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Home My WebLink About10-7078 Our File No.: 266533 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.: 10 - qb q8 0,%V i 1 -004 NnTTCF 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 ga.oo F, 13 AT-rq cod 0 d 50 ?i? Our File No.: 266533 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 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 6495; 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 $1,146.40. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". „a,.?? r?TrnC+74oPA 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 $1,146.40 and requests this Court award costs to the exte"ermitted by applicable law 0 1 APOTHAKE & tiSn OCIATES, P.C. Att0 elan if A Law Firm E a ebt Collection BY: David J. Apothaker, Esquire Dated: 10/21/2010 Our File No.: 266533 F 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 rel g t unworn falsification to authorities. David J. pothaker, Esquire Attorneyfor Plaintiff DATE: 10/21/2010 PORTFOLIO RECOVERY ASSOCIATES, LLC CYNTHIA BERKHEIMER 164 WYOMING AVE ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: CYNTHIA BERKHEIMER Account Number: ending in 6495 Original Creditor: CAPITAL ONE BANK (USA) NA Balance Due: $1,146.40 Our File No.: 266533 EXHIBIT "A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart OFFICE OF' '14E SwERIFF Solicitor ? era a 7-1 '7 Portfolio Recovery Associates, LLC . 7 Nb- nber= - vs. , 10-?Q78 w ?i Cynthia Berkheimer SHERIFF'S RETURN OF SERVICE 11/12/2010 06:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2010 at 1805 hours, he 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. SHERIFF COST: $41.50 November 16, 2010 ?? 7? TIM LA K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ic) CountySuite Sheriff, Teleosoft Inc W Our file No.: 266533 e' APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 307949 PORTFOLIO RECOVERY ASSOCIATES, LLC VS. Plaintiff, CYNTHIA BERKHEIMER Defendant. CF THELPROTBN'04 0Mj'), N, 2010 DEC 10 AN It: 14 CUMBERLAND COU T v . PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-7078-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 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 $1,338.40, 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 $1,338.40 shall be paid by the by Defendant, CYNTHIA BERKHEIMER, to the attorneys for Plaintiff in the following manner: a. $267.68 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 SOCIATES, LLC, and sent to: Apothaker & Associates, P.C. o 520 Fellowship Road C306 ?v Mount Laurel, NJ 08054 Our file No.: 266533 If 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 $1,338.40, 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 Engaged in Jebt Collection By: Esquire YNTHIA ERKHErMER IP Our File No.: 266533 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, vs. CYNTHIA BERKHEIMER Defendant. CILED-OFFICE L"T TNF PROTHONOTARY 2011 NOY -9 PM 12: 40 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7078-CIVILTERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER &;/AS OCIATES, P.C. Attorne}?s fo Plaintiff A Law Firm Eng ged n Debt C lectioi By: David J. Apothaker, Esquire Dated: 11/3/2011 1