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Home My WebLink About09-4558Our File No.: 212307 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker; Esquire, Esq. Attorney I.D.438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ROBIN L BOECKEL 221 W DAUPHIN ST ENOLA, PA 17025-2210 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - q 55g NOTIC F, CivaTam 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.: 212307 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 FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ROBIN L BOECKEL 221 W DAUPHIN ST ENOLA, PA 17025-2210 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9, Y SS 0 C?U-.Q ?-w- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are ROBIN L BOECKEL, an adult individual residing at 221 W DAUPHIN ST ENOLA, PA 17025-2210. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s), Account #4264296998320110. 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 $12,662.57. A true and correct copy of the total 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 $12,662.57 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney f P tiff A Law Firm Eniza d i Debt Collection BY: Dated: 7/2/2009 David J. A Our File No.: 212307 VERIFICATION David J. Apothaker, Esquire, 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. David J. Apotha Attorney for DATE: 7/2/2009 FIA CARD SERVICES, N.A. ROBIN L BOECKEL 221 W DAUPHIN ST ENOLA, PA 17025-2210 STATEMENT OF ACCOUNT Debtor's Name: ROBIN L BOECKEL Account Number: 4264296998320110 Balance Due: $12,662.57 Our File No.: 212307 EXHIBIT "A" 0 OF 7r i 2 03" 9 J-1 co i4woA Rll* 01493"5 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor CE rr -E $HEPTr r 2091 J 16 A; !u: 0 ! FIA Card Services I vs. Case Number Robin L. Boeckel 2009-4558 SHERIFF'S RETURN OF SERVICE 07/13/2009 08:14 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Jul} 13, 2009 at 2014 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robin L. Boeckel, by making known unto herself personally, defendant at 221 W Dauphin Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 14, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff COURT OF COMMON PLEAS CUMBERLAND COUNTY FIA CARD SERVICES, N.A. PLAINTIFF V. ROBIN L BOECKEL DEFENDANT CASE NO. 09-4558 Civil Term VERIFIED ANSWER Now comes the defendant and hereby specifically answers the allegations in plaintiff's complaint, to wit: 1. Defendant denies plaintiff's allegation number 1 and demands strict and authenticated proof thereof. 2. Defendant denies plaintiff's allegation number 2 and demands strict and authenticated proof thereof. 3. Defendant denies plaintiff's allegation number 3 and demands strict and authenticated proof thereof. 4. Defendant denies plaintiff's allegation number 4 and demands strict and authenticated proof thereof. 5. Defendant denies plaintiff's allegation number 5 and demands strict and authenticated proof thereof. 6. Defendant denies plaintiff's allegation number 6 and demands strict and authenticated proof thereof. 7. Defendant denies plaintiff's allegation number 7 and demands strict and authenticated proof thereof. 8. As to all allegations not specifically admitted herein, they are hereby denied and defendant demands strict and authenticated proof thereof each. ti VERIFICATION Defendant certifies that he has read the pleadings and affirmative defenses set forth herein, and that to the best of his knowledge, information and belief, formed after reasonable inquiry, believes that they are well grounded in fact and warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, and that they are not imposed for any improper purpose such as unnecessary delay or to harass or needlessly increase the cost of litigation. DATED this 1 f3' day of OiAL\ Robin L Boeckel, Defendant 221 W Dauphin St Enola, PA 17025-2210 CERTIFICATE OF SERVICE I Robin Boeckel hereby certify that a copy of the foregoing was sent to Plaintiff, by first class mail addressed to: David J. Apothaker, Attorney for Plaintiff at: 520 Fellowship Road C306, Mount Laurel, NJ 08054 on this I B day of +It- I -- X81 . By. y COURT OF COMMON PLEAS CUMBERLAND COUNTY FIA CARD SERVICES, N.A. PLAINTIFF V. CASE NO. 09-4558 Civil Term ROBIN L BOECKEL DEFENDANT CERTIFICATE OF DISCOVERY The defendant hereby certifies that the following discovery requests were sent to plaintiff's attorney on this date, interrogatories, requests for admission and requests for production of documents. DATED this lam' day of Ro in Boeckel, Defendant CERTIFICATE OF SERVICE I Robin Boeckel hereby certify that a copy of the foregoing was sent to Plaintiff, by first class mail addressed to: David J. Apothaker, Attorney for Plaintiff at: 520 Fel wship Road C306, Mount Laurel, NJ 08054 on this 18 day of . By: - ?2 OF The PP", "Y 2009 J UL 20 AM 11.2 8 'jl""T FENNSYLV, Our File No.: 212307 FIA CARD SERVICES, N.A. ) Plaintiff ) vs. ) ROBIN L BOECKEL ) Defendant ) ORDER OF COURT PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: n ^;~:1 c ~; o _' a =~' -T-; -1 ~ ;- _.~ .,. ~~ ==. r. _ ~ -~~ s t ,~ :~, Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $12662.57. The following attorneys are- interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff Benjamin J. Cavallaro, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorne for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. July 28, 2010 AND NOW, and as prayed for. Civil Action Esquire 20 , in consideration of the foregoing petition, Esq., and Esq., Esq., are appointed arbitrators in the above captioned action By the Court, IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-4558 et ~~ ~O pr~l ~`ay645'/ FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 09-4558 CIVIL ROBIN L. BOECKEL Defendants ORDER AND NOW, this Z 4• day of September, 2010, the appointment of David F. Yoksza, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Lauren E. Bogar, Esquire, is appointed in his place. BY THE COURT, A. Hess, P. J. onald E. Johnson, Esquire Chairman, Board of Arbitrators auren E. Bogar, Esquire vid F. Yoksza, Esquire r Court Administrator - ( 6cs cL ?3 ?t, ( c Am LL s - T" 4/34ld ?. 77 C?j • '~ ~~ 1'HE~P~ ~NQ 1CE Our file No.: 212307 MO TAR APOTHAKER & ASSOCIATES, P.C~4 f~ Q~~ ~ ~, ~M ~ . ~ ~ 520 Fellowship Road C306 Mount Laurel, NJ 08054 CUMBERLAND COjJg~Ty X800) 672-0215 F~Nh1$~~[ ~q~~~~ Attorneys for Plaintiff Attorney ID# 307949 FIA CARD SERVICES, N.A. Plaintiff, vs. ROBIN L BOECKEL Defendant. 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 September 23, 2010, STIPULATED by and between Plaintiff, FIA CARD SERVICES, N.A., and Defendant, ROBIN L BOECKEL parties as follows: 1. Defendant agrees to pay the sum of $12,806.57, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $100.00 have been applied to the amount of $12,806.57, and the amount due and owing as of September 23, 2010 is $12,706.57. 3. The sum aforesaid of $12,706.57 shall be paid by the by Defendant, ROBIN L BOECKEL, to the attorneys for Plaintiff in the following manner: a. $50.00 to be paid on or before the 15~' day of each month, beginning October 15, 2010 through March 15, 2011; at which time Defendant will either increase monthly payments and/or agree to a lump sum settlement due on or before April 15, 2011. All checks are to made payable to FIA CARD SERVICES, N.A., and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 ~~~~} D~ ~I ~ OCR -1 2010 L COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-4558 Our file No.: 212307 4. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $12,806.57, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to ROBIN L BOECKEL by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged i}~Debt Collection By: Esquire ROBIN L BOECKEL FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 09-4558 CIVIL ROBIN L. BOECKEL, Defendant ORDER AND NOW, this 314 day of December, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Ronald E. Johnson, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, P. J. Kevin A. 'T0111 (04 ? Ronald E. Johnson, Esquire Court Administrator b.cSc. c ? _3 Pt It- :rlm ' J r ?y l?fafrv Cl r..0 C:5 -? ?2: rn a -rh ?y M c-3 rn ter` ?> 1 ?0 B W O ' CD C-) ° z ?C= dM c-n "? 1/11111111/ 2171615 The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 1001 E.:Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 r1LED-OFFiCL THE PROTHONOTAi•• ZOR OCT - 110 CUMBERLAND COUNTY PENNSYLVANIA FIA CARD SERVICES, N.A. vs. ROBIN:L'BOECKEL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-4558 ENTRY OF APPEARANCE TO.7171EROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in the above -captioned matter. P012... The Law 0 f' es of Frede ic I. Weinberg & Associa , P. BY: Frederic I. 'nbe a, Esquire Joel M. Flink, squire Attorney for Plaintiff CERTIFICATION OF SERVICE , FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the -date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre -paid, to all other parties or their counsel.of record. Dated: l( ,((( / FREDERIC INBERG, ESQUIRE