )
DOCKET NO.: 10-6754-CINI LTE-RM
Plaintiff, )
VS. ) Civil Action
CYNTHIA BERKHEIMER ) STIPULATION IN LIEU OF JUDGMENT
Defendant. )
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been agreed upon:
It is on November 19, 2010, STIPULATED by and between Plaintiff,
PORTFOLIO RECOVERY ASSOCIATES, LLC, and Defendant, CYNTHIA
BERKHEIMER parties as follows:
1. Defendant agrees to pay the sum of $1,161.78, 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 $1,161.78 shall be paid by the by Defendant,
CYNTHIA BERKHEIMER, to the attorneys for Plaintiff in the following manner:
a. $232.35 to be paid on or before November 19, 2010;
b. $97.33 to be paid on or before the 20th day of each month, beginning
December 20, 2010 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.: 266511
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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 $1,161.78, 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 CYNTHIA
BERKHEIMER 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 Enaaeedid'Debt Collection
By:
J. CAallaro, Esquire
r
CYNTHIA BERKHEIMER