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Home My WebLink About09-1643, . r, Our File No.: 197835 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ALLGATE FINANCIAL, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: oq - 1 toy 3 LiiV l Tirr' PAUL R NALE 1037 TEAKWOOD LN ENOLA, PA 17025 Defendant. 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. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 197835 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attoine s for Plaintiff ALLGATE FINANCIAL, LLC c/o A.pothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. PAUL R NALE 1037 TEAKWOOD LN ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ALLGATE FINANCIAL, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are PAUL R NALE, an adult individual residing at 1037 TEAKWOOD LN ENOLA, PA 17025. 3. Plaintiff, ALLGATE FINANCIAL, LLC, is the Assignee and Successor in Interest of Account #2009080395852; and said account was issued to Defendant(s) by CM FINANCIAL, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $3,549.68. A true and correct copy of the tobil due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) 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 $3,549.68 and requests this Court award Plaintiff attorney's fees qpd)costs to the extent permitted by applicable law. APOTHAKER & S IATES, P.C. Attorney or aintiff A Law Firm Enga ed ' Debt Collection BY: David J. Apoth er Esquire Dated: 3/9/2009 Our File No.: 197835 f VERIFICATION David J. Avothaker, 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 Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to David J. k6r, Esquire Plaintiff DATE: 3/9/2009 ALLGATE FINANCIAL, LLC PAUL R NALE 1037 TEAKWOOD LN ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: PAUL R NALE Account Number: 2009080395852 Original Creditor: CITI FINANCIAL Balance Due: $3,549.68 Our File No.: 197835 EXI.ITBIT "A" 44- *? o0 - ?5 I aj Sheriffs Office of Cumberland County odumbrp?4 Edward L Schorpp R Thomas Kline Sheri lySolicitor V V( Ronny R Anderson ...... Jody S Smith Chief Deputy CFFIOE Or THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/18/2009 06:27 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2009 at 1827 hours, he served a true copy of the within Complaint and Notice, upomthe within named defendant, to wit: Paul Nale by making known unto Paul Nale personally, at 1037 Teakwood Lane, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.60 (PAID) March 19, 2009 Docket No. 2009-1643 Allgate Financial v Paul R. Nale SO ANSWERS, R THOMAS KLINE, SHERIFF De y Sheri r? ?,, ?` ? =? -?? -, r. -? rv ; .. -? ,?, .. °? ? ' ??' ? ?-? ? ? 1Q, i?-a APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (215) 634-8920 Attorneys for Plaintiff ALLGATE FINANCIAL, LLC COURT OF COMMONS PLEAS CUMBERLAND COUNTY Plaintiff, VS. PAUL R NALE Defendant. DOCKET NO.: 09-1643 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on this March 30, 2009, STIPULATED by and between Plaintiff, ALLGATE FINANCIAL, LLC, and Defendant, PAUL R NALE, parties, as follows: 1. Defendant agrees to pay the sum of $3,679.81, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, PAUL R NALE, to the attorneys for Plaintiff in the following manner: a. $200.00 is due on or before the 15`h day of each month, beginning April 15, 2009, at the address below listed, until paid in full. b. All checks are to made payable to ALLGATE FINANCIAL, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant, PAUL R NALE fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, PAUL R NALE's default. The name and address of Defendant's attorney(s) to which the notice will be sent is: JONATHAN W. CRISP, ESQUIRE 3601 VARTAN WAY HARRISBURG, PA 17110 t ?1 4. Plaintiff, APOTHAKER & ASSOCIATES, P.C. hereby agrees to waive any potential or existing conflict of interest that may exist from Attorney Crisp's previous representation of APOTHAKER & ASSOCIATES, P.C., in other, unrelated debt collection proceedings against parties not a party to or associated with in any way, the above captioned case. 5. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, PAUL R NALE, ex parte, in the sum of $3,579.81, giving Defendant, PAUL R NALE credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Plat tiff A Larm Engaged jw By: F. Scian, Esquire PAUL R NALE Our File No.: 197835 FILED--u=r=<CLE OF THE: OTARY 2009 APR 20 PM 2: 22