HomeMy WebLinkAbout08-0696Our File No.: 145829
APOTHAKER & ASSOCIATES, P.C.
B,Y: David J. Apothaker, Esq.
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
CACH, LLC.
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
GREGG M RIGALI
73 W MAIN ST W
PLAINFIELD, PA 17081
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: -?v l?V? l?eM?l
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
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 notification. 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. Apothaker, Esq.
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
CACH, LLC.
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
GREGG M RIGALI
73 W MAIN ST W
PLAINFIELD, PA 17081
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: Ds- L 46 &v-1
ACTION COMPLAINT
FIRST COUNT
1. Plaintiff, CACH, 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 GREGG M RIGALI, an adult individual residing at 73 W MAIN ST W
PLAINFIELD, PA 17081.
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 $9,503.82.
ti
8. Although demand has been made, Defendant has failed to make payment of the amount due as
above.
9. The original creditor is FLEET BANK.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$9,503.82 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & OCIATES, P.C.
Attorn for plaintiff
A Law Firm En aced in Debt Collectioi
BY:
Dated: 1/22/2008
I
Our File No.: 145829
VERIFICATION
David J. Apothaker, Esq. 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: 1/22/2008
CACH, LLC.
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
GREGG M RIGALI
73 W MAIN ST W
PLAINFIELD, PA 17081
STATEMENT OF ACCOUNT
Debtor's Name: GREGG M RIGALI
Account Number: 4888931998755651
Original Creditor: FLEET BANK
Balance Due: $9,503.82
Our File No.: 145829
EXHIBIT "A"
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00696 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACH LLC
VS
RIGALI GREGG M
TIMOTHY BLACK Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RIGALI GREGG M the
DEFENDANT at 1530:00 HOURS, on the 6th day of February , 2008
at 73 W MAIN ST W
PLAINFIELD, PA 17081 by handing to
ANDREW BRIGGS, ADULT IN CHARGE
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
Service
Affidavit
Surcharge
So Answers:
18.00
5.76
.00
I
10.00 R. Thomas Kline
00
33.*76 02/07/2008
APOTHAKER & ASSOCIATES
Sworn and Subscibed to
before me this
of
By :
day Deputy Sheriff
A. D.
t
Our File No.: 145829
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
TO THE PROTHONOTARY:
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-696
Civil Action
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter judgment against Defendant, GREGG M RIGALI, in the default of an Answer, in the amount of
$10,226.58 computed as follows:
Amount claimed in complaint: $9,503.82
Amount Paid: - $(0.00)
Interest from January 22, 2008 to 03/25/09
at the legal interest rate of 6.000 per annum $610.50
Attorney fees $0.00
TOTAL $10,114.32
1 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, GREGG M RIGALI, last know address is 73 W MAIN ST W PLAINFIELD, PA 17081.
APOTHAKER & S IATES, P.C.
Attorne fo Plaintiff
A Law Firm En g in Debt Collection
CACH, LLC.
Plaintiff,
VS.
GREGG M RIGALI
Defendant.
Dated: 3/25/2009
By:
J. Apothaker
Our File No.: 145 829
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
CACH, LLC. ) COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff, )
vs. )
NO.: 08-696
GREGG M RIGALI )
Civil Action
Defendant. )
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
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 73 W MAIN ST W
PLAINFIELD, PA 17081.
We inquired with the web site of the Def e
Boulevard, Suite 400, Arlington, VA 22209-2593, ' the
Mary M. Snavely-Dixon, Director of the
indicated that the Defendant(s) is/are not in the i
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 Defense Manpower Data Center MAR-25-2009 15:14:11
Upon searching the information data banks ofthe Department of Defense Manpower Data Center, based on the information that
you provided, the above is the current status ofthe individual as to all branches of the gory.
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 (DUDC) is an organization of the Department ofD a that maintains the Defense
Enrolment and E i* Reporting Systems (DEEMS) database which is the official source of data on eligibility for awitaty medical
care and other Agibi1ity systems.
The Department ofDefense strongly supports the enforcement of the Ser+ricemembers Civil Relief Act [50 USCS Appx. §§ 501
et seq] (SCRA) (forme dy the Soldiers' and Sailors' CivilRelief Act of 1940). DMDC has issued hundreds of thousands of'does
not possess spy information indicating that the individual is currently on active duty" responses, and has experienced a small error
rate. In the event the individuat referenced above, or any hill 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 firrther
verification of the person's active duty status by contacting that person's M&wy Service via the 'de£enselinksnd' URL provided
below. If you have evidence the person is on active-duty and you fag to obtain this additional Mkary Service verification,
provisions of the SCRA may be invoked against you
If you obtain further information about the person ( e.g., an SSN, unproved accuracy of DOB, a middle name). you can submit
your request again at this web site and we wil provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Mkary Service SCRA pourts-
of-contact.
See: htta:ffwww.dekmwl nk.mkfichp C09SLI)Khtml
WARNING This certificate was provided based on a name and Social Security number (SSN) provided by the requester:
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Repart!t7_ UJF`SSDP?AY
Wit$ey Status Repast
Pursuant to the Servicemermbers Civil Relief Act
rn
SHERIFF'S RETURN REGULAR
CASE NO: 2008-00696 P
J
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACH LLC
VS
RIGALI GREGG M
FEB 13 2008
TIMOTHY BLACK Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RIGALI GREGG M the
DEFENDANT , at 1530:00 HOURS, on the 6th day of February., 2008
at 73 W MAIN ST W
PLAINFIELD, PA 17081 by handing to
ANDREW BRIGGS, ADULT IN CHARGE
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: So Answers:
Docketing 18.00
Service 5.76
Affidavit .00 Surcharge 10,00 R. Thomas Kline
.00
33.76 02/07/2008
APO'THAKER & ASSOCIATES
Sworn and Subscibed to By:
before me this day ?-Deputy Sheriff
of , A.D.
_ 145829 OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CACH, LLC.
VS.
GREGG M RIGALI
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-696
To: GREGG M RIGALI
73 W MAIN ST W
PLAINFIELD, PA 17081
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
Date of Notice: Apri124, 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
151
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
I&OV
OF
APR ` I PN P- 05
QAABE"A) COUNTY
*14.00 PA An`(
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?- Aaso'7 to
Nofiee Mo:,i*J
r
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TO: GREGG M RIGALI
73 W MAIN ST W
PLAINFIELD, PA 17081
CACH, LLC.
Plaintiff,
vs.
GREGG M RIGALI
Defendant.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-696
}
} Civil Action
}
NOTICE
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, Esq, at this telephone number: 215-634-8920