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Home My WebLink About09-1151 Our Fite No.: 196992 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA),N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. EDDIE J MARTIR 26 S 34TH ST CAMP HILL, PA 17011-4405 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CA - 1151 NOTICE alvat 1 erw 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 Our File No.: 196992 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA),N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. EDDIE J MARTIR 26 S 34TH ST CAMP HILL, PA 17011-4405 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 4 - /1 51 Ct,uq -7-zti,N-L CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA),N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are EDDIE J MARTIR, an adult individual residing at 26 S 34TH ST CAMP HILL, PA 17011-4405. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A., issued to Defendant(s), Account #4115072499786773. 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 $1,337.81. 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 $1,337.81 and requests this Court award Plaintiff A Law Firm BY: David I Dated: 2/17/2009 fees and costs to the extent permitted by applicable law. ISOCIATES, P.C. Plaintiff ? in De ollection Esquire Our File No.: 196992 VERIFICATION tit ?I , 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 unswom falsification to authorities. DATE: ,",,,, 053 One what's in your wallet?' 2502 DESIGN It could happen to anyone. Make sure you pay the amount due on your statement as soon as possible. Keeping your credit in good standing can WHOOPS do a lot more than you think. GOOD CREDIT = GOOD CREDIT REFERENCES You're behind BETTER INTEREST RATES by I payment. (good credit could mean lower interest rates) IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) ® 2006 Capital One Services, Inc. Capital Oise is a federally regastered service mark. AU rights reserved. 053-08108 1 Small business- PLATINUM VISAACCOUNT 4115-0724-9978-6773 (?AfoHaS* REWARDS' Account r revrous tsaiance $615.47 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $13.24 New Balance $657.71 Nfinirnum Amount Due $157.71 Payment Due Date August 07, 2006 Total Credit Line $50) Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 Rewards JUN 08 - JUL 07, 2006 Page 1 of 1 Previous Mileage Balance: 451 Miles this Period: 0 Miles due to expire 10101/06: 0 Redemptions: 0 Ending Mileage Balance: 451 The mileage information reported here may not reflect all purchases on this statement or recent redemptions. For Small Business No Hassle Rewards queations or to redeem miles, simply go online to www.capitalone.com/s mallbusiness, or call the No Hassle Rewards center at 1-87739748316. Payments, Credits and Adjustments At yourservice Your scheduled payment has not been received. Please remit the amount due appearing on this statement If you have already made your payment, please accept our thanks. To all Customer Rditiom w to rgwrt a loot or stolen risk 1-800-867-0904 Transactions Smd pa7menu t« Send ingniriea ft 1 07 JUL PAST DUE FEE $29.00 Att.: Rernhw- Pmomsing Cgitd One, F.S.B. Apital One Your account is one payment behind. Remember that making your minimum payments by the due date, keeps P.O. Box 790117 P.O. Box 30285 your account in good standing. When you miss a paymenr, late fees start adding up. And nobody wants that. St Louis, MO 63179-0217 SLC, Ur 84130-0285 So make sure you send in the minimum amount due on your statement to keep your account in good standing and to keep from parrig extras fees. Important Account Information - You were assessed a past due fee of $29.00 on 07/07/2006 because your minimum payment was not received by the due date of 07/07/2006. To avoid this fee in the future, we recommend that you NOTICE: Look for a new statement design for your Capital allow at least 7 business days for your payment to reach Capital One. One Small Business Visa card begriming in August. Finance Chatges Pkaresa reurrreside * important in,*matioa ? Bdeue nrte n app/irdte - Perie!v Cary Aj?j ra ?fPR?d "?' AR? PURCHASES $383.25 CASH .07096% .25.90% $9.16 $238.58 .07096% 25.90% &5,08 ANNUAL PERCENTAGE RATE applied this period 25.90% ? PLEASE RETURN PORTION BELOW WITH PAYMENT V 0000000 7 4115072499786773 07 0657710067740157716 New Balance $657.71 Minimum Amount Due $157.71 Payment Due Date August 07, 2006 Total enclosed $ Aeoount Number. 4115-0724-9978-6773 P l e m e p - f - r - a g a a b r n . - 1 4 - a-vra;r h kw-.ZV.-e k-; gnat Apt 4 Home Phone Sh4 #9018983441599451# MAIL ID NUMBER 2502 DESIGN Capital One, F.S.B.i EDDIE J MARTIR P.O. Box 790217 IIIIII11AM11111111 m 26 S 34TH ST St. Louis, MO 63179-0217 n >i? CAMP HILL PA 17011-4405 IrILtrlLtrrllhrrlldnlltrrtrlrlttrllLrJartlllttr?tllrrl ? Irrrlllrttlllttnrrlltttl6LrLLrIllnrthlntLLllatLLd Me- wnteyarrr a4wwd number m ymo oJed or money order madepayabk to Capital One, F.S.B. and mail in the eno&arederrzeVe r ?-? hJ e"'s 3 '*z pp r? * ?; :._ y? 4''i n? I+ OO ? ? N _. ? ??` .... `"C SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-01151 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MARTIR EDDIE J 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 MARTIR EDDIE J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MARTIR EDDIE J 26 S 34TH STREET CAMP HILL, PA 17011-4405 PER CURRENT RESIDENT, NO EDDIE MARTIN LIVES AT THIS ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 13.50 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 46.50 APOTHAKER & ASSOCIATES 03/03/2009 Sworn and Subscribed to before me this day of A. D. P , LO P S -y L A. l 4?i.? ?LL- t= ? 1 y C) C N v 520 Fellowship Road, C306 Return: Mount Laurel, NJ 08054 OFFICE OF THE SHERIFF Cumberland County Courthouse Carlisle, PA Date: 2/27109 Atty: David Apothaker J/2/ Lei /qo i ' NO: 2009-1151 Civil Term Complaint and Notice Capital One Bank (USA) N.A. vs. Eddie J. Martir 26 South 34th Street Camp Hill (Borough PA I.)& Rv F R3 y : jvl -G.Ar C-n Zs, Z-00 I Sheriff Costs Docketing ! 8, 00 Service ,S?JRet4 A(ZL--f- 60 of v, Ov sus Pb ey A pahc-ker e 1? sSc,. Person Served Title (M/F) Address Date Time Dep Initials Mileage Code 196992 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: 2oq- I lv, Tese, is 6 CAPITAL ONE BANK (USA),N.A. Expiration Date: VkAitRe. A 7--7:12-06q Type of Action: Complaint Civil Action Defendant/s: EDDIE J MARTIR Serve Upon: EDDIE J MARTIR Address for Service: 26 S 34TH ST CAMP HILL, PA 17011-4405 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge (} Deputize O Certified Mail O Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Tele hone: 215-634-8920 9s :E d 9z 833 hool ,,t Our File No.: 196992 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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. EDDIE J MARTIR Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-1151 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. A Law Firm E By: David J. / Debt Collection Esquire Dated: 3/17/2009 r-o `a