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HomeMy WebLinkAbout07-4059Our File No.: 101702 APOTH..AKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PERFORMANCE CAPITAL MANAGEMENT LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. EDWARD R KNISLEY 21 E SHADY LN ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: p7- HoSq Civl ~ lerrr- 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 with twenty (20) days after this complaint and notice aze 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 han demandado a usted en la torte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted riene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hate falta asentar una compazencia escrita o con un abogado v entregaz a la torte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuaz la demanda en contra suya sin previo aviso o notification. Ademas, la Corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisiones 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 O 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 PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff PERFORMANCE CAPITAL MANAGEMENT LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. EDWARD R KNISLEY 21 E SHADY LN ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b~- `f115~ C; ~; I Term CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, PERFORMANCE CAPITAL MANAGEMENT LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is EDWARD R KNISLEY, an adult individual residing at 21 E SHADY LN ENOLA, PA 17025. 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 $2,257.94. 8. , Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is CITIFINANCIAL. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,257.94 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Fina~ed in Debt-Oollectio~ BY: J. Apothaker Dated: 6/27/2007 Our File No.: 101702 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. DATE: 6/27/2007 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2007-04059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PERFORMANCE CAPITAL MGMT LLC VS KNISLEY EDWARD R MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KNISLEY EDWRD R the DEFENDANT at 1615:00 HOURS, on the 11th day of July 2007 at 21 E SHADY LANE ENOLA, PA 17025 DAWN KNISLEY, WIFE a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 00 ~5~15/~-~i ~,,,, 4 So Answers: R. Thomas Kline 07/12/2007 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: ~, ~~ before me this day puty Sheriff ---' of A.D. Our File No.: 101702 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) ft34-8920 'Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 PERFORMANCE CAPITAL MANAGEMENT LLC vs. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-4059 Plaintiff, EDWARD R KNISLEY Defendant. Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, PERFORMANCE CAPITAL MANAGEMENT LLC and against Defendant, EDWARD R KNISLEY, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on July 11, 2007 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 September 11, 2007, and also attached hereto. Assess damages in the amount of: ' (a) Balance: $2,257.94 (b) Interest from June 27, 2007 $44.17 (c) Costs $120.90 TOTAL $2,423.01 APOTHAKER & ASSOCIATES, P.C. Attorneys for ntiff A Law Firm En~a~ed~ebt Collection By: David J. Dated: 10/24/2007 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 PERFORMANCE CAPITAL MANAGEMENT LLC vs. Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-4059 Civil Action EDWARD R KNISLEY Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 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 21 E SHADY LN ENOLA, PA 17025. 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 De inquiry indicated that the Defendant(s) is/are not in Manpower Data Center has sent back our ilitary. ic~J. Apothaker ~rne for Plaintiff Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 OCT-24-2007 12:12:48 *~ bast Name First/Middle Begin Date Active Duty Status Service/Agency KNISLEY EDWARD 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. ~~ ~-~- 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. §§ 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/pis/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 10/24/2007 Our File No.: 101702 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 PERFORMANCE CAPITAL ) MANAGEMENT LLC ) Plaintiff, ) vs. ) EDWARD R KNISLEY ) 21 E SHADY LN ) ENOLA, PA 17025 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.07-4059 NOTICE OF INTENTION TO TAKE DEFAULT TO: EDWARD R KNISLEY DATE OF NOTICE: September 11, 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 S 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 .. ., SHE~TF'F' S RETURN - RECtIL.?~F~ COMMC}ItiIWEA.LTH C3F PENNSYLV~NT.A COUNTY C3F CC3'N~BERT:~' P~RFflRM1~NCE CAPITAL MGMT LI,C ~S 'KN~~LEX ET)WARL'~ R MEGAN P+~1~LC)Y~ Sheri f ~ car Deputy Sheriff of Cumberland C~unty,Pennsylvania, who being duly aworra according tea l~s°~ says, the within C©MPLAINT & NnTSC~ wa:~ served upon KN7SL~Y EDWRI? R the DEFENnANT at 1615 : t~ 0 HC?URS , ran the 11th day of JuIY 2 fl C~ ", t ~ 1 E SHAY ~,ANE ENt'~L,A, PA 1?Q25 by handing to I3AWN KNISLEY, WIFE t~~e end attested ~~~~ ~ co~pLA~r~T ~ ~c~T:~cE together with and at the sage time ci~.recta.ng Her attentiran to the contents. thereof . Sheriff's Goats: I~c~cketing Service A~ f ida~rt Surcharge 18 . t?t3 14.4t7 .oa 1Q.~J0. . 6 €3 42.,x{} So Ane~xers : ,,~~' R . Thor`n`s Itl ins ._~ Sworn and.. Subscibed to before rna th~.s day .APC}THAKER & ASS~3CIATES putt Sh riff $,~ A.~. -6a, C"S rr•.y .,,E ~' ~ ~... ..~ -~-~, ~ ~ w O °~- i ' '~,- -r ~~ ~ .~ -„ ~ ~ ~° ~ ~" t ,~_ V1 00 p r --~ .c --~ ~ ~ D J~ ~,,~ ~ - ~, ~: ~~ /.,~~~- :yam 5~/N OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: EDWARD R KNISLEY 21 E SHADY LN ENOLA, PA 17025 PERFORMANCE CAPITAL MANAGEMENT LLC Plaintiff, vs. EDWARD R KNISLEY Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-4059 Civil Action NOTICE 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 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esg, at this telephone number: 215-634-8920