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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&ltie? 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. Depw avee of Ddimse Ivdanwower Diva Center N-m 30-2414 07'133)4 wmb-y Sataa Report Pamanat to the Sw4ke Members Owe RddAd Aurn ,tu+ate -%( Sewekj-ubmg , Dirersx Depaaarart ofUalimse- Mmwwaer Dn. 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'' 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 C12 `t -0o 1 a so ?tpw a ?1 o-T7 (p plus costs. , Esq. It v) 3 d. WrLor EK d -ry ? err' ? per. TO r,> 1H 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 be under ssion, such such SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,(meson a.$ " 9t cumbrr14 4D v OFFICE OF TK "RIFF 1:1LED-OfFiC OF THE PR0Tii0*0TW` Soft De" kk;h d W if kmart Sak*ror W,2 JUL 26 AM 8: 46 Cu mpACG T" 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. ar?w . 60 1 _SD tt"??