The URL can be used to link to this page

Home My WebLink About09-0728Out File No.: 193673 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. BRANDI JONES 360 MOOREDALE RD CARLISLE, PA 17013-9463 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OQ - 7a $ 01""ITerm 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 Out File No.: 193673 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. BRANDI JONES 360 MOOREDALE RD CARLISLE, PA 17013-9463 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. OR - 7z ? -r ACTION COMPLAINT CIVIL 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 BRANDI JONES, an adult individual residing at 360 MOOREDALE RD CARLISLE, PA 17013-9463. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A., issued to Defendant(s), Account #4862362382248568. 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 $1,582.16. 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 $1,582.16 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SOCIATES, P.C. Attorne fo, Plaintiff A Law Firm EngRed in Debt Collection BY: David J. A#6thaker, Esquire Dated: 2/2/2009 Our File No.: 193673 K VERIFICATION 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: t C C O ` E.o. c ,ma, o c Ig _ H Co a C Q ? ?n w A V ca .,, CL ?m ccM cc M i t A m E ? R O [n y O N m L O .? a N = r a ? H E S c A .? C 2 32 L 3 ? O Q ? z N d y i A O c v C-i t, F N Y C 2., ba 32 P- C.3 D O W CL L a O Z C-i d LV O d d ? 0 I° a a, t v g? m ?o y Cl) O C N E 4- a 0 E? -? m ?L 00 V Qa ? N N co c c? co cc L ? L cl- b - ?s i w??a ?w . rr?? 1 y N N ? O c ?= la ro v 10 ? o C't} ro c q ro ? N 40 to 0? o a a o t7 u to o ca o N u a r > With Capital One* online account servicing, getting account information and Access your making payments is easy. Check out just a few of the things you can do: --) Pay your bill online account online ... -4 Check your balance and available credit View your statement Register today at www.capitalone.com. Account see revefse for details > m n Previous Balance $894.69 Payments, Credits and Adjustments 5.00 Transactions $29.00 Frmnce Charges $19.90 New Balance $943.59 Minimum Amount Due $943.59 Payment Due Date July 22, 2006 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $,00 Atyourm-vioe To all Customer Rdstions or to report a lost or stolen aid: 1-800-955-7070 For free online aaconat urvia and special eutomer offem, log on to. vmw.apitalone.eom Send payments to: Send inquiries to. Attn: Rernittana Pmonaing Capital One Bank Capital One P.O. B. 790216 P.O. Box 30285 St Louis, MO 63179-0216 SLC, UT 84130-0285 Important Account Infonnptlon Take control and cart paying your bill online for free. Eliminate the bassle of writing cheeks, finding stamps, and sealing envelopes. Everything you need to access, review, and pay your bill is available online. Our website offers you a convenient, simple, and secure way to manage your account Visit www.cWkalone.com and register your account to start simplifying your life today. PLEASE RETURN PORTION BELOW WITH PAYMENT V M C -;T W 0000000 0 4862362382248568 23 0943590050000943599 New BaLmrs 5943.59 Minimum Amount Due $943.59 Payment Due Date July 22, 2006 Total enclosed S Account Number: 4862-3623-8224-8568 Plus, take advantage of other special offers developed especially for you! QW&MCW W1a.Nxfnym wAwet7- 027 027-0402 PLATINUM VISA ACCOUNT MAY 24 - JUN 23, 2006 4862-3623-8224-8568 Pagel of 1 Payments, Credits and Adjustments Transactions 1 23 JUN PAST DUE FEE $29.00 You were assessed a past due fee of $29.00 on 06123/2006 bera„e. your minimum payment was not received by the due date of 06/23/2006. To avoid this fee in the fissure, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Ple eseerrvmerideforrmommistrnjanrrmon B.t-k pff;.& C- d Rea Jfo rate PURCHASES $872,20 .07096% 25.90% $19.19 CASH $32.07 .07096% 25.90% $.71 ANNUAL PERCENTAGE RATE applied this period Pk.repwd e+m7ixgeJd. e-me;lvimg«&lau.u rhl--hL.E-L 25.9094 snen Apt* - Gry Sox ZIP Home Phone Alxrmx Phone memo #9017533708532033# MAIL ID NUMBER Capital One Bank ?_ BRANDS JONES P.O. Box 790216 1111111111111111111111 N 360 MOOREDALE RD St. Louis, MO 63179-0216 i CARLISLE PA 17013-9463 0 lill1111llllllllllllllllllllllllllll ll 11111 llllllll ll ll ll 1111! ? ? Please writeyour account -amber -Your `bx i or money order m,&epoynbk to Capital One Bank and mail in the endwedenvelope. r ? ?. ?,J -- CfJ 7'T't Ga C SHERIFF'S RETURN - REGULAR CASE NO: 2009-00728 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS JONES BRANDI KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES BRANDI the DEFENDANT , at 0021:06 HOURS, on the 11th day of February-, 2009 at 360 MOORESDALE RD CARLISLE, PA 17013 BRANDI JONES 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: So Answers: Docketing 18.00 Service 7.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.20 02/12/2009 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this by handing to DEFENDANT By: day of A. D. C 'C + .." .? 51 1-1 C.aj `' r Our file No.: 193673 ?- APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 = T Mount Laurel, NJ 08054 Cyr' (800) 672-0215 Attorneys for Plaintiff ° Attorney ID# 55140 COURT OF COMMON P CAPITAL ONE BANK (USA),N.A. ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 09-728 VS. ) BRANDI JONES ) Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. ) 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 23, 2009, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA),N.A., and Defendant, BRANDI JONES parties as follows: 1. Defendant agrees to pay the sum of $1,699.27, 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 $1,699.27 shall be paid by the by Defendant, BRANDI JONES, to the attorneys for Plaintiff in the following manner: a. $300.00 to be paid on or before February 23, 2009; b. $92.00 to be paid on or before the 23`d day of each month, beginning March 23, 2009 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 Judgment against Defendant ex parte, in the sum of $1,699.27, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. - 0 s 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 BRANDI JONES by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for laintiff A Law Firm Engaizedj,6 '.ollectioi Scian, Esquire BRANDI JONE C ra ° C) .?s HiM Our File No.: 193673 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker 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. BRANDI JONES Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-728 Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, CAPITAL ONE BANK (USA),N.A., and against Defendant, BRANDI JONES, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on March 17, 2009, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: (a) Balance: (b) Payments: (b) Interest from May 05, 2009 TOTAL APOTHA.KER & A Law Firm By: $1,699.27 $ (300.00) 11.32 $1,410.59 )CIATES, P.C. laintiff Debt Collection David J. Apothaker Dated: 5/5/2009 Our File No.: 193673 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK (USA),N.A. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) VS. ) NO.: 09-728 BRANDI JONES ) CERTIFICATION Defendant. ) David J. Apothaker, Esquire, certifies as follows: 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on March 17, 2009; a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of Judgment in the amount of $1,699.27, giving the Defendant credit for payments made totaling $ (300.00) plus interest in the amount of $ 11.32, for a total of $1,410.59. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully falsefamAubject to punishment. .C. A Law Firm 47" Collection By: David J. Apothaker Our File No.: 193673 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK (USA),N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. NO.: 09-728 BRANDI JONES Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 360 MOOREDALE RD CARLISLE, PA 17013-9463. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Degafso'q Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the mil' The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Department ofD e M wposvar Data Cenia 0 Mltary Stntus Report Purswmat W the Sa wic ers Civil ReliefAct Alliv Mary M. Snavdy-Dixon, Ditectcr Dot o( Defense - Mampo?wer Data Centex 16M WiMm Blvd. Suite 400 A&ipOa, VA 22209-2593 MAY-05-2009 06-39-31 . The Defense Manpower Data Ceuta (DMD is an ogpnk tbn of the Dspartnu me nt afDa6sse that tuskiduss the Defer. Erwr t and ff ty Reporting System (DEEPS) cue which is the bust somee, ofdott on eloxIty for teary nuxical came and other amity systems. The Departaaent ofDe ; stronoy supports the ssafiareement of the Sur i CH Re Act (50 USCS Amm §§ 501 at segj (SCRA) O m edy the SoKeW and Sabers" CWI Rd dAct of 1940) DMDC has its hundreds ofd of *does swat possess any ifarna lice U& Mlmg dint the inil'ividoel is CM* an active duty" reVoeses. and has experienced a? smut error rate. In the event the ntli idad rdwenced above, or any fasly member. EsiemA or represeowive assents in any m» dint the kdvidna is on acts duty, or is otharurise a ntMed to the prsorft:tioes of the SCRA, you we skom* Ito obtain. further verilication of the pe seds active duty statwas by g' pawd's Mary Sanvke via the "d&csefi kmr LORE provided bebw. Ifym lim evidence the parson is on ncdm-ddy and yosrfid to oblaiwi dis aMional MihKy Servke v an, provisions ofd SC:RA may be irwaked apinst yam Kyon o tein fsatlser inhwundon. about &e person ( e .g., an SSN, i nipmv ed accuracy of DUB, a middle name), you can submit, your request again at this Web site and we wil provide a new cartficale ficr that query. Ila response reflects current active duty std a*. For historical infm>aastioik please contact the Mafitary Sets m SCRA points of-caoutacit. See: hop ?` Www. B9SI,Dtt.tiani WARN NO.. This cue was Vn ed based on a now and Socid Security aadba; (SSN) provided by the regwsw Prcovk* an emoneous same or SSN wl cause an aroneous cmtfiu*t to be provided. Awry` Upon searching the infomutioa data banks of the D eot of D how Manpower Data Clester, bawd on the starnubou, that you provide, the above is the current stntes aftbe individual as to abranches of the hfibury i, Our file No.: 193673 v APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55110 CAPITAL. ONE BANK (USA),N.A. Plaintiff, VS. BRANDI JONES Defendant. COURT OF COMMON PL S CUMBERLAND COUNTY DOCKET NO.: 09-728 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 23, 2009, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA),N.A., and Defendant, BRANDI JONES parties as follows: 1. Defendant agrees to pay the sum of $1,699.27, 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 $1,699.27 shall be paid by the by Defendant, BRANDI JONES, to the attorneys for Plaintiff in the following manner:. a. $300.00 to be paid on or before February 23, 2009; b. $92.00 to be paid on or before the 23d day of each month, beginning March 23, 2009 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 0306 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 $1,699.27, 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 parse application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to BRANDI JONES 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 Engawdl4ebrCollectioi Esquire .D.-, e?'P' I V /? - BRANDI JONE 11 FILED-4DP CE Cf THE PRO i -`t' . C)TARY 2099 MAY 12 fli 9: 53 i,?' CLPdI f :t?{ PENNSYE $ t?. oo Po A TTY C?? 13301 p,?' ?asoo ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BRANDI JONES 360 MOOREDALE RD CARLISLE, PA 17013-9463 CAPITAL ONE BANK (USA),N.A. ) Plaintiff, ) VS. ) BRANDI JONES ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-728 Civil Action NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Anothaker. Es g. at this telephone number: 215-634-8920