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Home My WebLink About09-5763Our File No.: 215839 AP'OTHAKER & 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 CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ()q- 5r o3 C-Iq4 (exro BRIAN SEMUTA 901 ALLEN ST NEW CUMBERLAND, PA 17070 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 do Our File No.: 215839 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 CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. BRIAN SEMUTA 901 ALLEN ST NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o9 - .676,3 ?u -- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CACH, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are BRIAN SEMUTA, an adult individual residing at 901 ALLEN ST NEW CUMBERLAND, PA 17070. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #4888937993878935; and said account was issued to Defendant(s) by BANK OF AMERICA, N.A., 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 $2,541.51. 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". T. 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 $2,541.51 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER &,KSIOCIATES, P.C. A Law Firm End"a2edin Debt Collection BY: Dated: 8/12/2009 David J. ARo`Cliaker, Esquire Our File No.: 215839 VERIFICATION David J. Apothaker, 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 understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unKvorh falsification to authorities. David J. ApotW Attorney for DATE: 8/12/2009 CACH, LLC BRIAN SEMUTA 901 ALLEN ST NEW CUMBERLAND, PA 17070 STATEMENT OF ACCOUNT Debtor's Name: BRIAN SEMUTA Account Number: 4888937993878935 Original Creditor: BANK OF AMERICA, N.A. Balance Due: $2,541.51 Our File No.: 215839 EXHIBIT "A" DF THE '' y y 2e09 A U A I I I; r' ct * tNlol 05 0 oug518 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFICE OP THE SHERIFF 0 '01?Y 2099 ALIG 3 I PH 3:35 Cach, LLC vs. Brian Semuta Case Number 2009-5763 SHERIFF'S RETURN OF SERVICE 08/27/2009 04:20 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2009 at 1620 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brian Semuta, by making known unto himself personally, at 901 Allen Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 August 28, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF r Deputy Sheriff } Our File No.: 215839 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 vs. Plaintiff BRIAN SEMUTA Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5763 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, BRIAN SEMUTA, in the default of an Answer, in the amount of $2,568.95 computed as follows: Amount claimed in complaint: $ 2,541.51 Less: Amount Paid: ( 0.00) Plus: Interest from August 12, 2009 to October 30, 2009 at the legal interest rate of 6.00% per annum 27.44 Attorney fees 0.00 TOTAL $ 2,568.95 I certify that Defendant, BRIAN SEMUTA, last o address is 901 ALLEN ST NEW CUMBERLAND, PA 17070. /J David J. ApLit ker, Esq. Attorney for Plaintiff Dated: October 30, 2009 Our File No.: 215839 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 vs. Plaintiff BRIAN SEMUTA Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5763 Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. A er, Esq. Attorney for intiff Dated: October 30, 2009 Our File No.: 215839 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 VS. BRIAN SEMUTA Plaintiff Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5763 : 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 901 ALLEN ST NEW CUMBERLAND, PA 17070. 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 Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Def our inquiry indicated that the Defendant(s) is/are not i military David J. Apothaker, Esq. Attorney for Plaintiff Center has sent back I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Depatar of D&wt -Manpower Data Ceder Oct-30-2009 0$,4135 Mkary Status Report Pursuant to d,r Sentakr M-m1ers CIA Few aka -INC, Last _ Service NAM* Efrst'3#+ddle Bye Date Attire DNr S?fiu Anna Drkp £r11}}ak At-Y SEtII EA BRLrs?.' Ra,-d ai aht ricxnnxi,,n wu hair to te;ht , tux I)MLH' d,-.!q nx tx,5 r;satY- gfMnt7 Cn Mcfkatsng tine stand Upon searchkig the ` , data banks of the Depmuneut o(De6 st6e Maupow-ar Dora Ceattr, based an the Wwmfiou &a you prodded, tlae above is the cutrestt status of the in&idAW as to a8 branclaes of the U ' Services (Army, Navy, 4r+lzarite Corps, Air Force,'NOAA, Pub Heath, and Const t„ruarto. 64- . Ut 14 it IMM7 -M- SnaVety-Dixon,. Director Departrued of ervse - . , Data Center Iwo Wism W4. Stec 4 Aifngtoet, VA M09--2593 The Defetw Manpower Dam Center O WDC) a an . ' ofdaae Department c(Ddense dhal maintain *& Definsc Enrollment and EfiVWAy Reparang System (DEM) database which is the aim source ef• data an eiigttuTty tor nakary medical care and oiler ektb&v , systems The DoD attune: supports cdorcement of dre Service Membeis CWi Relief Ari (50 USC App- if 501 at se,(;, as amended) (SCRA) (fixmerl+ known as the Sodti" s" and Sailers' Qi it R Ad of 1940)- VNIDC" has issuedlamdteds oftimands o 'does toot POUM any information indicating that the individual is curie* cc ac&e ' respmse$, and has expftimced a am & error rate, In the event the indi6doal referenced abm-a, of arry f4wil member, triiand, or representative asserts is any mama that the it &id" is our ad ve they, or n ad ensise entitled W the protecbi of die SlsRA, 4sm are strc t encouraged to obtain fttedter v eriSca6 kr of the priori s status by col drat persoWi Serice via. the ' - tar LRL MW?., cta _ defgLelmk m to pas l'Cfi 9SLDF t ym Wv nidence tire paroles on, wti ,e dury and you fair to obtain this addWasal Service vaMcation, pttrati•,e pra4isjom of th t SCRA may be on deed against yon. See 50 USC App. y§521(s) . ityou obtaaa about tlbt: person (r g ,: an SS\ • imWovtd accmracy cf , a sttW& m awl you can stmt your €eWrst agar it dos Web site and we Nul preside a new eerfificate fns that sgueryy 'fruit n-jpow netts aetn a door s+ta3ss i dad the i aas tear on ac*? day, fa was Althea sere. preceding 36' AM. For historical " please contact the Service SCRA po s-of econtaet, More ialfe"Mda on "Active Dtrrv swoon " Acme duty stains as repotted in dis cerfficate is definzd in accordance wi s 10 USC § 101(d)(0 for a paeriod dfr a than 30 eontcu6m days. In the cause *fa member of ire \artooal Chnrd„ includes setvicc tmde€ar ed to wtive strvke mtrhorited bti° the Presides cc the Secretary Dew tat a period afmoae d= 30 cousecadve drys under 32 GSC 5020 forpumoies of responding to a uWaval enentaitiy declared by the President and %Wportrd by FedcrArands. Al Acting Guard Rewrve (AGR); members must be -Agned against an ntxhfltircd mobtuaboo Position in the uvit they support. This inrhttes Nivy TARS. -Marine Conte ARs and Coast Guard RPAs. Acwe Dwy man aho antes to a Uadodmed Service menixr uto is an acts duty co m iWoved od"ueer cf the L', S P"- Health Service or the 7?40oasal Gtetasic and Atmospberic Array-motion (NOAA. C.ommisskm" Corps) for a period ofmore than 30 consecutive davs CoMAWO C'n.fer dW S U itSM4,frr in Sore QMO Cavcrage carder the SCRA is broader in some cases and iiwkwks some c-genies of persons on active duty for purposes afdw SCRA wbo wvtld not be reported as an Active Duty ender this catfficate. Marry Braes orders air amended to extend the perod ofactkv duly, which %ould extend SC'RA protections, persons seeking to rely on this website tertifizai6on should check to tualte sure due orders on tiisch SCRA protections are based have not been amended to extimd the inclusive dazes of scarce F , some protectiow ofdw SCRA may eneod to persons who have receimr! orders to report for odor duly or to be ivducted, but who hash as achtaly belpm actitiv duty or actually reported for iod acbem The Last Date on Active Duty ern , is ` anpartant because a number ofprotections of SCRA extend beyond the list darts of ac*e dety. Those who would rely on this ceefficate art urged to seek gttalrwd kgai counsel to ensure drat all ' die SCRA ate Wis. guaranteed to Service memben under d W°AR_NNG, This certificate vi as p€wAk-d based ou a nume and SSW provided by the rte. Fsmiafag an concerns name or SSN wits cause an en camas certificate to be providet Report113-HCE-zOR QE ..-' ` 215839 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) BRIAN SEMUTA ) NO. 09-5763 To: BRIAN SEMUTA 901 ALLEN ST NEW CUMBERLAND, PA 17070 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 24, 2009 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ID J. APOTHAKER, ESQUIRE AP THAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff BAR Attorney ID #38423 `ITAFY 2009 ItitC??? - 3 f C' v u f 14. oo Po AT" et,* Islas'? P-Y# a33aal ?, w 4 u4io OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BRIAN SEMUTA 901 ALLEN ST NEW CUMBERLAND, PA 17070 CACH,LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. BRIAN SEMUTA NO.: 09-5763 Civil Action Defendant 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, Esc. at this telephone number: 800-672-0215 111410? Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant BRIAN M. CRUM, Plaintiff v. HORACE M. CRUM, SR., EXECUTOR OF THE ESTATE OF HORACE M. CRUM, JR., Defendant .~ ~ ~s~ nzARY ~ J,c , .. ~~~Q ~E~ { ~ ~~ ~~ J ,_ , r'~I ai~i~JY"~+r~: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-5736 Civil Term Civil Action Law Jury Trial Demanded ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Sir, Please Enter the Appearance of Neil W. Yahn, Esquire, of JAMES, SMITH, DIETTERICK & CONNELLY, rr,~, whose address is 134 Sipe Avenue, Hummelstown, Pennsylvania 17036 as Co-Counsel for Horace M. Crum, Sr. The current counsel of record for Horace M. Crum, Sr., namely Gregory M. Kerwin of Kerwin and Kerwin, 4245 Route 209, Elizabethville, PA 17023, consents to this Entry of Appearance. Date: 2 I ~ ~ ~ ~ b By: Neil ]Warner Y Atto ev I.D. No. Jame ith D' P.O. Box 650 Hershey, PA 17033 Consent of Gregory M. Kerwin Gregory M. Kerwin Esquire 82278 Brick & Connelly, LLP CERTIFICATE OF SERVICE I certify that I served a copy of the foregoing Entry of Appearance by United States, First Class Mail, postage prepaid as follows: Dennis R. Sheaffer, Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: z ~ - r b By: