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Home My WebLink About06-5469APO, HAKtA & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o David J Apothaker, Esquire 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, Vs. DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CL -- NOTICE (21 C' You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action with 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 my 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 ONE. 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APO HAKtA & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o David J Apothaker, Esquire 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o?-- V`c? CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a company with its principal place of business located at c/o David J Apothaker, Esq. 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is DAVID A WILHELM, an adult individual residing at 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $14,688.04 from May 28, 2004. '` r 8. ' ' Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is CONSECO FINANCE. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $14,688.04 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: Apothaker Dated: September 11, 2006 Our File No.: 61915 .' I , 1 VERIFICATION David J. Apothaker, Esc. 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 relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff DATE: September 11, 2006 PORTFOLIO RECOVERY ASSOCIATES, LLC c/o David J Apothaker, Esquire 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 STATEMENT OF ACCOUNT Debtor's Name: DAVID A WILHELM Account Number: 73322851 Original Creditor: CONSECO FINANCE Date of Debt: May 28, 2004 Balance Due: $14,688.04 Our File No.: 61915 EXHIBIT "A" p 4Q. -AD 7-c w a SHERIFF'S RETURN - REGULAR CASE NO: 2006-05469 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS WILHELM DAVID A MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILHELM DAVID A the DEFENDANT , at 2015:00 HOURS, on the 28th day of September, 2006 at 1905 STERRETTS GAP AVENUE CARLISLE, PA 17013 P TTP MT T T.TTT TTTT TR by handing to WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 ? I, Pb ) 4 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By. puty Sheriff A. D. APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) Plaintiff, ) VS. ) DAVID A WILHELM ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-5469 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC and against Defendant, DAVID A WILHELM, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on September 28, 2006 by the CUMBERLAND Sheriff's Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on January 4, 2007, and also attached hereto. Assess damages in the amount of. (a) Balance: $14,688.04 (b) Interest from September 11, 2006 $409.69 TOTAL $15,097.73 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm E a ed in Debt Collection By: Davi . Apothaker Dated: 3/23/2007 Our File No.: 61915 4 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, VS. DAVID A WILHELM Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-5469 Civil Action 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: 215-634-8920 e ? APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. DAVID A WILHELM NO.: 06-5469 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 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061. 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 Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/argnotlin the military. DaMd J. Apothaker Attorney for Plaintiff Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-23-2007 05:51:39 -< Last Name FirstlMiddle Begin Date Active Duty Status Service/Agency WILHELM DAVID A Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. 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 Military. y)t 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further 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 current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/Ris/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/23/2007 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. NO. 06-5469 DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: DAVID A WILHELM DATE OF NOTICE: January 04, 2007 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 (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 161 DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 Our File No.: 61915 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05469 P COMMONWEALTH-OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTF,GLIO RECOVERY ASSOCIATE VS WILHELM DAVID A MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILHELM DAVID A the DEFENDANT , at 2015:00 HOURS, on the 28th day of September, 2006 at 1905 STERRETTS GAP AVENUE CARLISLE, PA 17013 by handing to SUSAN WILHELM WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 1 "" Affidavit .00 (( Surcharge 10.00 R. Thomas Kline .00 32.40 00/00/0000 Sworn and Subscibed to By: before me this day puty S heriff of A. D. 'tq. p _..- }? 2-1 Our File No.: 61915 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D.# 55140 5220 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 06-5469 PETITION TO VACATE DEFAULT JUDGMENT 1. Plaintiff brings this petition to vacate a default judgment entered in its favor on April 05, 2007 2. Default judgment must be vacated pursuant to the Court's Order dated September 14, 2007 attached hereto as Exhibit A and incorporated by reference herein. 3. Defendant will not be prejudiced by the filing of this petition as the judgment was entered in favor of Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Court vacate the default judgment entered in this matter. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff B Kimbe F. Scian, Esquire Dated: April 9, 2009 Our File No.: 61915 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian; Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) VS. ) DAVID A WILHELM ) 1905 STERRETTS GAP AVE ) CARLISLE, PA 17013-1061 ) Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 06-5469 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on April 9, 2009, I mailed a copy of Plaintiff s brief to: APOTHAKER & ASSOCIATES, P.C. Attorneys foglai0-1Ef-- F. Scian, Esquire 3 IN THE UNITED STATES BANKRUPTCY COURT O C T 15 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA U IN RE: CHAPTER 7y _... .._ DAVID ALLEN WILHELM, CASE NO: 1-07-bk-01564-MDF Debtor DAVID ALLEN WILHELM, f? f f' ft ,? Debtor/Movant /7 V. 1 ?110/ PORTFOLIO RECOVERY i9y ASSOCIATES, LLC, Respondent ORDER AND NOW, it appearing that the respondent has failed to answer or otherwise defend as to the Motion to Avoid Judicial Lien filed herein by Movant, and upon this Court's finding that the allegations of said motion are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The judicial lien held by the respondent, Portfolio Recovery Associates, LLC, against Debtor's real property located at 1905 Sterretts Gap Avenue, Carlisle, Cumberland County, Pennsylvania, and entered of record at Docket No. 06-5469 Civil Term at the Cumberland County (PA) Court of Common Pleas, is declared void. 2. The respondent shall forthwith take all steps necessary to release said judicial lien and remove it from. the local judgment index. Date: September 14, 2007 By the Coma, AW g. A1ti p ?i?tl?e ,? This document is electronically signed and filed on the same date. OF THE Pr''"Ht')A.I'TAFY 2009 APR 23 Pil 1: 4 JUN 0 22(109 PORTFOLIO RECOVERY ASSOCIATES, LLC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. DAVID A WILHELM 1905 STERRETTS GAP AVE CARLISLE, PA 17013-1061 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 06-5469 ORDER AND NOW, this day of 2009 it is hereby ORDERED that Plaintiffs Petition to Vacate Default Judgment is GRANTED, and the Default Judgment entered against Defendant on April 05, 2007 is HEREBY vacated. BY THE COURT: J. r? -3 ,fit