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Home My WebLink About08-0108Our File No.: 134888 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 CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. BRANDON MINNICH 14 W SIMPSON ST MECHANICSBURG, PA 17055-6324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 - 108 NOTICE C IV-, I -Ferro 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 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 provisioner 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 PARA 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. Apotha? er, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. BRANDON MINNICH 14 W SIMPSON ST MECHANICSBURG, PA 17055-6324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: of- 16y of n. -r4j11 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK, 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 BRANDON MINNICH, an adult individual residing at 14 W SIMPSON ST MECHANICSBURG, PA 17055-6324. 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 $2,608.64. 8. Although demand has been made, Defendant 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 $2,608.64 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f laintiff A Law Firm Eng d ' Debt Co lectioi BY: David J. Dated: 12/21/2007 Our File No.: 134888 VERIFICATION rn.l - , hereby states that I am LIM/ 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 unworn falsification to authorities. DATE: CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 BRANDON MINNICH 14 W SIMPSON ST MECHANICSBURG, PA 17055-6324 STATEMENT OF ACCOUNT Debtor's Name: BRANDON MINNICH Account Number: 4862362285865963 Balance Due: $2,608.64 Our File No.: 134888 EXHIBIT "A" Q e- + ? VV co JJ OA /V` v, ? t =} Y ? 3 "? -< C1', Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 CAPITAL ONE BANK c/o Apothaker & Associates, P.C. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON MINICH Defendant CIVIL ACTION - IN LAW NO. 08-108 PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for the Defendant in the above captioned matter. Date: January 24, 2008 '6;?& - 4"t ` DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant r. ?"s ._f ?,, - - = .. ? = . . CAPITAL ONE BANK c/o Apothaker & Associates, P.C. Plaintiff V. BRANDON N41MCH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-108 NOTICE TO PLEAD To: Capital One Bank, through its attorney, David J. Apothaker, APOTHAKER & ASSOCIATES, P.C., 2417 Welsh Road, Suite 21, #520, Philadelphia, Pennsylvania, 19114. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Date: January 24, 2008 Very respectfully, Z6?7 , Fe DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 CAPITAL ONE BANK c/o Apothaker & Associates, P.C. Plaintiff : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. BRANDON MINICH Defendant : CIVIL ACTION - IN LAW : NO. 08-108 DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, January 24, 2008, Defendant, by its attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiff's Complaint and avers as follows: ANSWER FIRST COUNT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Admitted. 3. Denied. Exhibit "A" to Plaintiffs Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims in this averment. 4. Denied. Exhibit "A" to Plaintiff's Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims. By way of further answer, Defendant specifically denies owing Plaintiff the amount shown on Exhibit "A" of Plaintiff's Complaint. 5. Denied. Plaintiffs averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Defendant avers that Exhibit "A" to Plaintiff's Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims. By way of further answer, Defendant specifically denies having agreed to pay Plaintiff the amount shown in Exhibit "A" to Plaintiff's Complaint. 6. Denied. No credits are set forth in Exhibit "A" to Plaintiff's Complaint. 7. Denied. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff. 8. Denied. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. NEW MATTER 9. Plaintiff s Complaint fails to state a cause of action, upon which relief may be granted. 10. Plaintiff's cause of action is barred by the applicable statute of limitations. 2 WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: Jaunary 24, 2008 4?-' Douglas C. Lovelace, Jr., Esq. Attorney and Counselor at Law 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant ¦ CAPITAL ONE BANK c/o Apothaker & Associates, P.C. Plaintiff V. BRANDON MINICH Defendant : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-108 VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities, that the facts and circumstances set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information, and belief. Date: January 24, 2008 rando conic Def t CAPITAL ONE BANK c/o Apothaker & Associates, P.C. Plaintiff V. BRANDON MINICH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-108 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on January 24, 2008, I served a true and correct copy of the foregoing answer with new matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: David J. Apothaker APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21, #520 Philadelphia, Pennsylvania, 19114 Attorney for Plaintiff rev -??- Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 ?? ?? - ? T :_, , c_ -? -? r :? ?._ - . SHERIFF'S RETURN - REGULAR CASE NO: 2008-00108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MINNICH BRANDON MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MINNICH BRANDON was served upon the DEFENDANT , at 1605:00 HOURS, on the 11th day of January , 2008 at 14 W SIMPSON STREET MECHANICSBURG, PA 17055 CASEY GRAMM, GIRLFRIEND by handing to 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 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/14/2008 APOTHAKER & ASSOCIATES By. Depu Sheriff of A. D. Our file No.: 134888 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 215-634-8920 Attorneys for Plaintiff CAPITAL ONE BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. BRANDON MINNICH Defendant. DOCKET NO.: 08-108 Civil Action ANSWER TO NEW MATTER Plaintiff, CAPITAL ONE BANK, by and through their attorney, answers the following New Matter: 9. Denied. Plaintiff's complaint brings a valid cause of action against the defendant. 10. Denied. Plaintiff's claim is not barred by the applicable statute of limitations. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Enured in Debt Collection . Scian, Esquire DATED: February 11, 2008 VERIFICATION Kimberly F. Scian, Esquire 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 Answer to New Matter 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 unworn falsification to authorities. DATE: 2/11/2008 Our file No.: 134888 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK vs. Plaintiff, BRANDON MINNICH Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-108 CERTIFICATION OF SERVICE I, David J. Apothaker, Esq., attorney for Plaintiff, certify that on 2/11/2008, 1 mailed a copy of the Answer to New Matter by Regular mail to DOUGLAS C. LOVELACE, JR., ESQUIRE 36 DONEGAL DRIVE CARLISLE, PA 17013 Date: 2/11/2008 Our file No.: 134888 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 215-634-8920 Attorneys for Plaintiff CAPITAL ONE BANK Plaintiff, VS. BRANDON MINNICH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 08-108 Civil Action } ANSWER TO NEW MATTER Plaintiff, CAPITAL ONE BANK, by and through their attorney, answers the following New Matter: 9. Denied. Plaintiff's complaint brings a valid cause of action against the defendant. 10. Denied. Plaintiff's claim is not barred by the applicable statute of limitations. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Eng?ged in Debt Collection it iiberly Y. Scian, Esquire DATED: February 11, 2008 VERIFICATION Kimberly F. Scian, Esquire 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 Answer to New Matter 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 unworn falsification to authorities. DATE: 2/11/2008 rs '? Our file No.: 134888 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK VS. Plaintiff, BRANDON MINNICH Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-108 CERTIFICATION OF SERVICE I, David J. Apothaker, Esq., attorney for Plaintiff, certify that on 2/11/2008, I mailed a copy of the Answer to New Matter by Regular mail to DOUGLAS C. LOVELACE, JR., ESQUIRE 36 DONEGAL DRIVE CARLISLE, PA 17013 Date: 2/11/2008 r?.7 - T-1 'w V X 1 {' Yj Our File No.: 134888 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK Plaintiff, VS. BRANDON MINNICH Defendant. I)F OalT 101011AR -4 P112.36 E? ? 4U i NaYLVA,NtA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-108 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & AS Attorneys A Law Firm Ena edi By: TES, P.C. Debt Collection David J. Apothaker, Esquire Dated: 2/23/2010