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HomeMy WebLinkAbout08-0685Our File No.: 136444 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. CHRIS BROCKMAN 925 SPRING CIR MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. pg - (085 NOTICE CM1 arm 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed 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 han 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 continuer 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. 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. CHRIS BROCKMAN 925 SPRING CIR MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. } 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 CHRIS BROCKMAN, an adult individual residing at 925 SPRING CIR MECHANICSBURG, PA 17055. 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 Plaintiff s 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 $4,797.49. 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 $4,797.49 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney f P ' tiff A Law Firm Enga d i Debt Cgllection BY: David J Dated: 1 /21 /2008 Our File No.: 136444 VERIFICATION 111o'k "G/ , hereby states that I am 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 unswom falsification to authorities. F A 4? DATE: CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 CHRIS BROCKMAN 925 SPRING CIR MECHANICSBURG, PA 17055 STATEMENT OF ACCOUNT Debtor's Name: CHRIS BROCKMAN Account Number: 5291152044119713 Balance Due: $4,797.49 Our File No.: 136444 EXHIBIT "A" O A'' !h ? a su a r- C< ^.? p i CS cn r? c_ r s' cj ? m te :? - = V - a O SHERIFF'S RETURN - REGULAR CASE NO: 2008-00685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS BROCKMAN CHRIS NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROCKMAN CHRIS the DEFENDANT , at 1810:00 HOURS, on the 27th day of February-, 2008 at 1241 HUNTERS RIDGE DRIVE MECHANICSBURG, PA 17055-4055 by handing to TAMMY BAUGHMAN, GIRLFRIEND, 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 24.96 Affidavit .00 Surcharge 10.00 00 311,109 C),, 5 Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 02/28/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff of A. D. w Our File No.: 136444 APOTHAKER &ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 CAPITAL ONE BANK Plaintiff, vs. CHRIS BROCKMAN Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-685 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, CHRIS BROCKMAN, in the default of an Answer, in the amount of $5,014.63 computed as follows: Amount claimed in complaint: $4,797.49 Amount Paid: - $(0.00) Interest from January 21, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $217.14 Costs $0.00 Attorney fees $0.00 TOTAL $5,014.63 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, CHRIS BROCKMAN, last know address is 925 SPRING CIR MECHANICSBURG, PA 17055. Dated: 5/14/2009 APOTHAKE & SSOCIATES, P.C. Atto ey for Plaintiff A Law Firm Ungifted in Debt Collection David J. Apothaker By: A s OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: CHRIS BROCKMAN 925 SPRING CIR MECHANICSBURG, PA 17055 CAPITAL ONE BANK Plaintiff, vs. CHRIS BROCKMAN Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-685 Civil Action 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, Esc, at this telephone number: 215-634-8920 Sl2o%9 s Our File No.: 136444 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO.: 08-685 CHRIS BROCKMAN Defendant. Civil Action 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 925 SPRING CIR MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if the Mary M. Snavely-Dixon, Director of the Defense indicated that the Defendant(s) is/are not in the military. David J. Apothaker Attorney for Plaintiff r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Data Center has sent back our inquiry The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Department of Tie ose Manpower Data Center h±lil wy Status Rqx)tt Pui sneaat too dre Se vi n Cis3 ReWAct 0,41V Mary M. Sawdy-Mar. Direr Department of Dense - Manpower Data Center 1600 Wbon Blvd.! Sprite 400 Arlingtow, VA 23209-2593 MAY--14_2M 08:3tr28 The Ddem Manpower Data Center Mme) is an oqpombm of the Department of Defew a do msiirtaiins the Demme Rer of kwait and HOW Repodwg System OXERS) database which a the official source of data on dwW for military medical care anclother od* y systems. the Dapastment ofDdewe strao* swpau the anforcenumt4die Servic ern Civi Rnl e£Act [30 USCS Appac. §§ 301 et seq] (S+CRA4) {fi? the Soldiers' and Sailors! Cat Refief'A1ct 41940) DMDC bw issaed hundreds oftawmds of -does not possess may i dorme indicating that the ierd'r Aoal car re* on active dam" responses, and has eked. a sma8 err of rate. In the event the iodividoal referenced above, c€ any fi niily member. i`riand„ at representative asses in any roamer that the individual is an active daty. or is otirerw se end led to the proteckim of dre CRA,, you are skm* encouraged to cbtainfordwr vexaeation of the person's active duty by castactiug that persods Mary Service via tlrc'de 'crrsdinic m " DRL provided below. Myou have evidence the person on actives-duty and you fail to obtain dis additional M&MY Service veraicadoo, provisions ofthe SC RA may be invoiced against you.. Myon obtain fm*ff kfiwnndm about the person ( e.&. an SSN, improved accuracy of DDB, a middle wore), you can submit your nxpest air at this Web site and we vA provide a new + ate At that query. Iles, response: reflects current active duty stag curly. For historical please contact the Miritary Service SCRA paid s- of-co tact.. See: httn?'fwwvv. SLDR W WARNNQ Ills certificatic was provided based on a name and fiaaal Seem* n wAw (SSN) provided by the reqaester. PIroviding an enroneous, ire or SSN wR cause an error certificate to be provided. Upon scardiQg the mAxnataon data banks of the Department of Deter Manpawer Date. Center, based an the iofocmabion dw you provided, the above is The ca rent status of the individual as tD at branches of the Mary. 136444 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) CHRIS BROCKMAN ) NO. 08-685 To: CHRIS BROCKMAN 925 SPRING CIR MECHANICSBURG, PA 17055 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: June 04, 2008 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 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 DXV1b J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC 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 SHERIFF'S RETURN - REGULAR CASE ,NO: 2008-00685 P ..,' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS BROCKMAN CHRIS NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROCKMAN CHRIS the DEFENDANT at 1810:.00 H©URS,,on the 27th day of February., 2008 at 1241 HUNTERS RIDGE DRIVE MECHANICSBURG, PA 17055-4055 by handing to TAMMY BAUGHMAN, GIRLFRIEND, 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 18.00 24.96 .00 10.00 .00 Sworn and Subscibed to before me this of 52.96 day So Answers: R. Thomas Kline 02/28/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff A.D. FMR?R o 7 zaas FILE[}-. ' IC": 2009 NAY 20 AN 110: !; 9 a, Y I-_ Cl??' l3Y8tz.. LZL