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Home My WebLink About08-4370d PAUL J. KLEMM, ESQUIRE NUDELMAN, NUDELMAN, & ZIERING, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 08068 973-618-0000 in R 4717r% ATTORNEY FOR PLAINTIFF CAPITAL ONE AUTO FINANCE Plaintiff(s) V. ROMAN AVADIAEV and LIOUBOV AVADIAEVA Defendant(s) CUMBERLAND COUNTY t/37d 01'VI1 Pay? COMPLAINT IN CIVIL ACTION 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. AVISO Le han demandado a usted en la carte. Si usted quiere defenderse de 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 en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede continuar le demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u ortros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL COURT ADMINISTRATOR Cumberland County Courthouse 1 Courthouse Square, 4`n Square Carlisle, PA 19013-3387 (717) 240-6200 SERVICIO DE REFERENCIA LEGAL COURT ADMINISTRATOR Cumberland County Courthouse 1 Courthouse Square, 4`" Square Carlisle, PA 19013-3387 (717) 240-6200 PAUL J. KLEMM, ESQUIRE NUDLEMAN, NUDELMAN, & ZIERING, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID #92125 CAPITAL ONE AUTO FINANCE, INC. Plaintiff(s) V. ROMAN AVADIAEV and LIOUBOV AVADIAEVA Defendant(s) ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE AUTO FINANCE, INC., by and through its attorney, Paul J. Klemm and the law offices of Nudelman, Nudelman & Ziering, P.C., and files the following Complaint in Civil Action and in support thereof aver as follows: 1. Plaintiff, CAPITAL ONE AUTO FINANCE, INC. , is a corporation licensed to do business in the State of Pennsylvania. 2. Defendant, ROMAN AVADIAEV, is an individual and citizen of the Commonwealth of Pennsylvania, who is believed to currently reside at 5 RICHLAND LANE APT 12, CAMP HILL PA 17011. 3. Defendant, LIOUBOV AVADIAEVA, is an individual and citizen of the Commonwealth of Pennsylvania, who is believed to currently reside at 5 RICHALAND AV, CAMP HILL PA 17011. I -, - • 4. At the request and insistence of the Defendants, the aforesaid Defendants entered into a written Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a dealer (Seller). 5. Seller thereafter assigned the Contract to Plaintiff, Capital One Auto Finance, Inc. 6. Pursuant to the terms of the Contract, Defendants were to make payments to Plaintiff. 7. The terms of the Contract provide for termination upon satisfaction by Defendants of all obligations provided thereunder. 8. Plaintiff avers that Defendants defaulted under the Contract by failing to make payments to Plaintiff as promised. 9. Due to Defendants' default under the Contract, Plaintiff exercised its rights to terminate the Contract and retake possession of the vehicle. 10. After calculating early termination charges due to Plaintiff, and proceeds from sale, if any, Plaintiff avers that a deficiency balance of $6,708.67 is due from Defendants as of the present date. 11. The terms of the Contract provide that Defendants will pay Plaintiff s reasonable attorney's fees. 12. Defendants' have made payments totaling $.00 and are entitled to credit for said payments. 13. Despite repeated request, Defendants have willfully failed and/or refused to pay the aforesaid sum due. Wherefore, Plaintiff demands Judgment in its favor and against the Defendants in the amount of $6,708.67, plus attorney fees of $1,811.34, continuing interest thereon at the legal rate from the date of Judgment plus anticipated court costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: NUDELMAN, NUDELMAN & ZIERING, P.C. Paul J. Klemm, Esquire 425 Eagle Rock Avenue Roseland, NJ 07068 (973) 618-0000 VERIFICATION The undersigned, Paul J. Klemm, Esquire, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed this verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The undersigned understands that the statements herein are made subject to the penalties of 19 Pa.C.S.A Section 4904 relating to unsworn falsification to authorities. Date: June 5, 2008 Pa J. Klemm, Esquire Nudleman, Nudelman & Ziering, P.C. 425 Eagle Rock Avenue Roseland, NJ 07068 (973) 618-0000 r , 4 All, G1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04370 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE AUTO FINANCE VS AVADIAEV ROMAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT AVADIAEV ROMAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , AVADIAEV ROMAN 5 RICHLAND LANE APT 12 CAMP HILL, PA 17011 PER POST OFFICE, DEFENDANT LIVES IN PHILADELPHIA. Sheriff's Costs: Docketing 18.00 Service ? og 15.00 Not Found gla?_0 5.00 Surcharge v 10.00 .00 48.00 So answer_a- -, ?- r- R . ThoT&s Kline Sheriff of Cumberland County NUDELMAN NUDELMAN ZIERING 08/05/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04370 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE AUTO FINANCE VS AVADIAEV ROMAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT AVADIAEV LIOUBOV but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , AVADIAEV LIOUBOV 5 RICHLAND LANE APT 12 CAMP HILL, PA 17011 PER POST OFFICE, DEFENDANT LIVES IN PHILADELPHIA. Sheriff's Costs: So answer Docketing 6.00 Service ? 8 .00 Not Found 8??°7 D 5.00 R. Tho s Kline Surcharge DID 10.00 Sheriff of Cumberland County .00 21.00 NUDELMAN NUDELMAN ZIERING 08/05/2008 Sworn and Subscribed to before me this day of , A. D. JENNIFER L. FORD, Plaintiff V. MICHAEL E. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-4730 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 6, 2008, and served on August 8, 2008, as indicated in Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 21-7107 jme?' - , (:::)t 111"t? Jennifer Ford, P i iff FILE T'1 I- IOE l7 THE ?fiPRY 2009 MA -8 PM 2'. 25) JENNIFER L. FORD, Plaintiff V. MICHAEL E. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-4730 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 51 1 Q? OrJAAA? 4? ' /? Jennifer . Ford, P ai tiff FILED-4??`"._i' .? 1 tlrC OF THE: RRDTH, 2009 MAY -$ Phi 2: 2 5 CUM- ?? JENNIFER L. FORD, Plaintiff V. MICHAEL E. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-4730 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(dv1) of the D Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: August 8, 2008, by service upon attorney of record, Michael A. Scherer, Esquire, as indicated in Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 5/7/09 by Defendant: 4/29/09 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 5/8/09 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 5/1/09 ?ASS iffie, Esq ire (;;IFFIE & OCIATES Attorney for Plaintiff OF THE 17`07TARY 2009 MAY --s P 2= 2 4I ,?? t.Jr -David 1n. Bueff Prothonotary KirkS. Sohonage, ESQ, Soricitor Wnee X Simpson 1" Deputy Prothonotary Irene E. Morrow 2 d Deputy Prothonotary Office of the 1tothonotary Cumberland County, (Pennsylvania of; -'9.37 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 4 Suite 100 0 Carlisle, ?P.A 17013 9 (717 240-6195 0 Fax (717 240-6573