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Home My WebLink About12-2607Our File No.: 313766 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. KENNETH LAWYER 1413 ENGLISH DR MECHANICSBURG, PA 17055 Defendant. GJ l; t'i u`? f U. L EFL',, .'LVA1° I COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 19- 9UD7 ClUi 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 Q?,}s?o3.?sp? ?y g? a?u3?g Our File No.: 313766 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. KENNETH LAWYER Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, KENNETH LAWYER, in the default of an Answer, in the amount of $15,252.11 computed as follows: Amount claimed in complaint: $ 15,252.11 Less: Amount Paid: ( 0.00) Plus: Interest from April 19, 2012 to June 11, 2012 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL I certify that Defendant, KENNETH LAWYER, DR MECHANICSBURG, PA 17055. Dated: June 11, 2012 C V•. 12 ' '. 22 'ERLA04D COUNT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 12-2607-CIVIL David J. Apothake`r, Esq. Attorney for Plaintiff 15,252.11 'is 1413 ENGLISH aM?`???.sol?l ail Iota. hlo?ct ??/e?J OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KENNETH LAWYER 1413 ENGLISH DR MECHANICSBURG, PA 17055 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff VS. KENNETH LAWYER Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 12-2607-CIVIL Civil Action 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: 800172-d?V h?aal?a t Our File No.: 313766 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. KENNETH LAWYER Defendant NO.: 12-2607-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 pen ies of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Dated: June 11, 2012 , Our File No.: 313766 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. KENNETH LAWYER Defendant 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 1413 ENGLISH DR MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the D fen e Manpow Data Center has sent back our inquiry indicated that the Defendant(s) is/are no in a milit.? David J. Apothaker, Esq. Attorney for Plaintiff NO.: 12-2607-CIVIL 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. Department of Defense Manpower Data Center Status RepW Fit to S=vk Civil Relief Act Last Name: LAWYER First Name: KENNETH Active Duty Status As Of: Jun-11-2012 Results as of : Jun-11-2012 08:29:02 SCRA 2.2.1 Active Duty Start Date Active Duty End Date Status Service cc-poner" On Active Duty On Active Duty Status Cate. NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty St" Date Active Duty Start Date Active Duty End Date status Service Compotent 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 HisMer Unit Was Notified of a Future Call-Up to Acbve Duty on Ac tim Duty status Date Order Notification Start Date Order No0cation End Date Ststua 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 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 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 "defenselink.mil" URL: http://www.defenselink.miVfaq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the 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 following information: (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 notification 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 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 (NOAH 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 active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: L8UKQQBALO PORTFOLIO RECOVERY ASSOCIATES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) KENNETH LAWYER ) NO. 12-2607-CIVIL To: KENNETH LAWYER 1413 ENGLISH DR MECHANICSBURG, PA 17055 Date of Notice: May 29, 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 DAVID J. APOTHAKER, 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 313766 Our File No.: 313766 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. KENNETH LAWYER 1413 ENGLISH DR MECHANICSBURG, PA 17055 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 KENNETH LAWYER, an adult individual residing at 1413 ENGLISH DR MECHANICSBURG, PA 17055. 3. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is the Assignee and Successor in Interest of Account # ending in 5173; and said account was issued to Defendant(s) by GE MONEY BANK/SAM'S CLUB, 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 $15,252.11. 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 $15,252.11 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & SS CIAT , P.C. Attorney or lain ti A Law Firm Enaae i De t Collection BY: David J. Apothaker, Esquire Dated: 4/19/2012 Our File No.: 313766 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn 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. APOTHAKER 94ATOCIATES, P.C. Attorne fo Plaintif - A Law Firm En2a e in DeV Collection BY: David J. ApotM&er, Esquire Attorney for Plaintiff DATE: 4/19/2012 • $o.oo CG/2312009 $0.00 -173 New address or email? Print changes on the back. Fill in amount completely $ ? ? ? 71 - nn KENNETH LAWYER 201 W 2ND ST DFFAFAFFAFDTTTDTAFDTFAFAFAFFDFPTDADFCFAFDAAFADATTAFTATDAFAAFDTDAT HUMMELSTOWN PA 17036-1433 Make Payment TaSAbfSCLUB DISCOVER TTFDDDFFADAFFADDTA.ADTFDDADTTTFFATFATFDFFFATFATFDAAD P.O. BOX 960073 8ES44G-0013 0 Detach and mail this portion with your check to SAMSCLUB DISCOVER Please use blue or b1d& ink. Prepared For: KENNETH L LAWYER Online At w}nv.samseltixiiscover.com Member Service: 1-866-220-0254 Account Number -173 Previous Balance $15.252.11 - Payments&Crectits $15,252.11 Paynent Due Date 06/2312009 + PurchaseslBalance Tmnsfers/Fees/Debits $0,00 Amount Past Due $0.00 j + Cash AdvanoelQuick Cash $0,00 Minirnrm Payment This Period 50.00 +/- Net FINANCE CHARGFJ Transaction Fees $0,00 Total Minimum Payment SO.00 - New Balance $0.00 Statement Billing Date. 06/1912009 . Total Credit Limit $12,500 Days In Billing Period 28 Available Credit Limit NONE Cash Advance/Quick Cash Limit $2,500 Available Cash Limit NONE Previous Reward Balance S(). W See howquiddy your cash can add upt (+) Rewards Earned $0.00 = Cash Reward Balance V00 You can earn cash back on every purchase - regardless of %here you use it. $ ran Retereuce Number a, ate ale Description Amount 06/19 06/19 F6212005AC0999990 CHARGE OFF ACCOUNT-PRINCIPALS $I3,022.24CR 06/19 06/19 F6212005.AC0499990 CHARGE OFF ACCOUNT "FINANCE CHARGES- $2,229.87CR THE PERIODIC RATE SHOWN ON THIS STATEMENT MAY VARY. ... ... :. Cone spo"cul A'erspe Daily ANNUAL FINANC ECHARGE Expiration Daily Periodic PERCENTAGE Due to Daly Transaction Dote Balance Rate RATE Periodic Rafe Fees Regular Purchases and f-ash D+er NA $0.00 .06846« 24.999 S0A0 $0.00 Cash Advances NA $0.00 .06846% 24.999 SOHO $0.00 Quids Cash NA 50.00 0.005E 0.009 SO.00 50.00 ANNUAL PERCENTAGE RATIpuchases _ ...... .................. . .... 24.99& ANNUAL. PERCENTAGE RATknsh advan ces _.. _ .............-. ... 24.999 Total FINANCE CHARGE $0.00 Minimum payment die incl¢tes SO.W past die. Please pay minimum pay meat amount PROMPTLY. PAYMENT DUE BY 5 P.IvL (ET) ON THE DUE DATE. We may convert your payment to an electronic debit See reverse- side for derails. NOTICE: See reverse side for Billing Rights and other important information. This St aiemeut is a Facsimile - Not an Original 67(,9 00(0 S7C 1 . 2? 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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. KENNETH LAWYER Defendant. ?fi" T 14E PRO HMTAFt T 2012 JUL -2 PM 4: 00 CSYLVATY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-2607-CIVIL PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Please vacate the Judgment against the Defendant. APOTHAKER & ASSOCIATES, P.C. .Attorneys for Plaintiff A Law Firm Enaa2e it Debt Collection By: David J. Apcer, Esq. Qo Q, q,sopd Q?j Ci??4 lon 39