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Home My WebLink About08-1806O'ur File No.: 151743 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. THERESA L FISK 706 HUMMEL AVE LEMOYNE, PA 17043-1831 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 68- 1801o Civil P 'k 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 ]a 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 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 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. THERESA L FISK 706 HUMMEL AVE LEMOYNE, PA 17043-1831 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b ,?- 1 F0 G C-1-J- 7z- 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 THERESA L FISK, an adult individual residing at 706 HUMMEL AVE LEMOYNE, PA 17043-1831. 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 $7,039.05. I 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 $7,039.05 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SSOCIATES, P.C. Atto y f r Plaintiff A Law Firm E gay in Debt Collection BY: pothaker Dated: 2/29/2008 Our File No.: 151743 VERIFrCATxox hereby states that T 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 subjcct to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. DATE: Capr/alGW • Know your credit limit and the amount of credit available for your use. • Maintain a good credit history-it affects more areas of your life than just your ability to get a credit card. • Use a budget to help you see what you can afford to buy now and to help you save for the future. • Understand that the cost of credit includes fees as well as interest. • Request a copy of your credit report from a credit reporting bureau regularly. KYFF KYFF-1001 CapitalQne- Account S Previous Balance $3,856.82 Payments, Credits and Adjustments 3.00 Transactions $41.00 Finance Charges $85.75 New Balance $3,983.57 Minimum Amount Due - $3,983.57 Payment Due Date March 11, 2005 Total Credit Line 33 000 Total Available Credit $.00 Credit Line for Cash $1,500 Available credit for Cash $,00 At your service T. nn Customer Relations or to report a lost or stolen and 1-800-903-3637 send paymmu to: send inquiries to: Arts! Remiu.. Procaaing Capital One Semen Capital One Services P.O. Box 95147 P.O. Boa 85015 Ri&mond, VA 23276 Richmond, VA 23285-5015 GOLD MASTERCARD ACCOUNT 5291-1521-1025-9310 JAN 12 - FEB 11, 2005 Page 1 of 1 Payments, Credits and Adjustments Trunmetions 1 11M CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 11 FEB PAST DUE FEE 35.00 You were assewd a pest due fee of $35.00 on 02/11/2005 because your minimum payment was not received by the due date of 02/1112005. To avoid this fee in the fuane, we recommend that you allow at least 7 business days for your payment to reach Capital One. Due to the past-due status on one or more of your Capital One account(s) ending in 6082, 9310, your chaging privileges on these accounts have been suspended in accordance with your Customer Agreement(s). As soon as these accounts are back in good standing charging privileges on these acwutus will be restored within 7-10 days. For up-m -date payment due information, you can call 1-800-955-7070. if youle already made your Payment(s), Please disregard d- message. Thank you. Finance Charges P/earetee rrvrrrrridrfor important i>tpOrnratioa Bd-n* Periods e?o?d' m PURCHASES 'W&dtc rate C fpR g ? -i3 34 CASH> .07096% 25.90% 185.75 1.00 .07096% 25.90% i.00 ANNUAL PERCENTAGE RATE applied this period 25.90% ? PLEASE RETURN PORTION BELOW WITH PAYMENT V/Lea owl 0000000 0 5291152110259310 11 3983570087003983570 New Balance $3,993.57 Minimum Amount Due $3,993.57 Payment Due Dale March 11, 2005 Total enclosed 3 Account Number. 5291-1521-1025-9310 Ple prrni- elamg. h-1- 9.41-1 orh4sok acL ?Q« Apt t Qty State ZIP Homesane Alta Phone #9004385955094778# MAIL In NUMBER Capital One Bank THERESA L FISK 147 HERMAN AVE APT 2 P.O. Box 85147 ?du??ludud??trd N LEMOYNE PA 17043-1936 Richmond, VA 23276 N ?u?s?u??ut?t??ut?s??u??ut??ut??ns?lus??us??ssr??ud C ?tuIIIu.IIInu111 111 111111 1111 111111111 11111 111 11111 1111111 Please writeyota amount numbs on your cheek or money ordn madepayaMr to Capital Ow Boni and mail in the ea hmd,,,W,pA, r 00 R co w o c -' r C cxa ltd t a? w= 4 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS FISK THERESA L 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 FISK THERESA L the DEFENDANT at 1903:00 HOURS, on the 31st day of March , 2008 at 706 HUMMEL AVENUE LEMOYNE, PA 17043 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 15.36 Affidavit .00 Surcharge 10.00 00 ?/JOFAP4. 4 3, 3 6 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 04/01/2008 APOTHAKER & ASSOCIATES By Deputy Sheriff day , A. D. ' a Our File No.: 151743 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 Plaintiff, VS. THERESA L FISK Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1806 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, THERESA L FISK, in the default of an Answer, in the amount of $7,327.18 computed as follows: Amount claimed in complaint: $7,039.05 Amount Paid: - $(0.00) Interest from February 29, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $288.13 Costs $0.00 Attorney fees $0.00 TOTAL $7,327.18 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, THERESA L FISK, last know address is 706 HUMIVIEL AVE LEMOYNE, PA 17043- 1831. APOTHAKER & Attorneys A Law Firm Eng By: David J. TES, P.C. Dated: 5/14/2009 Our File No.: 151743 ' 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. THERESA L FISK Defendant. Civil Action AFFIDAVIT OF NON-NHLITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1806 : 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 706 HUMMEL AVE LEMOYNE, PA 17043-1831. 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 De*dant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i David J. Apc Attorney for 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. Depacbvextof Ddwse Manpower Data Center MFiny S Report Pursneat to the Servx emeuuba s Civi Rdef Act MAY-14-2009 09:13:08 Based as the kFormebm you lurve liaai d ed. the DUDC doe not possess my iaform ion indicating that the individual a caare dy as active duty: Upon searching the man data banks of the Dear of Dofimse Maupower Dda !Centa. based an do' I that you provided, the above is the cwt sus of the individual as to at branch s of true Mbmy- nllx oc.4-ate.. Mary X Smw* a, Director Department of loose Maapo wer Den Center 1600 Wiharc.Mvd, Suite 400 Axi`ia tc % VA 22209-2593 The Defense orwar Dana Center (MdI')C) is an oqpoW" of the Depart of Defame than maintains the Delense Enrolment and ElMity Reporting System ( S) database which is the all red source of daft on a Mty for okay medical care and other dew system. The Department of Defense skm* supports the pct ofthe Sexvicanataben Chi! R WAct 130 U CS Appz §§ 501 et seq] (SCRA) i mmdy the Sags' and Sailors' CH ReWAc t of 1940}. DM DC has issaad bmke& of thousands of -does n t possess any' 6 '1 iadicaEing that the i ds is cnuready an active dory" responsm and has experimced a smal error r Girt I the event 1he dal referenced above, or any faasitg member, fund. at representative assails in any m mer died the individual is on active duty, or is olbetwise eaWed to the protecdoaa of the SCRA, you are y encouraged to obtain fa<d,e?r ve on of the person`s a efiv a duty status 6ry contacting that pet 's il8lkwy Service vise the "dunk mir t3RL provided below. 3fytou have evidence the person is an active-duty and you fail to obtain this addWoml h0my Service v im provisions of the SCRA may be invoked aging you. Fyou obtain Rrtdier i on about the person (e.g., an SSN. inip m ed accuracy of DOH, a aoidcie same). you can submiet yaw request again at this Web site and we wi provide a new cettilicate for that query. This re gmse rackets current active duty stabs oar. For bistcricm is midioo, pims+e contact the MRWY Service SCRA points GUMMtD& See, btW/wwwr , WARItitM. This carti6cate wasprovided band on a mane and Sociul Se miLy tambar (SSN) pre' kkd by the re:questear. Rrovidirtg an eironcous same or SSN wi comae an =(me us certificate to be provided. Rapd"Mlff?GAV 151743 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) THERESA L FISK ) NO. 08-1806 To: THERESA L FISK 706 HUMMEL AVE LEMOYNE, PA 17043-1831 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: July 11, 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 DAV 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 w SHERIFF'S RETURN - REGULAR /?? CASE NO:. 2008.-01806 P COMMONWI?ALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS FISK THERESA L 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 FISK THERESA L the DEFENDANT at 1903:00 HOURS, on the 31st day of March 2008 at 706 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to THERESA L FISK 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: So Answers!: Docketing 18.06 Service 15.36 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 43.36 04/01/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: Z _ before me this day Deputy Sheriff of A.D. FILED-' ?- A r {v 1 117 '' I 2009 F,F%Y C2 0 Aw 10: 07 C?EY, J- j 14 oo p p ATN CU7 IM-1 IN e,U5405 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: THERESA L FISK 706 HUMMEL AVE LEMOYNE, PA 17043-1831 CAPITAL ONE BANK Plaintiff, VS. THERESA L FISK Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1806 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 a4-" 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 -f/0' W/C > 7