The URL can be used to link to this page

Home My WebLink About08-5991Our Fife No.: 149983 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ANDREW R BAKER 902 RIVER RD MARYSVILLE, PA 17053 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08 - sggt "- I 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 fii Cher 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.: 149983 rAPOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ANDREW R BAKER 902 RIVER RD MARYSVILLE, PA 17053 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: nk 59 Q' e" CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are ANDREW R BAKER, an adult individual residing at 902 RIVER RD MARYSVILLE, PA 17053. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4388641607205882. 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 $1,615.53. 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. 'WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,615.53 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. SECOND COUNT 8. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account 45178051891701045. 9. Defendant received, accepted and used the account to its benefit. 10. This account is in default and Defendant(s) has an unpaid balance of $1,382.68. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "B". 11. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "B". 12. 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 $1,382.68 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. `WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,998.21 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' ff A Law Firm Engaged in got Collection BY: David J. Apothaftif,' Esquire Dated: 10/1/2008 Our File No.: 149983 L VERIFICATION ,u! " , 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 unswom falsification to authorities. DATE: CAPITAL ONE BANK (USA), N.A. ANDREW R BAKER 902 RIVER RD MARYSVILLE, PA 17053 STATEMENT OF ACCOUNT Debtor's Name: ANDREW R BAKER Account Number: 4388641607205882 Balance Due: $1,615.53 Our File No.: 149983 EXHIBIT "A" ANDREW R BAKER 902 RIVER RD MARYSVILLE, PA 17053 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Balance Due: Our File No.: 150751 CAPITAL ONE BANK (USA), N.A. ANDREW R BAKER 5178051891701045 $1,382.68 EXHIBIT "B" oo _J 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05991 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS BAKER ANDREW R WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAKER ANDREW R the DEFENDANT at 902 RIVER RD at 1631:00 HOURS, on the 9th day of October , 2008 MARYSVILLE, PA 17053 ANDREW BAKER 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 Service Affidavit Surcharge /o/14`b 18.00 17.00 .00 10.00 .00 45.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/10/2008 APOTHAKER & ASSOCIATES By. 77?? Deputy Sheriff A. D. - i , Our file No.: 149983 & 150751'x. 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. ANDREW R BAKER Defendant. Nov 3 2008 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-5991 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 October 28, 2008, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA), N.A., and Defendant, ANDREW R BAKER parties as follows: 1. On Our File No: 149983, Defendant agrees to pay the sum of $1,615.53, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $1,615.53 shall be paid by the by Defendant, ANDREW R BAKER, to the attorneys for Plaintiff in the following manner: a. $486.00 to be paid on or before October 27, 2008; b. $100.00 to be paid on or before the 30th day of each month, beginning November 30, 2008 until paid in full. 1. On Our File No: 150751, Defendant agrees to pay the sum of $1,382.68, 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 $1,382.68 shall be paid by the by Defendant, ANDREW R BAKER, to the attorneys for Plaintiff in the following manner: c. $486.00 to be paid on or before October 27, 2008; d. $100.00 to be paid on or before the 30th day of each month, beginning November 30, 2008 until paid in full. and sent to: All checks are to made payable to CAPITAL ONE BANK (USA), N.A., 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 Judgment against Defendant ex parte, in the sum of $2,998.21, 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 ANDREW R BAKER 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 Engage i bt Collection -- Y: Kimberl Scian, Esquire ANDREW R BAKER T ,: a w . ' 11! C n \ David 1D. <BuelC Prothonotary KirkS. Sohonage, E,SQ Solicitor &nee X Simpson 1" Deputy Prothonotary Irene E. Morrow 2"d Deputy Prothonotary office of the Prothonotary Cumberland County, Pennsylvania 68-577 CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square * Suite 100 • Carlisle, PA 17013 • (717) 240-6195 9 Fad (717) 240-6573