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Home My WebLink About07-5185• Our File No.: 113729 APOTHAKER & ASS®CIATES, P.C. BY: David J. Apothaker, Esq. Attorney LD.#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. BILL L PHOENIX 139 N 47TH ST LEMOYNE, PA 17043 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: p'1 _ 5t 85 tniiN i l ~P.cm. 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 aze 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 prceeed 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le hen demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de platy al partir de la fecha de la demands y la notification. Hace felts aseutaz una compazencia escrita o con un abogado v entregaz 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 continuer la demands en contra suya sin prevo avisa o notification. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importances pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO D 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 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 w 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY ~, NO.: O ~- ~ ~P5 C. ~. l T~,~ BILL L PHOENIX 139 N 47TH ST LEMOYNE, PA i 7043 Defendant. 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 BILL L PHOENIX, an adult individual residing at 139 N 47TH ST LEMOYNE, PA 17043. 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 Plaintiffs 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 $2,569.99. 8. Although demand has been made, Defendant 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 $2,569.99 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney f~{ Plaintiff A Law Firm Eng ~in Debt Co~l,ectio~ BY: Dated: 8/17/2007 David J. Our File No.: 113729 VERIFICATION y ~ f ~ ,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 corr~t 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 unsworn falsification to authorities. DATE: CAPITAL ONE BANK + c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 BILL L PHOENIX 139 N 47TH ST LEMOYNE, PA 17043 STATEMENT OF ACCOUNT Debtor's Name: BILL L PHOENIX Account Number: 5291151916914482 Balance Due: $2,569.99 Our File No.: 113729 EXIIIBIT "A" G ~ ~ .r.,r Ti ~ ~~-- _I ~ „ . G'i f't7 ~c ~ ~ r C. ' C..J ~ ?J ~`Z ~ i Z _ ~ , ~ } . ` ~, Tr o c;~ ` rv ~. ~, 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-05185 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS PHOENIX BILL L DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon D~Tr1F'TTTX RTT.T, T, the DEFENDANT at 2025:00 HOURS, on the 27th day of September, 2007 at 139 N 4TH STREET LEMOYNE, PA 17043 BILL PHOENIX by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service / 15.36 Affidavit '~J~~ .00 Surcharge /o ~~ 10.00 Sworn and Subscibed to before me this day of , So Answers: ~,~~,~~ R. Thomas Kline 09/28/2007 APOTHAKER & ASSOCIATES By : ~ '~ ~ ~ Deputy Sheri f a~ ~~ _.w.. Defendant. Our file No.: 113729 - v APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. BILL L PHOENIX DOCKET NO.: 07-5185 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on this 26th day of March 2008 STIPULATED by and between Plaintiff, CAPITAL ONE BANK, and Defendant, BILL L PHOENIX parties as follows: 1. Defendant agrees to pay the sum of $2,560.43, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of interest, counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, BILL L PHOENIX, to the attorneys for Plaintiff in the following manner: a. Payment of $200.00 was paid on October 3, 2007 b. Payments of $150.00 per month were paid by the 30th of each month from November 2007 through February 2008; c. Payments of $150.00 to be paid on or before the 30th of every month, starting March 30, 2008 until balance is paid. All checks are to made payable to CAPITAL ONE BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant, BILL L PHOENIX fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorneys, in writing of Defendant, BILL L PHOENIX's default. ,.. ,~. ~` The name of Defendant's attorney and address that notice will be sent is: MR. JOHN R BEINHAUR ESQ 3964 LEXINGTON ST HARRISBURG, PA 17109 4. If the default is not cured within 30 days after written notice of Defendant's attorneys, then Plaintiff has the right to obtain the entry of Judgment against Defendant, BILL L PHOENIX, ex parte, in the sum of $2,560.43, giving Defendant, BILL L PHOENIX credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for aint' A Law Firm Engage ebt Collection By: Scian, Esquire \ ____.- ~- BILL LPHOENIX [7 `'`' ~' ~ -rt-t i` ~ ~ ~. `' - . ~ - ±;_ ~ ,._. _., : ~ ; , r ri . ~__,.._ c.,~l ,J >` v°~ •~ Our File No.: 113729 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 C/O David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. BILL L PHOENIX 139 N. 4TH ST LEMOYNE, PA 17043 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1:10.: 07-5185 Civil Action PRAECIPE TO SUBSTITUTE PARTY PLAINTIFF AS PER Pa RULE 2352 (a) TO THE PROTHONOTARY: Kindly substitute as Party Plaintiff, Capital One Bank (USA}, N.A., in this action. The right to substitution is based upon the following facts: Capital One Bank (USA), N.A, is the successor, who by operation of law, has succeeded to the interest of, CAPITAL ONE BANK. Defendant's rights will not be prejudiced by this change. APOTHAKER By: David J. iOCIATES, F.C. Plaintiff ,Esquire Dated: October 13, 2008 °ca~ ~. ~ ~ ~'" ~~ ~ N `^' ~, `r..s --~