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HomeMy WebLinkAbout08-0112r • 4, Our File No.: 134828 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. STEVEN R TUCKER 4 DARRIN AVE NEWBURG, PA 17240-9222 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 68 - ( I a 0 1 Pa'M 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 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 notification. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisions 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 PARA AVERIGUAR DONDE SE PUEDE CONS$GUIR 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D-f- I/ z C'c4 C.c w^ STEVEN R TUCKER 4 DARRIN AVE NEWBURG, PA 17240-9222 Defendant. 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 STEVEN R TUCKER, an adult individual residing at 4 DARRIN AVE NEWBURG, PA 17240-9222. 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 $1,367.42. 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 $1,367.42 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney Plaintiff A Law Firm En ed Debt Collection BY: Dated: 12/21/2007 David Our File No.: 134828 VERIFICATION . rn.I I t-1114 , 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 ahuthorities. DATE: ponline u A better way to Internet. Surf uA to 5x fa5ftr.4th FREE Accelwatw for ft list 12maertlrst-a $W vaWsf 1-888-587-9669 ` Mention Offer Code: DIAMOND ?? • • Or visit www.peoplepc.com/go/diamond UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by syrnanteor" ® Pop-Up Blocker- e? Spam Controls 4! Smarter Smart Dialer Technology ® [W More Email Addresses ® (* Internet Call Waiting Ca4ra/+e alow• Account Summary Previous Balance $741.03 Payments Credits and Adjustments $.00 Transactions $29.00 Finance Charges $16.69 PLATINUM VISA ACCOUNT 4862-3622-1834-1116 DEC 26,20(M - JAN 25, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 25 JAN PAST DUE FEE $29.00 New Balance ;786.72 Your request to close your account has been received. Your account will be dosed when it reaches a $0 balance. Minimum Amount Due 5786.72 Until then, you will continue to receive statements and must continue to make payments. All terms and Payment Due Date February 25, 2005 conditions of the account will apply while a balance remains. Please remember to curt your cards and cancel all Barges which automatically bill to your account. Total Credit Line Total Available Credit $400 5.00 -Capital One proudly supports the National Youth Anti-Drug Media Campaign. Credit Line for Cash $400 00 $ PARENTS. THE ANTI-DRUG. Stay Involved - Ask Questions. To get the FREE booklet, 'Keeping Available Credit for Cash . Your Kids Drug-Free,' call 1-800-788-2800 or visit www.TheAnfd)rug.com"" At your service You were assessed a past due fee of $29.00 on 01/25/2005 because your minimum payment was not To dl Customer Relations or to report a lost or stolen card: received by the due date of 01/25/2005. To avoid this fee in the future, we recommend that you 1-800-903-3637 allow at least 7 business days for your payment to reach Capital One. For free online account service and special automer offm, log on to. www.apit.lona.com Send payments to: Send inquiries to: Attm Remittance Processing Capitd One Smites Capital One Si- P.O. Box 85147 P.O. Boa 85015 Richmond, VA 23276 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. Finance Charges Please see revenessdejor important JArOrmatti cm Balmsrera, Pesied Cmrc+Oo? g ? M 4? d ro R rate 1s1; PURCHASES $749.07 .07189%P 26.2496 $16.69 CASH $.00 :07189%P 261A96 $.00 ANNUAL PERCENTAGE RATE applied this period 26.24% n n n V PLEASE RETURN PORTION BELOW WITH PAYMENT oe' 0000000 0 4862362218341116 25 0786720300000786723 New Balance $786.72 Minimum Amount Ilse $786.72 Payment Due Date February 25, 2005 Total enclosed $ Account Number: 4862-3622-1834-1116 Pleaseprmimailimgadimmand/ c n dcla gesk! wmgbl bl kink Serer Apc Y City sm. ZIP Home Phone Al.— Ph.. #9002640138000486# MAIL ID NUMBER Capital One Bank STEVEN R TUCKER PO. Box 85147 IJn???uulJulltd s? 4 DARRIN AVE R . ichmond, VA 23276 NEWBURG PA 17240-9222 Pkase toriteyow account number on yow check or money order made payable to Capital One Bank and mail in the enclosed envelope. r cj ?- c=' c 7 O SHERIFF'S RETURN - REGULAR CASE NO: 2008-00112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS TUCKER STEVEN R NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TUCKER STEVEN R the DEFENDANT , at 1140:00 HOURS, on the 10th day of January , 2008 at 4 DARRIN AVENUE NEWBURG, PA 17240 STEVEN R TUCKER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ?/?'t , 18.00 19.20 .00 10.00 .00 47.20 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/11/2008 APOTHAKER & ASSOCIATES By: _ ?I e?/ , Deputy Sheriff of A. D. Our File No.: 134828 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK ) COURT OF COMMON PLEAS OF C/O David J. Apothaker, Esq. ) CUMBERLAND COUNTY 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) NO.: 08-112 Plaintiff, ) vs. ) Civil Action STEVEN R TUCKER ) 4 DARRIN AVE ) NEWBURG, PA 17240-9222 ) Defendant. ) PRAECIPE TO SUBSTITUTE PARTY PLAINTIFF AS PER Pa RULE 2352 (a) TO THE PROTHONOTARY: Kindly substitute as Party Plaintiff, Capital One Bank (USA), N.A., in this action. The right to substitution is based upon the following facts: Capital One Bank (USA), N.A, is the successor, who by operation of law, has succeeded to the interest of, CAPITAL ONE BANK. Defendant's rights will not be prejudiced by this change. APOTHAKER & A OIATES, P.C. Attorneys Or Pl intiff By: David J. Dated: October 1, 2008 N ?_. ? m-a ?? ? '"`? e? ,? ?,•a '? =;:? `? _.w, A Our File No.: 134828 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. CIO David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. STEVEN R TUCKER 4 DARRIN AVE NEWBURG, PA 17240-9222 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-112 Civil Action PRAECIPE TO SUBSTITUTE PARTY PLAINTIFF AS PER Pa RULE 2352 (a) TO THE PROTHONOTARY: Kindly substitute as Party Plaintiff, Capital One Bank (USA), N.A., in this action. The right to substitution is based upon the following facts: Capital One Bank (USA), N.A, is the successor, who by operation of law, has succeeded to the interest of, CAPITAL ONE BANK (USA), N.A.. Defendant's rights will not be prejudiced by this change. By: ,SSOCIATES, P.C. for Plaintiff David J. Apothaker, Esquire Dated: October 27, 2008 ??' ?.? t> e.,,,! -,-? ,..-r ??? ?- ?'f - "?_ =?. ?' :?? - ? . <:c:: Our File No.: 134828 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 CAPITAL ONE BANK (USA), N.A Plaintiff, VS. STEVEN R TUCKER Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-112 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, STEVEN R TUCKER, in the default of an Answer, in the amount of $1,433.38 computed as follows: Amount claimed in complaint: $1,367.42 Amount Paid: - $(0.00) Interest from December 21, 2007 to 05/14/09 at the legal interest rate of 6.000 per annum $65.96 Costs $0.00 Attorney fees $0.00 TOTAL $1,433.38 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, STEVEN R TUCKER, last know address is 4 DARRIN AVE NEWBURG, PA 17240- 9222 Dated: 5/14/2009 APOTHAKER & Attorneys A Law Firm Emu By: TES, P.C. Debt Collection David J. Apothaker OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: STEVEN R TUCKER 4 DARRIN AVE NEWBURG, PA 17240-9222 CAPITAL ONE BANK (USA), N.A. Plaintiff, vs. STEVEN R TUCKER Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-112 Civil Action 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. EN. at this telephone number: 215-634-8920 - 5,12 61 4 D7 Our File No.: 134828 APOTIIAKER-& 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 (USA), N.A. Plaintiff, vs. STEVEN R TUCKER Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-112 : 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 4 DARRIN AVE NEWBURG, PA 17240-9222. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if thq Mary M. Snavely-Dixon, Director of the De indicated that the Defendant(s) is/are not in the mili David J\ Attorney r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Data 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. Department ofDefx Maopowea Data Center MAY-14-2009 0933.14 Upon searching the informod n data banks of the Dgxmtaimt of Die Manpower Data Center, based an the boa dint you provided, the above is the comet status of the individual as to A brandws of the may. *avt A L-,-J - ?, Mary K Saov* Down, Director Dnwhas t of Dense - Mupower Data Center 1600 Nilson Bhd?s Stale 400 Are` , VA 22209-2393 The Defea see Manpower Data Center OMC) is an otganimfim of he De par:w nentt of De mse t * manintains &e Defense Enr est = d E§*Jky Re mg Sy* = (DEERS) database which is the o&W source cfe on cfgibity Par takery nodcal care and odxx efigW system. The Deparune:tt of Der sky s%pods the a akwe of the Serviced Goa Relief Act 130 U'SCS Apps . ? § 541 et seed (SCGRA) Oxmedy the SoldierS' and Salors' Cid RrkfAct of 1940). DMDC has issued hundreds oftimmasands of *does not possess any iaf zzoation um icating that tbe his coneudy on active duty" responses„ and has expetimeed a snot error rate_ In the event the is iividaai referenced above, or any family mmni ar, ffisiend, or re peseetalive asserts is any manner dint the individual is an active duty, at is adwrwise end to the protections of the SCRA, you we straq* encouraged to obtain frar&w versification o fthe person's active day s- - by contacting do pod's Mary Service via tie " defizoel i kmrr URI. provided below. If you have evidence the person is an active-duty and you tai to obtain this adMoasl NIfitairy Service verification. proms of if a SCRA may be invoiced agate you. K you, obtain Esther information about kbe person (e.g., an SSN, kgga ++ed accuracy of DOB, a mitiicfie name), you tna s dak your rest spin at this Web site and we wil provide a new cartificuie for that query. This response rely current active duty status only. For bWoncal kk aadion, rime contact the Military Sexv= SCRA points- of=t. See. h#ttd/%vww ark. WARNDOG: This cati6cate was pr vided based on a nm a and Social Security ixuaber (5SN) provided by the requester. Providing an erroneous ame or SSN wig cause an envacous cadicate to be pwvkk& R "-AD tQDOWA P$ 1Fftwy Stems Report Pmt to the Servicemembers CkA Reiiief Act Our File No.: 134828 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. STEVEN R TUCKER 4 DARRIN AVE NEWBURG, PA 17240-9222 Defendant. NO. 08-112 NOTICE OF INTENTION TO TAKE DEFAULT TO: STEVEN R TUCKER DATE OF NOTICE: February 13, 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 (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 D V 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 a SHERIFF'S RETURN - REGULAR CASE NO: 2008-00112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS TUCKER STEVEN R NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAj*T'. & NOTICE was served upon TUCKER STEVEN R the DEFENDANT , at 1140:00 HOURS, on the-10th day of January , 2008 at 4 DAwRRIN AVENUE NBWBURG4 PA 17240 by handing to STEVEN R TUCKER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing. His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 19.20 .?" Affidavit. 00 Surcharge 10.00 R Thomas Kline .00 47 , 20 01/11/2008 APOTHAKER & ASSOCIATES' Sworn and Subsc i bed to By before me this day Deputy Sheriff of r A. D. FILED-;:" ='{?F ?, ice, ,,4ll?'". r TARY 2M I'if 'f 20 AN H: : 07 PAI-oo?CL 44 . _0 /3y8/S 04- ?4l- 2,1.5yz9 tcC oa?fcx- frzzo .