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Home My WebLink About08-0381Our File No.: 135093 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. ELENA HOVERTER 101 KIM ACRES DR MECHANICSBURG, PA 17055-5534 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 - 381 Civ; t lean 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le ban 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 a 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 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, 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.. ELENA HOVERTER 101 KIM ACRES DR MECHANICSBURG, PA 17055-5534 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 ELENA HOVERTER, an adult individual residing at 101 KIM ACRES DR MECHANICSBURG, PA 17055-5534. 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 $1,773.07. • 8. Although demand has been made, Defendant has failed to make payment of the amount due as abovet WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,773.07 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fo laintiff A Law Firm Ent d Debt Collection BY: Dated: 1/8/2008 David Our File No.: 135093 VERIFICATION ?t&/ / hereby states that T am for plaintiff in this 01 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 unswom falsification to authorities. DATE: FREE Accelerait for teaOW f2tnoNhsr-s $80 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/Coin Fail- ?owl Account S Previous Balance $903.08 Payments, Credits and Adjustments $.00 Transactions 558.00 Finance Charges $20.73 New Balance $981.81 Minimum Amount Doe $981.81 Payment Due Date December 07, 2004 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To all Customer Relations or to report a lost or stolen card: 1-800-903-3637 003 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by SMWteCT- ® Pop-Up BlockerTM j Spam Controls ® Smarter Smart Dialer Technology ®? More Email Addresses 4® Internet Call Waiting OCT 08 - NOV 07, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 08 OCT OVERLIMIT FEE $29.00 2 07 NOV PAST DUE FEE 29.00 As a valued Capital One customer, you are eligible to receive a Gee Year-End Summary that recaps your 2004 charges. Please call 1-877-794-4487 before December 12, 2004, to reserve your copy. All orders will be processed between January 15 and February 28, 2005. As long as this benefit is available for your account, you must call in each year in order to receive a Year-End Summary. You will be notified in your statement on how to opt in for your Year-End Summary. You were assessed a past due fee of $29.00 on 11/07/2004 because your minimum payment was not received by the due date of 11/06/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. For free online account service and special ontoma offer, log oa to: -apimlone.m ' Send payments to: Send ingai . to: Attn: Remittance Processing Capital One Service Capital One Service ' P.O. Bu 85147 P.O. B. &il.5 Richmond, VA 23276 Richmond, VA 232854015 Important Account Information We would like to take this opportunity to inform you that we may report information about your account to credit bureaus. The reporting of your account infdrmation to credit bureaus contributes to your overall credii profile. Late payments, missed payments or other defaults on your account may also be reflected in your credit report. Finance Charges Please ree reoerre sidefor important information Bat -rate l d Periodu C spa;"- APR ME qp r m rate PURCHASES 1784.06 .07096% 25.90% $17.25 CASH $158.00 .07096% 25.90% $3.48 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT owl 0000000 0 4862362397691489 07 0981810015000981813 New Balance $981.81 Minimum Amount Due $981.81 Payment Due Date December 07, 2004 Total enclosed $ Account Number. 4862-3623-9769-1489 PI -p-t mailinradbvu asy k1- -M bl err41-1 wk street Apt Y City State ZIP Home Plnne Altarvate Pb... #9031286470983247# MAIL ID NUMBER Capital One Bank ELENA HOVERTER P.O. Box 85147 loll 111111111111111111 101 KIM ACRES DR Richmond, VA 23276 MECHANICSBURG PA 17055-5534 ?n?r?u?Inrlrl?nr?r??u??nrl?ur?Iruntllrlnl?ur??u?t? ? ? Pleae smite your aanant nlumber m yore check or money order made payable to Capital 0 ne Bank and mail in the mdared envelope PLATINUM VISA ACCOUNT 4862-3623-9769-1489 peoplepc.- online u A better way to Internet. r r;?7 j 00 d GJ 7 r` r . C(P SHERIFF'S RETURN - REGULAR CASE NO: 2008-00381 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS HOVERTER ELENA WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOVERTER ELENA the DEFENDANT , at 1900:00 HOURS, on the 18th day of January , 2008 at 101 KIM ACRES DRIVE MECHANICSBURG, PA 17055 DENNIS HOVERTER, HUSBAND 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 10.56 Affidavit .00 Surcharge 10.00 .00 J?dSI0f f 38.56 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 01/22/2008 APOTHAKER & ASSOCIATES By. .. C V /. 6; ? ?, Depu y Sheriff day 0 f A. D. . ilk Our file No.: 135093 --2 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK COURT OF COMM ?-S -- p --- CUMBERLAND COUNTY -- -- Plaintiff, VS. ELENA HOVERTER Defendant. DOCKET NO.: D ?-3xi 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 January 24, 2008, STIPULATED by and between Plaintiff, CAPITAL ONE BANK, and Defendant, ELENA HOVERTER parties as follows: 1. Defendant agrees to pay the sum of $1773.07, 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, ELENA HOVERTER, to the attorneys for Plaintiff in the following manner: a. Payments of $100.00 to be paid on or before the 25`" of every month, starting January 25, 2008 until the 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 fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $1773.07, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to ELENA HOVERTER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys forTWntiff A Law Firm Engaged-rhDebt Collection . Scian, Esquire r- ELENA HO ERT R I ra Cif r; dT1 F ? f rn _ 13 a Our File No.: 135093 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. ELENA HOVERTER NO. 08-381 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Dated: August 20, 2009 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection $r-rr L; ()r THE APY 1189 AUu; 26 t ?'1 2: ;