The URL can be used to link to this page

Home My WebLink About13-3778 Supreme Court ®f Pennsylvania Gouq Coin u Pleas. ,ro F6r P'rott onota U se tetra v. , CJM _ g DC#iltYf?I' Docket No: t ff 13 The information collected on this form is used solel y for court administration purposes. This forma goes not supplement or replace the filing and service of pleadings or other°paapers as required by law or rules oftourt. S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T MONTANA STATE UNIVERSITY BOZEMAN CHRISTOPHER M BLOOMQUIST I Dollar Amount Requested: ® within arbitration limits O Are money damages requested? ®Yes El No (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS F Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S t) F Employment Dispute: include mass tort) 171 F1 Defamation Discrimination C F1 Other: ❑Employment Dispute: Other E] Zoning Board T El Other: I ❑ Other: Q MASS TORT N El Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 F iLED - O F iCE Our Ffle No.: 359343 C z` THE PPOT l ONO ARY APOTHAKER & ASSOCIATES, P.C. 2013 JUL _ I Rte f, 3 BY: Kimberly F. Scian, Esquire Attorney I.D. 455140 CUMBERLAND COUNTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff MONTANA STATE UNIVERSITY ) COURT OF COMMON PLEAS BOZEMAN ) CUMBERLAND COUNTY 101 MONTANA HALL ) BOZEMAN, MT 59717 ) NO.: 13 - 3x 7 8 a - kN t lT Plaintiff, ) vs. ) CHRISTOPHER M BLOOMQUIST ) 1316 CARLISLE ROAD ) CAMP HILL, PA 17011 ) Defendant. ) 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 GQ *103.'95 Pp ATII Our File No.: 359343 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff MONTANA STATE UNIVERSITY ) COURT OF COMMON PLEAS BOZEMAN ) CUMBERLAND COUNTY 101 MONTANA HALL ) BOZEMAN, MT 59717 ) NO.: Plaintiff, ) VS. ) CHRISTOPHER M BLOOMQUIST ) 1316 CARLISLE ROAD ) CAMP HILL, PA 17011 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is MONTANA STATE UNIVERSITY BOZEMAN, 101 MONTANA HALL, BOZEMAN, MT 59717. 2. Defendant(s) is /are CHRISTOPHER M BLOOMQUIST, an adult individual residing at 1316 CARLISLE ROAD CAMP HILL, PA 17011. 3. At the special insistence and request of the Defendant, while the Defendant was enrolled at MONTANA STATE UNIVERSITY BOZEMAN, the Defendant entered into oral and /or implied contracts of law, wherein the Plaintiff was to provide certain educational services to the Defendant 4. The Defendant has an outstanding balance of $6,552.75 which represents the cost of tuition as set forth in Exhibit "A" plus collection costs in the amount of $2,184.25 for a total of $8,737.00. 5. Although demand has been made repeatedly, the Defendant has refused and failed to pay the balance due, as set forth above, or any portion thereof. 6. Defendant has breached his contract with Plaintiff by not paying said balance due. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,552.75, together with collection costs in the sum of $2,184.25 for a total of $8,737.00 APOTHAKER & ASSOCIATES, P.C. =Scian, ' A Lon Y: Dated: June 20, 2013 Our File No.: 359343 VERIFICATION Kimberly F. Scian, 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 relating to unworn falsification to authorities. C: Kimb r F. Scian, Esquire At rney for Plaintiff DATE: June 20, 2013 ACCOUNT STATEMENT March 26, 2013 DATE MONTANA ST UNIV BOZEMAN INSTITUTION BLOMQUIST, CHRISTOPHER M DEBTOR NAME ACCOUNT NUMBER 01388135 DATE OF LAST PAYMENT Refle- 03/24/10 DATE LAST UNPAID PRINCIPAL AT THIS DATE $ 6,552.75 $ UNPAID INTEREST AT THIS DATE PLUS $ 2,184.25 ASSESSED COLLECTION COST TO BORROWER $ LATE CHARGES TOTAL DUE $ 8,737.00 STATE OF COUNTY OF I AFFIRM THAT AS OF THIS DATE THE ABOVE BALANCE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE - 4a- SIGNATUR O �S CH O� OL OF�FICI DATE SWORN TO AND SUBSCRIBED BEFORE ME THIS Z DAY OF . 20- , fi NOTA BLIC(SIGNATURE) �— N 1111l H / /ii % iq�F OF�� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson il_cF. `: , Sheriff f + Jody s Smith, 20013 JUL 26 A 110= 20- Chief Deputy `., Richard W Stewart MJMSERLAt (j COUI l Y Solicitor OFPIr;,OFF T`.,E P E1,v1H SY LVAH 1 A Montana State University Bozeman Case Number VS. 2013-3778 Christopher M Bloomquist SHERIFF'S RETURN OF SERVICE 07/1712013 08:32 PM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Christopher M Bloomquist at 1316 Carlisle Road, Lower Allen, Camp Hill, PA 17011. JEF K OD , DEPUTY SHERIFF COST: $44.95 SO ANSWERS, July 18, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teieosoft,Inc. Our File No.: 359343 APOTHAKER& ASSOCIATES, P.C. ''' rn� t By: Kimberly F. Scian, Esquire �r- Attorney I.D.# 55140 C3 --a C-) k 520 Fellowship Road C306 v e� CD Mount Laurel,NJ 08054 i;c:- a -,. (800) 672-0215 ~ Attorney for Plaintiff COURT OF COMMON PLEAS OF MONTANA STATE UNIVERSITY ) CUMBERLAND COUNTY BOZEMAN ) Plaintiff ) NO.: 13-3778 CIVIL TERM VS. ) Civil Action CHRISTOPHER M BLOOMQUIST ) Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, CHRISTOPHER M BLOOMQUIST, in the default of an Answer, in the amount of$8,737.00 computed as follows: Amount claimed in complaint: $ 8,737.00 Less: Amount Paid: ( 0.00) Plus: Interest from July 1, 2013 to August 22, 2013 at the legal interest rate of 0.00%per annum 0.00 Attorney fees 0.00 TOTAL $ 8,737.00 I certify that Defendant, CHRISTOPHER M BLOOMQUIST, last known address is 1316 CARLISLE ROAD CAMP HILL, PA 17011. ) A i b ry�F. Scian, Esq. Attorney/for Plaintiff Pp AT7Y E# agvvb Nol-Pce Ma�lc-� OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: CHRISTOPHER M BLOOMQUIST 1316 CARLISLE ROAD - CAMP HILL, PA 17011 COURT OF COMMON PLEAS OF MONTANA STATE UNIVERSITY ) CUMBERLAND COUNTY BOZEMAN ) Plaintiff ) NO.: 13-3778 CIVIL TERM vs. ) Civil Action CHRISTOPHER M BLOOMQUIST ) 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 Kimberly F. Scian, Esq. at this telephone number: 800-672-0215 3W0009 Our File No.: 359343 APOTHAKER& ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount-Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF MONTANA STATE UNIVERSITY ) CUMBERLAND COUNTY BOZEMAN ) Plaintiff ) NO.: 13-3778 CIVIL TERM vs. ) Civil Action CHRISTOPHER M BLOOMQUIST ) Defendant CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe,written notice of Plaintiff's intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if 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. Kimbe y F. Scian, Esq. Attorneytr Plaintiff Our File No.: 359343 APOTHAKER& ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF MONTANA STATE UNIVERSITY ) CUMBERLAND COUNTY BOZEMAN ) Plaintiff ) NO.: 13-3778 CIVIL TERM vs. ) Civil Action CHRISTOPHER M BLOOMQUIST ) Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND Kimberly F. Scian, 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 1316 CARLISLE ROAD CAMP HILL, PA 17011. 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 Defense Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the military. Kimb 1 F. Scian, Esq. Attorn7for 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. MONTANA STATE UNIVERSITY BOZEMAN ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) CHRISTOPHER M BLOOMQUIST ) NO. 13-3778 CIVIL TERM To: CHRISTOPHER M BLOOMQUIST 1316 CARLISLE ROAD CAMP HILL, PA 17011 Date of Notice: August 09, 2013 IMPORTANT NOTICE •3 4 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 BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 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 359343 * Q 3 5 9 3 4 3 S 1 0 - 1 - Department of Defense Manpower Data Center Results as of:Aug-22-2013 02:53:52 SCRA 3.0 Status-Report Pursuant to Servicemembers Civil Relief Act Last Name: BLOOMQUIST First Name: CHRISTOPHER Middle Name: M Active Duty Status As Of: Aug-22-2013 On Active Duly On Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - _ No .4 NA This response reflects the individuals'active duly status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Adive Duty Start Date Active Duty End Date Status Service Component NA a'NA "' T _No 7 �' � NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA .No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,-based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp:/Avww.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App,§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1), Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections,Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: S42DY7E370AA440