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Home My WebLink About08-3677. y Our File No.: 158044 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. KIMBERLY S SMITH 6 PEWTER LANE BOILING SPRINGS, PA 17007 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b8. 3U77 0tv? t Tern1 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY -? NO.: OP- 3477 KIMBERLY S SMITH 6 PEWTER LANE BOILING SPRINGS, PA 17007 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are KIMBERLY S SMITH, an adult individual residing at 6 PEWTER LANE BOILING SPRINGS, PA 17007. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4862362468455236. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $5,113.53. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. .- r t WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,113.53 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SOCIATES, P.C. Attome f Plaintiff A Law Firm En ae in Debt Collection BY: Dated: 6/12/2008 Our File No.: 158044 VERIFICATION fatim. , 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: First 3 months half-price 97 \ 4 = morrom; 1 1 ? 59.05Jmo. thereafter Now with FREE Accelerator for the firm 12 mango +'110 trafue SIGN UP TODAY: ' 1-877-778-1207 Mention Offer Code: GARNET Or visit www.peoplepc.com/go/gamet peoplepc- online A better way to Intemet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Virus Protection poweved by symamec- ® Pop-Up BlockerTm Spam Controls ® Smarter Smart Dialer Technology ® [W More Email Addresses ® e Internet Call Waiting Capitalow PLATINUM VISA ACCOUNT 4862-3624-6845-5236 APR 20 - MAY 19, 2005 Page 1 of 1 Account Previous Balance $.2,733.75 Payments Credits and Adjustments $.00 Transactions 335.00 Finance Charges $60.72 New Balance $2,529.47 Minimum Amount Due $2,829.47 Payment Due Date June 18, 2005 Total Credit Line $2,250 Total Available Credit $.00 Credit Line for Cash $990 Available Credit for Cash $.00 At your service To mB Clatomr Rdatiom or to report a lost or stolen esrd 1-800-903-3637 For free online account scrim and special automr offer, log on to: w .mpitdonecom Send paymmis to: Send inquirim to: Attn: Remittance Psoeersing Capitd One Bank Capin! One Service P.O. B. 790216 P.O. Box 85015 St Louis, MO 63179-0216 Ridunond, VA 23285-5015 Payments, Credits and Adjustments Transactions 1 19 MAY PAST DUE FEE $35,00 One proudly supports the National Youth Anti-Drug Media Campaign. P NT S. THE ANTI-DRUG. Stay Involved - Ask Qestions. To get the FREE booklet, 'Keeping Your Kids Drug-Free,' call 1-800.70-2800 or visit www.TLeAntiDnug com141 You were assessed a past due fee of $35.00 on 05/19/2005 becxm your minimum payment was not received by the due date of OS/19/2005. To avoid this fee in the fum we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Pkarctare nesdefirimportantinformatan Sdmv ellr ' Phi.& ?pedu C r ?`? WE rlm a yP1 safe PR RCHWpS $1,15&07 .07326%P 26.7476 $25.45 &00 .07326%P 26.74% &00 SPECIAL. TRANSFERS $1,604.91 .07326%P 26.74% &35.27 ANNUAL PERCENTAGE RATE applied this period 26.74% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4862362468455236 19 2829470065002829472 New Balance $2.829.47 Minimum Amount Due $2.529.47 Payment Due Date June 18, 2005 Total enclosed i Atoomt Number: 41162-3624-6545-5236 Capital One Bank P.O. Box 790216 1I1u1ur11111u111u1 St. Louis, MO 63179-0216 II'IIII III1111'I1111l Il ll lI II IIIililllllll?I11111 ?IIIIIIIIIIII P&-P_& m dzv4ik mYorrrldld?des &Iam aumd64uwAt"nsi S_ Apt # ch7 Sum ZIP Home Pb- Alz Phone EmsIlAddsm #9014086189943487# MAIL ID NUMBER KIMBERLY S SMITH n PO BOX 431 CARLISLE PA 17013-0431 o ? i? Please turitcyorv armvnt nrnnbn on your rJxck or money order madepayable to Capital One Bank and mail in the endwed a lope. '?4',,.^. 1 ra i ...1.. rn ". 0 CD ? { O A 0 :-. to _.. -- ?rn CD SHERIFF'S RETURN - REGULAR CASE NO: 2008-03677 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS SMITH KIMBERLY S MICHAEL BARRICK Cumberland County,Pennsy says, the within COMPLAI gMTTH KIMBERLY S , Sheriff or Deputy Sheriff of Lvania, who being duly sworn according to law, VT & NOTICE was served upon the DEFENDANT , at 2106:00 HOURS, on the at 6 PEWTER LANE RnTT TNCC SPRINGS, PA 170q7 KIMBERLY SMITH by handing to a true and attested cop4 of COMPLAINT & NOTICE together with and at the same time d4ecting Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge n 7/b?/vf Sworn and Subscibed to before me this of 8.00 5.00 .00 0.00 .00 3.00 y 1st day of July , 2008 By: A. D. So Answers: R. Thomas Kline 07/02/2008 APOTHAKE ` r Our file No.: 158044 -2. APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff Attorney ID # 38423 CAPITAL ONE BANK (USA), N.A. ) Plaintiff, ) vs. ) KIMBERLY S SMITH ) Defendant. ) S.EP - 5 200 ?• 8 COURT OF COMMON PLEAS CUMBERLAND COUNTY 3u ?? DOCKET NO.: 084944- 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 August 26, 2008, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA), N.A., and Defendant, KIMBERLY S SMITH, parties as follows: 1. Defendant agrees to pay the sum of $5113.53, 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, KIMBERLY S SMITH, to the attorneys for Plaintiff in the following manner: a. Payments totaling $1,595.00 have been made; since July 1.4, 2008 b. Payments of $10.00 per month, to be paid on or before the 151h of every month, starting September 15, 2008 until the 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 3. In the event Defendant, KIMBERLY S SMITH fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant in writing of default. 4. If the default is not cured within 15 days after receipt of written notice to the Defendant's attorneys, then Plaintiff has the right to obtain entry of Judgment against Defendant, KIMBERLY S SMITH, ex parte, in the sum of $5113.53, giving Defendant, KIMBERLY S SMITH, 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 foVia tiff _ A Law Firm Engaged' ollec By: Scian, Esquire IMBE Y SMITH ' C ra c° Q all C' ? Our File No.: 158044 , 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. Plaintiff, VS. KIMBERLY S SMITH Defendant. Civil Action 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, KIMBERLY S SMITH, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on September 16, 2008, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of. Balance: Less: Payments: Plus: Interest from September 16, 2008 TOTAL APOTHAKER & Attorneys A Law Firm EnizaR By: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 08- 3617 NO.:-flB='639`7 SO IATES, Pl intiff in ebt ollect $ 5,113.53 ( 2,145.00) 179.81 $ 3,148.34 David J. Apothaker Dated: August 12, 2009 Our File No.: 158044 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. Plaintiff, vs. KIMBERLY S SMITH Defendant. CERTIFICATION David J. Apothaker, Esquire, certifies as follows: 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 September 16, 2008, 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 $5,113.53, giving the Defendant credit for payments made totaling $2,145.00, plus interest in the amount of $179.81, for a total of $3,148.34. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I ammbject to punishment. APOTHAKER &. Attorneys A Law Firm EnaaQ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6377 3TES, P ection By: David J. Our File No.: 158044 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. NO.: 08-6377 KIMBERLY S SMITH Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 PO BOX 431 CARLISLE, PA 17013. 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 e endant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Def se anpower,Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the milit David J. pothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. APP.C. ATTORNEYS AT LAW Department of Defense Manpower Data Center AUG-12-200913:13:1 S Mary Stain Report Pursuant to the Sean tmembers Civit ReW Act Test fiNSUNEddle ' Bed Date Active Duty Status ServicrlAz*acy 1?atet#e: S 4fITH KniB RI. ' ; Based on the information you hm c fiunishcd, the D.SDG cues not possess any irfmoation indicating 69 the kxlvstlual is currently on active duty. Upon se g the csformatian daft banks of the Department c(Defense Manpower Data Ceder, based on the iaf'or that you provided, the abcwe is the current status of the irs&iclual as to ail branches of the INgoary. Mary M. Snavely-Dixm Director Dent of Defense - Manpower Data Center 1600 Wilson Blvd- Sure 400 Arlingtxi? VA 22209-2593 Tire Defense Manpower Data Center {]DCD is an organization, of the Depantauent of Defense that maintains the Defense :Enrol and EIg# W Repor?arag Systeaa (DIMS) databasc w?aich is the Wicid sake of data on a sky for mikary mod" rare and other e3 o ty systems. The Department of Defense stron* supports twe ea cement of the Sers emembers Cif Rd of Act [50 USCS Appx- 'f § 501 et seq] (SCRA) (forn erly the Soktiers' and Sailors' Civil Rcff'Act of 1940)_ D_MDC has ssuedlr s of 6ousands of "does not possess inibrawboa indicating diat the is ewe* on active duly" responses, and has wed a snuls error rate. In the event the ` individual referenced above, or my fogy member, ffienct or representative asserts in any manner that the in? is on active duty= or is ofiterwise exceed to the protections of the SCRAs you stron& encouraged to obtain hurther ofthe,persods active duty status by contacting that persais s Mkary Service via the'ddenselaak.mi" URL provided bdow. If you have cNidence the person is on active-duty and you fail to obtain this additimal t ry Service,.milication, provisions of the SCRA may be invoked against yow if you obtain further ormation about the person ( e.g., an SSN, improved accuracy of DOB, a mite name), you can submit your request again at this Web she and we wil provide a new certificate for drat query, This response rdlects current active duty status only. For bworical ' please contact the H urry Service SERA poirt- of-codart. See: httg ;?v:defisel?k.mCtYtais?FGSLDR.I WARNING: This certificate was provided basal on a name and Social Security number (SS provided by the requester. Rrovi g erroneous name or SSN will cause an erroaneous certificate to be provided. X rtiI1IMSMtlGIGO 215 634.8920 215 634.8421 It Our file No.: 158044 - L APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff Attorney ID # 38423 CAPITAL ONE BANK (USA), N.A. Plaintiff, Vs. KIMBERLY S SMITH Defendant. 5 4.. ... . .--. i P 2QA COURT OF COMMON PLEA CUMBERLAND COUNTY a DOCKET NO.: 08-6377 `'; ° - cr+ r ?: Civil Action" { STIPULATION IN LIEU OF MD?N?c The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on August 26, 2008, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA), N.A., and Defendant, KIMBERLY S SMITH, parties as follows- 1 . Defendant agrees to pay the sum of $5113.53, 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, KIMBERLY S SMITH, to the attorneys for Plaintiff in the following manner: a. Payrr_ents totalin, $1.595.00 have bccn madf! since July 14, 2008 b. Payments of $10.00 per month, to be paid on or before the 15t' of every month, starting September 15, 2048 until the balance is paid. All checks are to made payable to CAPITAL ONE BAND (USA), N.A., and sent to: Apothaker & Associates, P.C. 520 Fellowship Road 0306 Mount Laurel, NJ 08054 3. In the event Defendant, KIMBERLY S SMITH fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant in writing of default. 4. If the default is not cured within 15 days after receipt of written notice to the Defendant's attorneys, then Plaintiff has the right to obtain entry of Judgment against Defendant, KIMBERLY S SMITH, ex parte, in the sum of $5113.53, giving Defendant, KIMBERLY S SMITH, 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 P*tiff A Law Firm ngagee ollecl By: Ism )rly . Scian, Esquire E Y SMITH CF THE P?,;?,; 200 AUG 20 Ali 8: Q 8 v AUNTY 4PO P? .414.00 plt- aaQ 4 q 4 E3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KIMBERLY S SMITH PO BOX 431 CARLISLE, PA 17013 CAPITAL ONE BANK (USA), N.A. Plaintiff, vs. KIMBERLY S SMITH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ) NO.: 08-6377 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 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 81a%9