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HomeMy WebLinkAbout08-3000Our ??iie No.: 151112 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 (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. SUSAN E EMEIGH 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0$ - 300o C V i t l err?? 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 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 INIv EDIATAMENTE. SI NO TIENE ABOGADO 0 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 APG'FHAKER & 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 (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. SUSAN E EMEIGH 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF-,3#&0 C'. Q r.A. " CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., 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 SUSAN E EMEIGH, an adult individual residing at 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837. 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 $1,294.60. 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 $1,294.60 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. SECOND COUNT 9. 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 "B". 10. Defendant received and accepted the goods and/or services described in Exhibit "B". 11. The prices set forth in Exhibit "B" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 12. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "B". 13. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $1,333.72. 14. 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 $1,333.72 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. ' WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,628.32 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fb;,Plaintiff A Law Firm EngagoKn Debt Collection BY: David Dated: 4/24/2008 Our File No.: 151112 VERIFICATION t 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 convect 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 (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 SUSAN E EMEIGH 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 STATEMENT OF ACCOUNT Debtor's Name: SUSAN E EMEIGH Account Number: 5178052309450043 Balance Due: $1,294.60 Our File No.: 151112 EXHIBIT "A" CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 SUSAN E EMEIGH 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 STATEMENT OF ACCOUNT Debtor's Name: SUSAN E EMEIGH Account Number: 5178052328288796 Balance Due: $1,333.72 Our File No.: 151142 EXHIBIT "B" P oo C ra O -n fb o p ji 'r°: ` x?• -< m? 00 o? W " CLA SHERIFF'S RETURN - REGULAR CASE NO: 2008-03000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS EMEIGH SUSAN E KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EMEIGH SUSAN E the DEFENDANT at 2050:00 HOURS, on the 16th day of May 2008 at 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 by handing to SUSAN EMEIGH 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 5.00 Affidavit .00 Surcharge 10.00 5?ad?Up ?. .00 3 Sworn and Subscibed to before me this __ day of So Answers: R. Thomas Kline 05/19/2008 APOTHAKER & ASSOCIATES By. S ff t /4- A. D. Our File No.: 151112 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 (USA), N.A. ) COURT OF COMMON PLEAS OF Plaintiff, ) CUMBERLAND COUNTY VS. ) NO.: 08-3000 SUSAN E EMEIGH ) Defendant. ) Civil Action PRAEC1 PE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, SUSAN E EMEIGH, in the default of an Answer, in the amount of $2,718.73computed as follows: Amount claimed in complaint: $2,628.32 Amount Paid: - $(0.00) Interest from April 24, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $90.41 Costs $55.75 Attorney fees $0.00 TOTAL $2,718.73 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, SUSAN E EMEIGH, last know address is 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837. APOTHAKER & Attorneys A Law Firm Eneae By: David J. RTES, P.C. Collection Dated: 5/14/2009 Our File No.: 151112 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 (USA), N.A. Plaintiff, VS. SUSAN E EMEIGH Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3000 . 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 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837. 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 DAndant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defense indicated that the Defendant(s) is/are not in the military. David J. Apothffl Attorney for Plai Data Qenter 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. DgwUneant of Ddense Manpoweer Data Center MAY-14-2009 M.10. Upon sending the irdaemetiaa deta banks ofthe De wumeot of Ike Mimpuwa Data Center, based on the won that you provided, the above is thie current of the bdk*bd as to A bruedMes of the Mary. Ahvt Macy M. Sstav*: I1 zm Dzedme Dqx rkawl of Ddense - Manpower Dame Center 1600 Wlsw Blvd., Sake 400 VA 22209-2593 71w Defimse Mugmwa Data Center (i M)C) is anal an of the art of Defewe !halt nsaintaints the: Defime Enabsent and ty Report Systems (DEERS) ddabase w1ki is the ofrid souce of dew on dips Sty for musty mead care sad adw elgae by systwns. The Ot t of De&wse stram#y spares the erdweeme nt ofibe Sesvic rs Civil RelefAet 150 USCS Appx- §§ 501 et segl] (SC RA) foonedy the Sabers! and Sallod. RAWAet of 1940). DUDC has issued hadoeds oftousawls of -does not possess any 3edic ethng that the individoidis cowed as w6we dw/ r egxxm s, nerd has cqmimeed a smut error rate. In the event the iadvidedncferartcaed above, or my finify , friaud, or reseatnfivse asseft is my mommer that the it& idad is on active duty, at is otherwise a nthled to the pvlecdcas of the SCRA, you we swam* encouraged t3D obtsiu finder verficaden of the persons active duty staters by ? dot peesoWs Mdry Seavice via the •ciefmae?lr I URL provided blow. Nyno have evidence the person is an active fluty and you M to obtain this ad &km hGkKy Service veffiradm peommons of the SCRA nuty be invoiced againit yoLL Myou obtain 5mtN idarnadon about the person (e.g., an SSN, impmv+ed racy of DOB, a naidc?e scene), you can submit your regwst agoin d this Web shr and we add provide a new cami is ute for dul query. This response reBects current aciv a day status only. For historical irfornhown, *m coated the Mitacy Service SCRA points- of-contact. Sac: h N: WARNM. Ibis cufficate was prssAd d lamed can a mane and Swam Swwity amber (SSN) wovided by tees r etpgcr. E'roviidag an r?saneons sane or M vl curse an enceem c to be provided. Raport-M l"X NGG wry Std Rqx tt Puma t to the Servcenaembess CH Refief Act 151112 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) SUSAN E EMEIGH ) NO. 08-3000 To: SUSAN E EMEIGH 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: June 17, 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 Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 DA JA Law. Firm Engaged in APOTHAKER, ESQUIRE APOT R & Debt ASSOCIATES PC SHERIFF'S RETURN - REGULAR CASE NO: 2008-03000 P Tom,. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS EMEIGH SUSAN E KENNETH GOSSERT . Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EMEIGH SUSAN E the DEFENDANT at 2050:00 HOURS, on the 16th day of May , 2008 at 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 by handing to SUSAN EMEIGH 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 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day of R. Thomas Kline 05/19/2008 APOTHAKER & ASSOCIATES By: A. D. So Answers: ?Z// //-? P S ff « I 7HE 24G9I'1'`r' 12 0 Ali 10: 0u I Art,_ 414.00 pD WY 1.3mI '1 ??oa TO: SUSAN E EMEIGH 465 WOLF BRIDGE RD CARLISLE, PA 17013-8837 CAPITAL ONE BANK (USA), N.A. Plaintiff, VS. SUSAN E EMEIGH Defendant. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3000 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 51%?