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HomeMy WebLinkAbout01-4885APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorneys for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 with 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 my 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 ONE. 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 BARASSOCIATION 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 ana 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 provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO 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 Attorney I.D.#38423 1341 N. Delaware A~,enue, Suite 405' Philadelphia, PA 19125 (800) 672-0215 Attorneys for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: O, - CW1L ACTION COMPLAINT FIRST COUNT 1. Plaintiff, OSI FUNDING CORP., is a company with its principal place of business located at 2425 Commerce Ave. Duluth, GA 30096. 2. Defendant is THOMAS C VIA, an adult individual residing at 221 OLD STATE RD GARDNERS, PA 17324. 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 Plaintiff's records. A tree 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 $9,353.03. above. 8. Although demand has been' made,. Defendant has failed to make payment of the mount due as WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $9,353.03 plus costs, interest and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: ~ Davi~ J.~'~Apothaker Dated: July 30, 2001 Our File No.: 013107 VERIFICATION David J. Apothaker, Esq. hereby states that I am counsel for plaintiffin this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are tree and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff DATE: July30, 2001 MARCH 30, 2001 A'I-IN: TERRI JORDAN CAPLAN & APOTHAKER 3000 MID-ATLANTIC DR SUITE 101 MT. ALURA, NJ 08054 O$I Funding Corporation LITIGATION N ET%'ORK Post Office Box 2388 Doraville, Georgia 30362-2388 800-945-0007 STATEMENT OF ACCOUNT Debtor's Name: OSI Funding Corp.'s Acct Number: Original Creditor: Original Account Number: Write Off Date (Charge Off Date): Principle Balance: Balance Due: Interest Rate: THOMAS C VIA 3950248113 GREENWOOD TRUST COMPANY 6011300460061078 06/20/00 $9,353.03 $9,353.03 6.% ·. AFFIDAVIT OF INDEBTEDNESS HELENA ROBINSON · being duly sworn upon oath· depose and state that: OSI Funding Corporation, owns and holds the account of (THOMAS C VIA, 3950248113). The account was assigned to OSI Funding Corporation by (GREENWOOD TRUST COMPANY). The amount of indebtedness of (THOMAS C VIA) is true and correct. The unpaid balance due Plaintiff is $%353.03 as of (JUNE 20, 2000) at an interest rate of (6.%). Payment has been demanded and not received. The Plaintiff has not received any setoffs, payments and/or credits for which credit has not already been given. The Defendant(s) is/are not in the military service of the United States. I am an employee of OSI Funding Corporation and am a qualified person who is familiar with the business records of OSI Funding Corporation. The said business records are made at the time of the occurrence recorded by a person with actual knowledge of the occurrence, are kept in the regular course of business of OSI Funding Corporation, and it is part of the regular course of business of OSI Funding Corporation· to keep such records. /0 I have personal knowledge of the facts stated herein based upon my review of the business records of OSI Funding Corporation. Signature HELENA ROBINSON Printed Name STATE OF oEo.oIA/ COUNTY OF {. ~ Subscribed and sworn before me on this 2 CHRIS FUGATE ........ , ...... Notarva°ubhc . ,,,'. ~,\~__..F....U. G,~ Printed Notary 8~gnature ~ { GEORGIA My Commission Expires: day of ,2001 APOTHAKER & ASSOCIATES, P.C. 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. ) ) ) ) ) ) ) ) ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2001-04885 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, OSI FUNDING CORP. and against Defendant, THOMAS C VIA, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on August 22, 2001 by the CUMBERLAND SherifFs Department. Copies of the proofs of service are attached hereto as Exhibit "A". A copy of the Notice of Intention To Take Default was mailed on October 26, 2001, and also attached hereto. Assess damages in the amount of: (a) Balance: (b) Interest from July 30, 2001 to July 24, 2002: TOTAL Dated: July 24, 2002 Our File No.: 013107 $9,353.03 $1,123.26 $1 O,476.29 APOTHAKER & ASSOCIATES, P.C. Attomeys for Plaintiff By: ~ David J. Apothaker qHERIFF' S RETURN - REGULAR CASE'NO: 2001-04885 ~_ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSI FUNDING CORP VS VIA THOMAS C CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon VIA THOMAS C the DEFENDANT at 0846:00 HOURS, on the 22nd day of ~ugust __, at 221 OLD STATE RD GARDNERS, PA 17324 THOMAS C VIA by handing to a true and attested copy of COMPLAINT & NOTICE together with 2001 and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers R. Thomas Kline 08/24/2001 APOTHAKER & ASSOCIATES APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorney for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 22t OLD STATE RD GARDNERS, PA 17324 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-04885 NOTICE OF INTENTION TO TAKE DEFAULT TO: TI4OMAS C VIA DATE OF NOTICE: October 26, 2001 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 (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your properly or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 DAVID J. APOTHAKER, ESQUIRE 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 Our File No.; 013107 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) ) NO.: 2001-04885 ) ) 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 FINT)INGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-021 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorney for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY NO.: 2001-04885 Civil Action AFFIDAVITOF 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 221 OLD STATE RD GARDNERS, PA 17324; and that Defendant(s) is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. David J. Apothaker Attorney for Plaintiff 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. 5 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attomey I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorney for Plaintiff OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. THOMAS C VIA 221 OLD STATE RD GARDNERS, PA 17324 Defendant. ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) NO.: 2001-04885 Civil Action 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 anthodzed to make this affidavit; that Defendant(s) resides at 221 OLD STATE RD GARDNERS, PA 17324; and that Defendant(s) is not in the Military Service o£the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. David J. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities.