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Home My WebLink About08-1973O/ Our File No.: 147908 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 A.F.S. ASSIGNEE OF HOUSEHOLD 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.. M - Jq 13 0,Ni ( -Tern., RALPH J SMYTH 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980 Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must tal within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by alto filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail the case may proceed without you and a judgment may be entered against you by the court without further notice for anclaimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or oth important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y 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 sil usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted pued dinero o sus propiedades a otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AS LEGAL. action ey and odo so money r rights t OR CAN sscnta o si usted la corte perder EL CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 t" 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 A.F.S. ASSIGNEE OF HOUSEHOLD BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. RALPH J SMYTH 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, A.F.S. ASSIGNEE OF HOUSEHOLD BANK, is a company with its principal business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, P 19114. 2. Defendant is RALPH J SMYTH, an adult individual residing at 18 BETTY NELSON 133 CARLISLE, PA 17013-8980. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. 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". The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods 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 of LOT goods A true and/or leaving a balance due and owing of $6,456.02. above. 8. Although demand has been made, Defendant has failed to make payment of the amount due as 9. The original creditor is SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,456.02 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attoor Plaintiff A Law Firm E ?a d in Debt Collection BY: David J. Dated: 3/24/2008 Our File No.: 147908 VERIFICATION David I Apothaker, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorize 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 a made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. David 1, Apothaker Attorney r Plaintiff DATE: 3/24/2008 A - A.F.S. ASSIGNEE OF HOUSEHOLD BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 RALPH J SMYTH 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980 STATEMENT OF ACCOUNT Debtor's Name: RALPH J SMYTH Account Number: 0206604900167132 Original Creditor: SEARS Balance Due: $6,456.02 Our File No.: 147908 EXHIBIT "A" 4A C? L7 ?p 00 a? n ^f 00 t 00 . O co 5r Qp 'p 00 --> -. aD I SHERIFF'S RETURN - REGULAR CASE NO: 2008-01973 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND A F S VS SMYTH RALPH J MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMYTH RALPH J the DEFENDANT , at 1130:00 HOURS, on the 31st day of March , 2008 at 18 BETTY NELSON COURT CARLISLE, PA 17013 DEB SMYTH, WIFE 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 5.76 Affidavit .00 Surcharge 10.00 .00 33.76 Sworn and Subscibed to before me this day LOT 35 So Answers: R. Thomas Kline 04/01/2008 APOTHAKER & ASSOCIATES By: Z eputy Sheriff of A. D. A Our File No.: 147908 BY: David J. Apothaker, Esq. APOTHAKER & ASSOCIATES, P.C. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff A.F.S. ASSIGNEE OF HOUSEHOLD BANK C/O David J. Apothaker, Esq. 2417 Welsh Rd., Ste. 520 #21 Philadelphia, PA 19114 Plaintiff, VS. RALPH J SMYTH 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1973 Civil Action PRAECIPE TO SUBSTITUTE PARTY PLAINTIFF AS PER Pa RULE 2352 (a) TO THE PROTHONOTARY: Kindly substitute as Party Plaintiff, Arrow Financial Services LLC, in this action. The right to substitution is based upon the following facts: Arrow Financial Services LLC, is the proper corporate name for Plaintiff, A.F.S. ASSIGNEE OF HOUSEHOLD BANK, the name that Plaintiff used when this civil action was commenced, was used as a result of a clerical error. Defendant's rights will not be prejudiced by this change. By: David ;OCIATES, P.C. Plaintiff Dated: April 21, 2008 0 -{1 r `` t'.. car .:,..-i Our File No.: 147908 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 ARROW FINANCIAL SERVICES LLC Plaintiff, vs. RALPH J SMYTH Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1973 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, RALPH J SMYTH, in the default of an Answer, in the amount of $6,718.70 computed as follows: Amount claimed in complaint: $6,456.02 Amount Paid: - $(0.00) Interest from March 24, 2008 to 06/18/09 at the legal interest rate of 6.000 per annum $262.68 Costs $0.00 Attorney fees $0.00 TOTAL $6,718.70 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, RALPH J SMYTH, last know address is 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980. APOTHAKER AttorJ A Law Firm Eh By: SOCIATES, P.C. Plaintiff in DeJ.-tCollectioi Apothaker Dated: 6/18/2009 Our File No.:.147901? 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 ARROW FINANCIAL SERVICES LLC vs. Plaintiff, RALPH J SMYTH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1973 Civil Action 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 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980. 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 e power Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the milit David J. \pothaker 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. Department of Defense Manpower Data Center JUN-18-2009 10.51:03 -Military Status Report ' Pursuant o the Sen icemembers Chit Relief Act ?. Last 1 ame F"ust?? iddle Begin Date Active Duty Status Sen-i?elAgency S:NIn-TH RALPH J Based on the information vou have furnished, the D'?\ IDG does not possess -my 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 itary, rk.,.r? Mary M. Snatv=ely-Dixon, Director Department of Defense - Manpovver Data Center 1600 Wilson Blvd- Suite 400 Arlington, VA 2?209-2593 The Defense Manpower Data Center (D IDC) is an organization of the Department ofDef"er se that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligita - for military medical care and other el g'bslr'ty systems_ The Department of Defense strongly- supports the enforcement of the Se:rvicemembers Civil Relief Act [50 USC.S Apex- § 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940)_ D_MD+C has issued hundreds of thousands of "does not possess any information indicating that the individual is currenth, on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member- firiend, or representative asserts in any manner that the individual is on activ=e duty: or is otherwise entitled to the protections of the 5CRA, you are strongly encouraged to obtain father verification of the person's active duty status by contacting that persons s'vfi fy Service via the "defenselink.mI URL provided below_ If you have evidence the person is on active-duty and you fasrl to obtain this additional _fikary Service v=erification, provisions office SCRA may be inv=oked 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 gent active duty status only. For historical information, please contact the -M itary Service SCRA points- of-contact See. http a ;? v; .d fenselink mill'faq.'pis`PC,09SLDR.htrrJ NV.ARNING. This certificate was prodded based on a name and. Social Security number (SS I) prov=ided by the requester. Provid ng an erroneous name or S51' will cause an erroneous certificate to be provvide& _Re rrM_BYFQBLZ1L4Er ' 147908 OFFICE OF THE PROTHONOTARY ' COURT OF COMMON PLEAS CUMBERLAND COUNTY ARROW FINANCIAL SERVICES LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) RALPH J SMYTH ) NO. 08-1973 To: RALPH J SMYTH 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 DA I . 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: 2008-01973 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND A F S VS SMYTH RALPH J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMYTH RALPH J the DEFENDANT at 1130:00 HOURS, on the 31st day of March 2008 at 18 BETTY NELSON COURT LOT 35 CARLISLE, PA 17013 by handing to DEB SMYTH, WIFE a true and attested copy of COMPLAINT & NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.76 Affidavit .00 Surcharge 10.00 .00 33.76 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/01/2.008 APOTHAKER & ASSOCIATES By: 5eputy Sheriff of A. D. together with $14. co 0 0 A'p't`/ (xV l 3478 q RTt aalao7 K'?ku Wuw OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: RALPH J SMYTH 18 BETTY NELSON CT LOT 133 CARLISLE, PA 17013-8980 ARROW FINANCIAL SERVICES LLC Plaintiff, vs. RALPH J SMYTH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1973 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, Esg.at this telephone number: 215-634-8920 /-S/ "- Q &/(25 /07