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HomeMy WebLinkAbout07-4342._ Our File NU.: 106875 APOTI~AKER & 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 MRC RECEIVABLES CORPORATION c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. MARGARET HANDSHEW 32 E MAIN ST NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: d7 - ~3~a C ~ v ~ t ~ ersY1 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 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 las paginas siguientes, usted time veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar 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 paze 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 MRC RECEIVABLES CORPORATION c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. MARGARET HANDSHEW 32EMAINST NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ©7- ~/ 3 sFoZ ~d.UC.6~ T1.cr•. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, MRC RECEIVABLES CORPORATION, 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 MARGARET HANDSHEW, an adult individual residing at 32 E MAIN ST NEWVILLE, PA 17241. 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 $3,950.61. .. 8. • Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is FCNB/NEWPORT NEWS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,950.61 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney/~r Plaintiff A Law Firm En~~e~tl in Debt Collection BY: Dated: 7/17/2007 David7"Apothaker Our File No.: 106875 VERIFICATION David J. Apothaker, Esq. 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. DATE: 7/17/2007 Attorney for Plaintiff MRC RECEIVABLES CORPORATION c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 MARGARET HANDSHEW 32 E MAIN ST NEWVILLE, PA 17241 STATEMENT OF ACCOUNT Debtor's Name: MARGARET HANDSHEW Account Number: 5770911218427621 Original Creditor: FCNB/NEWPORT NEWS Balance Due: $3,950.61 Our File No.: 106875 EXHIBIT "A" .6,~ c:- ~:-~ o _l _ ~ / i1r ~ ~... _..._ . J ', J T ~ 4 ~ . ~. ~~j 1 i i~ ~ l 17 r1,~r '„4 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04342 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MRC RECEIVABLES CORPORATION VS HANDSHEW MARGARET VALERIE WEARY Sheriff ar Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HANDSHEW MARGARET the DEFENDANT at 2034:00 HOURS, on the 27th day of July 2007 at 32 E MAIN STREET T TAT '~ NEWVILLE, PA 17241 MARGARET HANDSHEW by handing to 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 10.56 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/30/2007 APOTHAKER & ASSOCIATES By: , Deputy Sheriff of A.D. Our File No.: 106875 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (~ 15) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 MRC RECEIVABLES CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. MARGARET HANDSHEW Defendant. NO.: 07-4342 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, MRC RECEIVABLES CORPORATION and against Defendant, MARGARET HANDSHEW, for failure to answer or otherwise respond to the Complaint -Civil Action. The Complaint was served upon the defendants on July 27, 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 September 11, 2007, and also attached hereto. Assess damages in the amount of: (a) Balance: $3,950.61 (b) Interest from July 17, 2007 $65.59 (c) Costs $117.06 TOTAL $4,133.26 APOTHAKER & A~OCIATES, P.C. A Law Firm En~a~ed ih Debt Collection By: Dated: 10/26/2007 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Wglsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorney for Plaintiff MRC RECEIVABLES CORPORATION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO.: 07-4342 Civil Action MARGARET HANDSHEW 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 32 E MAIN ST NEWVILLE, PA 17241. 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 Manpower Data Center has sent back our military. David J.`~pothaker Attorney for Plaintiff Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act a Page 1 of 2 OCT-26-2007 05:46:17 * Last Name First/Middle Begin Date Active Duty Status Service/Agency HANDSHEW MARGARET 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. ~r~. ~,-r~.- 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/faq/pis/PC09SLDRhtml 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 10/26/2007 ,~~ '; SHERIFF' S RETtiRI~ - REOI~LAR CASE NC3: 2fl(}7-44342 CC3NQ++IONWEAZ,TH t}F PENI~SYLVANI~1. CdtlNTY OF CUMBERLAND I++~RC RE~EIVABLE~ CORPt7RATIfJI~T Sly F~ANDSHEW MARGARET VALERIE W~ARX sheriff or Deputy Sheriff of CtlTilb@r~..~tllt~ County, Pennsylvania, who belruj duly sworn aCCOrd~ng tt~ law, says, the with~.ri COMPLAINT & AtQTICE wd~ sC''~Ved upon H;Aiv"D~HEW .MARGARET the Z3EFENDANT , a t 2 ~ 3 4 : Q ~ Ht~URS , on the 2 7th day t~ t Jul r~~. 2 0 ~ 7 at 32 E MAIN STREET. APT idEt+itTILLE; PA 17241 by handing to ~GARET HANL)SHEW a true and. attested copy of COMPLAINT & NOTICE. together with .and at the same time directing Ear attention tee the contents thereof. 's C©st~ : f f ~her 5a AtlBwers c 7,, } . ~~Gh-~'1.. .r~.~ ^~ p lC7 • V ~ ~ ;~, , Affidavit Surdharge 10 . ~ ~ R . Thcamas Kl ia~e ,~ 38, 5 t}7/3a/2tl{37 AFQTHAKER & ~1SSC'~CI.ATES sworn and subscibed to By- before me this day Deputy Sher' f of , A. tD. Our File No.: 106875 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 MRC RECEIVABLES CORPORATION COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 07-4342 MARGARET HANDSHEW 32 E MAIN ST NEWVILLE, PA 17241 Defendant. NOTICE OF INTENTION TO TAKE DEFAULT TO: MARGARET HANDSHEW DATE OF NOTICE: September 11, 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 S 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 ~ ° ;~ s :.~ ~ ---r ~ 0 a ,' ~ -~ ~ ~ ? ; ~ 'F{J 4 "'~' _ i v 4 ..Y !'_. ~ 1 .ice' ~+ - ' ~..`J "~~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MARGARET HANDSHEW ~ 32 E MAIN ST NEWVILLE, PA 17241 MRC RECEIVABLES CORPORATION Plaintiff, MARGARET HANDSHEW Defendant. vs. NO.: 07-4342 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 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 nr~