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Home My WebLink About08-5108Our File No.: 172979 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-.9108 0.1U. L l 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. 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 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b C? ?? T G?? ti- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are DAVID J MOORS, an adult individual residing at 244 MEALS DR CARLISLE, PA 17015-3183. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5480420006076903; and said account was issued to Defendant(s) by HSBC, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $2,352.55. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) 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 y$2,352.55 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for P tiff A Law Firm Engaged ' ebt Collection BY: David J. Apotlfdkr, Esquire Dated: 8/13/2008 Our File No.: 172979 VERIFICATION ('Q1.?P.s??? ?_ ??nu hereby states that I am kA-v i -M Q,Waae inflye 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. &mm P1 ff DATE: ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 STATEMENT OF ACCOUNT Debtor's Name: DAVID J MOORE Account Number: 5480420006076903 Original Creditor: HSBC Balance Due: $2,352.55 Our File No.: 172979 EXHIBIT "A" /'7zy?y Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 R-r• 717 7dn 4107 Plaintiff/s: ourt Number: / Expiration Date: Type of Action: YP CIVIL COMPLAINT Defendant/s:, ?j Serve Upon: Address for Se e: " Alternate Ad ss for Service: Type of Service: ]b Persona( ? Adult in Charge ? Deputize ? Certified Mail ? Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: DAVID J. APOTHAKER, ESQUIRE Address: 2417 WELSH ROAD SUITE 21 #520 PHILA., PA 19114 215-634-8920 W n a +a. d C"? ?a CE CE N ?t (A "t7 cn .r-• J 35 'Dv) SHERIFF'S RETURN - REGULAR CASE NO: 2008-05108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS MOORE DAVID J MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MOORE DAVID J was served upon DEFENDANT at 244 MEALS DR CARLISLE, PA 17015-3183 DAVID J MOORE DEFENDANT by handing to 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 9lb91OgQ, 00 3,x.00 Sworn and Subscibed to before me this day the at 0019:05 HOURS, on the 27th day of August , 2008 So Answers: R. Thomas Kline 08/28/2008 APOTHAKER & ASSOC TES By. De t Sher ff of A. D. Our File No.: 172979 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff, VS. DAVID J MOORE Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5108 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, DAVID J MOORE, in the default of an Answer, in the amount of $2,540.54 computed as follows: Amount claimed in complaint: $2,352.55 Amount Paid: - $(0.00) Interest from August 13, 2008 to 03/20/09 at the legal interest rate of 6.000 per annum $76.49 Attorney fees $0.00 TOTAL $2,429.04 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, DAVID J MOORE, last know address is 244 MEALS DR CARLISLE, PA 17015-3183. APOTHAKER & Attorneys A Law Firm Enaae By: David MATES, P.C. Collection Dated: 3/20/2009 ? , I Our File No.: 172979 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 ATLANTIC CREDIT & FINANCE ) COURT OF COMMON PLEAS OF INC. ASSIGNEE FROM HSBC ) CUMBERLAND COUNTY Plaintiff, ) vs. ) NO.: 08-5108 DAVID J MOORE ) Civil Action Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND 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 244 MEALS DR CARLISLE, PA 17015-3183. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if the Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the Y David J. ?kpothaker Attorney ?K Plaintiff Data Center, located at 1600 Wilson is/are in any branch of the military. 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 unworn falsification to authorities. y Deparwwot dDdvwe)lxWo ar Dda CwAo r pm** to the Swviceue =brrs CW Rc Act Olt, may m SaiAV*-Dmn, Ditectar Departmeen of'Defimse - Mump*wer Dab +Cerrder 16OO Vf`i soreBkd,, Smite 4O4 Aron, VA 22200593 MAR-20-2M 14:00:15 The De mse Mm*ororer Data Ceder (DWM0 n an org+n ion of the Department ofDelbose dkm maiotasns the Defiease Ewoba t mnd 1 ity Re pw%g Systn m (DEEM daaeabaae which is *e offieW some of data orr e> ty forwd wry rne,' sl carne and Aff rls y systems. The Departaaeot of De'finse str*o* wpporM the enforcement ofdae Ser*Amembers C aidTa dkdAct [50 USCS Appsc $f 501 et sex j MR4 Oonmly the SoAm' nasal Savors` C I efArt of 1940). D1IDC bar issued buie&v& ofd oE" does not possess ow idon moon me cmirrg drat the m&vkiW a unready on actve duty"` real wwes,. anal has eaperi+e=d a =A emaar rate. In do a:vatot the indondual refirenced above, at any hmily member, fi od, or representative assert: in say mmm dial the individual is *a w*re duty. or u odvnrisre andided to the pr*teewo of ire SC A , you are straggly a ncoara®ed ea obtain Aurdier verficaiC m of6 a person's wwre +dutj stow by comwol that paxsoa's.I fffty Service visa the'daweiit Lnvr IDI pm ded blow. Tyau have evidence die person u on active. ty and you Eai to obtain thin addWowA bdksa y Se nke vefcation. Provisions ofthe SCRA may be invokod ovind you. Ifyoaa obtain tSxdaer okmniaa:bont she parsovn (et. an SSN. inyarova,d a miry ofDCB. a middle riam4 you can vAu* your request again at this Web site and we wd provide a new cart&ste for that query. This respoase redects onremt active duty s only. For birborical barb, please contact dw lQUy Service SCRA pow- of-coma See 'WEAR O, This cerAwte was :pra vi&d based as a some sad :scud SecuriW saamber (SM provided by due sequesfisar, Pmvidiirg hn erroaectrs name or SW wii comas an wroaeous ca i6ca le to be p )mded Apwm.RpovffCffClpv ijpori aowthing the wfmu*m daps bunks ofdne DrFpanetsai * arfDdkow Ma*oanm Bata Ctow, biassed on ** id'osaaatiorr dust you paroa dead, d above is dec two* status ofthes iudi±riahtat an to A bataanches of IM Iuln7aitsry. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05108 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS MOORE DAVID J MARK CONKLIN SEP 151008 , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOORE DAVID J the DEFENDANT , at 0019:05 HOURS, on the 27th day of August , 2008 at 244 MEALS DR CARLISLE, PA 17015-3183 by handing to DAVID J MOORE DEFENDANT 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 So Answers: R. Thomas Kline 08/28/2008 APOTHAKER & ;7-DOelAitj?-the-rif By: f of A. D. .172979 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ATLANTIC CREDIT & FINANCE INC. ASSIGNEE ) COURT OF COMMON PLEAS FROM HSBC ) CUMBERLAND COUNTY ) vs. ) NO. 08-5108 DAVID J MOORE ) To: DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 29, 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 OBJECTI(JNS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE tNTERED 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 is) DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 1 t 0o . t TO: DAVID J MOORE 244 MEALS DR CARLISLE, PA 17015-3183 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff, vs. DAVID J MOORE Defendant. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5108 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, E& at this telephone number: 215-634-8920 ?. ? t?,. e . WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan I.D. No. 47437 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9412140 ? ?1??c??1N0?dOTA Attorne? r ffltiff s ?;u?aERLa? ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff vs. CUMBERLAND County Court of Common Pleas No.: 08-5108 DAVID J MOORE Defendant(s) PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Plaintiff in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Movitifff Attorney for PI WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5108 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF £PJY COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE, INC., ASSIGNEE FROM HSBC Plaintiff (s) From DAVID J. MOORE, 126 Lincoln Street, Westfield, PA 16950 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of' GARNISHEE(S) as follows: NORTHWEST SAVINGS BANK, 535 SMITHFIELD STREET, SUITE 102, PITTSBURGH, PA 15222 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1999.82 Interest $62.11 Atty's Comm % Atty Paid $157.00 Plaintiff Paid Date: 4/27/12 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMEBRLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC CREDIT & FINANCE, INC ASSIGNEE FROM HSBC Plaintiff VS. Civil Action No. 08-5108 DAVID J MOORE 2 V Lv? cp\%m S} to R5o Defendant W27ZA'e1d A Siv,?-VI R'e ld ? . NORTHWEST SAVINGS BANK, SC3 iV a 1 ??,? t 1 saa-a Garnishee PRAECIPE TO INDEX WRIT OF EXECUTION AND ENTER IT IN THE JUDGMENT INDEX TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of ALLEGHENY County: 2. against DAVID J MOORE, Defendant 3. against NORTHWEST SAVINGS BANK, Garnishee 4. and enter this writ in the judgment index (a) against DAVID J MOORE, defendant, and (b) against NORTHWEST SAVINGS BANK, as garnishee, c ; 't 7 C-? r? as a lis pendens against real property of the defendant in the name of garnishee as follows: :. 0 ---i C-.7 -;; Any and/or all personal property belonging to the defendant(s) in possession of the garnishee(s). Judgment Amount Less payments of Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 2429.04 $ 429.22 $ 62.11 $ 1999.82 f WELTMAN, WEINBERG & REIS CO., L.P.A. -7 g. 36 "[to'(( a. sd"ti ?- "?g57.00 By: .G - vey William T Molczan, Esquir PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 . So LL- Ck-? ld?l?38z? t2 AL a-7 L/3so ATLANTIC CREDIT 8c FINANCE INC. SUCCESSOR FROM HSBC WELT1ViAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9412140 Attorney for Plantltl~(s) vs. DAVID J MOORS, and NORTHWEST SAVINGS BANK Garnishees) CUMBERLAND County Court of Common Pleas N0.08-5108 PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: -~ N G c~ ~r -G f.. 0 7~"~ _ ~ ...~•y ~::.~+°: r~ ~° -~ j..r, ~~ Kindly mark the above matter discontinued and ended as to Garnishee(s), NORTHWEST SAVINGS BANK, , only. WELTMAN, WEINBERG & REIS CO., L.P.A. By ,'' William . Molc Esquire Attorney for Plainn CtC~ 0~~9~ v a~93(o9