HomeMy WebLinkAbout08-4914v_
Our File No.: 176764
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, 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.
JOHN W DILLER
39 ESSEX RD
CAMP HILL, PA 17011
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08 - 14q Iq ai y (. lex*,
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.
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
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APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire, 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.: OF- y91Y CLcl % 1
JOHN W DILLER
39 ESSEX RD
CAMP HILL, PA 17011
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 JOHN W DILLER, an adult individual residing at 39 ESSEX RD CAMP
HILL, PA 17011.
3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A.,
issued to Defendant(s), Account #4305722110772905.
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 $39,676.93. 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.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$39,676.93 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable
law.
APOTHAKER & ASSOCIATES, P.C.
Attorney f aintiff
A Law Firm Enaa d ' Debt Co4.e6o
BY:
Dated: 8/6/2008
David J. ApotHaker, Esquire
Our File No.: 176764
VERIFICATION
??l (! 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.
JOHN W DILLER
39 ESSEX RD
CAMP HILL, PA 17011
STATEMENT OF ACCOUNT
Debtor's Name:
Account Number:
Balance Due:
Our File No.: 176764
JOHN W DILLER
4305722110772905
$39,676.93
EXHIBIT "A"
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04914 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
DILLER JOHN W
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DILLER JOHN W the
DEFENDANT
at 1650:00 HOURS, on the 3rd day of September, 2008
at 39 ESSEX ROAD
CAMP HILL, PA 17011 by handing to
BILLIE SUE HARDING WIFE
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 14.00
Affidavit .00
Surcharge 10.00
gtn1Of 00
42.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
09/04/2008
APOTHAKER & ASSOCIATES
B
eputy Sh riff
A.D.
Our File No.: 176764
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
CAPITAL ONE BANK (USA), N.A
Plaintiff,
vs.
JOHN W DILLER
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-4914
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss this action without prejudice.
APOTHAKER
A Law Firm
By:
?OCIATES, P.C.
Plaintiff
in Debt Collection
Apothaker, Esquire
Dated: 10/21/2008
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