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Home My WebLink About07-4348 Our File No.: 105449 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. JAMES A KNEPPER 210 PINE RD MOUNT HOLLY SPRINGS, PA 17065 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0"1- H'3y~8 Civi I (erm 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 maybe 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 BAR ASSOCIATION 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 una 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 '~ ~ a APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215)634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. JAMES A KNEPPER 210 PINE RD MOUNT HOLLY SPRINGS, PA 17065 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is JAMES A KNEPPER, an adult individual residing at 210 PINE RD MOUNT HOLLY SPRINGS, PA 17065. 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 true 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 $4,586.06. i . . 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is CAPITAL ONE BANK, ACCOUNT NUMBER 5178052301242745. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,586.06 plus costs, and reasonable attorney's fees. SECOND COUNT 10. 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 true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "B". 11. Defendant received and accepted the goods and/or services described in Exhibit "B". 12. The prices set forth in Exhibit "B" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 13. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "AB. 14. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $5,433.97. 15. Although demand has been made, Defendant has failed to make payment of the amount due as above. 16. The original creditor is CAPITAL ONE BANK, ACCOUNT NUMBER 5291151901239697. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,433.97 plus costs, and reasonable attorney's fees. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $10,020.03 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorne Plaintiff A Law Firm En age in Debt Collec~io~ BY: Dated: July 9, 2007 Apothaker Our File No.: 105449 VERIFICATION ,~ ~, 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 I8 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. DATE: CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JAMES A KNEPPER 210 PINE RD MOUNT HOLLY SPRINGS, PA 17065 STATEMENT OF ACCOUNT Debtor's Name: JAMES A KNEPPER Account Number: 5178052301242745 Date of Debt: February 17, 2004 Balance Due: $4,586.06 Our File No.: 105449 EXHIBIT "A" CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JAMES A KNEPPER 210 PINE RD MOUNT HOLLY SPRINGS, PA 17065 STATEMENT OF ACCOUNT Debtor's Name: JAMES A KNEPPER Account Number: 5291151901239697 Date of Debt: March 1, 2004 Balance Due: $5,433.97 Our File No.: 105817 EXHIBIT "B" J ODD VI (Ji W ~~ + t W g' O o~ (n a `v iA. C <_.~ O J ~ --.., ~ ~_- r~~ ~ ~ ~~ r,.. r~ -d - ~ t : ~ O O -r 3 - ,~_ f.^i -~=~ -G °~ =c SHERIFF'S RETURN - REGULAR CASE N0: 2007-04348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS KNEPPER JAMES A RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KNEPPER JAMES A the DEFENDANT at 1005:00 HOURS, on the 16th day of August 2007 at 210 PINE ROAD MT HOLLY SPRINGS, PA 17065 by handing to MICHELLE KNEPPER, WIFE 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 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 r~2~~o 7 ~ 3 9.52 Sworn and Subscibed to before me this of So Answers i~.r..s'r"G'~'L 'a" '-~ R. Thomas Kline 08/20/2007 APOTHAKE By: day A.D. i ~ F:\FILES\12749\I_749.I.ansl\mas Created 920/04 0:06PM Revised 8124;07 ILOSAM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CAPITAL ONE BANK, Plaintiff, v. JAMES A. KNEPPER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4348 CIVII. ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant, James A. Knepper, by his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER,~~sets forth the following: 1. Admitted. 2. Admitted. 3. Denied. Exhibit "A," as referenced, does not refer to any goods or services and prices. After reasonable investigation, the Defendant is unable to ascertain the truth of this allegation. Proof thereof is demanded. 4. Denied. The answer set forth in paragraph 3 above is incorporated. herein by reference thereto. 5. Denied. The answer set forth in paragraph 3 above is incorporated herein by reference thereto. 6. Denied. The answer set forth in paragraph 3 above is incorporated herein by reference thereto. 7. Denied. The answer set forth in paragraph 3 above is incorporated herein by reference thereto. 8. Denied. The answer set forth in paragraph 3 above is incorporated herein by reference thereto. { 9. Admitted. WHEREFORE, Defendant requests your Honorable Court to dismiss the Plaintiff's Complaint at Count I. COUNT Ii 10. Denied. Exhibit "B," as referenced, does not refer to any goods or services and prices. After reasonable investigation, the Defendant is unable to ascertain the truth of this allegation. Proof thereof is demanded. 11. Denied. The answer set forth in pazagraph 10 above is incorporated herein by reference thereto. 12. Denied. The answer set forth in paragraph 10 above is incorporated herein by reference thereto. 13. Denied. The answer set forth in pazagraph 10 above is incorporated herein by reference thereto. 14. Denied. The answer set forth in pazagraph 10 above is incorporated herein by reference thereto. 15. Denied. The answer set forth in pazagraph 10 above is incorporated herein by reference thereto. 16. Admitted. WHEREFORE, Defendant requests your Honorable Court to dismiss the Plaintiffss Complaint at Count II. Date: ~~~7 MARTSON LAW OFFICES By Hubert X. ilroy, Esquire I.D. No. 943 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Defendant A' VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ...~ a... ~ ti Jame A. Kn er F:1FII.ES\ 12749\ t 2749. l . me l C? C~. ~ ,~. , O :~:.' -F~, .-~ y s~~; . x~' ~ t~ Imo-. _ ~ -~:~ W ~~ ~? ~ ~ " _ ._ "CJ - r ;r ~". `~ __.. .... Our File No.: 105449 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney LD.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK Plaintiff, vs. `JAMES A KNEPPER Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-4348 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A,8'SO~IATES, P.C. A Law Firm Eng~lged in~ebt Collection By: David J: Dated: 3/4/2008 ~° ~T ~ ~4.. ,.,~, ~. ?~; .,,. i'"'- ~ -~ -. ~~ ,~3+~% wY7 ~ ~ T~~~9 i ,.. .~ '~ .$.-"" ~~""' ~~