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Home My WebLink About01-5459 ROBERT J, BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. NO,2001-54)-I( CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, : JR" and direcTEL, INC., CIVIL ACTION - LAW Defendants 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, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBERT J. BENDER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVID NICODEM, JOHN T. NICODEM, : JR., and direcTEL, INC" NO.2001-3[5Gj CIVIL TERM CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, comes Robert 1. Bender, by and through his attorneys, Kline Law Office, and respectfully files the following complaint: 1. Plaintiff is Robert J. Bender, an adult individual who resides at 4 Spartan Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 2, Defendant David Nicodem is an adult individual who resides at 1950 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, and at all times relevant to this Complaint served as an employee, agent and representative of Defendant direcTEL, INe. 3. Defendant John T. Nicodem, Jr. is an adult individual whose principal address is 1251 Scranton Carbondale Highway, Dickson City, Lackawanna County, Pennsylvania 18505, and at all times relevant to this Complaint served as an officer of Defendant direcTEL, Inc. 4. Defendant direcTEL, INC, is a Pennsylvania corporation with its registered office located at 830 E, Main Street, Larksville, Luzerne County, Pennsylvania 18651, and which operates a place of business in Cumberland County at One Camp Hill Mall, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011, 4, On August 15,2001, Defendant David Nicodem, acting in his capacity as an employee, agent, and representative of Defendant direcTEL, INC" with (according to said Defendant David Nicodem) the assent and approval of Defendant John T. Nicodem, Jr., in his capacity as an officer of said defendant corporation, borrowed from Plaintiff the sum of$3,500,OO, with an agreement that the sum of $6, 1 00.00 would be paid by Defendants to Plaintiff on August 28,2001. A copy of the Note executed by Defendant David Nicodem and a copy of the canceled check made payable to directTEL in the amount of $3,500.00 are attached as Exhibits "A" and "8", respectively, to this Complaint. 5. Despite repeated requests, Defendants have failed to pay Plaintiff the sum due, WHEREFORE, Robert J, Bender, respectfully requests this Honorable Court to enter judgment in his favor and against Defendants in the amount of$6,100.00, plus attorneys fees and costs of suit as this Court deems appropriate, Respectfully submitted, I q ~e<>\ 2.v'Q \ DATE ~\~~~ Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff direc -- ---- - --- - ....- - ---- --- wWLllf.getthebutton. com NEXT-==- . . --I . -. !! - - AUTHORfZED REPRESENTATIVE [(jS-!a ( If: LM;V --- J U/lv:/j ;t/ (';I.~f>Yl ;tyI.:t.. . /0; 5 f;.'C/!.c"~~''j 35ti~..,,,, -c"/'/l !3-)/'7 f!8J,?D2 .. -k..-: q ~"vCS,(''7C'" l " -f /dl",4" f/"'clvc--f~, --r!1: f (: v/sf." "..,1 .",/1 je 1"'/ b4d' b k<- f / 7 /28' >t'i. 7/<< -It,~<-- '~"rJ&<",.,1 j1tv-; <:{ I'''/.f- d ~L'c;u' <". 1/...71 k 1<,,(/1 (~ /..-/1.,. -1ft,;, ( c~, 'it) 7 /h..- d!~"7L'.e.U c/o A; 28ft!oj _ /'5 jc,'toc,o,,_ Otf'.!,(; fi..f(c'.JI y, T' (,~(l~~j {: . ~ !rs/cJ I. EXHIBIT "A" p.o. Box 3923, Scranton, PA 18505 Tofl Free: (800) 784-0167 Fax: (570) 343-9962 EMaiJ: directel@epix.net ASH LEIGH E. BENDER ROBERT J. BENDER 4 SPARTAN CIRCLE PH, 717.73().4516 CAMP HilL, PA 17011 I PAYTOTHE D( ~ I ORDER OF 'J~~Cvt\Dl r ~""'()/AJol ; OVJ/W ,1 Commerce .,,12_ ,I., America's Most Convenient Bank" ~ 'i! ., udn" '.888-YES_OOO4 . I' MEMOUi""", III ~ V' <i'''' d xh8/ol l:03l.:lol.Bl,bl: 5l. 2l.o:l25 Oil' 27:11, ,. ~14 2734 3~ 5110250 DA IE . {S. 2.ou I $ 3)50D .{/'D I , t:l _,_ DOLLARS W ~_ ":~o;:,I' 'I' ,', '::1'1'1' . I,}..,.. ' ,..~ ,..mol' ...., "'1 " ",.\...j.../j , - I.... ., .,. .', .~ '::1 ('J 1"1 .r"l.:::. ~.l.) I", '~~. .,I,..It...I......, ";"! 'I'N'::' r-'""D -. .... .', ';S '1' 1 '.,.. !..., I, -\-, 0 r=-;- (! 11.n" . ,..,:,.:.J... .......... ': '\" VI ::;-, '."!.,.. .', v" .'. .', '''\ ' eo-:;:': () ~::~ \1)1: 171811,) \.) l;:; I", '1- 1- ",- -. ,.. t .:. ~., ..,;.... . ,'. .\. 'I' ,:::,.1 I I . I- ':.:,1... "." . ! . ~ ',' en ~c ~ t ~ r '~ "<' '" (:;l I '- t< . 1 ~';_ ._..-~~~ :.1 ~~)31()t?,~~.~,~ur' f:;.\) ":" ," .-.r..-." 1l~'lU\!'t-flll- r.., ftl,t' y.:"'j!'hJ ~r!I. ,-., "'......,.. A ~:~{~};~i~75() '-> L" ~<; ....., EXHIBIT "B" VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, r /;71/01 Date 41()&-- ROBERT J. BENDER ~ "- -- I:' ~ ~ 'il.) ~ r ':\\:. .......... ~ '- ~ ..r Y> ~ ~ ~ ~ ~"t:::: ~' ~() '8 ~ n ~ :::> ('l' -.:-:. '-', ~~i ~,: J -:,'.~' , ("/i:,l-' r.: i~ "'.~, ---""l.." ~2' 2': ::< " c ~ (.::' ~. .., :<"j ~ "1 ~::J --') r. \...::) --0 '-,C; " .'...- -" , );.:-) 25,:::n ~ --< -..... :::> ,',) ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., CIVIL ACTION - LAW Defendants TO THE PROTHONOTARY: PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Please enter judgment of default in favor of Plaintiff, ROBERT 1. BENDER, and against Defendants, DAVID NICODEM and direcTEL, INC., for Defendants' failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within twenty (20) days from the date of service thereof. Defendant David Nicodem was served on September 25, 2001. Defendant direcTEL, Inc. was also served on September 25, 2001. Therefore, both Defendants' answers were due to be filed on or before October 15,2001. Attached as Exhibits "A" and "B" are copies of Plaintiff's written notice of intention to file praecipe for entry of default judgment, which I certifY were mailed by regular mail to each of the Defendants at his/its last known address on October 17, 2001, which is at least ten (10) days prior to the filing of this praecipe. Please assess damages in the amount of $6,100.00, plus costs of suit, which is the amount demanded in said Complaint. Respectfully submitted by, ?~ Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. NO. 2001-5459 CIVIL TERM DA VID NICODEM, JOHN T. NICODEM, : JR., and direcTEL, INC., CIVIL ACTION - LAW Defendants TO: David Nicodem 1950 Market Street Camp Hill, PA 17011 DATE OF NOTICE: October 17, 200 I IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, UNLESS YOU ACT WITHIN TEN (10) 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~?~ ROBERT P. KLINE, ESQUIRE 714 Blidge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff Exhibit I'A" CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon David Nicodem, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 17th day of October, 200 I, from New Cumberland, Pennsylvania, addressed as follows: David Nicodem 1950 Market Street Camp Hill, PA 17011 ~7K-tz ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. NO. 2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, : JR" and direcTEL, INC., CIVIL ACTION - LAW Defendants TO: direcTEL, Inc. and 830 E. Main Street Larksville, P A 18651 direcTEL,Inc, One Camp Hill Mall Camp Hill, P A 170 II DATE OF NOTICE: October 17, 2001 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, UNLESS YOU ACT WITHIN TEN (1 0) 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 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 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 \ ?\--s) 0 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Exhibit "B" CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon direcTEL, Inc., Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 17th day of October, 2001, from New Cumberland, Pennsylvania, addressed as follows: direcTEL, Inc. 830 E. Main Street Larksville, P A 18651 AND direcTEL,Inc, One Camp Hill Mall Camp Hill, PA 17011 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff 01 >- <:'\J c f~ c 1;; ~ rt- ~...... :::j}; "L ~ fA ..l.". '...J ;~f: 00 Q '~:'.;;~ <l'" - \,0 - I ' 'J) J';",. () ;::-." ,j(~ <:I ~ ~ f,::-~ ~ ~ e:L , -- , 0 () 5 c:) (,) ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, JR., and direcTEL, INC., CIVIL ACTION -LAW Defendants TO THE PROTHONOTARY: PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Please enter judgment of default in favor of Plaintiff, ROBERT J. BENDER, and against Defendants, JOHN T. NICODEMN, JR., for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within twenty (20) days from the date of service thereof. Defendant John T. Nicodem, Jr. was served on October 5, 2001. Therefore, Defendant's answer was due to be filed on or before October 25, 2001. Attached as Exhibit "A" is a copy ofPlaintifi's written notice of intention to file praecipe for entry of default judgment, which I certify was mailed by regular mail to the Defendant at his last known address on November 2, 2001, which is at least ten (10) days prior to the filing of this praecipe. Please assess damages in the amount of$I,700.00, plus costs of suit, which is the amount demanded in said Complaint, with credit given for a partial payment in the amount of $4,400,00 previously made on behalf of Defendant. Respectfully submitted by, cy~o Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff ROBERT 1. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO, 2001-5459 CIVIL TERM DAVID NICODEM, JOHN T. NICODEM, : JR., and direcTEL, INC., CIVIL ACTION - LAW Defendants TO: John T. Nicodem, Jr. 200 N . Washington Avenue Scranton, P A 18503 DATE OF NOTICE: November 2, 200 I IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~?~ ROBERT P. KLINE, ESQUIRE 7 I 4 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Exhibit "A" CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon John T. Nicodem, Jr., Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 2nd day of November, 2001, from New Cumberland, Pennsylvania, addressed as follows: John T. Nicodem, Jr, 200 N. Washington Avenue Scranton, P A 18503 \ V\~ () ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff ..J 0 0 0 C "1"1 t ;;::: :z: c.. ~ ;flU' c:) " ~ "c: C"": "7q~ N ~:J I II 0 C zt' i:'Jy j- ~ (/)> C::> ';:~() ...-." ...... ~ ~O ~ "- "'" ~:r: :.g ~ ...... :.Jl: C)B --C ~8 Zrn to ~ 3- w ~ :i>~ .. ~ 1 -- w ~ ::...;: ~ .s::- ~ ~' ~ ROBERT J. BENDER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2001-5459 CIVIL TERM DAVID NlCODEM, JOHN T. NICODEM, JR., and direcTEL, INC., CIVIL ACTION - LAW Defendants PRAECIPE TO SATISFY DEFAULT JUDGMENT AND TO SETTLE AND DISCONTINUE ACTION TO THE PROTHONOTARY: Please satisfy the default judgments previously entered against David Nicodem, John T. Nicodem, Jr., and direcTEL, Inc. in the above-captioned matter, and satisfy, settle, and discontinue the above-captioned matter. Respectfully submitted by, C-1.)t- y~o Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Plaintiff 8 0 ~0 :E::: :::;:: ""Uc-J.} ::';. mn.-~ .:;0 ,- 2:1'',: 25: \.D U),",::. r>-' <:,C. ::; >'c' -.i'... 20 N Pc 2 ::"''1 ::< (::J