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HomeMy WebLinkAbout08-0699M r Our File No.: 144638 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 214520 Philadelphia, PA 19114 Plaintiff, VS. STEVEN R MARTIN 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 0% - (0qQ NOTICE O,i6 l ter M 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 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. 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. STEVEN R MARTIN 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF_ G q 9 C&;cl `7x- , CIVIL 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 STEVEN R MARTIN, an adult individual residing at 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841. 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 $25,934.13. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is j,1ARYLAND NATIONAL BANK, N.A.. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $25,934.13 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER &,KSSOCIATES, P.C. A Law Firm Endap-ed ii Debt CoIWti BY: David J. Apothaker Dated: 1/22/2008 Our File No.: 144638 A. 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'tolunsworn falsification to authorities. J. Apothaker for Plaintiff DATE: 1/22/2008 A. CACH, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 STEVEN R MARTIN 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 STATEMENT OF ACCOUNT Debtor's Name: STEVEN R MARTIN Account Number: 42642979997811511 Original Creditor: MARYLAND NATIONAL BANK, N.A. Balance Due: $25,934.13 Our File No.: 144638 EXHIBIT "A" j 0 oe 0 t' r,.> Q 00 cry W ?> ?_. c-n SHERIFF'S RETURN - REGULAR CASE NO: 2008-00699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS MARTIN STEVEN R NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according',to law, says, the within COMPLAINT & NOTICE MARTIN STEVEN R DEFENDANT , at 1840:00 HOURS, on the at 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 was served upon the 6th day of February'., 2008 by handing to RON HOUSER, BROTHER IN LAW, 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 9.60 Affidavit . 00 Surcharge 10.00 R. Thomas Kline 00 1111/01' . /37.60 02/07/2008 APOTHAKER & ASSOCIATES Sworn and Subsc ibed to By: before me this day Deputy Sheriff of A. D. Our File No.: 144638 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 CACH, LLC. Plaintiff, vs. STEVEN R MARTIN Defendant. TO THE PROTHONOTARY: I Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-699 Civil Action PRAEC1 PE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, STEVEN R MARTIN, in the default of an Answer, in the amount of $27,576.44 computed as follows: Amount claimed in complaint: $ 25,934.13 Less: Amount Paid: ( 0.00) Plus: Interest from January 22, 2008 to August 12, 2009 at the legal interest rate of 6.00% per annum 1,526.21 Attorney fees 0.00 TOTAL $ 27,576.44 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, STEVEN R MARTIN, last known address is 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841. David J. Apothaker APOTHAKER & A SOCIATES, P.C. Atto ys r Plaintiff A Law Firm E ag d in De ollectio? By: Dated: August 12, 2009 Our File No.: 144638 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. Plaintiff, vs. STEVEN R MARTIN Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-699 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 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841. 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 Indant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defen e Mnpower D a Center has sent back our inquiry indicated that the Defendant(s) is/are not in the ra // David J. o'Ihaker Attorney fhr Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. J APOTHAKER&AsSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense. Manpower Data Ceram AUG-12-2009 08:09:07 Mkary Status Report Pursuant to the Servicemembexs Civi Relief Act 1a { Flea Be& Daft Aetivo Dry Stoma ? Sesv*WAgency Nine MARTIN SMIN R Based on the iniormatiau you have fihedI the DNIDC clots notpossess any s?neon irx8cating that the individr? is currently can active arty. Upon sew the infixmatim data banks of the Departzmat ofDeferrse Manpower Data C ter, based on the ini rmation that you provided, the above is the current staffs of the individtW as to all bra hes of the wry. A12U? Yt Mary M. Snavely-Dion, Director Department of Defense - Manpower Data Centex 1600 Wism Blvd., Suite 400 Asst, VA 22:209-2593 The Defense Manpower Data Ceder (DNIDC) is an organization. ofthe Department of Defense that s the Dense Enrollment and E1ig y Reporting Systems (DEERS) die which is the o$rcial source ofdata an efigib y for military ' medical care and ether efigW systems. The Department of Defense strongly supports the enforcement of the Sexcieemembers CssI Re WAct [50 USCS Appx. §§ 50:1 et seq] (SCRA) (fonnerly the Se>1 ' and Salors' Civil ReliefAct of 1940)_ MDC has issued hump of thousands of "does not possess any inormatioeu inilicang that the mdividual is cutra* on active deity" responses, and has apesie nce d a small error crate- In the :mot the . . referenced above, ear' any fly member. fiiend. or repcesenta iw asserts in any na ea- that the kclinitinal is on active duty, or otherwise end to the protections of the SCRA, you are strongly encouraged to obtain fm*er vexi6catim of the persoes active duty status by cog that perscds Nlilitary Services the' insditiLmiT URL provided below- If you have evidence the person is on active-duty and you fa8 to obtain this Service verification, provisions of the SCRA may be i m*ed against you. If you obtain harthe r iuf n about the person ( e,g., an SSN, iniproved accuracy of DOB, a midc1le name), you can svbr t your request again at this Web site and we will provide a new certificate for that query. This response redlects current active duty status only. For listorieal information, please contact the Military Service SCRA posits- of-contact. Sere h uww. efmscbk. ±m. pis!PG49SLDR.I WAR,NNG. This certificate was provided based on a name and Social Security amber (SSN) provided by the requester Providing an erroneous name or SSN will cause an errors certificate to be provided. A"rr lD: E-Erz BAWL 144638 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) STEVEN R MARTIN ) NO. 08-699 ) To: STEVEN R MARTIN 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: April 24, 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 DAVID J. P THAKER, 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 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND tl l n CACH LLC VS MARTIN STEVEN R 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 MARTIN STEVEN R the DEFENDANT , at 1840:00 HOURS, on the 6th day of February., 2008 at 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 by handing to RON HOUSER, BROTHER IN LAW, 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 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 02/07/200€ APOTHAKER & ASSOCIATES By: Deputy Sheriff of A. D. 2?D9 At?? 20 ?? ?' 0 8 :YI'TV 414-00 vx* aaaaI cp }Jake vv?o Po XT-H OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: STEVEN R MARTIN 414 INDEPENDENCE CT MECHANICSBURG, PA 17050-1841 CACH, LLC. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. STEVEN R MARTIN Defendant. ? NO.: 08-699 NOTICE 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 k&A 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 8/0u/o?