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Home My WebLink About14-2284 Supreme Court.of Pennsylvania (1 Couif* Cominou Plebs • S ee For Proihonotan' L -'se Only: ,GhvihCoZ; Xr C UMBERLAND C Docket No: �'' The information collected on th fbim is used solely for c ou rt ad Ministration p inposes. n s fonn d oes n supplmnent or replace the filing and service ofpleadings or other papers as required Iy .lmi or rules of court. S Commencement of Action: E N Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T BARCLAYS BANK DELAWARE TERRY R LINDSEY ' I Dollar Amount Requested: N within arbitration limits O Are money damages requested? ®Yes El No (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes N No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution N Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) El Employment Dispute: S Discrimination E ❑ Slander/Libel/ Defamation El Employment Dispute: Other C ❑Other: ❑ Zoning Board T ❑ Other: I ❑ Other: 0 MASS TORT N F1 Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑Eminent Domain /Condemnation El Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto f PROFESSIONAL ❑ Partition El Replevin [] Quiet Title F Other: LIABLITY � F Other: ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Upetated 1/1/2011 Our File No.: 374506 APOTHAKER & ASSOCIATES, P.C. i;d tl 4 1 1 "'? L� BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS 125 S WEST STREET ) CUMBERLAND CO Y WILMINGTON, DE 19801 ) NO.: �- �a g Uut Plaintiff, ) VS. ) TERRY R LINDSEY ) 59 GASOLINE ALY ) CARLISLE, PA 17013 -8819 ) Defendant. ) 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 34 S. BEDFORD ST. CARLISLE PA 17013 717- 249 -3166 Our File No.: 374506 G k as�� c/ yg.2 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS 125 S WEST STREET ) CUMBERLAND COUNTY WILMINGTON, DE 19801 ) NO.. Plaintiff, ) vs. ) TERRY R LINDSEY ) 59 GASOLINE ALY ) CARLISLE, PA 17013 -8819 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is BARCLAYS BANK DELAWARE, 125 S WEST STREET, WILMINGTON, DE 19801. 2. Defendant(s) is /are TERRY R LINDSEY ( "Defendant "), an adult individual residing at 59 GASOLINE ALY, CARLISLE, PA 17013 -8819. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 9032. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $1,721.23. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,721.23 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE SOCIATES, P.C. Atto ey f r Plaintiff A Law Firm ngage , in Debt Collection BY: David J. Ap Xer, Esquire Our File No.: 374506 374506 VERIFICATION I, naAiffit- '1 hereby state that I am T l,�� (� er Am on for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. m2— Af a ame New Castle County, DE Defendant's Name: TERRY R LINDSEY Account Number: ending in 9032 Subscribed and sworn to before me this_ day of ,m Notary Public, County of New Castle, State of Delaware My commission expires: 1 f �� \N AR��ii \ � / SS:(S) O EXPIRES z _ p . DEC. 3, 2016 •TgRY P0 6 //////1 Vie/ 1 I 1 10111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff (h` pl� ��yt Jody S Smith > Chief Deputy - � MAY —7 A.M . Richard W Stewart Solicitor .� �xy� ��EFr �'�PEN��'A�� tlad� NsYLVQA Barclays Bank Delaware Case Number vs. Terry R Lindsey 2014-2284 SHERIFF'S RETURN OF SERVICE 04/28/2014 04:58 PM - Deputy Ryan Burgett, being duly sworn according t ' aw, served the requested Complaint& Notice by handing a true copy to a person representing themsel s to be Don Lindsey, brother,who accepted as"Adult Person in Charge"for Terry R Lindsey at 59 oline Alley, Middlesex Township, Carlisle, PA 17013. RYAN BURGETT, DE SHERIFF COST: $34.78 SO ANSWERS, April 29, 2014 RON R ANDERSON, SHERIFF _osoft Our File No.: 374506 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 BARCLAYS BANK DELAWARE vs. TERRY R LINDSEY Plaintiff Defendant •F/ ` 2014 PE NS YLr A NIACOUNTY ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14-2284 ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, TERRY R LINDSEY, in the default of an Answer, in the amount of $1,721.23 computed as follows: Amount claimed in complaint: $ Less: Amount Paid: Plus: Interest from April 14, 2014 to June 2, 2014 at the legal interest rate of 0.00% per annum Attorney fees TOTAL 1,721.23 ( 0.00) 0.00 0.00 $ 1,721.23 I certify that Defendant, TERRY R LINDSEY, lost $iown address is 59 GASOLINE ALY CARLISLE, PA 17013-8819. David J. Apothaker, Esq. Attorney for Plaintiff DAAA 6\6 supA HT) Cru ibLe(i(4/T2 4,t_ocisn Wi4&0 A?a,led OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: TERRY R LINDSEY 59 GASOLINE ALY CARLISLE, PA 17013-8819 ) COURT OF COMMON PLEAS OF BARCLAYS BANK DELAWARE ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 14-2284 ) TERRY R LINDSEY ) Civil Action ) Defendant ) 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, Esq. at this telephone number: 800-672-0215 Ili Our File No.: 374506 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 ) COURT OF COMMON PLEAS OF BARCLAYS BANK DELAWARE ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 14-2284 ) TERRY R LINDSEY ) Civil Action ) Defendant ) CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiff's intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apo aker, Esq. Attorney for Plaintiff Our File No.: 374506 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 ) COURT OF COMMON PLEAS OF BARCLAYS BANK DELAWARE ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 14-2284 ) TERRY R LINDSEY ) 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 59 GASOLINE ALY CARLISLE, PA 17013-8819. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209- ' if the Defendant(s) is/are in any branch of the military. Mary M. Snavely -Dixon, Director of the De ense anpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not .n the military. David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Status Report Pursuant to Servic tr ,tube Civil i eIief Last Name: LINDSEY First Name: TERRY Middle Name: Active Duty Status As Of: Jun -02-2014 Results as of : Jun -02-2014 04:57:18 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ye4 Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: QAO5YBB3A0B64B0 BARCLAYS BANK DELAWARE vs. TERRY R LINDSEY To: TERRY R LINDSEY 59 GASOLINE ALY CARLISLE, PA 17013-8819 Date of Notice: May 21, 2014 ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) NO. 14-2284 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED 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 BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 374506 l)/ DAVID J. APOTHAKER, ESQUIRE Apothaker Scian P.C. A Law Firm Engaged in Debt Collection 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423