HomeMy WebLinkAbout10-0971Otitile No.: 237661
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
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.
ELLIS K DARBY
56 E PENN ST
CARLISLE, PA 17013-2432
Defendant.
OF THE 716aW
2010 FEB -5 AM e: 56
,CURSEA,,jU ??JUN y
PENNSYLVMIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10 - q11 Civil Izc m
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
0
$Qa.W P D A TT`/
ect 168'1'1)
244 a3'la9d
OtAlFire No.: 237661
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.
ELLIS K DARBY
56 E PENN ST
CARLISLE, PA 17013-2432
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.. ) 6 q" 1
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 ELLIS K DARBY, an adult individual residing at 56 E PENN ST
CARLISLE, PA 17013-2432.
3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account
#4888937999413364; 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 $3,344.69. 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
$3,344.69 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & ASS TES, P.C.
Attorney fo lltbt tiff
A Law Firm Enna d in Co ctiol
BY:
Dated: 1/27/2010
David J. ApdtlMker, Esquire
Our File No.: 237661
. . '4L . r
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 re ting o unsworn falsification to authorities.
David J. A thaker, Esquire
Attorney for laintiff
DATE: 1/27/2010
10 . • w, , s
ELLIS K DARBY
CACH, LLC
56 E PENN ST
CARLISLE, PA 17013-2432
STATEMENT OF ACCOUNT
Debtor's Name: ELLIS K DARBY
Account Number: 4888937999413364
Original Creditor: BANK OF AMERICA, N.A.
Balance Due: $3,344.69
Our File No.: 237661
EXHIBIT "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff FILED 'J`rlut:
Jody SSmith _ OTARY
Chief Deputy 20 FEB 6 ?? 2? 10 1 14
Edward L Schorpp
Solicitor _aFt r
r"ciVI SiL ,,N;'A
Cach, LLC
vs.
Ellis K. Darby
Case Number
2010-971
SHERIFF'S RETURN OF SERVICE
02/08/2010 09:37 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February
8, 2010 at 2137 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Ellis K. Darby, by making known unto herself personally, at 56 E. Penn Street, 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: $33.40
February 09, 2010
,
SO ANEWE5P
NY R ANDERSON, SHERIFF
ByZ.
Deputy Sheri
iC! i"oum"'Su;te
Our file No.: 237661
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 38423
CACH, LLC
Plaintiff,
VS.
ELLIS K DARBY
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 March 26, 2010, STIPULATED by and between Plaintiff, CACH, LLC,
and Defendant, ELLIS K DARBY parties as follows:
1. Defendant agrees to pay the sum of $3,489.37, 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 $3,489.37 shall be paid by the by Defendant, ELLIS
K DARBY, to the attorneys for Plaintiff in the following manner:
a. $100.00 to be paid on or before the 26th day of each month, beginning
April 26, 2010 until paid in full.
All checks are to made payable to CACH, LLC, and sent to:
f Jc
F I L EL'It
20{0INAY -5 Fri ": 49
CU0.Vi_ L!?I I T
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 10-971 CIVIL TERM
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Our file No.: 23 7661
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 parte, in the sum of $3,489.37, giving Defendant credit
for 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 parte application, with supporting certification, and with
notice to Defendant only in the form of a copy of the application addressed to ELLIS K
DARBY by first-class, postage prepaid.
We hereby consent to the form and entry of the within Stipulation.
APOTHAKER & ASSOCIATES, P.C.
Attorneys for laintiff
A Law Firm Enna .m Debt Collection
F. Scian, Esquire
ELLIS K DARBY
Ellis K. Darby
56 E Penn St
Carlisle, PA 17013-2432
(,n
ApR 9. 6 'Z010 ',L
Our File No.: 237661
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.
ELLIS K DARBY
Defendant
c rIfE PPp tC` .. 1,
010W -6 PM 1: cg
CUMSERLAMU CG' ; V '
'ENNS YLVA.,Nl ^t
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 10-971 CIVIL TERM
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, ELLIS
K DARBY, for failure to comply with the terms and conditions of the Stipulation in Lieu of
Judgment (Stipulation), filed with this Court on May 5, 2010, a copy of which is attached hereto
as Exhibit "A".
Assess damages in the amount of:
Balance:
Less: Payments:
Plus: Interest from May 5, 2010
TOTAL
Dated: November 30, 2010
David J. Apothaker, Esq.
Attorney for Plaintiff
•C4
$ 3,422.77
Our File No.: 23766f
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
ELLIS K DARBY
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 May 5, 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 $3,422.77, giving the Defendant credit for payments made totaling
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 10-971 CIVIL TERM
$100.00, for a total of $3,322.77.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the pep<ie? of 18 Pa.C.S.A. §4904, relating to
unworn falsification to authorities.
David A Apb6aker, Esq.
Attorne for Plaintiff
Dated: November 30, 2010
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: ELLIS K DARBY
56 E PENN ST
CARLISLE, PA 17013-2432
CACH, LLC
vs.
Plaintiff
ELLIS K DARBY
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 10-971 CIVIL TERM
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, Ems. at this telephone number: 215-634-8920
Our File No.: 237661
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
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
VS.
ELLIS K DARBY
NO.: 10-971 CIVIL TERM
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 56 E
PENN ST CARLISLE, PA 17013-2432.
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 DJens ?ilit
anpow Data Center has sent back
our inquiry indicated that the Defendant(s) is/are no David J. A~er, Esq.
Attorney for Plaintiff
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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Our file No.: 237661
APOTHAKER & ASSOCIATES, P.C. ''
520 Fellowship Road C306 c
Mount Laurel, NJ 08054
(800) 672-4215 e
Attorneys for Plaintiff
Attorney ID# 38423 UC)
COURT OF COMMON PLEAS
CACH, LLC ) CUMBERLAND COUNTY
}
Plaintiff, } DOCKET NO.: 10-971 CIVIL TERM
VS.
Civil Action
ELLIS K DARBY )
STIPULATION IN LIEU OF JUDGMENT
Defendant. )
The matters and things in controversy having been discussed by and between the
parties, and a settlement having been agreed upon:
It is on March 26, 2010, STIPULATED by and between Plaintiff, CACH, LLC,
and Defendant, ELLIS K DARBY parties as follows:
1. Defendant agrees to pay the sum of $3,489.37, 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 $3,489.37 shall be paid by the by Defendant, ELLIS
K DARBY, to the attorneys for Plaintiff in the following manner:
a. $100.00 to be paid on or before the 26 h day of each month, beginning
April 26, 2010 until paid in full..
All checks are to made payable to CACH, LLC, and sent to:
Apothaker & Associates, P.C. r? w: ---
520 Fellowship Road 0305 .! yR; i
Mount Laurel, NJ 08054 ''
L.';_.
Our file No.: 237661
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 parte, in the sum of $3,489.37, giving Defendant credit
for 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 parte application, with supporting certification, and with
notice to Defendant only in the form of a copy of the application addressed to ELLIS K
DARBY 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 En?wed- rDebt Collection
F. Scian, Esquire
ELLIS K DARBY cl)
Ellis K.. Darby
56 E Penn St
Carlisle, PA 17013-2432
6 `il?U
I APP 9,
Law Firm of Allan C. Smith, P.C
Attorney I.D. No. 204756
1276 Veterans Hwy, Suite E-1
Bristol, PA 19007
1-888-275-6399//(215)428-0666
Attorney for Plaintiff
CACH, LLC. ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND FLOOR ) CUMBERLAND COUNTY
DENVER, CO 80237 )
Plaintiff, )
VS. ) No.: C)
ELLIS K DARBY )
56 E PENN ST
?
CARLISLE, PA 17013 ) s '1---
c t ?
ENTRY OF APPEARANCE ' -
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of CACH, LLC., the plaintiff in this action.
14
Allan C. Smi , E q.
I.D No. 204756
Law Firm of Allan C. Smith, P.C
1276 Veterans Hwy- Suite E-1
Bristol, PA 19007
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdrawal my appearance on behalf of CACH, LLC., the plaintiff in this action.
.""'-Apo ker Associates \
520 ellow ip Road, Suite C .306
Mount L el, NJ 08054
Phone: (800) 672-0215
Date: March 14, 2012
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-971 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s)
From ELLIS K. DARBY, 56 E. PENN STREET, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY TO BE LEVIED ON.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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 $3,322.77
Interest
Atty's Comm %
Atty Paid $170.40
Plaintiff Paid
Date: 7/6/12
L.L. $.50
Due Prothy $2.25
Other Costs
L?
David D. Buell, Prothonotary
(Seal)
REQUESTING PARTY:
Name : CORRYN KRONNAGEL, ESQUIRE
Address: LAW FIRM OF ALLAN C. SMITH, P.C.
THE BUCKS COUNTY OFFICE CENTER
1276 VETERANS HIGHWAY, SUITE E-1
BRISTOL, PA 19007
Attorney for: PLAINTIFF
Telephone: 215-428-0666
Deputy
Supreme Court ID No. 313173
1 -1
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
CACH, LLC. IN THE COURT OF COMMON PLEAS OF
4340 S. MONACO STREET, 2"D FLOOR CUMBERLAND COUNTY, PENNSYLVANIA
DENVER, COLORADO 80237
Plaintiff[s],
vs. Docket No.: 2010-00971 d
''sue
ELLIS K DARBY
56 E PENN ST
CARLISLE, PA 17013 c1? ?,. o
Defendant[s]. t"..Z
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: -"G
..c
ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania,
(2) against ELLIS K DA.RBY Defendant(s); ANY AND ALL PERSONAL PROPER
BE LEVIED ON.
(3) and 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 $ 3,322.77
Interest from
TOTAL
cs--?) DATE: July 2, 2012
?ia'.S6v tai
33. no `13F
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plus costs.
, Esq. It v) 3
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? per.
TO
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OCA
CACH, LLC.
4340 S. MONACO STREET, 2ND
FLOOR
DENVER, COLORADO 80237
Plaintiff[s],
vs.
ELLIS K DARBY
56 E PENN ST
CARLISLE, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No.: 2010-00971
WAIVER OF WATCHMAN
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. ELLIS K DARBY, Defendant(s).
(1) The defendant will be found at: 56 E PENN ST LISLE, PA 17013
Co Kronnagel, Esq.
(2) If Writ of Execution, state below where Defendant will be found, what goods and chattels
seized and be levied upon. If real estate, attach three copies of description (not place of
together with street and number of the premises. ANY AND ALL PERSONAL PROP]
OF THE DEFEDNANT TO BE LEVIED ON LOCATED AT 56 E PENN ST CAR]
PA 17013.
(3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prope
within may leave same without a watchman, in custody of whoever is found in pc
after notifying such person of such levy or attachment, without liability on the part
deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of ;
property before sheriff's sale thereof.
0
Corr Aronnagel, 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: (215) 428-0740
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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CACH, LLC Case Number
vs. 2010-971
Elks Keith Darby
SIRWF'S RETURN OF SERVICE
07/25/2012 "Property was found to be vacant. Per neighbor, property has been vacant for about a year.
Post office check shows that defendant is not known at address given.
07/25/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, property address provided by attorney is vacant; defendant is not known by the post
office at the address given.
SHERIFF COST: $52.78
July 25, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
{c} CcuntySuite Sheriff, Teleosoft, Inc.
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