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Home My WebLink About08-4946Our'File No.: 176977 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. JASON SHUGHART 1601 WARREN ST NEW CUMBERLAND, PA 17070-1143 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 06 - ggµ(o 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 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. JASON SHUGHART 1601 WARREN ST NEW CUMBERLAND, PA 17070-1143 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: YG c r",; I +e r• % 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 JASON SHUGHART, an adult individual residing at 1601 WARREN ST NEW CUMBERLAND, PA 17070-1143. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4862362228876457. 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 $4,562.27. 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 $4,562.27 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for tiff A Law Firm En2a2 in ebt Collection BY: David J. A Dated: 8/11/2008 Our File No.: 176977 VERIFICATION ,u 16. r j , hereby states that I am "f for plaintiff in this J --I f 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. JASON SHUGHART 1601 WARREN ST NEW CUMBERLAND, PA 17070-1143 STATEMENT OF ACCOUNT Debtor's Name: JASON SHUGHART Account Number: 4862362228876457 Balance Due: $4,562.27 Our File No.: 176977 EXHIBIT "A" C=D ? -n # tJ{ = M :Q r-- St? o a ?-' ? CK) -? ran ? W -G r c : . x 00 > Cw CY i y SHERIFF'S RETURN - REGULAR CASE NO: 2008-04946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS SHUGHART JASON 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 CuTT(`_TTh'PT .T21Cn1\l the DEFENDANT , at 2016:00 HOURS, on the 3rd day of September, 2008 at 1601 WARREN STREET NEW CUMBERLAND, PA 17070 JASON SHUGHART by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 17.00 Affidavit .00 Surcharge 10.00 .00 9/0 ??n Y 45.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/04/2008 APOTHAKER & ASSOCIATES B Deputy S eriff A.D. Our file No.: 176977 4 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. ) JASON S1 UGHART ) Defendant. ) SEP i i L 1 2008! COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-4946 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 September 09, 2008, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA), N.A., and Defendant, JASON SHUGHART parties as follows: 1. Defendant agrees to pay the sum of $4,753.18, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $4,753.18 shall be paid by the by Defendant, JASON SHUGHART, to the attorneys for Plaintiff in the following manner: a. $712.50 to be paid on or before September 26, 2008; b. $712.50 to be paid on or before October 24, 2008; c. $200.00 to be paid on or before the 30th of each month, beginning November 21, 2008 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 3. 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 P- _ k . ? ? r Judgment against Defendant ex parte, in the sum of $4,753.18, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. 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 JASON SHUGHART by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl ' tiff A Law Firm Enizaee ollectioi F/'Scian, Esquire AS N SH G T C'? N Fem., Fri ? "i7 J :l E..:'" cr, P Our File No.: 176977 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire 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. JASON SHUGHART Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4946 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection B y: ,2' 'C' , Kimber . Scian, Esquire Dated: June 16, 2009 BLED )"Fi(? "r 2 0 0 9 J111 19 PN IL. !4 4"