HomeMy WebLinkAbout08-3076'''fur file No.:157804
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.
ELAINE A MEREDITH
48 RUSTIC DR
SHIPPENSBURG, PA 17257
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08 - am,
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 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 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 (USA), N.A.
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
ELAINE A MEREDITH
48 RUSTIC DR
SHIPPENSBURG, PA 17257
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: D,?- 367& 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 ELAINE A MEREDITH, an adult individual residing at 48 RUSTIC DR
SHIPPENSBURG, PA 17257.
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 $2,296.37.
} -- ` ' 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
$2,296.37 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER &ASSCICIATES, P.C.
A Law Firm Endaged ij& Debt Collection
BY:
Dated: 4/29/2008
David
Our File No.: 157804
VERIFICATION
1 , hereby states that I am ,a 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 unswom falsification to authorities.
DATE:
vim" • ?
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- --------------------------------------------------------------------------------Q, se-1110W
P-ML-
Summary
Previous Balance $1,209.14
Payments, Credits and Adjustments $.00
Transaction $41.00
Finance Charges $27.77
New Balance $1,277.91
Minimum Amount Doe $1,277.91
Payment Due Date May 09, 2005
Total Credit Line $750
Total Available Credit $.00
Credit Line for Cash $750
Available Credit for Cash $.00
At your service
To oill Cmtomer Reladom or to report a loot or stolen ard:
1-800-903-3637
For free online account service and special antomer offers, log on to:
-.apitalone.com
Send payments to: Send inquiries to:
Arta: Remittance Promsing
Capital Oae Bank Capital One Serviw
P.O. Box 790116 P.O. Box 85015
St. Louis, MO 63179-0216 kkhmond, VA 23295-5015
PREMIER VISA ACCOUNT MAR 10 - APR 09, 2005
4106-0821-1201-1286 Pagel of 1
Payments, Credits and Adjustments
Transactions
1 09 APR CAPITAL ONE MONTHLY MEMBER FEE $6.00
2 09 APR PAST DUE FEE 35.00
Your request to dose your account has been received. Your account will be dosed when it reaches a $0 balance.
Until then, you will continue to receive statements and must continue to make payments. All terms and
conditions of the account will apply while a balance remains. Please remember to cut your cards and cancel all
charges which automatically bill to your account.
You were assessed a past due fee of $35.00 on 04/09/2005 because your minimum payment was not
received by the due date of 04/09/2005. To avoid this fee in the f ltme, we recommend that you
allow at least 7 business days for your payment to reach Capital One.
FinanceCharges Plexeseerete eiideforimportantinfamatim
Balm-ee rate P-1d.
&I AN
-
r
m gep&dm "
rate
2
_
0 PURCHASES $1,222.71 .07326%P 26.74% $27.77
CASH $.00 .07326%P 26.74% $.00
PLEASE RETURN PORTION BELOW WITH PAYMENT
?- 0000000 0 4106082112011286 09 1277910030001277912
New Balance $1,277.91
Minimum Amount Due $1,277.91
Payment Due Date May 09, 2005
Total enclosed $
Account Number, 4106-0821-1201-1286
ANNUAL PERCENTAGE RATE applied this period 26.74%
Pkupru-tmad.g.arrru m-h e-moitef, T-Pef ruby bl or black ink.
City
Apt.
Hom< Plnoe Al-.. Pbooc
#9010000450041487# MAIL ID NUMBER
Capital One Bank ELAINE A MEREDITH
P.O. Box 790216 Irlsslsssllrrltlltlssl m 3614 SAINT THMS WLMSN
m
St. Louis, MO 63179-0216 CHAMBERSBURG PA 17201
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Please r teyavr account number on your checf or money order made payabk to Capital One Bank and mail in the enckred envelope.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03076 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
MEREDITH ELAINE A
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
the
MEREDITH ELAINE A
was served upon
DEFENDANT
, at 1508:00 HOURS, on the 16th day of May , 2008
at 48 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
ELAINE MEREDITH
by handing to
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
sp 1/O1 C/L
18.00
20.00
.00
10.00
.00
48.00
Sworn and Subscibed to
before me this
day
of ,
So Answers:
?l
R. Thomas Kline
05/19/2008
APOTHAKER & ASSOCIATES
By.
eputy Sherif
A. D.
}
Our file No.: 157804 ' Z
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 55140
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
Vs.
ELAINE A MEREDITH
Defendant.
2010 MAR 10 P91 3: 41
CU1r9 'l i°?1 ?+-?r
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 08-3076
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 February 23, 2010, STIPULATED by and between Plaintiff, CAPITAL
ONE BANK (USA), N.A., and Defendant, ELAINE A MEREDITH parties as follows:
1. Defendant agrees to pay the sum of $2,473.61, 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 $1,400.00 have been applied to the
amount of $2,473.61, and the amount due and owing as of February 23, 2010 is
$1,073.61.
3. The sum aforesaid of $1,073.61 shall be paid by the by Defendant,
ELAINE A MEREDITH, to the attorneys for Plaintiff in the following manner:
a. $50.00 to be paid on or before the 15`h day of each month, beginning
March 15, 2010 until paid in full.
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
. ' Our file No.: 157804
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 $2,473.61, 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 ELAINE A
MEREDITH by first-class, postage prepaid.
We hereby consent to the form and entry of the within Stipulation.
APOTHAKER & ASSOCIATES, P.C.
A Law Firm Engaged i
By:
ELAINE A MEREDITH
?L
Our File No.: 157804
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
CAPITAL ONE BANK (USA), N.A.
M{1
OF THE PPOT OTRRY
28M AN -2 AM 10 0&
UNTY
PEPNSYLW,. LA
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
vs.
ELAINE A MEREDITH
NO.: 08-3076
Civil Action
Defendant
PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION
TO THE PROTHONOTARY:
Please enter a judgment in favor of plaintiff, CAPITAL ONE BANK (USA), N.A., and
against Defendant, ELAINE A MEREDITH, for failure to comply with the terms and conditions
of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on March 10, 2010, a
copy of which is attached hereto as Exhibit "A".
Assess damages in the amount of:
Balance: $ 2,473.61
Less: Payments: ( 50.00)
Plus: Interest from March 10, 2010 14.57
TOTAL ( / / $ 2,438.18
David J. Apothaker, Esq.
Attorney for Plaintiff 414- 00 p
PO
Dated: May 21, 2010 C*' 18a 1,31
0 Igagqg
K ?Ou?i?
Our File No.: 157804
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
CAPITAL ONE BANK (USA), N.A.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
VS.
ELAINE A MEREDITH
NO.: 08-3076
Defendant
David J. Apothaker, Esquire, certifies as follows:
Civil Action
1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys
for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of
the facts herein.
2. The matter was settled by and between the parties by Stipulation in Lieu of
Judgment (Stipulation), on March 10, 2010, a copy of the Stipulation is attached hereto and
marked as Exhibit "A".
3. Defendant breached this agreement by failing to make payments in accordance
with the terms of said Stipulation.
4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of
Judgment in the amount of $2,473.61, giving the Defendant credit for payments made totaling
$50.00, plus interest in the amount of $14.57, for a total of $2,438.18.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penaWes f 18 Pa.C.S.A. §4904, relating to
f
unsworn falsification to authorities.
David J. A thaker, Esq.
Attorney f Plaintiff
Dated: May 21, 2010
Our File No.: 157804
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
CAPITAL ONE BANK (USA), N.A.
VS.
Plaintiff
ELAINE A MEREDITH
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-3076
Civil Action
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the
attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 48
RUSTIC DR SHIPPENSBURG, PA 17257.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the Def s M wer Data Center has sent back
our inquiry indicated that the Defendant(s) is/are not ' e itary.
David J. Apothaker, Esq.
Attorney for Plaintiff
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
Deparaaaea afbease Manpower Dare Cestu
hokslySb" Report
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Our file No.: 157804 ' ?..
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 55140
)
CAPITAL ONE BANK (USA), N.A. )
Plaintiff, }
vs. )
)
ELAINE A MEREDITH
}
Defendant. }
=-x
°
`
-ra 7
?
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 08-3076
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 February 23, 2010, STIPULATED by and between Plaintiff, CAPITAL
ONE BANK (USA), N.A., and Defendant, ELAINE A MEREDITH parties as follows:
1. Defendant agrees to pay the sum of $2,473.61, 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 $1,400.00 have been applied to the
amount of $2,473.61, and the amount due and owing as of February 23, 2010 is
$1,073.61.
3. The sum aforesaid of $1,073.61 shall be paid by the by Defendant,
ELAINE A MEREDITH, to the attorneys for Plaintiff in the following manner:
a. $50.00 to be paid on or before the 15'h day of each month, beginning
March 15, 2010 until paid in full.
All checks are to made payable to CAPITAL ONE BANK (USA), N.A.,
and sent to:
Apothaker & Associates, P.C., i'
520 Fellowship Road C306
MountLaurel, NJ 08054
l _ _
Our file No.:. 157804
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 $2,473.51, 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 ELAINE A
MEREDITH 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 Engaged ia0t.Coliwtioi
By:
Esquire
ELAINE A MEREDITH
157804
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CAPITAL, ONE BANK (USA), N.A. ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs. )
ELAINE A MEREDITH ) NO. 08-3076
To: ELAINE A MEREDITH
48 RUSTIC DR
SHIPPENSBURG, PA 17257
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
Date of Notice: June 17, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
L
DAVID J. APOTHAKER, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorney for Plaintiff
Attorney ID #38423
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: ELAINE A MEREDITH
48 RUSTIC DR
SHIPPENSBURG, PA 17257
CAPITAL ONE BANK (USA), N.A.
Plaintiff
VS.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-3076
ELAINE A MEREDITH
Defendant
Civil Action
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS
AND CONDITIONS OF THE STIPULATION IN LIEU OF
JUDGMENT
JUDGMENT BY DEFAULT
? JUDGMENT IN REPLEVIN
F] JUDGMENT BY CONFESSION
? JUDGMENT FOR POSSESSION
? JUDGMENT ON AWARD OF ARBITRATORS
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker. Esq. at this telephone number: 215-634-8920
D-A)
N/
Our File No.: 157804
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker
Attorney I.D.# 55140
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
VS.
ELAINE A MEREDITH
Defendant.
FILED-OFFICE
OF TNE.PROTNONOTARY
2010 NOV 18 PM 1: 15
CUMBERLAND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-3076
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
Please vacate the Judgment against the Defendant.
APOTHAKER & ASSOCIATES, P.C.
Attorneys for Plaintiff
A Law Firm Engaged ' ebt Collection
By:
David J. Apothaker
Our File No.: 157804
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
CAPI1 AL ONE BANK (USA), N.A.
Plaintiff,
vs.
ELAINE A MEREDITH
OF TH??PRaTHO UTARY
1012 JAN 13 AM 11: 36
CUMBERLAND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-3076
Defendant.
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss this action without prejudice.
APOTHAKER ramelin OCIATES, P.C.
Attorne Plaintiff
A Law Firm En Debt Callectioi
By: V
David J. A thaker, Esquire
Dated: 12/29/2011
?IIIIN?NN??IMIII?