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Home My WebLink About10-3688Our File No.: 266204 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, NA 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, VS. DARWIN K BROSIUS 1200 ROSSMOYNE RD MECHANICSBURG, PA 17055-4841 Defendant. 2010 .i'!li -4 3' 'my COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 10 -.21.98 Cu L 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 s ? 9a.o? ?L Rely c ? 193 z9/ JR -t -2V 3 /3p Our File No.: 266204 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 FIA CARD SERVICES, NA 655 PAPERMILL ROAD NEWARK, DE 19711 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. DARWIN K BROSIUS 1200 ROSSMOYNE RD MECHANICSBURG, PA 17055-4841 Defendant. NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, NA, 655 PAPERMILL ROAD, NEWARK, DE 19711. 2. Defendant(s) is/are DARWIN K BROSIUS, an adult individual residing at 1200 ROSSMOYNE RD MECHANICSBURG, PA 17055-4841. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, NA, issued to Defendant(s), Account #5490355999900248. 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 $9,109.60. 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 $9,109.60 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' tiff A Law Firm Engaged i;t Collection BY: David J. Apof h4ej,,J?squire Dated: 5/28/2010 Our File No.: 266204 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 relating to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 5/28/2010 FIA CARD SERVICES, NA DARWIN K BROSIUS 1200 ROSSMOYNE RD MECHANICSBURG, PA 17055-4841 STATEMENT OF ACCOUNT Debtor's Name: DARWIN K BROSIUS Account Number: 5490355999900248 Balance Due: $9,109.60 Our File No.: 266204 EXHIBIT "A" ' -266204 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: FIA CARD SERVICES, NA Defendant/s: DARWIN K BROSIUS Serve Upon: DARWIN K BROSIUS Address for Service: 1200 ROSSMOYNE RD MECHANICSBURG, PA 17055-4841 Alternate Address for Service. Expiration Date: Type of Action: Civil Action Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 t~ FIA CARD SERVICES, NA Plaintiff vs. DARWIN K. BROSIUS Defendant COURT OF COMMON PLEA N CUMBERLAND COUNTY ~a ~~'- q ~ ~~ _~ r=. , ;?, NO: 10-3688 r" ~, ~" r-.{ - _ _ ,_. CIVIL TERM J= --, -~-~~ , Y ~ ~.) .~. 1 ~: ANSWER TO COMPLAINT COMES NOW, the defendant, by and through his counsel, Jerry A. Philpott, Esquire, and answers the complaint as filed: 1. Denied solely on the ground that defendant has no prior knowledge of FIA Card Services, NA, or whom or what it represents. Admitted that plaintiff is plaintiff and if it claims to be FIA Card Services, NA, defendant has no way to prove otherwise. 2. Admitted. 3. Denied. After reasonable investigation, defendant does not have a clue who plaintiff is and whether he, defendant, ever had an account with plaintiff, and therefore denies the allegations of paragraph 3. 4. Denied. Because defendant has no knowledge of the plaintiff or the account, he can hardly know whether he ever used it to his benefit. 5. Denied. Further denied that defendant has any prior knowledge of Exhibit A or that it is a valid account stated. It appears to be a paper prepared for attachment to this complaint to document a balance that may or may not be valid. Strict proof of the allegations of paragraph 5 is demanded. 6. Denied for the reasons stated in response to other paragraphs above. 7. Denied for the reasons stated in response to other paragraphs above. WHEREFORE, defendant that plaintiff s complaint be dismissed with prejudice. July 20, 2010 /~ZespecIy J A. o squire \ 27 h treet, PO Box 116 unc on, PA 17020 717-8 -3087 Atto ey for Defendant I verify that the statements made in the foregoing documents are true and correct to my best personal knowledge, understanding, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, Suite C306 Mt. Laurel, NJ 08054 (856) 780-1000 Attorneys for Plaintiff FIA CARD SERVICES, NA Plaintiff, vs. DARWIN K BROSIUS Defendant. OF THE PROTHONOTARY 2910 SEP 29 PM 1:51 COMBERLANO COUNTY PENNSYLVANIA COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-3688 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 this August 26, 2010, STIPULATED by and between Plaintiff, FIA CARD SERVICES, NA, and Defendant, DARWIN K BROSIUS parties as follows: 1. Defendant agrees to pay the sum of $9,238.60, 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 $633.00 have been applied to the amount of $9,238.60, and the amount due and owing as of August 26, 2010 is $8,605.60. 3. The sum aforesaid shall be paid by Defendant, DARWIN K BROSIUS, to the attorneys for Plaintiff in the following manner: a. $633.00 to be paid on or before the 30`h day of each month, beginning September 30, 2010 until paid in full. All checks are to made payable to FIA CARD SERVICES, NA, and sent to: Zwicker & Associates, PC Attorney's at Law 80 Minuteman Rd. Andover, MA 01810 4. In the event Defendant, DARWIN K BROSIUS makes all payments as stated above, this account will marked satisfied when DARWIN K BROSIUS pays $3,800.00. 5. In the event Defendant, DARWIN K BROSIUS fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, DARWIN K BROSIUS's default. The name and address of Defendant's attorney(s) that notice will be sent to is: JERRY PHILPOTT ESQ 227 NO. HIGH STREET PO BOX 116 DUNCANNON, PA 17020 6. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, DARWIN K BROSIUS, ex parte, in the sum of $9,238.60, giving Defendant, DARWIN K BROSIUS credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Plaintiff A Law Firm Engaged i ollection /KimWy F. Scian, Esquire DARWIN 4VVOSIUS Our File No.: 266204 IL Our File No.: 266204 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire A orney.I.D.# 38423 52 Fellowship Road C306 M?unt Laurel, NJ 08054 (8 0)672-0215 At omey for Plaintiff FIA CARD SERVICES, NA vs. DARWIN K BROSIUS COURT OF COMMON PLEAS } CUMBERLAND COUNTY NO. 10-3688 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys ??e?PI'¢intiff A Law Firm Engag d in ]Debt Collection Date . d: 1/7/2011 Plaintiff, Defendant. By: David J. C v -p 3 ? --t ? vZi ?" N r ? rn N C)