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Home My WebLink About08-2917Our File No.: 151072 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 (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. CHRISTOPH STEINOUR 166 E PENN ST CARLISLE, PA 17013-2434 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 69- a4/7 Zen 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 fiuther 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 n 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 (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. CHRISTOPH STEINOUR 166 E PENN ST CARLISLE, PA 17013-2434 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 6P ?-' ?'? C ? C f ?1( CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., 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 CHRISTOPH STEINOUR, an adult individual residing at 166 E PENN ST CARLISLE, PA 17013-2434. 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 $2,686.62. 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 $2,686.62 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. SECOND COUNT 9. 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 "B". 10. Defendant received and accepted the goods and/or services described in Exhibit "B". 11. 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. 12. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "B". 13. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $15,156.22. 14. 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 $15,156.22 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. , WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $17,842.84 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER SSOCIATES, P.C. Attded for Plaintiff A Law Firm in Debt Collection BY: Dated: 4/16/2008 id J. Apothaker Our File No.: 151072 q , 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 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. DATE: CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 CHRISTOPH STEINOUR 166 E PENN ST CARLISLE, PA 17013-2434 STATEMENT OF ACCOUNT Debtor's Name: CHRISTOPH STEINOUR Account Number: 5178052287833509 Balance Due: $2,686.62 Our File No.: 151072 EXHIBIT "A" CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 CHRISTOPH STEINOUR 166 E PENN ST CARLISLE, PA 17013-2434 STATEMENT OF ACCOUNT Debtor's Name: CHRISTOPH STEINOUR Account Number: 7812602453641231 Balance Due: $15,156.22 Our File No.: 158264 EXHIBIT "B" 91 a 00 d m h F Nw Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - IN LAW CHRISTOPHER STEINOUR NO. 08-2917 Defendant NOTICE TO PLEAD To: Capital One Bank (USA), N.A., through its attorney, David J. Apothaker, APOTHAKER & ASSOCIATES, P.C., 2417 Welsh Road, Suite 21, #520, Philadelphia, Pennsylvania, 19114. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you, Very respectfully, 114* r" 6? I Date: May 30, 2008 DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant M Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CHRISTOPHER STEINOUR Defendant CIVIL ACTION - IN LAW : NO. 08-2917 DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, May 30, 2008, Defendant, Christopher Steinhour, by his undersigned attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiff's Complaint and avers as follows: ANSWER FIRST COUNT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Denied. Defendant does not reside 166 E PENN ST CARLISLE, PA 17013- 2434. 3. Denied. Exhibit "A" to Plaintiff's Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims in this averment. By way r. of further answer, Defendant denies Exhibit "A" to Plaintiff's Complaint is a true and correct copy of any transaction Defendant may have ever had with Plaintiff. 4. Denied. Exhibit "A" to Plaintiff's Complaint does not describe goods and/or services. By way of further answer, Defendant specifically denies owing Plaintiff the amount shown on Exhibit "A" of Plaintiff's Complaint. 5. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Defendant avers that Exhibit "A" to Plaintiff's Complaint does not set forth goods and/or services and prices, as Plaintiff claims. By way of further answer, Defendant specifically denies having agreed to pay Plaintiff the amount shown in Exhibit "A" to Plaintiff's Complaint. 6. Denied. No credits are set forth in Exhibit "A" to Plaintiff's Complaint. 7. Denied. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff. 8. Denied, as stated. Defendant denies having a legal obligation to pay Plaintiff the amount claimed by Plaintiff, in Exhibit "A." 9. Denied. Exhibit "B" to Plaintiff's Complaint does not set forth goods and/or services, times, kinds, quantities, and prices, as Plaintiff claims in this averment. By way of further answer, Defendant denies Exhibit "B" to Plaintiff's Complaint is a true and correct copy of any transaction Defendant may have ever had with Plaintiff. 10. Denied. Exhibit "B" to Plaintiff's Complaint does not set forth goods and/or services, as Plaintiff claims in this averment. 2 11. Denied. Exhibit "B" to Plaintiff's Complaint does not set forth goods and/or services or prices, as Plaintiff claims in this averment. 12. Denied. No credits are set forth in Exhibit "B" to Plaintiff's Complaint 13. Denied. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff in Exhibit "B" to Plaintiff's Complaint. 14. Denied as stated. Defendant denies having any legal obligation to pay Plaintiff the balance claimed by Plaintiff in Exhibit "B" to Plaintiff's Complaint. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. NEW MATTER 15. Plaintiff's Complaint fails to state a cause of action, upon which relief may be granted. 16. Plaintiff's cause of action is barred by the applicable statute of limitations. 17. Plaintiff's cause of action is barred or limited by the doctrine of laches. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: May 30, 2008 (r . Douglas C. Lovelace, Jr., Esq. Attorney and Counselor at Law 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant 3 CAPITAL ONE BANK (USA), N.A. : IN THE COURT OF COMMON c/o Apothaker & Associates, P.C. PLEAS 2417 Welsh Road, Suite 21 #520 CUMBERLAND COUNTY, Philadelphia, PA 19114 PENNSYLVANIA Plaintiff V. CHRISTOPHER STEINOUR CIVIL ACTION - IN LAW NO. 08-2917 Defendant VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circumstances set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information, and belief. Date: May 30, 2008 C 's he4rtt i nour Defendant CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff V. CHRISTOPHER STEINOUR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW NO. 08-2917 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on May 30, 2008, I served a true and correct copy of the foregoing answer with new matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: David J. Apothaker, Esquire APOTHAKER AND ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, Pennsylvania, 19114 Attorney for Plaintiff 4 a, 5 0 0, 411- sic" Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 C_,? r j .. s Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff V. CHRISTOPHER STEINOUR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - IN LAW : NO. 08-2917 PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for the Defendant in the above captioned matter. Date: May 30, 2008 l+ ?, -d ;w DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant rpm C=> rs.j S ?i -77 CJ `? SHERIFF'S RETURN - REGULAR CASE NO: 2008-02917 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) NA VS STEINOUR CHRISTOPH RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STEINOUR CHRISTOPH the DEFENDANT at 0020:30 HOURS, on the 22nd day of May , 2008 at 50 BONNYBROOK ROAD, LOT 37 CARLISLE, PA 17013 by handing to HEATHER CARR ADULT IN CHARGE 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 5.00 Affidavit .00 Surcharge 10.00 /J .00 33.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/23/2008 APOTHAKER & ASSOC By w Deputy Sheriff of A. D. Our file No.: 151072 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 215-634-8920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. CHRISTOPH STEINOUR Defendant. DOCKET NO.: 08-2917 Civil Action ANSWER TO NEW MATTER Plaintiff, CAPITAL ONE BANK (USA), N.A., by and through their attorney, answers the following New Matter: 15. Denied. Plaintiff's complaint brings a valid cause of action against defendant. 16. Denied. Plaintiff's claim is not barred by the applicable statute of limitations. 17. Denied. Plaintiff's claim is not barred by the Doctrine of Laches. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm En2a2ed inJf6bt Collection F. Scian, Esquire DATED: June 11, 2008 VERIFICATION Kimberly F. Scian, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter 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. Kimberly F.ian, Esquire Attorney for Plaintiff DATE: 6/11/2008 ., ..,% Our file No.: 151072 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. CHRISTOPH STEINOUR Defendant. NO.: 08-2917 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 6/11/2008, I mailed a copy of the Answer to New Matter by Regular mail to DOUGLAS C. LOVELACE JR, ESQUIRE 36 DONEGAL DRIVE CARLISLE, PA 17013 Kimberly F. cian, Esquire Attorney f Plaintiff Date: 6/11/2008 am ? ? C '. jm c. ca Z-A c.n i ? Our file No's.: 151072 & 158264 APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff Attorney ID# 55140 CAPITAL ONE BANK (USA), N.A. Plaintiff, VS. CHRISTOPH STEINOUR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-2917 Civil Action Defendant. 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 July 18, 2008, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA), N.A., and Defendant, CHRISTOPH STEINOUR parties as follows: 1. Our file No. 151072 Defendant agrees to pay the sum of $2,765.43, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2.. The sum aforesaid shall be paid by Defendant, CHRISTOPH STEINOUR, to the attorneys for Plaintiff in the following manner: a. Payments of $50.00 to be paid on or before the 15th of every month, starting August 15, 2008 until balance is paid. 3. Our file No. 158264 Defendant agrees to pay the sum of $15,280.37, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 4. The sum aforesaid shall be paid by Defendant, CHRISTOPH STEINOUR, to the attorneys for Plaintiff in the following manner: a. Payments of $50.00 to be paid on or before the 15th of every month, starting August 15, 2008 until balance is paid. All checks are to made payable to CAPITAL ONE BANK (USA), N.A., and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 5. 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 $18,034.89, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 6. 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 CHRISTOPH STEINOUR by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engage71;mot F/Scia ,, Esquire 4H4 S C? r4l c Our File No.: 151072 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. Plaintiff, VS. CHRISTOPH STEINOUR Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-2917 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Dated: August 22, 2008 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection Kimbe ly F Scian, Esquire 17 r r