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Home My WebLink About08-0111A Our File No.: 134657 APOTHAKEK & 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. KEVIN J HESS 237 S ENOLA DR ENOLA, PA 17025-2811 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 - I II Civil Term 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 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 notification. Hace falta asentar unai comparencia escrita o con un abogado v entregar a ]a 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 notifica¢ion. 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 ABOGADOO 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 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: David J. Apothaler, 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. ) KEVIN J HESS ) 237 S ENOLA DR ) ENOLA, PA 17025-2811 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ok- / / C,.-t CIVIL ACTION COMPLAINT FIRST COUNT 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 KEVIN J HESS, an adult individual residing at 237 S ENOLA DR ENOLA, PA 17025-2811. 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 $3,968.98. 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 $3,968.98 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorner Plaintiff A Law Firm En g eld in Debt Collectioi BY: David J(Apothaker Dated: 12/21/2007 Our File No.: 134657 VERIFICATION Syr / , hereby states that I 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 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. DATE: CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 KEVIN J HESS 237 S ENOLA DR ENOLA, PA 17025-2811 STATEMENT OF ACCOUNT Debtor's Name: KEVIN J HESS Account Number: 4791242219572537 Balance Due: $3,968.98 Our File No.: 134657 EXHIBIT "A" n ` Z. IX3 `T3 CO ' DO -- _ ? rQ SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00111 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HESS KEVIN J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HESS KEVIN J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 237 S ENOLA DRIVE HESS KEVIN J NOT FOUND , as to ENOLA, PA 17025 GIVEN ADDRESS IS VACANT. PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers:_ Docketing 18.00 -'% ?Service 14.40 Not Found 5.00 R. Tfiofti-as Kline Surcharge 10.00 Sheriff of Cumberland County ??? a? v P ?j?,, .00 -47.40 APOTHAKER & ASSOCIATES 01/14/2008 Sworn and Subscribed to before me this day of A. D. Our File No.: 134657 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 Plaintiff, VS. KEVIN J HESS Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-111 PRAECIPE TO REINSTATE,COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. David J. Apothaker, Esquire Attorney for Plaintiff A Law Firm Engaged in Debt Collection Dated: 2/12/2008 C3? ? ;.? `? 3 ,? --ti.) ?- ? '?. c-- ?.-. ? ? ?.;- V r ? ?? 4 ?---, SHERIFF'S RETURN - REGULAR CASE NO: 2008-00111 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HESS KEVIN J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HESS KEVIN J the DEFENDANT , at 2020:00 HOURS, on the 18th day of March , 2008 at 278 LOWTHER STREET R LEMOYNE, PA 17043 by handing to KATHY HESS, 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 18.00 Service 15.36 Postage .58 Surcharge 10.00 .00 94 Sworn and Subscibed to before me this day of So Answers: P R. Thomas Kline 03/19/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff A. D. J? Attorney for Plaintiff CAPITAL ONE BANK ) COURT OF COMMON PLEAS OF Plaintiff, ) CUMBERLAND COUNTY It L Our File No.: 134657 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 vs. KEVIN J HESS Defendant. TO THE PROTHONOTARY: NO.: 08-111 } Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, KEVIN J HESS, in the default of an Answer, in the amount of $4,377.99 computed as follows: Amount claimed in complaint: $ 3,968.98 Less: Amount Paid: ( 0.00) Plus: Interest from December 21, 2007 to August 12, 2009 at the legal 229.17 interest rate of 6.00% per annum Attorney fees 0.00 TOTAL $ 4,377.99 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, KEVIN J HESS, last known address is 278 LOWTHER ST APT R LEMOYNE, PA 17043. S CTES, P.C. tiff A Law FCollection APOTH3Apotbaker By: Dated: August 12, 2009 1. Our File No.: 134657 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK Plaintiff, vs. KEVIN J HESS Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-111 . 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 278 LOWTHER ST APT R LEMOYNE, PA 17043. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if the Mary M. Snavely-Dixon, Director of the Defense indicated that the Defendant(s) is/are not in the military. David J. AIN Attorney for r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Center has sent back our inquiry 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. • APOTHAKER& ASSOCIATES, P.C. ATTORNEYS AT LAW Department of D efierue Manpower Data CeUtex Mkary Stagy Report Pmt to the Servicex tsears Civil Relief Act ;Far e B Date f AUG-12-2009 O&OU8 Active Ih4 Status ServicelAxency HESS MIN T Based on the i * matim You have the D%1DC does not possess any inlormanon indicating that the individual is cwm* on wtive dray. Upon searching the " saffimmium t banks of the Department of D Tense Manpower Data Center, based on the xiosnmadw that you provided, the above is the current status of the individual as to al bra of the Mkary_ rya .folt.a,-a?p. Matt' M Snavely-Duos, Director Dent of Defense - Manpower Data Center 1600 Wison Blvd., Suite 400 Ark ton, VA 22209-2593 Defense Manpower Data Center (DMDC) is an organazbw ' of d= Dept of Defense dust maintains the Defense Enrolment and Eiigilx* Reporting System (DEERS) database which is the official source c(data on e§g for may mescal rare and other dg W system. The I3epartnrent of Defense strongly mWports the edfarce meat of the Serv emembers CPA ReW Act [SO USCS Apex. g j 501 et sec) (S+CRA) (formerly the Sags' and Sailors' Caivg Ref of Act of 1940)_ T) G has issued hundreds of thousands of'"does not possess any mformabon indicatmg that the i mal is cun' * on active clnty" responses, and has etperienced a small c yar rate. In the event the m&vkhW r&rmced above, or any f w* number, ffiend, or representwive asserts in any manner that die itxVvi&vd is on active dray, or is otherwise entitled to the protects of the SCRA, you are strongty a -cu raged to obtain further verification of the person7s active duty status by canter that person% Ir1 * Service via the "defensefink.mi" URL prodded below- If you have evidence the person is on active-duty and you fag to obtain this add6onal Mkar'y Service verification, provi s of the SCRA may be invaked age you If you obtain fmrdw infer about dw person ( e.g., an SSN, *roved accuracy of DRIB, a mulcge name), you can submit your request agate at this Web site and we will provide a new certificate for that query. Ths response rdkcts current actsm duty status try. For historical inkirmation. please contact the teary Service SCRA pouts- of-coxttakct. See. htwr lw-a?w ddansekk.»a visl°1 O9SLDR.bmi WARNING This cen cats was provided based on a name and Social Sew number (SSN) provided by the requester. Prop g an erroneous name or SSN w cause an erroneous rt cate to be provided. Rs}x rtID.x4iFFtw nn'nW +? 134657 OFFICE OF THE PROTHONOTARY r COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) KEVIN J HESS ) NO. 08-1 It To: KEVIN J HESS 278 LOWTHER ST APT R LEMOYNE, PA 17043 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: June 20, 2008 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 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR DA I J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC 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 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00111 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HESS KEVIN J RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HESS KEVIN J the DEPENDANT r at 2020:00 HOURS, on the 18th day of March 2008 at 278 LOWTHER STREET R LEMOYNE, PA 17043 by handing to KATHY HESS, 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 Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 •':?.?.s'"?.''r.?,:°.' ,e.?•'?.?.-? .58 10.00 R. Thomas Kline .00 43.94 43/19/2008 APOTHAKER & ASSOCIATES By: day Deputy Sheriff A.D. FILED-CCRCE OF THr PFD?? ?i NI IOTARY 2009 AUG 19 PAS 3: 53 ur??ITY W #A/db 441 Me / qjigq NO y(,e2 kkka r TO: KEVIN J HESS 278 LOWTHER ST APT R LEMOYNE, PA 17043 CAPITAL ONE BANK Plaintiff, vs. KEVIN J HESS Defendant. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-111 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