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HomeMy WebLinkAbout10-5618A- , 4 Our File No.: 262974 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, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, VS. KIMBERLY S BANZHOFF 632 DEVON RD CAMP HILL, PA 17011 Defendant. FJgT1 "' . NARY 26 CUMBERL `0 COUNTY ?(yy$1(LVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: I0 - SU8 0,-t Vt? Tem 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 ?aa.oo Pp ?-R,r al tq say 1 e# a I/ N70 . .. - Our File No.: 262974 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, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff, vs. KIMBERLY S BANZHOFF 632 DEVON RD CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, N.A., 655 PAPERMILL ROAD, NEWARK, DE 19711. 2. Defendant(s) is/are KIMBERLY S BANZHOFF, an adult individual residing at 632 DEVON RD CAMP HILL, PA 17011. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s), Account # ending in 3843. 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 $13,191.12. 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 $13,191.12 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS Attorney for A Law Firm EnizaQed/ &TES, P.C. bt BY: David I ApotVaker, Esquire Dated: 8/13/2010 Our File No.: 262974 4* 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 Pa.C.S.A. j9Q? relating to unworn falsification to authorities. David J ker, Esquire Plaintiff DATE: 8/13/2010 FIA CARD SERVICES, N.A. KIMBERLY S BANZHOFF 632 DEVON RD CAMP HILL, PA 17011 STATEMENT OF ACCOUNT Debtor's Name: KIMBERLY S BANZHOFF Account Number: ending in 3843 Balance Due: $13,191.12 Our File No.: 262974 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FIA Card Services vs. Kimberly S Banzhoff Case Number 2010-5618 SHERIFF'S RETURN OF SERVICE 09/13/2010 08:47 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 13, 2010 at 2047 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kimberly S. Banzhoff, by making known unto Mike Banzhoff, Husband of defendant at 632 Devon Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 September 14, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, 2 RON R ANDERSON, SHERIFF M,'. iE.. cry ` ?? > ?T' _ t r fit_t_ D-U w r?L Our File No.: 262974 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 2"1 11 1`M)' l I FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. KIMBERLY S BANZHOFF NO.: 10-5618 CIVILTERM Civil Action Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, KIMBERLY S BANZHOFF, in the default of an Answer, in the amount of $13,191.12 computed as follows: Amount claimed in complaint: $ 13,191.12 Less: Amount Paid: ( 0.00) Plus: Interest from August 13, 2010 to November 5, 2010 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL n $ 13,191.12 I certify that Defendant, KIMBERLY S BANZHO , last known address is 632 DEVON RD CAMP HILL, PA 17011. David J. Apo er, Esq. Attorney for Plaintiff Dated: November 5, 2010 Oki N&Jd OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KIMBERLY S BANZHOFF 632 DEVON RD CAMP HILL, PA 17011 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. KIMBERLY S BANZHOFF NO.: 10-5618 CIVILTERM 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, Esq. at this telephone number: 800-672-0215 Our File No.: 262974 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 FIA CARD SERVICES, N.A. ) Plaintiff ) VS. ) KIMBERLY S BANZHOFF ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5618 CIVILTERM 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 pena ' of 18 Pa.C.S.A. §4904, relating to 1unsworn falsification to authorities. r David J. Apo er, Esq. Attorney for Plaintiff Dated: November 5, 2010 Our File No.: 262974• 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 FIA CARD SERVICES, N.A. ) Plaintiff ) VS. ) KIMBERLY S BANZHOFF ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5618 CIVILTERM Civil Action 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 632 DEVON RD CAMP HILL, PA 17011. We inquired with the web site of the Defense Wilson Boulevard, Suite 400, Arlington, VA 2220 branch of the military. Mary M. Snavely-Dixon, Director of the De our inquiry indicated that the Defendant(s) is/are not David J. Apothaker, Esq. Attorney for Plaintiff wer Data Center, located at 1600 if the Defendant(s) is/are in any Data 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 unsworn falsification to authorities. Liver wd of Ddense :Mianp"a Data CO, e2?ovr 03-201008:06.-? 0 it atery Status Report puaaait to die Senwe Members Civil Reikf Act Mau Dot. AM" VIVO sialli +1??'Dtedq? ?etvire Aowy I3ANZEIpFF KDOMMY iBased oa the idarmaoos you hn a toreiskie4 One DMDC does nor possess -r! S ?n? die adividwl stmts. Upas StaxtiAt at itfatraadioa dna banks cf eke tivarwnent of Ddwe Mamma Data Camay. bred a be iofrnmaow cat y- pro'aide$ the above is die carraar strums cf the iodivid,ni as to A braecim dike L Warned Seniors (AnnY, Navy. Nfiviae CorM Ai Force, NOAA, Panic HeaW grad Coast Guard). A2W?. rcr.?,-ate M-Y -X Ste-Dixon, Direct Depaitiamt of Defe se - Mswpowa Dam cn* 166 Wisoa Bk-&. Snr1c 400 AtiWop VA 22209-2-43 The Dekv- Mng-- Dad. Comer (D.M C) a - orp-wa order Deputmim dDoOme dirt as immes die Detwe Enrollment and amity Reporting Sys MER$) die win a the o?ind sake of r" an eiphity for miFay axdcat care ad adw dow systeasa. The Dad} *-*-WP- the eaa5orcrrarat of the Service kdlWAM C i4 R,,WAds (SO L'$C app- §§ s©1 et sag, as ,umdea ) (SCRA) Oullle* kagaa as die Sdai3rrs' and Sailors' GH RdWAd d194 DUDC has Issued bteaekeds cf diouarrais of 'dodo not Pos- may uhna roe lets CW#"eke -SMW s cWR* an active dilly" sespomes. Old hn espeaved a saai error n6e. In du t<xm Ow iatereidiW defereaced abmt, or my fix* uumdia, t ie4 or sqpresmatativ, the isehridnl it on aclivt asarerts is try that dnty, or aatlrersi:se crtitled to the ptoteclius of &e SCRA, stun are Woo* ?'+I? id , obi Main hrdber vaiicaeoe dd w p goes OW by *DMCW4 diffill persons Savke V& d ie' =' L L ??lvul?e evidence dbe addaeiotiai service iriicaron, P t &- praisbm of the SCRA Paws st o a add you fail t0 obtain >his »m9' be invoked agmst You, . St Set 50 SO L.'SC App- §3I1(c)_ If-, obtain+td*mri i onuatios aboad die person (e.g., at SSN, iaprorved %-my of DM. a middt awe), you errs obms your request again at do Web site and we nail provide a new cafes for fiat c secy. Tha respom redimb actisa iNf states alt dime eke iadi 44W was lest as active duty. fit was .chile die days' For historical inftirmabou, p? contact die Service SCRA posts-of-contact ??e ?a? 3?? .Vow i4Aw*& tisrn on Ac,tim DAW SOW' Active duty stabs as reported is this certificate is defined in accordance with 10 USC § 101(d)(1) far a pemd of mare twin 30 -wivt days. la the ease of a member cf d w NmianaE Gatei iedati`s savice under a cal to active service a diarized by &e President or the Seattarx ofDsfane far a period dmore than 30 coosecd tmv days raider 32 LW § $020 for purposes of responding to a national emvivacy declared by die President and by Federal finds. AM Active Guard Reserve (AGR) members nimr be assipacd against an sized mobilization position is flee =A dry support This iocI I s Navy TARS, Marne Cam ARs and Cow Geed RPAs. Active Duty sues also mpies to a Unformed Sen ce member whoa an ochre duty cornet issaoe+d officer of die U.S POW HerAb Service or tie Na>imal O"arric and Ate aosphedic Adini isusrion t`iOA. v Coowiksiooed Cups) for a period tf'more than 30 ccnsecrasic days. Gnn+eearR,r Under dos SOU it D,"dsr in Sense Cssa Coverage under tie SCRA is broader in some rases and inchides some categories of persons on active daatg for purposes ordw SCRA vdw *vdd rat be reported as on Attics Defy under this certificate. Many tsars orders are aaaemded to extend the period of active duty, which would extend SCRA protin tiooa Persons sedong to rely or this w dente attiicatioe should check to nuke stare die orders an wbkb SCRA preeeedious ate bated have not bean amended m attend die isdamim dames of aav ce. Furdharmart, some protection ddte SCRA may enead to persaes nice have received orders to report far active day or to be adoctrr>, but wbo have so acft* begin active duty err acte* rq-" fix Last Date on Active IM} tatty is important becans,e a ouniber dyrotections of SCRA eawd beyond tbt last daft ofectivT duty. Twose avho svaaid rely oa this a fttfir to are urged to seek 4rmi6ed le W course! to eaarae,bat OR rights gaaraateed to Service, members wader die SC RA are protected R'AF-"CNCr Ibis cortificatc was provided based on aname and SSN provided by Or requester- Providing as araoeoos name a SSN mil erase an araeeotsa catffieate to be provided. Report A?LER2FM-,K 262974 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY FIA CARD SERVICES, N.A. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) KIMBERLY S BANZHOFF ) NO. 10-5618 CIVILTERM To: KIMBERLY S BANZHOFF 632 DEVON RD CAMP HILL, PA 17011 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 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BAR DAVID J. APO HA ER, 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 Date: October 08, 2010 2129591 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 r PRO IC 2oi1 w°N0 rya JUL -9 C(? ??R PH S 7 PEA j 3 Y? uNT y Iq FIA CARD SERVICES, N.A. VS. KIMBERLY S BANZHOFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-5618 CIVILTE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in t above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERICC;Z WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on i the date below, served a copy of the Substitution of Attorney anti Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. Dated: ?' V Y,