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Home My WebLink About09-1171Our File No.: 197190 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. STEVE MACIVOR 2 W WINDING HILL RD MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 09 - /1 ^// n C.: t v t? I E".- - 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 Our File No.: 197190 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. STEVE MACIVOR 2 W WINDING HILL RD MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9- / l q f ot?%Q -u..•- 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 STEVE MACIVOR, an adult individual residing at 2 W WINDING HILL RD MECHANICSBURG, PA 17050. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A., issued to Defendant(s), Account #4388642030824778. 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 $1,562.72. 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 $1,562.72 and requests this Court award Plaintiff attorneys fees and costs to the extent permitted by applicable law. APOTHAKE & ASSOCIATES, P.C. Att me for Plaintiff A Law F' En ed in Debt Collection BY: Davi J. aker, Esquire Dated: 2/20/2009 Our File No.: 197190 VERIFICATION 41. XI I hereby states that I am for plaintiff in this I IV W11A 1,141 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: t b fl a 0 cu u ri ? _, x cu u u v U ? it O ti ? n w a o a? T ? O A \ O'al ? a t ?r p 79 a ? a It U > o s L n J rl p o h N N N O c O r? E CV ,? J G v :j y ;? GHQ u -24 VR t- CqMWaFCW what's in your wallet?* STEVE MACIVOR NOT PAYING YOUR DEBT 058 DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our t, check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you tar or pay the amount due on your statement within 30 dM to keep your account from being charged off. ® 2006 Capital One Senuw, Inc. Capita! One it a frdend& rr uLmd xroin mark. All rig1,V rcrerv 058.07754 CqW Acootmt -is is rnuance edits and Adjustments $86037 $.00 Tracaacnons $29.00 Finance Charges $21.44 New Balance $910.81 Minimum Amount Due $910.81 Payment Due Date October 27, 2006 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 Atyouromf= To call Co tomer RAstiom or to mport a lost or Alan card: 1-800-903-3637 Sad Psymem, to: Sad itigiuda to: Attn: Re n to-P-in8 .. Capital One Bank One , P.O. Box 70884 P.O. w 90285 Cl srko,4 NC 28272-0884 SLC, UT 84im-=.5 Important Acoount Information Beginning October 164 2006, based on your account activity you be amswd more than two late, osclimiy cr renrned check that occur during anybdh gpm d. PLATINUM VISA ACCOUNT AUG 28 - SEP 27, 2006 4388-6420-3082-4778 Page 1 of 1 Payments, Credits and Adiustments Transactions 1 27 SEP PAST DUE FEE $29.00 Your account is six Payments behind. Ifwe charge offy0ur account due to late payments, we will report this to several national credit bureaus which may have a serious impact on your credit record. Act now to prevent this from happening. Please pay the amount due on your statement or give us a call at 1.800.955.6600. Well work with you so you can take control of your Capital One account and start rebuilding your credit. NOTICE: Look for a new statement design for your Capital One credit card beginning next month. A summary of the key changes will be provided with your new statement. You were assessed a past due fee of $29.00 on 09/27/2006 because your minimum payment was not received by the due date of 09/27/2006. To amid this fee in the frture, we recommend that you allow at least 7 business days for your payment to reach Capital One. Fmmcc Charge Pkaxtarmmerideforimp,Mant sa/{»aration ? ? Prnelr ? 141 ' - PURCHASES !870.69 l.r LYKIaL .07942%P 28.99% l2L44 0.00 .07%2%P 28.9996 S.00 ANNUAL PERCENTAGE RATE a li d thi i d pp e s per o 28,99% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4388642030824778 27 0910810034120910818 New Balance $910 81 Minimum Amount Due $910.81 Payment Due Date October 27, 2006 Total enclosed $ AccountNumbe 4388-6420-3082-4778 Capital One Bank P.O. Box 70884 Irlrrlrrllrllrrrllrrrl Charlotte, NC 28272-0884 IrrLIlrrLrrlrllrrrlrrLlllrrd<JrlrrLrlrJlhrlrrLrlLrrll Pf-prixfswi!arddir .xd/irr+iv7e6eyr.irkm.rcdyN<arerblaeE url'. Strxt Apt # Cie sao ZIP H-Ph.. Jut maw Pmn< im.Aed,<,. #9027140376634238# MAIL ID NUMBER ?m STEVE MACIVOR m 4015 GETTYSBURG RD CAMP HILL PA 17011-6708 ° ? LrrlllrrrllLrrnJlrrrlldLJrrrlll<rrhrlnrrllrlrlrtrlLl Pknre raritcynro•armuntnunhe myour r/xck car nwney Id,raadepayabte I Capital One Bank md-din themdamd- Pd ..- ?'. iU ?. ? '} , ? ? ? ??' C fl ..? ? . V ? `a rya ?--? ?? -:-? C N Q1 -,?, ?? Cg1 C.'?i r_ ? ,? Z -j7 (""^. ?. >? ,_;,, ;! YC SHERIFF'S RETURN - REGULAR CASE NO: 2009-01171 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS MACIVOR STEVE SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACIVOR STEVE the DEFENDANT , at 0009:13 HOURS, on the 28th day of February , 2009 at 2 WEST WINDING HILL ROAD MECHANICSBURG, PA 17050 DEBBIE KEGEL by handing to ADULT IN CHARGE 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 Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 9.00 r2ooooof .00 10.00 R. Thomas Kline .00 37.00 03/02/2009 APOTHAKER & 0 ATES By: day Deputy Sheriff of A. D. _ CxJ