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HomeMy WebLinkAbout08-3078A. Oui'File Nq.: 157832 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 214520 Philadelphia, PA 19114 Plaintiff, VS. GREGORY LANHAM 421 D ST CARLISLE, PA 17013-1316 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0% - 3Orlg a-.; k -V;r '• 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 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 (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. GREGORY LANHAM 421 D ST CARLISLE, PA 17013-1316 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ©F- 3d 7,F ?t =l -7-c, CIVIL ACTION COMPLAINT FIRST COUNT 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 GREGORY LANHAM, an adult individual residing at 421 D ST CARLISLE, PA 17013-1316. 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 $1,683.00. 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 $1,683.00 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged ipepebt Collection BY: David Dated: 4/29/2008 Our File No.: 157832 e , VERIFICATION c , 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: r , 027 With Capital One" online account servicing, getting account information and Access your making payments is easy. Check out just a few of the things you can do: 3 Pay your bill online account online... -? Check your balance and available credit -; View your statement Plus, take advantage of other special offers developed especially for you! Register today at www.capitalone.com. capbwca avA.tY6y.rrawY.e2- see mwerse for deloils > 027-0402 calo ^. VISA ACCOUNT r( 4121-7419-3876-1058 Account Summary Previous Balance $912.82 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $19.64 New Balance $961.46 Minimum Amount Due S%1.46 Payment Due Date June 07, 2005 Total Credit Lae $600 Total Available Credit $.00 Credit Lae for Cash $600 Available Credit for Cash S.00 At yourservice To all Cudo er Rdatiow or to report a lost or stolen card: 1-800-798-0363 Sind payments to: Seed inquiries to: Atm: Remittance Processing Capital One Bank Capital One Sw im P.O. Bo: 790216 P.O. R. 85015 St Louis, MO 63179-0216 Ri&zuond, VA 23285-5015. Payments, Credits and Adjustments APR 08 - MAY 07, 2005 Page 1 of 1 Transactions 1 07 MAY PAST DUE FEE $29.00 "Important Notice In order for us to provide you with the most appropriate servicing options, account terms and products, we need to collect additional account information from you. PLEASE CALL US at 1-888-440-5148 and allow as to prompt you through a few simple questions. Thank you for choosing Capital One. You were assessed a past due fee of $29.00 on 05/07/2005 because your minimum payment was not received by the due date of 05/07/2005. To avoid this fee in the fume, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Chatges Plewe ree reoeneri kft important information rea PIWk C .rrrposdnr6 ?II m ! d ro raer rd. APR PURCHASES f885.75 f36.S2 .07096% 25.90% .07096% 25.90% S18.86 i,78 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT Ol 0000000 0 4121741938761058 07 09614 60016000961468 New Balance $96146 Minimum Amount Due $96146 Payment Due Date June 07, 2005 Total enclosed $ AccoaatNomber. 4121-7419-3876-1058 Ptem.jsmtmailiwgdiras ewe e-,raild?mrgrr k( .uiag? wbtank in,k aneet Apt# City State ZIP Ph.. Altetatte Phone #9012806594891233# MAIL ID NUMBER Capital One Bank GREGORY LANHAM P.O. Box 790216 lsiulualiritirlairi 421 D ST St. Louis, MO 63179-0216 N ! CARLISLE PA 17013-1316 itliuniiuumruiitluiiuurlriutilrnunr?lllininlti ? ? Pleare tariteyoar acmunt number on yoan check ar money order made payable to Capitd One Bank and moil in the encored enmbpe r -61- ? r-y r.,s # 00 C ?o ° Slb oo o C-3 50 C:7 -< SHERIFF'S RETURN - REGULAR CASE NO: 2008-03078 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS LANHAM GREGORY KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE the LANHAM GREGORY 2008 DEFENDANT at 2040:00 HOURS, on the 16th day of May at 34 WINCHESTER GARDENS CARLISLE, PA 17013-1316 GREGORY LANHAM by handing to of COMPLAINT & NOTICE together with a true and attested copy and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 C;- I? ?16 %'~ .00 3 3 . 0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/19/2008 APOTHAKER & ASSOCIATES By. tw sner A.D. of I Our File No.: 157832 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. GREGORY LANHAM Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3078 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, GREGORY LANHAM, in the default of an Answer, in the amount of $1,743.06 computed as follows: Amount claimed in complaint: $1,683.00 Amount Paid: - $(0.00) Interest from April 29, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $60.06 Costs $0.00 Attorney fees $0.00 TOTAL $1,741.06 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, GREGORY LANHAM, last know APOTHAKER & AS I Attorneys f F A Law Firm Engage in By: David J. is 421 D ST CARLISLE, PA 17013-1316. TES, P.C. Dated: 5/14/2009 Our File No.: 157832 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 CUMBERLAND COUNTY Plaintiff, VS. NO.: 08-3078 GREGORY LANHAM Defendant. 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 421 D ST CARLISLE, PA 17013-1316. 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. AR( 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. Department of'Defam Manpossr Data Ceder MAY-14-2009 09:2232 Upon seam the information, data banks of then Departmentof D se Manpower Dam fix, based an the infamatiaa do you provided, the above is the current stem cf the inOlvidwd as to all branches of the 1 y. Mary M. Saem*-Ikrt % Dinar eparbue nt of Defense - Manpower Data Center 1608 Wilson Bkvd., Suite 400 AAngtm VA 22209-2593 The Defame Manpower Data Center (MM is an otgan'rretiora of the; Dew cfDefmse !that maintains dw Defes Eft and Eligibilty Reporting Systm (DEERS) database wbich as the source official ofd as can elty for saikary oxxSeal care and other eaility systems. The Department ofD fisse strongly supports the enl rcement cfthe ervicemembe rs civil RefiefAct [50 USCS Appx_ §§ 501 et sGq] (SCRA) (bmmY the Seltliets' and Sailors! Civil RrWAct of 1940_ DUDC has issued headreds of dwasands of *dm not possess my infieemation in ending 69 the iiadividmd is cuexra dy an active duty' respoa , and has experienced a saw error rate. In the event Ihe individual ref'mace:+d above, or any family menAw, fiiaed, at representative asserts in any manner tint the in,dividual is an active duty, at is otherwise entitled to Ire protections of the SCRA, you are skon* encouraged to obtain frti 11 vin ofthe person's active duty staff by contacting ` tmag perms"s r Service via the URL provided below. If you have evidence the person is an active-dety and you fail to obtain dhis addWond Mkary Service veri6 , prorvnirms of the SCRA may be invoked against you. If you obtains taather kformaii n about the person ( e.g., an SSN, improv??ed accuracy of DOB, a name). you can submit your request again at this Web site and we w3 provide a new ce:tficnte for that query. This response re&cts current active duty stag only. For historical inkcautbok please contact the Military Service SCRA points coated. Sac; httQYhvww. mda'ac>t &m?C09SLDR *mI WAPJM4 : This date was provided based on a none and Social Scsuaity number (SSI) provided by the requester. Providing an araneaas some or SSN vvill a an erroneovis cati6cate to be provided.. RspoPtMAX PLFSZrCR 40 Milkaey Stems Report Pursuant to the Servicesrsembexs CH Rdief Act 157832 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. } COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) GREGORY LANHAM ) NO. 08-3078 To: GREGORY LANHAM 421DST CARLISLE, PA 17013-1316 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 DAVI 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: 2008-03076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS LANHAM GREGORY KENNETH GOSSEFT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE. was served upon LANHAM GREGORY the DEFENDANT , at 2040:00 HOURS, on the 16th day of May , 2008 at 34 WINCHESTER GARDENS CARLISLE, PA 17`013-1316 by handing to GREGORY LAN'HAM 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 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day of So Answers: R Thomas Kline 05/1912008 APOTHAKER & ASSOCIATES By: A. D. TLS MAY 2 ??-. ;, S L'i't. r?? r OF THE P7'- 2n0911A ? 20 Ali 10* 0 Ilk ? r\) - Cu 414-oo PAD ATT/ CK, (34715 Rl# aa5goq TO: GREGORY LANHAM 421 D ST CARLISLE, PA 17013-1316 CAPITAL ONE BANK (USA), N.A. Plaintiff, vs. GREGORY LANHAM Defendant. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3078 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. Anothaker, Esq. at this telephone number: 215-634-8920