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HomeMy WebLinkAbout08-1242 Our File No.: 146282 APCOTHAKER & 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. JOHN S DRAKE 60 QUEEN AVE ENOLA, PA 17025-2339 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Q$ - )A4a; ow. ( (am 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 demands 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. JOHN S DRAKE 60 QUEEN AVE ENOLA, PA 17025-2339 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OP- /z'fz. C,w I eu., 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 JOHN S DRAKE, an adult individual residing at 60 QUEEN AVE ENOLA, PA 17025-2339. 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 $1,455.21. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is CHASE MANHATTAN BANK{ WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,455.21 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for tiff A Law Firm Engage m bt Collection BY: David J. A aker Dated: 2/12/2008 Our File No.: 146282 J VERIFICATION David J. A othaker Es . 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 unswom falsification to authorities. DaA* J. Apothaker 4-ttoiney for Plaintiff DATE: 2/12/2008 - r CACH, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JOHN S DRAKE 60 QUEEN AVE ENOLA, PA 17025-2339 STATEMENT OF ACCOUNT Debtor's Name: JOHN S DRAKE Account Number: 4357876090065669 Original Creditor: CHASE MANHATTAN BANK Balance Due: $1,455.21 Our File No.: 146282 EXHIBIT "A" n ?1 Q '? o "J cn t SHERIFF'S RETURN - REGULAR CASE NO: 2008-01242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS DRAKE JOHN S DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DRAKE JOHN S the DEFENDANT , at 1607:00 HOURS, on the 28th day of February-, 2008 at 60 QUEEN AVE ENOLA, PA 17025-2339 JOHN S DRAKE by handing to 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 14.40 Affidavit .00 ???. , .. 0011, A0 Surcharge 10.00 R .homas Kline .00 '3111 Ice 4 42.40 02/29/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: ` before me this day Deputy Sheriff of A.D. Our File No.: 146282 T AIOTHAKER & 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. JOHN S DRAKE Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1242 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, JOHN S DRAKE, in the default of an Answer, in the amount of $1,551.46 computed as follows: Amount claimed in complaint: $1,455.21 Amount Paid: - $(297.00) Interest from February 12, 2008 to 03/25/09 at the legal interest rate of 6.000 per annum $96.25 Attorney fees $0.00 TOTAL $1,254.46 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, JOHN S DRAKE, last know a APOTHAKER & . Attorneys A Law Firm Enaas Dated: 3/25/2009 By: 60 QUEEN AVE ENOLA, PA 17025-2339. kTES, P.C. David J. Apothaker Our File No.: 146282 APIOTHAKER & 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.: 08-1242 JOHN S DRAKE ) 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 60 QUEEN AVE ENOLA, PA 17025-2339. We inquired with the web site of the Defe Boulevard, Suite 400, Arlington, VA 22209-2593, if Mary M. Snavely-Dixon, Director of the De indicated that the Defendant(s) is/are not in the mili David J. Ap-othaker Attorney for Plaintiff Data Center, located at 1600 Wilson } 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-25-200915:1645 40 Macy Stems Report Pursuant to the Servicemembers Cid Relief Act S Based on the won you have fiumshed, the DMDC does not possess any information lindica Wi g that the individual is currendy on active duty. 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 Mlitary. %vtA L.,.J- All- Mary M. Snavely Dixon, Director Department of Defense - Mower Data Center 1600 Wilson Blvd., Suite 400 Arlington VA 22209-2593 The Defense Manpower Data Center (DMDQ is an orgarniati m of the Dopaatrne nt of Definite that mks the Defense Enrollment and RW?* System (DEERS) database which is the official source of data on eWbitity for military medical care and other eligibky system. The Department ofDefemse strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil ReliefAct of 1940). DMDC has issued hundreds of thousands of'does not possess any information indicate that the yndividwd is currently on active duty` responses, and has experienced a email error rate. In the event the individual referenced above, or any fad member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections ofthe SCRA, you are stroajoy encouraged to obtain faller verification ofthe person's active duty status by contacting that person's M?Jitary Service via the 'defi mselinkrar URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Witary Service verification provisions ofthe SCRA may be invoked against you. If you obtain further information about the person ( e.&, an SSN, improved accuracy ©EDOB, ai middle name), you can submit your request again at this Web site and we wit provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the MiVwy Service SCRA points- of-contact. See: ltty:l/www def+eenselc.millfaalyisMC09SLDP htmrl WARNING This certificate was provided based ou a name and Social Security number (SM provided by the requester.. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. PVortM--X9WFFL 4 U ' SHERIFF'S RETURN - REGULAR LASE NO:2008-01242 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS DRAKE JOHN S DAVID MCKINNEY , Sheriff or Deputy 1 t (? i" MAR 12 2008 is Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DRAKE JOHN S the DEFENDANT , at 1607:00 HOURS, on the 28th day of February , 2008 at 60 QUEEN AVE ENOLA, PA 17025-2339 by handing to JOHN S DRAKE 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 14.40 Affidavit .00 Surcharge 10.00 00 42.40 Sworn and Subscibed to before me this day of So Answers: RThho-mas Kline 02/29/2008 APOTHAKER & ASSOCIATES By. Deputy Sheriff A.D. 146282 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) JOHN S DRAKE ) NO. 08-1242 To: JOHN S DRAKE 60 QUEEN AVE ENOLA, PA 17025-2339 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: June 05, 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 is1 DAVID J. Al 3THAKER, 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 d-C %A- TUC MEMO APR - I Mi Is 02 *1` .oO PD Al" ?,-? t x'1`118 ??? ??o r TO: JOHN S DRAKE 60 QUEEN AVE ENOLA, PA 17025-2339 CACH, LLC. Plaintiff, vs. JOHN S DRAKE Defendant. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1242 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. Esa. at this telephone number: 215-634-8920