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Home My WebLink About06-4713APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o David J Apothaker, Esquire 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. BROCK KOCH 207 LOUISE CT ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O(. - -/-/ /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 with 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 my 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 ONE. 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en In corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de Is demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a In corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, In corte tomara medidas y puede continuar In demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas Ins provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o David J Apothaker, Esquire 2417 Welsh Road, Suite 214520 Philadelphia, PA 19114 Plaintiff, VS. BROCK KOCH 207 LOUISE CT ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY cam. NO.: Cr. - 41'7!3 &,t ?, l ?itv,-? CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o David J Apothaker, Esq. 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is BROCK KOCH, an adult individual residing at 207 LOUISE CT ENOLA, PA 17025. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantifies, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $10,007.84 from January 17, 2003. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $10,007.84 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: Da ' pothaker Dated: August 8, 2006 Our File No.: 63820 VERIFICATION David J. Apoothaker, Eso. 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 unsworn falsification to authorities. 0?? DO MI. Apothaker, Esq. Attorney for Plaintiff DATE: August 8, 2006 LVNV FUNDING LLC c/o David J Apothaker, Esquire 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 BROCK KOCH 207 LOUISE CT ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: BROCK KOCH Account Number: 5121075014291103 Original Creditor: SEARS Date of Debt: January 17, 2003 Balance Due: $10,007.84 , Our File No.: 63820 EXHIBIT "A" ?J. zs3 00 W Z^> ° V1 Ca3 ?,j r.7- SHERIFF'S RETURN - REGULAR CASE NO: 2006-04713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS KOCH BROCK RONALD E. HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon KOCH BROCK the DEFENDANT , at 0021:00 HOURS, on the 7th day of September, 2006 at 207 LOUISE CT ENOLA, PA 17025 KEVIN SHOOP (ADULT IN CHARGE by handing to FATHER IN LAW) a true and attested copy of NOTICE COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answ . Docketing 18.00 ?s?/?st?6iC? ?Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20? 09/08/2006 g111104 ? APOTHAKER & ASSOC Sworn and Subscibed to -. By: before me this day Deputy Sheriff of A. D. SHAPIRO LAW OFFICE, P.C. Kenneth S. Shapiro, Esq. Attorney I.D. #26850 P.O. BOX 1050 33 Rock Hill Rd., Suite 150 Bala Cynwyd, PA 19004-5050 (610) 668-0707 ? r•? .:, ^nY No. ofZPWg&; r- F. , r v.t fy Court Of Common Pleas LVNV Funding LLC Cumberland County, PA Plaintiff V. Brock Koch Defendant(s) CIVIL CASE NO. 2006-4713 ENTRY OF APPEARANCE TO THE DIRECTOR OF THE DEPARTMENT OF COURT RECORDS OF CUMBERLAND COUNTY, PENNSYLVANIA (CIVIL DIVISION): Kindly enter my appearance on behalf of LVNV Funding LLC, Plaintiff herein. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Kenneth S. Shapiro, Esq. Attorney ID # 26850 Shapiro Law Office, PC P.O. BOX 1050 33 Rock Hill Road - Suite 150 Bala Cynwyd, PA 19004-5050 Telephone # 610-668-0707 FAX # 610-668-1815 Respectfully submitted, SHAPIRO LAW OFFICE, P Dated: 3/)0/10 nCrme?n ?. api , Esq. For the f APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 LVNV FUNDING LLC Plaintiff, vs. BROCK KOCH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-4713 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, LVNV FUNDING LLC and against Defendant, BROCK KOCH, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on September 7, 2006 by the CUMBERLAND Sheriff's Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on October 10, 2006, and also attached hereto. Assess damages in the amount of (a) Balance: $10,007.84 (b) Interest from August 08, 2006 $296.89 TOTAL $10,304.73 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm En in Debt Collection By: DaN\j,d J. Apothaker Dated: 3/15/2007 Our File No.: 63820 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) VS. ) NO.: 06-4713 BROCK KOCH ) Civil Action Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS. 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 207 LOUISE CT ENOLA, PA 17025. 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 Defe Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not i the litary. David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursudnt to the Servicemembers Civil Relief Act Page 1 of 2 MAR-15-2007 09:55:36 Last Name First/Middle Begin Date Active Duty Status Service/Agency KOCH BROCK Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Atut A Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: h_ttT://www.defenselnkmil/fa /? pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/15/2007 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.15.08423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, vs. BROCK KOCH 207 LOUISE CT ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 06-4713 Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: BROCK KOCH DATE OF NOTICE: October 10, 2006 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 (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 ?sl DAVID J. APOTHAKER, ESQUIRE 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 Our File No.: 63820 h a •? ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-04713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS J. (fry ?? ' (r';' KOCH BROOK ?FP 8 )Ong RONALD E. HOOVER Sherif ' Sher f f of Cumberland County,Pennsylvania, who being duly sworn according to law. says, the within NOTICE was served upon KOCH BROOK the DEFENDANT at 0021:00 HOURS, on the 7th day of September, 2006 at 207 LOUISE CT ENOLA, PA 17025 by handing to KEVIN SHOOP (ADULT IN CHARGE FATHER IN LAW) a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 Sworn and Subscibed to before me this day So Ans S* ,?, ,aE R. Thomas Kline 09/08/2006 APOTHAKER & ASSOC By: Deputy She i?ff of A. D. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BROCK KOCH 207 LOUISE CT ENOLA, PA 17025 LVNV FUNDING LLC Plaintiff, VS. BROCK KOCH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-4713 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. 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: 215-634-8920 V- 1 V F r rf -'l N W N W CIl '? Tt c.? rn vi