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Home My WebLink About07-5840STOCK & CRIMES, LLP By; FRANCIS X. GRIMES, ESQUIRE I,D.# 62404 804 ;hest Avenue. Jenkintown, PA 19046 (215) 576-1900 MRC RECEIVABLES CORPORATION c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 VS. JOHN BROWNAWELL 19 Cherokee Drive Shippensburg, PA 17257 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 67-5Sy00ivi l (er(A CIVIL ACTION "NOTICE" "You have been sued in court. If you wish to'defend against the claims set forth in the fol- lowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appdarance person- alty 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 "AVISO" "Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas ex- puestas en las paginas siguientes, usted.tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita su.s defensas o 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 notificaci6n. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted." HAVE A LAWYER OR CANNOT AFFORD ONE, "LLEVE ESTA DEMANDA A UN ABO- GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. SI NO TIENE ABO FORTH BELOW TO FIND OUT WHERE YOU GADO 0 SI NOTIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA 0 LLAME POR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO 419A AVERIGUAR DONDE SE PUEDE CONSE 11R ASISTENCI:? LEGAL. LAWYER REFERtNCE SERVICES Court Administrator -- Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 t, (717) 240-6200 STOCK & GRIMES, LLP BY: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 MRC RECEIVABLES CORPORATION c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff vs. JOHN BROWNAWELL 19 Cherokee Drive Shippensburg, PA 17257 Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 01- J P /o CIVIL ACTION COMPLAINT COUNT I 1. Plaintiff, MRC Receivbales Corporation, is a corporation which has retained the services of Stock & Grimes, LLP located at 804 West Avenue, Jenkintown, PA 19046. 2. The Defendant, John Brownawell, is an adult individual residing at the address contained in the above caption. 3. On sundry and various occasions, Defendant(s), pursuant to an extension of credit to Defendant(s) under account number (#5488-9750-1762-4795 ("account")), used the extension of credit for purchases and/or other forms of credit. 4. The extension of credit, as designated above, to Defendant(s) was made in reliance upon Defendant(s) representation for repayment of the outstanding balance on the account. 5. The present outstanding balance which is due on the account, including accrued interest since the date of last payment, is $2,354.08 and, although repeated requests and demands have been made upon the Defendant(s) to satisfy same, the Defendant(s) is/are in breach of the agreement to repay the account balance, and still refuse to pay same. 6. As a further result of Defendant(s) breach of the agreement for repayment of the account balance, Plaintiff is entitled to reasonable attorney collection fees. 7. Plaintiff's investigation has determined that the Defendant(s) is not in the military service. 8. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, MRC Receivables Corporation, demands Judgment against the Defendant(s), John Brownawell, in the sum amount of $2,942.60, (principal sum of $2,354.08 and attorneys fees of $588.52) with interest and costs. COUNT II 9. Plaintiff incorporates by reference paragraphs 1 through 8 as though detailed at length herein. 10. Defendant(s), by his/her use of the extension of credit, received the benefit of the extension of credit given on the above referenced account and has failed to make payment for the receipt of said benefit. 11. As a direct result of the receipt of the benefit of the extension of credit given on the above referenced account, Defendant(s) have been unjustly enriched in the amount of $2,354.08, to Plaintiff's detriment. WHEREFORE, Plaintiff, MRC Receivables Corporation, demands Judgment against the Defendant(s), John Brownawell, in the sum of $2,354.08, with interest and costs. 6" q - ? DATE : 111 D FFfANCIS X. GS, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, FRANCIS X GRIMES, ESQUIRE, hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this Verification on behalf of the said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon information provided to him by the Plaintiff. A Verification signed by the Plaintiff will be provided to Defendant or counsel for Defendant upon request. The undersigned understands that false statements herein are made subject to the penalties of 18 P.A.C.S..A. § 4904, relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I ).of 2 A SEP-27-2007 09:48:54 Last Name First/Middle Begin Date TActive Duty Status Service/Agency BROWNAWELL JOHN 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. pq. 01,014*4 A?? 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 SCP.A 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/Tis/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 9/27/2007 70 7-7 c C ,Yy? , -: F NI? :I7 O SHERIFF'S RETURN - REGULAR CASE NO: 2007-05840 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MRC RECEIVABLES CORPORATION Vs BROWNAWELL JOHN KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DDnT.77JTWL'T.T. .TnWNT the DEFENDANT , at 1720:00 HOURS, on the 11th day of October , 2007 at 19 CHEROKEE DRIVE SHIPPENSBURG, PA 17257 by handing to LEE LYNN ADULT IN CHARGE 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 Service Affidavit Surcharge (?- /o.lb, So Answers : 18.00 18.24 .00 10.00 R. Thomas Kline .00 46.24 10/12/2007 STOCK & GRIMES Sworn and Subscibed to before me this of By: day e uty S i f f A. D. c ...X STOCK & GRIMES, LLP Attorney for Plaintiff BY: FRANCIS X. GRIMES, ESQUIRE I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 MRC RECEIVABLES CORPORATION c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 07-5840 Civil Term vs. JOHN BROWNAWELL 19 Cherokee Drive Shippensburg, PA 17257 Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Judgment by Default in favor of the Plaintiff, MRC Receivables Corporation, and against the Defendant(s), John Brownawell, for failure ;:o Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $2,942.60 in accordance with t prayer of the Complaint. DATE : (i Z.C A b _JL A - I AFFIDAVIT OF NON MILITARY SERVICE Francis X. Grimes, Esquire, being duly sworn according to law, deposes and says: (a) That the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, John Brownawell, is an adult individual and resides at 19 Cherokee Drive, Shippensburg, PA 17257. (c) That Defendant, , is an adult individual and resides at Affiant has ascertained the foregoing information by personal investigation and makes this Affidavit in due authority; and he understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unswom falsification to authorities. 6- . MRC RECEIVABLES CORPORATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY CIVIL ACTION-LAW VS. JOHN BROWNAWELL NO. 07-5840 Civil Term Defendant(s) CERTIFICATION UNDER PA. R.C.P. 237.1 FRANCIS X. GRIMES, ESQUIRE, Attorney for Plaintiff, MRC Receivables Corporation, certifies that he sent a copy of the attached Notice on November 5, 2007 by regular mail, to the Defendant(s) at the address at which the Defendant(s) was/were served with a copy of the Complaint by the Office of the Sheriff indicated by the court records. DATE: v? RANCIS X. ttorney f 'LFS, ESQU aintiff ? __ r MRC RECEIVABLES CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff NO. 07 5840 Civil Term vs. JOHN BROWNAWELL Defendant(s) TO: John Brownawell 19 Cherokee Drive Shippensburg, PA 17257 Date: November 5, 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, 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. LAWYER REFERENCE SERVICES COURT ADMINISTRATOR - CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 FRANCIS X. GRIMES, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Q Q r. cr% ' _ a