HomeMy WebLinkAbout08-5289Our Fib No.: 178757
APOTHAKER & ASSOCIATES, P.C.
B : David J. Xpothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PALISADES ACQUISITION XVI, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
Vs.
MICHAEL KOTZ
42 W WILLOW ST
CARLISLE, PA 17013-3859
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.. 0$ - 5x89
NOTICE
O,ivit 7erM
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
Our File No.: 178757
APOTHAKER & ASSOCIATES, P.C.
BY: David J. tpothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
PALISADES ACQUISITION XVI, LLC
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
VS.
MICHAEL KOTZ
42 W WILLOW ST
CARLISLE, PA 17013-3859
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: osr- Sa99 CA;j
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C., 520
Fellowship Road C306, Mount Laurel, NJ 08054.
2. Defendant(s) is/are MICHAEL KOTZ, an adult individual residing at 42 W WILLOW ST
CARLISLE, PA 17013-3859.
3. Plaintiff, PALISADES ACQUISITION XVI, LLC, is the Assignee and Successor in Interest of
Account #71171500511572; and said account was issued to Defendant(s) by PLATINUM/BENEFICIAL, the
Original creditor.
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 $4,470.23. 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
$1,470.23 and bequests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & CIATES, P.C.
Attorney for lain?tifff?,
A Law Firm Engag d An T)t4 ('.nllPrtinr
BY:
David J. Apothfficer, Esquire
Dated: 8/27/2008
Our File No.: 178757
A*.
VERIFICATION
David J. Apothaker 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 Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief a undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 eta g to unworn falsification to authorities.
David J. Apothaker, Esquire
Attorney for Plaintiff
DATE: 8/27/2008
PALISADES ACQUISITION XVI, LLC
MICHAEL KOTZ
42 W WILLOW ST
CARLISLE, PA 17013-3859
STATEMENT OF ACCOUNT
Debtor's Name: MICHAEL KOTZ
Account Number: 71171500511572
Original Creditor: PLATINUM/BENEFICIAL
Balance Due: $4,470.23
Our File No.: 178757
EXHIBIT "A"
po
rn
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05289 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PALISADES ACQUISITION XVI LLC
VS
KOTZ MICHAEL
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
KOTZ MICHAEL
the
was served upon
DEFENDANT
at 1350:00 HOURS, on the 13th day of September, 2008
at 42 W WILLOW ST
CARLISLE, PA 17013
MICHAEL KOTZ
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 5.00
Affidavit .00
Surcharge 10.00
.00
!v/p31Qp Q7A, 3? 3.00
Sworn and Subscibed to
before me this day
So Answers:
A
R. Thomas Kline
09/15/2008
APOTHAKER & ASSOCIATES
By:
D puty heriff
of A. D.
_ f--z
Our file No.: 178757 V
APOTHAKER & ASSOCIATES, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
Attorney ID# 55140
PALISADES ACQUISITION XVI, LLC
Plaintiff,
vs.
MICHAEL KOTZ
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 08-5289
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 06, 2009, STIPULATED by and between Plaintiff, PALISADES
ACQUISITION XVI, LLC, and Defendant, MICHAEL KOTZ parties as follows:
1. Defendant agrees to pay the sum of $4,648.31, 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 $1,000.00 have been applied to the
amount of $4,648.31, and the amount due and owing as of February 06, 2009 is
$3,648.31.
3. The sum aforesaid of $3,648.31 shall be paid by the by Defendant,
MICHAEL KOTZ, to the attorneys for Plaintiff in the following manner:
a. $100.00 to be paid on or before the 23`d day of each month, beginning
February 23, 2009 until paid in full.
All checks are to made payable to PALISADES ACQUISITION XVI,
LLC, and sent to:
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
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 $4,648.31, giving Defendant credit
for any sums actually paid pursuant to the terms of this Stipulation.
5. 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 MICHAEL KOTZ 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
By:
jj ?
MICHAEL KOTZ
20,9 CCT 19 Fit 2: 27