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HomeMy WebLinkAbout07-3530APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attczrney LD.#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. ELIZABETH A ANDERSON 533 S HANOVER ST CARLISLE, PA 17013-3919 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ~r 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 aze 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 torte. 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 notification. Hate falta asentaz una compazencia escrita o con un abogado v entregaz a la torte 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 notification. Ademas, la torte 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 800-990-9108 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. ELIZABETH A ANDERSON 533 S HANOVER ST CARLISLE, PA 17013-3919 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 ELIZABETH A ANDERSON, an adult individual residing at 533 S HANOVER ST CARLISLE, PA 17013-3919. 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 $2,507.59 from January 19, 2004. S ~ 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 $2,507.59 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney fo aintiff A Law Firm En~a~ d ' Debt Collection BY: Dated: 6/5/2007 David J. Our File No.: 99550 1 vt~:itit~~cn~r~un~ -- , ~~ ~~~~ hereby states that I an' ctr` -- _ for plaintiff in this action, and that I am authorized to take this Vcnficatron, <uxi thal the StatCrilenlti madC I11 the lore~onr~ ('rvrl Actuxr Lon plaint arc true and correct to ttrc hest of my knowlcd~c, ~nforn~atron, and belief. l~hc undcrsibncd understands that the statements therein arc made subject to the penalties of 18 Pa.C.S.A. 4004 relatinb to unswor~t falsification to authorities. -?~~-_ 17ATE: CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 ELIZABETH A ANDERSON 533 S HANOVER ST CARLISLE, PA 17013-3919 STATEMENT OF ACCOUNT Debtor's Name: ELIZABETH A ANDERSON Account Number: 5291071560226852 Date of Debt: January 19, 2004 Balance Due: $2,507.59 Our File No.: 99550 EXHIBIT "A" !~ ~ ~~ ~ _ ~ ~ r- ~ O -' ~-'= ` {sue - ~ '` " .~ ~ r ~ u` ~ _ r~ _ { c~5 ~ w `~ ~` ~ - T Y ~~ _ , 1 ~~ _v~ ~a ~~ :J ~ ~~~ ~ CJ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-03530 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ANDERSON ELIZABETH A RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANDERSON ELIZABETH A the DEFENDANT at 0946:00 HOURS, on the 28th day of June 2007 at 533 S HANOVER STREET CARLISLE, PA 17013-3919 by handing to ELIZABETH ANDERSON 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ~r/p4~o~ ~ 3 Sworn and Subscibed to before me this day of , So Answers: ..~. ~/ ~~ ~. ~ ~ ,.. R. Thomas Kline 06/28/2007 APOTHAKER & ASSO ES By: puty Sheriff A.D. Our File No.: 99550 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 CAPITAL ONE BANK vs. Plaintiff, ELIZABETH A ANDERSON Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-3530 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, ELIZABETH A ANDERSON, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on June 28, 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 August 24, 2007, and also attached hereto. Assess damages in the amount o£ (a) Balance: (b) Interest from June O5, 2007 TOTAL APOTHAKER & Attorneys A Law Firm En~aQ By: David J. $2,507.59 $39.56 $2,547.15 S TES, P.C. Pl 'tiff in ebt Collection Dated: 9/13/2007 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney LD.#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. ELIZABETH A ANDERSON NO.: 07-3530 Defendant. Civil Action AFFIDAVIT OFNON-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 533 S HANOVER ST CARLISLE, PA 17013-3919. 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~~anpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not i~Ithe 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 https:/lwww.dmdc.osd.mil/scra/owa/scra.prc_Select Department of Defense Manpower Data Center SEP-13-2007 12:21:07 ,~,.: ~ Military Status Report ~~ Pursuant to the Servicemembers Civil Relief Act ~, . Last Name First/Middle Begin Date :Active Duty Status ,Service/Agency ANDERSON ~ ELIZABETH ,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. §§ 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 9/13/2007 3:18 PM Our File No.: 99550 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney LD.#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. ELIZABETH A ANDERSON 533 S HANOVER ST CARLISLE, PA 17013-3919 Defendant. N0.07-3530 NOTICE OF INTENTION TO TAKE DEFAULT TO: ELIZABETH A ANDERSON DATE OF NOTICE: August 24, 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 SASE I~C3: 2t3U7-a353t~ P SHER~E'~'' ~ RETCIR~I - RECUI.rAR CC~MMt~NWEAI.,TH ~F PENNSYLVANIA: Ct~IJI3TY C}P CUMBER~ANi? CAPITAL CONE BANK tiIS A1~1I7ERSC~N ELIZABETH A RICH.A:RD SMITH , Sheriff or Deputy Sheriff ref Curnbex'land Coun~y,Pennsylvana., wh© being duly sworn. according to ~.aw, says, the within CC3MPI.sA.INT & NC?TICE was Nerved ~zgon A2S£)ERSON ELIZ~~ETH .~, the L?EFENDANT ~t 0946:0(7 H~7tIF~S, can the 6th day of June 2t~0? at 533 S HA23C}VER STREET CARLISLE PA 1"7013~39I9 by handing tc~ ELIZABETH ANI~ERSCN a .rue and attested copy of CdMPLATNT &:RTQTICE together with and at the same time dixeeting Her anent-ion tc~ the contents thereof , Sheriff's Costs Docketing 18.00 Service 4 .80 :Affidavit >~~ Surcharge 1 {~ . ~ 0 . 0 (} 32.8a ~wr~rn. an,d Subscibed to bef care me thy. s day of So Answers; .r' ;~~,<- ,~..~ w~,.. ~. R. Thomas Kline 06f2~~2t307 APt~THRKER & ASS ES By: puty Sher~~f ~.D; -1~-- F ~ g ~ 0 'a ~ ~° d 4 O ~ ~ ~., <-~ -~ ~ ~'y ~, ~:> -- ; n := y ~...~ ~:~~ c.*~ :..c ..~ ..s: y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ELIZABETH A ANDERSON 533 S HANOVER ST CARLISLE, PA 17013-3919 CAPITAL ONE BANK Plaintiff, vs. ELIZABETH A ANDERSON Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 07-3530 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, Esc at this telephone number: 215-634-8920 o~cd