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HomeMy WebLinkAbout01-05459ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO.2001-5''~~ CNIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants CIVIL ACTION -LAW 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBERT J. BENDER, Plaintiff vs. DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-~~ CIVIL TERM CIVIL ACTION -LAW COMPLAINT AND NOW, comes Robert J. Bender, by and through his attorneys, Kline Law Office, and respectfully files the following complaint: Plaintiff is Robert J. Bender, an adult individual who resides at 4 Spartan Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant David Nicodem is an adult individual who resides at 1950 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, and at all times relevant to this Complaint served as an employee, agent and representative of Defendant direcTEL, INC. 3. Defendant John T. Nicodem, Jr. is an adult individual whose principal address is 1251 Scranton Carbondale Highway, Dickson City, Lackawanna County, Pennsylvania 18505, and at all times relevant to this Complaint served as an officer of Defendant direcTEL, Inc. 4. Defendant direcTEL, INC. is a Pennsylvania corporation with its registered office located at 830 E. Main Street, Larksville, Luzerne County, Pennsylvania 18651, and which operates a place of business in Cumberland County at One Camp Hill Mall, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011. 4. On August 15, 2001, Defendant David Nicodem, acting in his capacity as an employee, agent, and representative of Defendant direcTEL, INC., with (according to said ~~ Defendant David Nicodem) the assent and approval of Defendant John T. Nicodem, Jr., in his capacity as an officer of said defendant corporation, borrowed from Plaintiff the sum of $3,500.00, with an agreement that the sum of $6,100.00 would be paid by Defendants to Plaintiff on August 28, 2001. A copy of the Note executed by Defendant David Nicodem and a copy of the canceled check made payable to directTEL in the amount of $3,500.00 are attached as Exhibits "A" and "B", respectively, to this Complaint. 5. Despite repeated requests, Defendants have failed to pay Plaintiff the sum due. WHEREFORE, Robert J. Bender, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants in the amount of $6,100.00, plus attorneys fees and costs of suit as this Court deems appropriate. °l Sv~PT Zesz~ 1 DATE Respectfully submitted, Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff e~ ' . '_ ~~ www.gettbebuiton, com C! .~. . :, : ~, AUTHORIZED REPRESENTATIVE >/,s/~ ,~ f ' Lcarv ~- 'l ~t 7 ,7 // fiN, GG ~~~= %*~~sti.~(~~ ('~/lam,/.~ L. - ~ i 4 ~•~ //,/c'CC LC ["/ J > I''Ir S ~H 11[ $~h: (//' G~,i I JQ ter ~2(•Of c~ I~.~~i"'C ~J(~r/~~ i+ 7~-~~ ~ ~~f C{~ / /U7/yL ~ '~ ,G'£ 7G~.E~tJ ~'/ ~s G~~ /,' r ~r~ ///t~ EXHIBIT "A" P.O. Box 3923, Scranton, PA 18505 Toll Free: (800) 784-0167 Fax: (570) 343-9962 EMail: directel@epix.net ASHLEIGH E. BENDER ROBERT J. BENDER 4 SPARTAN CIRCLE PH. 717-730-4516 ( ~C/A~/MP/'HI~LL, DPA 17011 PAY 70 THE ~1 ' `-~W s3_1s914 2734 51 10 250 ',p' DATE - ~~ "~V' $ 3,50~ppu~ _DOLLARS Ltl ~..~.. Comm~pe~rcLe " DOIJA Amertm's Most Convenient Bank° DLLO-- A /-888•YES-0009 _-_ '-~ •. ME~tOI,oG.V~N lx, Y.l~~ d $~21~01 _` _ nv- ~:03i30i646~: 51 210325 011' 2734 ,I'0000350000,~' ;~ y t:: ~~; ~ . ~ :. - . ~ : ~~z ~~~m Tx~ ~ t 4'a.,.. v...i. G 1 ~, l 'f: -- j _ '~= ~ EXHIBIT "B" I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ROBERT J. BENDER '~~ - ~ x ,.~ c _ ~ ~. ~ ~ ~ O e,>, .= . .y - ~ S `a ~ _ ~_,, ~;; _ r ~ u, ~ '~ _~ ~ ~ ~ V ~ , SHERIFF'S RETURN - OUT OF COUNTY ._ „ CASE N0: 2001-05459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENDER ROBERT J VS NICODEM DAVID ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NICODEM JOHN T JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LACKAWANNA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 17th 2001 this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lackawanna Co 30.20 Notary 2.00 57.20 10/17/2001 ROBERT P KLINE So answer ' T omas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ,jU `~' day of ©e'~,~ ,1G+nI An.D. Prothonot~a SHERIFF'S RETURN - REGULAR CASE NO: 2001-05459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENDER ROBERT J VS NICODEM DAVID ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE NICODEM DAVID was served upon the DEFENDANT at 1840:00 HOURS, on the 25th day of September, 2001 at 1950 MARKET STREET CAMP HILL, PA 17011 DAVID NICODEM by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me ~t7fhis 36 ~ day of Ulc.~,.c.,_, a ao ~ A. D . C~a ,,.,ice ~ ~u~OA . ~~ r thonotary ~ So Answers: ~~ R. Thomas Kline 10/17/2001 ROBERT P KLINE By: D puty Sheriff l/t SHERIFF'S RETURN - REGULAR CASE NO: 2001-05459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENDER ROBERT J VS CODEM DAVID ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIRECTEL INC the DEFENDANT at 1840:00 HOURS, on the 25th day of September, 2001 at 1950 MARKET ST CAMP HILL, PA 17011 by handing to DAVID NICODEM, TREASURER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 36 '-" day of ~~,~ ~othonotary'~~~ So Answers: ~.~~~ R. Thomas Kline 10/17/2001 ROBERT P KLINE By: D puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-00484 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA BENDER ROBERT J. VS NICODEM JR. JOHN T. CPL.BRENDA GOOSLEY Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT NICODEM JR. JOHN T. was served upon the DEFENDANT at 0002:15 Hour, on the 5th day of October 2001 at 1251 SCRANTON CARBONDALE HGY. DICKSON CITY, PA by handing to HIM,PERSONALLY AT 200 NORTH WASHINGTON AVE.SCRANTON a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 John Szymanski, Sheriff Service .00 Affidavit .00 Surcharge .00 .00 Deputy eri f .00 00/00/0000 Sworn and Subscribed to before me this day of Now, September 20, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and rislt of the Plaintiff. ~ „ ~~..F~ Sheriff of Cumberland County, PA ~f~idavit ®f Service Now, within upon at by handing to a and made known to 5o answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE AFFIDAVIT County, PA 20 , at o'cloclt M. served the ROBERT J. BENDER, vs. Plaintiff DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-5459 CIVIL TERM : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Please enter judgment of default in favor of Plaintiff, ROBERT J. BENDER, and against Defendants, DAVID NICODEM and direcTEL, INC., for Defendants' failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within twenty (20) days from the date of service thereof. Defendant Dauid Nicodem was served on September 25, 2001. Defendant direcTEL, Inc. was also served on September 25, 2001. Therefore, both Defendants' answers were due to be filed on or before October 15, 2001. Attached as Exhibits "A" and "B" are copies of Plaintiffs written notice of intention to file praecipe for entry of default judgment, which I certify were mailed by regular mail to each of the Defendants at his/its last known address on October 17, 2001, which is at least ten (10) days prior to the filing of this praecipe. Please assess damages in the amount of $6,100.00, plus costs of suit, which is the amount demanded in said Complaint. Respectfully submitted by, ~~'~V Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. N0.2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants CIVIL ACTION -LAW T0: David Nicodem 1950 Market Street Camp Hill, PA 17011 DATE OF NOTICE: October 17, 2001 IMPORTANT NOTICE YOU AP.E IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IP YOU DO NOT HAVE A LAWYEP. OR CANNOT AFFORD-ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~~~_ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff Exhibit "A" CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon David Nicodem, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 17th day of October, 2001, from New Cumberland, Pennsylvania, addressed as follows: David Nicodem 1950 Market Street Camp Hill, PA 17011 ~~ 1 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. N0.2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., CIVIL ACTION -LAW Defendants TO: direcTEL, Inc. and direcTEL, Inc. 830 E. Main Street One Camp Hill Mall Larksville, PA 18651 Camp Hill, PA 17011 DATE OF NOTICE: October 17, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Y~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff Exhibit "B" CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon direcTEL, Inc., Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 17th day of October, 2001, from New Cumberland, Pennsylvania, addressed as follows: direcTEL, Inc. 830 E. Main Street Larksville, PA 18651 AND direcTEL, Inc. One Camp Hill Mall Camp Hill, PA 17011 ~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff W6 $P6rE~ .L'.vtetl§W L....us Wqe„ i. _.. V~ v , ~~ ` ~ ~ i ~,. I i~: .J i "~ rv ~. F Y ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. N0.2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants CIVIL ACTION -LAW TO THE PROTONOTARY: PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Please enter judgment of default in favor of Plaintiff, ROBERT J. BENDER, and against Defendants, JOHN T. NICODEMN, JR., for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within twenty (20) days from the date of service thereof. Defendant John T. Nicodem, Jr. was served on October 5, 2001. Therefore, Defendant's answer was due to be filed on or before October 25, 2001, Attached as Exhibit "A" is a copy of Plaintiffs written notice of intention to file praecipe for entry of default judgment, which I certify was mailed by regular mail to the Defendant at his last known address on November 2, 2001, which is at least ten (10) days prior to the filing of this praecipe. Please assess damages in the amount of $1,700.00, plus costs of suit, which is the amount demanded in said Complaint, with credit given for a partial payment in the amount of $4,400.00 previously made on behalf of Defendant. Respectfully submitted by, 7~ Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants T0: John T. Nicodem, Jr. 200 N. Washington Avenue Scranton, PA 18503 DATE OF NOTICE: November 2, 2001 N0.2001-5459 CIVIL TERM CIVIL ACTION -LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 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. Ctunberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff Exhibit "A" CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon John T. Nicodem, Jr., Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 2nd day of November, 2001, from New Cumberland, Pennsylvania, addressed as follows: John T. Nicodem, Jr. 200 N. Washington Avenue Scranton, PA 18503 ~~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff a ..~ -~v a ,,. ,.: , rcz e. ~ a~n:.v .a . :._ :ca.^ x.yxievs-a#auz~sas~~as•°,~~ .. S CJ C~ [',',7 - ~-~ -L., 7~ ` ~ .. n r ~ ~ [111 ti 'p- l1 6 _ ~" cr E> ~V '_ -i', C ~ ~ ~,~ ) ,~ l ~ i(„i ~ ~ ~ W ~ >>c' c '~' ~~ ~- -z w .~- ~ ~ s F~, ~Q9 ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. N0.2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., Defendants CIVIL ACTION -LAW PRAECIPE TO SATISFY DEFAULT JUDGMENT AND TO SETTLE AND DISCONTINUE ACTION TO THE PROTHONOTARY: Please satisfy the default judgments previously entered against David Nicodem, John T. Nicodem, Jr, and direcTEL, Ina in the above-captioned matter, and satisfy, settle, and discontinue the above-captioned matter. Respectfully submitted by, ~~ Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff ,_ .. lF_3~E aY1s.Y V:t...k+1.,ti ct~Ll...F. _ ... .s_i.. wYnc'13+a n°m....s"" Te ' 4> r ~~ f l. _ , .:, -_ «'~ t., _ C: 'fir- ._-. __ f~ (-~ _ Vw f. ~ :~ f: ~S