HomeMy WebLinkAbout09-8766Our File No.: 229401
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.
MINDY A PETROSKI
757 HAMILTON COURT
CARLISLE, PA 17013-1519
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: CA - 87(0(0 01-1v tt -Te-r rn
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 FiR No.: 229401
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.
MINDY A PETROSKI
757 HAMILTON COURT
CARLISLE, PA 17013-1519
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
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 MINDY A PETROSKI, an adult individual residing at 757 HAMILTON
COURT CARLISLE, PA 17013-1519.
3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account
#4888940997486747; 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 $6,421.50. 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
$6,421.50 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & S CIATES, P.C.
Attorney or P ,tiff
A Law Firm Eniza ed ' Debt Collectioi
BY:
Dated: 12/14/2009
David J. Apotlfaker, Esquire
Our File No.: 229401
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 relatingAo un4worn falsification to authorities.
David J. Apothaker, Esquire
Attorney for Plaintiff
DATE: 12/14/2009
CACH,LLC
MINDY A PETROSKI
757 HAMILTON COURT
CARLISLE, PA 17013-1519
STATEMENT OF ACCOUNT
Debtor's Name: MINDY A PETROSKI
Account Number: 4888940997486747
Original Creditor: BANK OF AMERICA, N.A.
Balance Due: $6,421.50
Our File No.: 229401
EXHIBIT "A"
0
iL'? 03 LiLC e 1 F 2: 2
4cla.00 Po A-aq
Co t c6arIo9
,F!F* a553CQ
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
141 Per u1 ?i7q??l(
OF THE r
2018 JAN _A AN 8: 4 4
Cach, LLC Case Number
vs.
Mindy A. Petroski 2009-8766
SHERIFF'S RETURN OF SERVICE
12/29/2009 06:25 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
December 29, 2009 at 1825 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Mindy A. Petroski now known as Mindy Cordell, by making known unto
herself personally, at 757 Hamilton Court, Carlisle, Cumberland County, Pennsylvania 17013 its contents
and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $33.84
e-*104*e?
December 30, 2009
(C Cou11tySURO Shenft. Teleosoft. Inc.
By
ty Sheriff
SO ANSWERS,
Our File No.: 229401
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.
MILADY A PETROSKI
Defendant
~~i t
1- ~ :~._ ~ ~ ~-
Ju4 a~ Pw~ ~t ~ n5
s -rir
J.Y; ` .. .. ~.J c ~
~'
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 09-8766
Civil Action
PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION
TO THE PROTHONOTARY:
Please enter a judgment in favor of plaintiff, CACH, LLC, and against Defendant,
MILADY A PETROSKI, for failure to comply with the terms and conditions of the Stipulation in
Lieu of Judgment (Stipulation}, filed with this Court on March 4, 2010, a copy of which is
attached hereto as Exhibit "A".
Assess damages in the amount of:
Balance:
Less: Payments:
Plus: Interest from March 4, 2010
TOTAL
Dated: July 16, 2010
$ 6,901.92
~I¢.oo A p ~~Y
e,~ aas9 ~3
1Jolcex. ~4~.c~
Attorney for Plaintiff
Our File No.: 229401
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.
MINDY A PETROSKI
Defendant
David J. Apothaker, Esquire, certifies as follows:
Civil Action
1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys
for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of
the facts herein.
2. The matter was settled by and between the parties by Stipulation in Lieu of
Judgment (Stipulation), on March 4, 2010, a copy of the Stipulation is attached hereto and
marked as Exhibit "A".
3. Defendant breached this agreement by failing to make payments in accordance
with the terms of said Stipulation.
4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of
Judgment in the amount of $6,901.92, giving the Defendant credit for payments made totaling
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 09-8766
$570.00, plus interest in the amount of $ .00, for a total of $6,331.92.
I verify that the statements made in this
that false statements herein are made subject to the
unsworn falsification to authorities. .
true and correct. I understand
of 18 Pa.C.S~:` §4904, relating to
David J. ~er, Esq.
Attorney r Plaintiff
Dated: July 16, 2010
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: MINDY A PETROSKI
757 HAMILTON COURT
CARLISLE, PA 17013-1519
CACH, LLC
Plaintiff
vs.
MINDY A PETROSKI
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 09-8766
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.
~ JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS
AND CONDITIONS OF THE STIPULATION IN LIEU OF
JUDGMENT
JUDGMENT BY DEFAULT
^ JUDGMENT IN REPLEVIN
^ JUDGMENT BY CONFESSION
^ JUDGMENT FOR POSSESSION
^ JUDGMENT ON AWARD OF ARBITRATORS
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker Esa at this telephone number: 215-634-8920
7/a~/~
Our File No.: 229401
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
COURT OF COMMON PLEAS OF
CACH, LLC } CUMBERLAND COUNTY
Plaintiff )
vs. ) NO.: 09-8766
MILADY A PETROSKI ) 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 757
HAMILTON COURT CARLISLE, PA 17013-1519.
We inquired with the web site of the Defense
Wilson Boulevazd, Suite 400, Arlington, VA 222
branch of the military. /
Mary M. Snavely-Dixon, Director of the efe~
our inquiry indicated that the Defendant(s) is/are n in
Data Center has sent back
David J. Apothaker, Esq.
Attorney for Plaintiff
power Data Center, located at 1600
if the Deferant(s) is/are in any
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.
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l~N~~~~~~~~ ~ ~~ iii ~~~3 ~ ~ ~5~ ' ~ ~'f~,.
Our file No.: 229401 .,•~,.
APOT'H(AKER & ASSOCIAT~~ ' ~ ~E11 `~' L ~U ~~
520 Fellowship Road C306 ,~;~~
Mount Laurel, N7 08054 24 (Q K~1~ -~ FM x~
(800) 672-0215 '~---~""""~~~^~"
Attorneys far Plaintiff ,,,,,,.... t~vS'~.V ~~l1A
Attorney ID#
~PiA
CACH, LLC ~
~ I ,
vs.
MILADY A PETROSKI
Defendant.
} COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCTCET NO.: 09-8766
Civil Action
STIPULATION IN LIEU OF NDGMENT
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been. agreed upon;
It is an February 11, 2010, STIPULATED by and between Plaintiff, CAGH, LLC,
and Defendant, MILADY A PETROSKI parties as follows:
1. Defendant agrees to pay the sum of $b,968.08, which sum Plaintiff agrees
to accept in full settlement of its claim. herein, inclusive of counsel fees and court costs.
2. The sum aforesaid of $6,96$.08 shall be paid by the by Defendant,
MILADY A PETROSKI, to the attorneys for Plaintiff in the following manner:
a. $.190.00 to be paid on or before the 26~' day of each month, beginning.
February 26, 2010 until paid in full.
Ail cheeks are to made payable to CACH, LLC, and sent to:
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
t)ur fife No.: 229401
3. 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 parse, in :the sum of $6,968,08, giving Defendant credit
far any sums actually paid pursuant to the terms of this Stipulation.
4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the
entry of Judgment upon ex paste application, with supporting certification, and. with
notice to Defendant only in the form of a copy of the application addressed to MILADY A
PETROSI~I by first-class, postage prepaid.
We hereby consent to the form and entry of the. within Stipulation.
APOTHAI~ER & ASSOCIATES, P,C.
Attorneys far Plaintiff
A Law Firm Engaged i9 Debt Collection
------
ly F. clan, Esquire
A PETROSKI
229401 OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
, CUMBERLAND COUNTY
CACH, LLC )COURT OF COMMON PLEAS
} CUMBERLAND COUNTY
vs. )
MINDY A PETROSKI ) N0.09-8766
To: MINDY A PETROSKI
757 HAMILTON COURT
CARLISLE, PA 17013-1519
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
Date of Notice: January 21, 2010
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
BAR
DAVID J. APOTHAKER, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
Attorney ID #38423
Fff
Law Firm of Allan C. Smith, P.C
Attorney I.D. No. 204756
1276 Veterans Hwy, Suite E-I
Bristol, PA 19007
1-888-275-6399//(215)428-0666
Attorney for Plaintiff
FILED-OFFICE
uF THE PROTHONOTARY
2811 DEC 27 PM 12: 58
CACH, LLC
4340 S. MONACO STREET
DENVER, CO 80237
Plaintiff,
VS.
MINDY A PETROSKI
757 HAMILTON CT
CARLISLE, PA 17013
COURT OF COMMONW
CUMBERLAND COUNTY
No.: 098766
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of CACH, LLC, the plaintiff in this action.
All n . Smith, Esq.
I.D No. 204756
Law Firm of Allan C. Smith, P.C
1276 Veterans Hwy- Suite E-I
Bristol, PA 19007
TO THE PROTHONOTARY:
WITHDRAWAL OF APPEARANCE
Kindly withdrawal my appearance on behalf of CACH, LLC, the plaintiffln this action.
A"pothake & Associates
520 Fell wship Road, Suite C 306
Mount Laurel, NJ 08054
Phone: (800) 672-0215
Date: December 13, 2011
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO U9-8766 Civil
CIVIL ACTION - LAbL'
i'O THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s)
Fx-om 1vI[NDY A. PETROSKI, 757 HAMILTON CT., CARLISLE, PA 170]3
(1)You arc directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL, PROPERTY TO BE LEVIED UPON .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISI~EE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishees} is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $6,331.92
Interest
Attv's Comm
Atty Paid $170.84
PlaintilT Paid
Date: OCTOBER 15, 2012
(Sea])
L.L. $.50
Due Prothy 52.25
Other Costs
,I nL ~1J ~~~ _ ___
David D. Buell, Prothonotary ~J~-
~~/ / d.~,2G1~ ,_
De ut
p Y
RF.QUhSI'iNG FARTY:
Name : CORRYN KRONNAGEL, ESQUIRE
Address: LAW FIRM OF ALLAN C. SMITH, P.C.
T"i-IE BUCKS COUNTY OFFICE CENTER
1276 VETERANS HIGHWAY, SUITE E-1
BRISTOL, PA 19007
Attorney for: PLAINTIFF
Telephone.-215-428-0666
Supreme Court ID No.
PRAECIPE FOR WRIT OF EXECUTION (MONF,Y JUDGMENTS-
P.R.C.P. 3101 to 3149
CACH, LLC IN THE COURT OF COMMON PLEAS OF'
4340 S. MONACO STREET, 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA
DENVER. COLORADO 80:?37
Plaintiff[s],
v s.
Docket No.: 09 - 8766
MILADY A PETRO5KI
757 HAMIl_TON CT :
CARLISLE,, PA 17013 : ;::
_: ~ K;,
_ _~__ Defendant[s]. ~ ~
~~ ,..
,.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: `"' ~ t.-~ -
;t_ __
~,_-; ,
-__ - ~_,,
ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, },~-pj ,;,. ~'
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania,
(2) against MILADY A PETROSKI Defendant(s); ANY AND ALL PERSONAL PROPERTY
TO BE LEVIED ON.
(3) anal against Garnishee(s);
as a lis pendens against the real property of the defendant(s) in the name of the
Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff)
(4) Amount Due $ 6,331.92
Ulterest from
TOTAL
SC~ DATE: October 09, 2012
~~ ~ a S~ s~ c~~
33 ~ 8~f ~r
t~ ~~
plus costs.
,--;.
/~~ ' ~
"~ , f
Corr Kronnagel, Esq.
~.__~
~ a ~ , , , ~ .~ ~s ~ C~.
`~~~~.~ ~~aao2,t ~~~~ ~ t~X ~SS~~'C~
CACH, LLC' : IN THE COURT OF COMMON PLEAS OF
4340 S. MONACO STREET, 2"~' CUMBERLAND COUNTY. PENNSYLVANIA
FLOOR
DENVER, COLORADO 80237
Plaintiff[s],
vs. Docket No.: 09 - 8766 ~-~ -
MINDY A PETROSKI ` ~~ ~ ~ ~ ~~
-~ - ,; --;
757 HAMILTON CT - ~' '-
~,
CARLISI_.E. PA 1.7013 ""^ ~ ~ `'~'
,~`~; _~'
Defendant[s]. _ ~-~
--~~..- - ~7 -~-
. ~; _._;,
WAIVER OF WATCHMAN ;. ~ ~,.. '~
c~
BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY
COURTHOUSE -CARLISLE, PA 17013
SIR: There will be placed in your hands for service a Writ of Execution, styled as follows:
CACH, LLC, Plaintiff(s) vs. MILADY A PETROSKI, Defendant(s).
(1) The defendant will be found at: 757 HAMILTON£~ CARLISLE, PA 1701
~, ; ,
~~C,.9rry Kronnagel, Esq. ,~
(2) If Writ of Execution, state. below where Defendant will be found, what goods and chattels shall be
seized and be levied upon. If real estate, attach three copies of description (not place of record)
together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY
OF THE DEFEDNANT TO BE LEVIED ON LOCATED AT 757 HAMILTON CT
CARLISLE, PA 17013.
(3) WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under
within m;ay leave same without a watchman, in custody of whoever is found in possession,
after notifying such person of such levy or attachment, without liability on the part of such
deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such
property before sheriff's sale thereof. ~i ~ ~ ;
f'
( ~ Kronnagel, Esq. `~
LAW FIRM OF ALLAN C. SMITH, P.C
THE BUCKS COUNTY OFFICE CENTER
1276 VETERANS HIGHWAY, SUITE E~-1
BRISTOL, PENNSYLVANIA 19007
PH: (215) 428-0666 /FAX: (2 l5) 428-0740