The URL can be used to link to this page

Home My WebLink About07-2274~ w APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DAVID ONG 104 SCHOOLFIELD DR CARLISLE, PA 17013-4430 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ~ a 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 aze 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 la 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 la demanda y la notificacion. Hace falta asentaz una compazencia escrita o con un abogado v entregaz a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaza medidas y puede continuaz la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner 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 PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-910$ n a APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DAVID ONG 104 SCHOOLFIELD DR CARLISLE, PA 17013-4430 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY __-- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is DAVID ONG, an adult individual residing at 104 SCHOOLFIELD DR CARLISLE, PA 17013-4430. 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 quantities, and for the prices set forth in Plaintiff s 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 $2,675.58 from August 18, 2003. 8. Although demand has been made, Defendant 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 $2,675.58 plus costs, and reasonable attorney's fees. APOT'HAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged-a'n Debt Collection BY: J. Dated: 3/22/2007 Our File No.: 92417 VERIFICATION r ~ ~ ~ ,hereby states that [ am 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 l8 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. DATE: 3- ~ ~ -oZ DD7 .. 045 , Cap/ta/i~• wh•t't Arr your walMtl` Your account is about to receive the worst creditrating - an R9. Your account Is close to being charged off. • The result is an R9 rating -the worst credit rating of all on your credit bureau report. • It may prevent you from getting credit cards, an apartment, a cell phone, a car loan - or even a job - far as long as zo years! • An R9 will limit our ability to offer you financial solutions. • You will still be responsible for repaying the debt. ® 2003 Capital One Services, Inc. Capital One is a fetiei CapiTid1 iQ~• Account S Previous Balance 22,503.26 Payments, Credits and Adjustments =,00 Transactions Finance Chazges f35 ~ =29.72 New Balance 22,567.98 Minimum Amount Due 12,567.98 Payment Due Date March 27, 2004 Total Credit Line (5,000 Tonal Available Credit =.00 Credit Line for Cash 35 000 Available Credit for Cash :,Op At your service To aB Curtomc ReLtiom or to report • lost or stolen and: 1-800-798-0363 Send paymrnn to: Send inquirits to: Attn: Remittance Promsing Capin One Services Capihl One Services P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA 29285-5015 Important Account Information This February Capital One is in the movies! Watch Ebert & Roeper to see their top movie picks and visit EbertandRoeper.ty to see how you can get involved and learn more about Roger Ebert's 6th Annual Overlooked Film Festival. Good news -it's not too late • Call i-Boo-955-66oo for payment options. • Pay with our free Check by Phone service. • If you have online access, log on to your account and pay now at www.capitalone.com. • Ifyou prefer, simply use the remittance coupon below. service mark. All rights reserved. 045-oa03 GOLD MASTERCARD ACCOUNT 5291-1512-6805-6767 JAN 28 -FEB 27, 2004 Page 1 of 1 Payments, Credits and Ad)trstments Transactions 1 27 FEB PAST DUE FEE (35.00 "Important Notice" Under the terms of your account, Capital One has the right to ittrzease all rates effective immediately. However, Capital One has elected not to raise your A.P.R at this time. Please be advised that if you fail to abide by the terms of your agreement, Capital One reserves the right to raise your A.P.R in the future. You were assessed a past due fee of S3S.00 on 02/27/2004 because your minimum payment was not received by the due daze of 02/27/2004. To avoid this fee in the future, we recommend that you allow az least 7 business days for your payment to reach Capital One. Finance Charge N PICCrC rCe TC'UerrC rt!lCjal lmparlOnl mfallApjfan p Bd nab N .~/Yd to /tniwdu ~ar~r~~g ~~~ ,ah ~jtR PURCHASES 12$17.61 CASH .03608% 13.90% !29.72 1.00 .03808% 13.909[, 5.00 ANNUAL PERCENTAGE RATE a lied thi i d pp s per o 13.9096 ~1,,, ,, • PLEASE RETURN PORTION BELOW WITH PAYMENT. ~`~~~` ,v'~~ 0000000 0 5291151268056767 27 2567980066002567989 New Balance ~~•P^Mm~~aad~u4amwr-ma;tdm,~sk/ n,;,,gbr wblanFm4 u 567.98 Minimum Amount Due t2 567.98 Sneer Payment Due Date March 27, 2004 Apc a C'ry Sou ZIP Total enclosed s Atxotmt Nttmber: Home Phone Alb[nite Phone 5291-3512-6805-6767 Capital One Bank P.O. Box 85147 ~tjrtjj~ttt~ttitjrtt~~ Richmond, VA 23276 ~ujsju~jut~sj~ut~s~jn~jns~~us~jns~~us~~nsj~ut~jus~ #9005937948290993# MAIL ID NUMBER DAVID ONG ~ 1 104 SCHOOLFIELD DR rv ~ CARLISLE PA 17013-4430 s ~nr~j~utj~~nnu~~nj~njn~sju~u~js~~ru~~nu~uju~jsj r Placers Barite yarn acmrart number on yow rber4 or money ordn ma& payable to Capitd One Ban,1 and roar! en the erulaed envelope. lv ~ ~ ~ ~ ~ c a ~ ~ rnr, ~ -~v ~~ ~- ~ ata r~ I ~ ,..~ ~ -~ ~ ~ y„ ~ :~' .c- ~ cn SHERIFF'S RETURN - REGULAR CASE NO: 2007- 2274 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND CAPITAL ONE B K S ONG DAVID JESSICA HERMAN EN Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT & NOTICE was served upon ONG DAVID the DEFENDANT at 1615:00 HOURS, on the 3rd day of May 2007 at 104 SCHOOLF ELD DRIVE CARLISLE, PA 1 013 by handing to DAVID ONG a true and att~sted copy of COMPLAINT & NOTICE together with and at the sam~ time directing His attention to the contents thereof. Sheriff's Cost Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ~/~~o ~„ 3 2 . 8 0 Sworn and Subs ibed to before me this day of , So Answers: R. Thomas Kline 05/04/2007 APOTHAKER & ASSOCIATES By. Dep t herif A.D. l Our File No.: 92417 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 6~4-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 CAPITAL ONE BANK Plaintiff, vs. DAVID ONG Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-2274 CIVIL TERM Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, CAPITAL ONE BANK and against Defendant, DAVID ONG, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on May 3, 2007 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 June 4, 2007, and also attached hereto. Assess damages in the amount of: (a) Balance: $2,675.58 (b) Interest from March 22, 2007 $47.59 TOTAL $2,723.17 APOTHAKER & ASSOCIATES, P.C. Attorneys for 'ntiff A Law Firm Enaa in ebt Collection By: David 3~: Dated: 7/10/2007 /~~ v v C~ v {is.. (]~ V B D n r-- '11 i~T~. t ~ .r` G-? ~-~ -~i r"~,. ~} 7 ~~ .~..{{ 'l~ ..~.~ ~~~ ~~ ',i. ~y ~1..~! ..~~ _y l L•~f ?~(e7 L~ ..`..d ..~ 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 CAPITAL ONE BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. DAVID ONG NO.: 07-2274 CIVIL TERM Defendant. SS. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA 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 104 SCHOOLFIELD DR CARLISLE, PA 17013-4430. 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 inquiry indicated that the Defendant(s) is/are not i Civil Action Manpower Data Center has sent back our ilitary. David J~4pothaker 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. C ~ +"~ ~ ~ ~ "ti `~~ t.... -= '~'~ n~ Tt ~ -- a~ ~~ rn ..L - , ~ Y ' l~ _ ~ _; ~ r.i ~G Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JiJL-10-2007 10:08 :3 6 Y.ast Name First/Middle Begin Date Active Duty Status Service/Agency ONG DAVID 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. ~ ~-~-- 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: http://www.defenselink.mil/faq/ps/PC09SLI~R.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 7/10/2007 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 CAPITAL ONE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. DAVID ONG 104 SCHOOLFIELD DR CARLISLE, PA 17013-4430 Defendant. N0. 07-2274 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT TO: DAVID ONG DATE OF NOTICE: June 04, 2007 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 DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 Our File No.: 92417 ~~ ~ -rs v = .-~ ~ C.Z "J r" ~~ 7~e .. "~ ~1~~ r~ '- rP: ~ a r:~, ~ ..,~ C' .. _ a "_ CLTIr~~ccl~,T ~r'~ ~?~~ Z~A~dI~7 ~~~e~la~~ ~~zn~~:ti~enns~~~.anz~r ~r~ea ~ezng dui ssrr?~; a~c~~°da.n~ ~.~ "~~~.~._, ~"~ tine wthi r C~MPLA~NT & i~f3~`~' w~~ ~~~-~~;~ a~n i- `'. r ~'T~7~.~-ii~~' _. ~ r;, C. .~. n ~ ~ ; ~ ~{Jj„T~~ , 4 ~: .._~,~. :~ 7't"~ ~~;r ..._ ~~Su.Y, -, W ~ ~: ~,:4 5~:'H~J~L~I~~,L"3 LJ~,~''sl ~AVI1 ~~~ a tr~aa anti at~e~~d c~p'v" +~~ ~C~~PI~A.IP~;" ~ i~~I~E ~~~'~i~~r °~~.t and a~ tix~ same rime ~iir~ct.ng His att~r:~c~z-z tc~ ~.e cc~n~e~ts v?;~~~~a, S~v ~r~Ut1,'~L ~ ~: ~_ ~1. ~ ...,. ~7 32.8 ~5,%:~nx,~27 Ark°>~AI~ER S ~ ='~C?C`~~fiEw Sworn and Subsci~~a~ tc~ `~ ~ ~~~r~z-c ~ phis day ' ~ ~ ~ ~- _ _.~ Y A.U. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DAVID ONG ,104 SCHOOLFIELD DR CARLISLE, PA 17013-4430. CAPITAL ONE BANK Plaintiff, vs. DAVID ONG Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-2274 CIVIL TERM 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 !~, aoo-7 ~(sn~