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Home My WebLink About12-1184 Our File Nq.: 318763 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff " C'rllONOTAR.,Y. 2612 FEB 24 41410:46 C"BERLAtilO COUNTY "It4 `SYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 Plaintiff, vs. MARJORIE M FIESELER 6460 BRANDY LN MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: J6101, 110'y 8-vil 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 cs? ON+ 0 i03. 7:5 ?d Ck-4 Roo 715/7a Our File No.: 318763 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. MARJORIE M FIESELER 6460 BRANDY LN MECHANICSBURG, PA 17050 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 MARJORIE M FIESELER, an adult individual residing at 6460 BRANDY LN MECHANICSBURG, PA 17050. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account # ending in 6050; and said account was issued to Defendant(s) by HSBC BANK/GM, 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 $13,807.59. 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 $13,807.59 and requests this Court award costs to the extent permitted by applicable law. APOTHAK R ASSOCIATES, P.C. Att me for Plaintiff A Law ]Amh2ed in PSebt Collection Dated: 2/21/201 2 BY: David J. Apot aker, Esquire Our File No.: 318763 VERIFICATION L David J. Apothaker Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. AK4ER ASSOCIATES, P.C. Attbrn v for Plaintiff A Law Firm aged i ebt Collection BY: David J. Apothaker, Esquire Attorney for Plaintiff DATE: 2/21/201) PORTFOLIO RECOVERY ASSOCIATES, LLC MARJORIE M FIESELER 6460 BRANDY LN MECHANICSBUR_G, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: MARJORIE M FIESELER Account Number: ending in 6050 Original Creditor: HSBC BANK/GM Balance Due: $13,807.59 Our File No.: 318763 EXHIBIT "A" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY =11L.E0-JIFF IC Portfolio Recovery Associates, LLC vs. Marjorie M. Fieseler 4?l,"r at clunb"t'ttf? a OFFICE OF THE'SNERIFF 2012 MAR 16 AM 8: 45 C,UMBERLANO L:OUNT`( PENNSYLVANIA Case Number 2012-1184 SHERIFF'S RETURN OF SERVICE 03/09/2012 06:50 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 9, 2012 at 1850 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marjorie M. Fieseler, by making known unto John Fieseler, Son of Defendant at 6460 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania 17040 its contents and at the same time handing to him personally the said true and correct copy of the same. W LAM CLINE, DEP SHERIFF COST: $38.00 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;c; CouniySuite Sheriff. TeleosoR, Inc. n C ? Our File No.: 318763 "L7 ? M ry -0 ? ? rri??--. APOTHAKER & ASSOCIATES, P.C. Z ??- = "Um By: David J. Apothaker --< ? cn a Attorney I.D.# 38423 ? Y 520 Fellowship Road C306 x e> Mount Laurel, NJ 08054 v `•' ;,''' (800) 672-0215 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. MARJORIE M FIESELER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2012-1184-CIVIL Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, MARJORIE M FIESELER, in the default of an Answer, in the amount of $13,807.59 computed as follows: Amount claimed in complaint: $ 13,807.59 Less: Amount Paid: ( 0.00) Plus: Interest from February 21, 2012 to April 17, 2012 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL //J $ 13,807.59 I certify that Defendant, MARJORIE M FIESgLE , last known address is 6460 BRANDY LN MECHANICSBURG, PA 17050. Dated: April IT 2012 David J. Apothaker, Esq. Attorney for Plaintiff 4 I (o. 50 P 10 ATN C# 5'700 a. O a74a.l3 MALL O?(led Our File No.: 318763 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. MARJORIE M FIESELER Defendant NO.: 2012-1184-CIVIL Civil Action 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 penalti of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apotha er, Esq. Attorney for Plaintiff Dated: April 17, 2012 Our File No.: 318763 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. MARJORIE M FIESELER Defendant NO.: 2012-1184-CIVIL 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 6460 BRANDY LN MECHANICSBURG, PA 17050. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-250A, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defens anpowe ata Center has sent back our inquiry indicated that the Defendant(s) is/are not in th ilitary 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. Qepartment of Defense Manpower Data Center Results as of: Apr-17-2012 08:18:00 Status Rep ort Pursuant to th? Sen-i>`e enib 0hfl Relief Act Last Name: FIESELER First Name: MARJORIE Date Of Interest: Apr-17-2012 Act', Duly End Datt; SteWJ Serowe component -? Un Active Duly On Data of Interest _ No NA This response reflects the individual's active duty status based on the Date of Interest. L?:`t Actve D ,ty Wi[hln 367 Days of Dal, n' !ntemst No NA This response reflects whether the individual left active duty status within 367 days preceding the Date of Interest. The Memher n, HIsIHes Unil W- Nr,t,fied _f a Fut,,, Call-iJp L AetfveDuty on Date of Interest 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 date of interest 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. V1 LA "hi - W Y)W? fal . WW A?M_ 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 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 Servicemembers 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 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 date of interest, 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/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the date of interest 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., a SSN, First Name), you can submit your request again at this Web site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Date of Interest (2) Whether the individual left Active Duty status within 367 days preceding the Date of Interest (3) Whether the individual or his/her unit received early notification to report for active duty on the Date of Interest. 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 to 2010 only some of the active duty periods less than 30 consecutive days in length 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 Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the 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 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. 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 actually 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 that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and date of interest provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: null PORTFOLIO IRECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) MARJORIE M FIESELER ) NO. 2012-1184-CIVIL To: MARJORIE M FIESELER 6460 BRANDY LN MECHANICSBURG, PA 17050 Date of Notice: April 02, 2012 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 BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BENJAMIN J. CAVALLARO, 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 #307949 318763 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MARJORIE M FIESELER 6460 BRANDY LN MECHANICSBURG, PA 17050 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff vs. MARJORIE M FIESELER COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2012-1184-CIVIL 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. Apothaker, Esq. at this telephone number: 800-672-0215