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Home My WebLink About08-1778Our File No.: 151057 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. ERICA J BENES 120 2ND ST ENOLA, PA 17025-3203 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 - 11`1$ Civi l IerM 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 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 provisions 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 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. ERICA J BENES 120 2ND ST ENOLA, PA 17025-3203 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: C 9- 17 7 p &-j 1A, CIVIL ACTION COMPLAINT FIRST COUNT 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 ERICA J BENES, an adult individual residing at 120 2ND ST ENOLA, PA 17025- 3203. 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 $5,961.12. 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 $5,961.12 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enjza? kTES, P.C. Debt Collection BY: David J. Dated: 3/3/2008 Our File No.: 151057 ? a 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 Actign 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 unworn falsification to authorities. DATB: rpeoplepc- online 1_1? A better way to Internet. J Sam/ FREE *no~ 'at1DP rormarr *WDW aar 1-888-587-9669 .? s o Mention Offer Code: COIN a? Visit www.peoplepc.com/go/coin UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by Symantec- ® Pop-Up BlockerT11 1?1 Spam Controls ® S Smarter Smart Dialer Technology ap LW More Email Addresses 4® % Internet Call Waiting CapUaloW Account Summ Previous Balance $3,144.63 Payments Credits and Adjustments $.00 Transactions $35.00 Finance Charges $69.92 New Balance $3,249.55 Minimum Amount Due $3,249.55 Payment Due Date December 23, 2004 Total Credit Line $2,500 Total Available Credit $.00 Credit Line for Cash $1,000 Available Credit for Cash $.00 At vour service To eoR Qutoma Relations or to repert a lost or stolen ard: 1-800-903-3637 For free online acmuat sere oe sod spedal customer offers, log on to: NW W.elplhleaeoom Send Payments to. Send inquiries to: Attn: R-ittanee Processing Capital Cute Servim CaPM One Saviors P.O. Box 85147 P.O. Bor 85015 Richmond, VA 23276 Richmond, VA 23255-5015 PLATINUM MASTERCARD ACCOUNT 517&0522-7217-4489 OCT 24 - NOV 23, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 23 NOV PAST DUE FEE $35.00 As a valued Capital One automc, you are eligible to receive a free 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 mast call in each year in order to receive aYearEnd 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 $35.00 on 11/23/2004 because your minimum Payment was not received by the due date of 11123/2004. To avoid this fee in the fuavq we recommend that you allow at last 7 business days for your payment to teach Capital One. 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 information to credit bureaus contributes to your overall credit profile. Late payments, missed payments or other defaults on your account may also be refletted in your credit report. F'mance Charges Pkarrsesrrvmrnd e f orimportmt information Bdauerak p o ? Pniod c- ding we ro ?ptirdto rak R (2,027.72 ASH .07096% 25.9096 544.61 c C (1,150.61 .07096% 25.90% $25.31 ANNUAL PERCENTAGE RATE applied this period 25.90% V PLEASE RETURN PORTION BELOW WITH PAYMENT V :aP#M0Wa 0000000 0 5178052272174489 23 3249550070003249553 New Balance 33,249.55 Minimum Amount Due $3.249.55 Payment Due Date December 23, 2004 Total enclosed 3 -I Amounr Numbs. 5178-0522-7217-4489 A-prwtmailrngaJdrrn-11 e-.railJinge+&/ nwugbhr-K k-k Stleet Ape s Cry Sm2 ZIP L-Iaae Phone Altemste Phone #9032934470030647# MAIL ID NUMBER Capital One Bank ERICA J BENES P.O. Bolt 85147 IIIIIIIIIInLIJnlll i? 118 N WALNUT ST Richmond, VA 23276 0, ! LEWISTOWN PA 17044-1762 P I so Is 1 1 1 1 1 1 1 1 1 111111111111111111111111111111111 Is 1111111111111 Pl=c writeyarv -qwd aambn m yo check or money order madepayabk to Capital One Bank and mail in the end-d -1,1pe. r yi F CI- ' 0 - 771 -TI 77 ?v =c c CD G 0 CASE NO: 2008-01778 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BENES ERICA J STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BENES ERICA J the DEFENDANT at 1400:00 HOURS, on the 1st day of April , 2008 at 120 2ND STREET 2ND FLOOR ENOLA, PA 17025 by handing to ERICA J BENES 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 Service Affidavit Surcharge 18.00 15.00 .00 10.00 .00 43.00 Sworn and Subscibed to before me this day of , So Answers: T r 1 ?? , R. Thomas Kline 04/02/2008 APOTHAKER & ASSOCIATES By: D puty Sheriff A. D. -2 Our file No.: 151057 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 CAPITAL ONE BANK Plaintiff, vs. ERICA J BENES Defendant. FILED 2010 APR 13 l;i 11: 69 CUMEI- ?- 1' A -.5 2010 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-1778 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 March 23, 2010, STIPULATED by and between Plaintiff, CAPITAL ONE BANK, and Defendant, ERICA J BENES parties as follows: 1. Defendant agrees to pay the sum of $6,281.28, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $3,333.00 have been applied to the amount of $6,281.28, and the amount due and owing as of March 23, 2010 is $2,948.28. 3. The sum aforesaid of $2,948.28 shall be paid by the by Defendant, ERICA J BENES, to the attorneys for Plaintiff in the following manner: a. $150.00 to be paid on or before the 25"' day of each month, beginning March 25, 2010 until paid in full. 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 a. r . . -1 • . Our file No.: 151057 4. 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 $6,281.28, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. In the event of default as aforesaid, 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 ERICA J BENES by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plain A Law Firm Engaged in De Collection F. Scian, Esquire ERICA J BENES