HomeMy WebLinkAbout08-6058Our File No.: 176676
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.
NATHAN S MAIN
312 E MARBLE ST
MECHANICSBURG, PA 17055-4263
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 68 - 0058 Civil teat
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
1
Our File No.: 176676
APOTHAKER & ASSOCIATES, P.C.
$Y: David J. Apothaker, Esquire, Esq.
Attorney I.D.#38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CAPITAL ONE BANK (USA), N.A.
c/o Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
Plaintiff,
vs.
NATHAN S MAIN
312 E MARBLE ST
MECHANICSBURG, PA 17055-4263
Defendant.
NO.: 0P- GOSH'' ? 1_
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 NATHAN S MAIN, an adult individual residing at 312 E MARBLE ST
MECHANICSBURG, PA 17055-4263.
3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A.,
issued to Defendant(s), Account #4121741397782637.
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 $3,954.21. 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
3,954.21 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER YA9,CIATES, P.C.
Attorneaintiff
A Law Firm Eng Debt Collection
BY:
David J. Apytbaker, Esquire
Dated: 10/2/2008
Our File No.: 176676
r
VERIFICATION
is 1-461114,
4, hereby states that I am Lim f 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.
NATHAN S MAIN
312 E MARBLE ST
MECHANICSBURG, PA 17055-4263
STATEMENT OF ACCOUNT
Debtor's Name: NATHAN S MAIN
Account Number: 4121741397782637
Balance Due: $3,954.21
Our File No.: 176676
EXHIBIT "A"
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06058 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
MAIN NATHAN S
STEVE BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MAIN NATHAN S
the
DEFENDANT
at 0014:30 HOURS, on the 15th day of October , 2008
at 312 E MARBLE ST
MECHANICSBURG, PA 17055-4263 by handing to
NATHAN MAIN
DEFENDANT
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 10.00
Affidavit .00
Surcharge 10.00
.00
?D11yo8 38.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
10/16/2008
APOTHAKER & ASSOCIATES
By:
Deputy Sheriff
was served upon
of A. D.
Our file No.: 176676
APOTHAKER & ASS' L TES, 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.
NATHAN S MAIN
Defendant.
NOV - 51UU?
COURT OF COMMO ?'?
CUMBERLAND COUNTY
DOCKET NO.: Q,a.,1 ?
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, NATHAN S MAIN parties as follows:
1. Defendant agrees to pay the sum of $4,141.81, 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 $4,141.81 shall be paid by the by Defendant,
NATHAN S MAIN, to the attorneys for Plaintiff in the following manner:
a. $621.15 to be paid on or before October 29, 2008 and November 29,
2008;
b. $100.00 to be paid on or before the 29th day of each month, beginning
December 29, 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
r
Judgment against Defendant ex parte, in the sum of $4,141.81, 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 NATHAN S MAIN by first-class, postage prepaid.
We hereby consent to the form and entry of the within Stipulation.
APOTHAKER & ASSOCIATES, P.C.
Attorneys for intiff
,?I w Firm Engaged jnDpbt-eo-7e-dtioi
Y7 Scian, Esquire
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