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Home My WebLink About07-3305APOTHAKER & 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. THOMAS D HOCKER 616 HARDING ST NEW CUMBERLAND, PA 17070-1434 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01 - 3 36,T I C.J L ` 4'. - 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 la corte. Si usted quiere defenderse do estas demandas expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar 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 tomara medidas y puede continuar 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 provisiones 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 Sl 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: Dexid J. Apothaker, Esq. Attorney I.D.438423 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. ) THOMAS D HOCKER ) 616 HARDING ST ) NEW CUMBERLAND, PA 17070-1434 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 07- 3365, ?.( !I ?.- 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 214520, Philadelphia, PA 19114. 2. Defendant is THOMAS D HOCKER, an adult individual residing at 616 HARDING ST NEW CUMBERLAND, PA 17070-1434. 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 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 $10,008.88 from February 02, 2004. 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 $10,008.88 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Atto?Kq for Plaintiff A Law Firm ?ngaked in Debjollectioi BY: Dated: 5/17/2007 Apothaker Our File No.: 96768 c VERIFICATION ,1 !??1 hereby states that I am I, for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the Iioregoing Civil Action Complaint are true and con-ect to the best of my knowledge, intonnation, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. DATE: 016 Save time ...Give employees access to your account! GLOBAL LOGISTICS INC Account #:4802132129083328 Give your employees access to your account so they can make payments, purchases and more. Simply fill out the back of this form and return it with your monthly payment. Be sure to designate each employee's level of access. 4a 1ta'ow® Small Business Services Mr ACCOUNT OWNER Has all the rights and authority over the account. The primary account owner can designate others to have owner level access. 9 ACCOUNT MANAGER Can access account information and make payments over the phone or Internet. Cannot change terms (APR, credit limit) or add employees to the account. Mast also be an Authorized User to receive own card. V AUTHORIZED USER Can make purchases on the account. no Please fill out Access Authorization Form on reverse PLATINUM VISA ACCOUNT 4802-1321-2908-3328 OCT 24 NOV 23, 2004 Page 1 of 1 Rewards Summary Previous Mileage Balance: 13,329 Miles this Period: 0 Miles due to expire 01101105: 0 Redemptions: 0 Ending Mileage Balance: 13,329 The mileage information reported here may not reflect all purchases on this statement or recent redemptions. For No Hassle Rewards questions or to redeem miles, please call the No Hassle Rewards center at 1-877 497-8316. Total Credit Line $5,000 Total Available Credit $.00 Credit Line for Cash $5,000 payments Credits and Adjustments Available Credit for Cash $.00 Account Summary Previous Balance $6,075.83 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $135.09 New Balance $6,245.92 Minimum Amount Due $6,245.92 Payment Due Date December 23, 2004 At your service To cell Customer Relations or to report a lost or stolen card: 1-800-867-0904 Visit ww mpitalone.com today to m anage your account online and receive valuable offers. Send payments to: Send inquiries to: .Ann: Remittance Processing Capital One Services Capital One Services P.O. Box 85184 P.O. Box 85015 Richmond, VA 23285-5184 Richmond, VA 23285-5015 Important Account Information We would like to take this opportunity to inform you that we may report information about your account to credit bureaus. The reporting of your account information to credit bureaus contributes to your overall credit profile. Late payments, missed payments or other defaults on your account may also be reflected in your credit report. N 0 Transactions 1 23 NOV PAST DUE FEE $35.00 You were assessed a past due fee of $35.00 on 11/23/2004 because your minimum payment was not received by the due date of 11/23/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Plea--ren nre sidef imp.rtant information Balanu rate Pe.iodir Corrrsponding r ,,plied to rate PURCHASES $6,140.94 .07096% 25.90% $135.09 00 $ CASH 5.00 .07096% 1 25.90% ANNUAL PERCENTAGE. RATE, applied this period PLEASE RETURN PORTION BELOW WITH PAYMENT CaWal0w° 0000000 7 4802132129083328 23 6245920700006245925 Please print mailing address andbor a-mail changes beloro using blue or block ink. New Balance $6,245.92 Minimum Amount Due $6,245.92 sc:eec Apt. e Payment Due Date December 23, 2004 ---- - ---- --- - - - - --- - c;y smu -. TP. Total enclosed $ -? H- Ph- A,cPC-Ph- Account Number: 4802-1321-2908-3328 - - - ,•m.anaaress #9032914022339332# MAIL ID NUMBER GLOBAL LOGISTICS INC Capital One, F.S.B. THOMAS D HOCKER 5184 Irlu?n??n?r?rl u?t? PO BOX 807 P.O. Box 85164* Richmond, VA 23285-5184 m MECHANICSBURG PA 17055-8807 w _ Please unite your account number on your check or money order made payable to Capital One, F. S.B. and mail in the endsed envekpe. 25.90% r ? F 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03305 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HOCKER THOMAS D MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOCKER THOMAS D the DEFENDANT , at 1850:00 HOURS, on the 6th day of June at 616 HARDING STREET NEW CUMBERLAND, PA 17070-1434 by handing to DORA HOCKER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge cq jb? ?)- 18.00 16.32 .00 10.00 .00 44.32 Sworn and Subscibed to before me this day of , 2007 So Answers: R. Thomas Kline 06/07/2007 APOTHAKER & ASSOCIATES By. eputy Sheriff A. D. Our File No.: 96768 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (2,V) 634-x8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 CAPITAL ONE BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. THOMAS D HOCKER Defendant. NO.: 2007-03305 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, THOMAS D ROCKER, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on June 6, 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 July 31, 2007, and also attached hereto. Assess damages in the amount of: It x (a) Balance: $10,008.88 (b) Interest from May 17, 2007 $154.50 TOTAL $10,163.38 APOTHAKER & ASSOCIATES, P.C. Attoine or Plaintiff A Law Firm EnAded in Debt,Collectiol By: Apothaker Dated: 8/20/2007 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act https://www.dmdc.osd.mil/scra/owa/scra.prc_Select AUG-20-200712:50:39 Last Name First/Middle ;Begin Date Active Duty Status Service/Agency HOCKER THOMAS D ! 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. 011 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. §§ 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/fag/Pis/PC09SLDR.html 1 of 2 8/20/2007 3:48 PM Our File No.: 96768 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. NO. 2007-03305 THOMAS D HOCKER 616 HARDING ST NEW CUMBERLAND, PA 17070-1434 Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: THOMAS D HOCKER C/O BARBARA GRAYBILL, ESQUIRE 126 LOCUST ST HARRISBURG, PA 17101 DATE OF NOTICE: July 31, 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 IS1 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 CASE NO: 2007-03305 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HOCKER THOMAS D MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon L1V4..{M?i\. .L 1iW3.3liL L ---- DEFENDANT at 1850:00 HOURS, on the 6th day of June 2007 at 616 HARDING STREET NEW CUMBERLAND, PA I7070-1434 by handing to DORA ROCKER, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Docketing 18.00 Service 16.32 ?..- Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 44.32 06/07/2007 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day eguty Sheriff of A.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. ) NO.: 2007-03305 THOMAS D HOCKER ) Civil Action Defendant. ) 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 616 HARDING ST NEW CUMBERLAND, PA 17070-1434. 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 4 military. J. Apothaker ev 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 unworn falsification to authorities. c ? 9 w .l CP OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: THOMAS D HOCKER C/O $ARBARA GRAYBILL, ESQUIRE 126 LOCUST ST HARRISBURG, PA 17101 CAPITAL ONE BANK Plaintiff, VS. THOMAS D HOCKER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-03305 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 91,30/07 W, 448 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THOMAS D. HOCKER Debtor/Movant THOMAS D. HOCKER Movant V. CAPITAL ONE BANK Respondent IN BANKRUPTCY BK. NO. 1-07-bk-03140 CHAPTER 7 PROCEEDING LIEN AVOIDANCE COURT OF ODMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-03305 ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien, and duly served upon the Respondent; therefore, the Court orders judgment in favor of the Debtor/Movant, Thomas D. Hocker, and against the Respondent, Capital One Bank, as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and of no further force and effect as it violates I 1 U.S.C. Section 522(f)(1) and interferes with I I U.S.C. Section 522(d). GE'TIriED FRC4eaA day of By the Court, C',ork, U.S. Banl:rup vy court Depu°. C'v 3 k 6ZA ti, (?Wv Robert N. Opel, II, B&Wwuptcy Jude (Aq This dOCWnent a deeftn+cally signed rind flied or, t}ae some date. Dated: November 2, 2007 ? d c? s ? o co