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Home My WebLink About09-1081Our Rile No.: 200746 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 AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. MICHELE BOYLSTEIN 1121 DRY POWDER CIR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Qq- ?D$? ?1V1? ?eCA'1 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 Our File No.: 200746 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 AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. MICHELE BOYLSTEIN 1121 DRY POWDER CIR MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: e).?- /o F! ee;a 7- , CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS CENTURION BANK c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are MICHELE BOYLSTEIN, an adult individual residing at 1121 DRY POWDER CIR MECHANICSBURG, PA 17050. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3725-213808-83004. 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 $15,622.83. 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. s WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $15,622.83 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law APOTHAKER & OCIATES, P.C. Attorne fo Plaintiff A Law Firm En aae in Debt Coll(.-ctioi BY: Dated: 2/4/2009 David J. ?ApbtbAer, Esquire Our File No.: 200746 VERIFICATION David J. Apothaker, Esquire, Esq. 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. The undersigned understands that the statements therein are made subject to the penalties of 18 relating to unworn falsification to authorities. David J. othaker, Esquire Attorney aintiff DATE: 2/4/2009 AMERICAN EXPRESS CENTURION BANK MICHELE BOYLSTEIN 1121 DRY POWDER CIR MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: MICHELE BOYLSTEIN Account Number: 3725-213808-83004 Balance Due: $15,622.83 Our File No.: 200746 EXHIBIT "A" f=J f 1 oo r7-1 rz '? SHERIFF'S RETURN - REGULAR CASE NO: 2009-01081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN EXPRESS CENTURION VS BOYLSTEIN MICHELE STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOYLSTEIN MICHELE the DEFENDANT , at 0016:50 HOURS, on the 24th day of February , 2009 at 1121 DRY POWDER CIR MECHANICSBURG, PA 17050 by handing to HUSBAND OF 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 Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 10.80 .00 10.00 R'./,,Thomas Kline .00 38.80 02/25/2009 APOTHAKER & ASSOCIATES By: day Deputy Sheriff of , A. D. O l z t.0 iti3 :? w ? Our file No.: 200746 APOTHAKER & ASSOCIATES, P.C. ? 520 Fellowship Road C306 `100 '9 Mount Laurel, NJ 08054 D (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 COURT OF COMMON PLEAS AMERICAN EXPRESS CENTURION ) CUMBERLAND COUNTY BANK ) DOCKET NO.: 09-1081 Plaintiff, ) VS. ) Civil Action MICHELE BOYLSTEIN ) 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 March 27, 2009, STIPULATED by and between Plaintiff, AMERICAN EXPRESS CENTURION BANK, and Defendant, MICHELE BOYLSTEIN parties as follows: 1. Defendant agrees to pay the sum of $15,740.13, 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 $15,740.13 shall be paid by the by Defendant, MICHELE BOYLSTEIN, to the attorneys for Plaintiff in the following manner: a. $435.00 to be paid on or before the 5t' day of each month, beginning April 5, 2009 until paid in full. All checks are to made payable to AMERICAN EXPRESS CENTURION BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 200746 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 $15,740.13, 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 MICHELE BOYLSTEIN 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 ' Debt Collection B: erly . Scian, Esquire ELE BOYLSTEIN FILED r't 1'v E PR,' OF THC D NOTARY 2009 APR 14 AM 10: 31 NNSMANI A Our File No.: 200746 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 AMERICAN EXPRESS CENTURION BANK Plaintiff vs. MICHELE BOYLSTEIN Defendant t . r G3 !! IT !! f _ k vm i 1?1 ? ? ?J 3? i?1 1`iV?t9Q CoUn 1, ?'.I'IxJ I ?S4?r??fl1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-1081 Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, AMERICAN EXPRESS CENTURION BANK, and against Defendant, MICHELE BOYLSTEIN, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on April 14, 2009, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Balance: Less: Payments: Plus: Interest from April 14, 2009 TOTAL Dated: October 14, 2011 $ 15,740.13 ( 13,096.00) .00 $ 2,644.13 David J. Ap thaker, Esq. Attorney for Plaintiff a,?- %1q,co la-4 ath? 0,k- it ScrScl3 avpa.7?L Our File No.: 200746 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 AMERICAN EXPRESS CENTURION BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. MICHELE BOYLSTEIN Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action 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 April 14, 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 $15,740.13, giving the Defendant credit for payments made totaling NO.: 09-1081 $13,096.00, for a total of $2,644.13. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the pe ies of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ? ker, Esq. David J. VrPlaintiff Attorney Dated: October 14, 2011 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHELE BOYLSTEIN 1121 DRY POWDER CIR MECHANICSBURG, PA 17050 AMERICAN EXPRESS CENTURION BANK Plaintiff vs. MICHELE BOYLSTEIN Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-1081 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. EQ 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. ApothakerEs . at this telephone number: 215-634-8920 IDI?1 A ')-Mc Our File No.: 200746 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 AMERICAN EXPRESS CENTURION BANK COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. MICHELE BOYLSTEIN Defendant NO.: 09-1081 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 1121 DRY POWDER CIR MECHANICSBURG, PA 17050. 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 t D fense W?npower Data Center has sent back our inquiry indicated that the Defendant(s) is/ar no in thef/military. David 3. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Depmtrame of Defense Manpower Data Center Oct-14-2011 I L02,00 Mk-, 5tonts Report Ptrvmm to doe Serene Members Gill Re&( Act Na Fioeomime 84& Data s6rst DW Saatns {4i13Wr'DIMbr 1?tt4t'ttbau mw MICHELE Based on the m6mianm ym base fnrta bed, the DNMC does am Mess any won im cating the i &idual steGa Upm semchmg die nftnwtim data banks of dw Drparftmt d Ddeme -M& waet Dads Ceaixt. bocci an due v fcsm'b" that inu Protvided, the abo-m is die bursa states tithe k&vk%i as to all brauclses of the UnSoimed Services (Araay, PIavy,'ularine Corps, Air Force, NOAA. Public Heait#t; and CoaO Churd). r? r? Mary M' smm*-Dmcm? Meow Depatuwatt of DeAmt • Sacpowtr Data Ceama 1640'% ism Bh-d-Smite400 Adngton, VA 2i 09-?.593 The Ddmc 3tdart xmtr DW Caakr'O1':r8}'C1 a ao atpuruti-9(0* Daprrtam dDtehaa.e dw mai . the Defam Eora&nmt mad EiVty Repm1i' g Sjrskm (DEERS) database *Ncb is tba o&2d satrta of data m ellg!EMY for m k ay me3rbt care and othd 4864ity rte. Tbr Doti s+r«klr appor? tm160eta rurnt of ttr Saticc Me>nbea red RcLaf Act (SO E SC App- § 4 503 et seq u amended) (SCRA) {faa>dy leas des SaiAms' and Sake' CM Relief Act of 1940)_ DMDC has imM huntliteds of of 'does m pbssru .arty i&"Avdor wdcaeag tom the adnti3nl is aarendy on ae7irea nary' renmomes, and ho erperieaced a small ens[ rate In die event the i diiilaal rdmrwed above, or my femiy ammixx, bev4 or rermaMMive assem in soy mnrtr dtat the i &idw is alt actisv AW, tit is ooh mt c caueled b the prdeetiom of the SCRA, yet arc weedy mmwaptd to oWimk funber v"frowe of the pwvaa a a mis by eoaitacumv dtnt p"ma s Saxe via belt " ddter wh*-s i° URL ht," ,%,w ?adImAWKW5LQR, lEaal If you bn%v evidence the perm it as score dAy and ym firs m obtain gas addionnai Service ver?caliott, ptaoiivc grnt?e? of the St?1.A tasaq ltr ocotte4 against ytxt Stye 30 GSC App- ¢32i tc}; If von Obtain addiicionial 94W the person (e.a :an SSN+ apraved aciaarACr 4 DOOB Amid rs kw) }emu can Aube your request against dim Web site emd tee *f provide anew sett cat a fbt that tip: Toes rvspoese redacts actme 41rq> staW iack&* dace the isrl'nitlanl wo but ar &ase +iity. ¢ it was witlfia The :preceding 36= days. For historical i&xmmtio, please contact &e Service SCRA points-rf-contact. Mare ixformadon on ".• chty Duo Stapes" Acm-c dote stams as reported in this certificate is droned in accordance with 10 USC & 101(4f)(1) for a period of more than 30 conse.cu a days. In. the case of a awn*ft c( the ;t;miogal C*mtd, dillies sertice tlm&r a call to awe service udsmized by the pf eodern rn the Serremy of Defema for a period of ux" dm Sit c msecutne days under 34 USC tS 502(o fix purposes d respoodiag to a sawtW auergency declared bti the Presidem and atpptxted by Federal fixkU, AM Acri,-v G m4 Rc Knv {AGR) members mast be assigned against an authorized awb t postinn in the =it they st*pott. This inrhtiies Now TARS. _Xbr ne Cotps ARs and Coast Gumd RPAs AetKv Duty stains also applies to a Viiifbmsed Senicemember,41w h m arrive dotty, cm nilssiowd officer of due U S Public Health Service or the National Ocratic and Attnospberic Admitistrat av (i'GAA Con nissioned Corps) for a per" of mcae than 30 comccuti v days, C&ve age Under the S CIR d is maw in .Somw Css€es Ccvverage under the SCRA is broader m sour casks and iocludcs some eategodes of persaas on acm-c date fur purposes of the 5C R A +1x -s ould not b- itpurxcd as on Actt r Del ' vmfer this cvt&-ate. Mw.- times orders are amended to extend the period of active dray. which would tutted SCRA protections Persons seeing to rck. ou the ..%ebsvt csrtificawn Owuld check to make see the orders an tirtuch SCRA protrrtions arc based have not hero xjnmdrd tt. estmd tht vw ktsimr data of ser.i,r Ftvdxttvnr Morale prottc6aw ofthe SCRA naafi' extennd to persons Rho %,ivt rec m cd orders to report for wtnv*_ duty or to be a>kcted, but craw hsa+e net actor ltv bin ac yr duty or actenlb- repaeted for aa<Sacro n The La at Dm r on Ac+n•r Dar tiw• k nrVortmvt hecan-rt a number of pro tectkns of ,CRA extend br end the last dolts oaf active duv. Those wbL, madd rah on tins cfftficate are weed to seek t1 k it counsel to ensure that all rights gmaraetd to Serlke rnmibots taider &t 'SC RA me p otecatd WARNING-, Tb s certiiicam was prat ed based on a nww and S&N pratided by the requester. Protidiag as estonems nine ,4 SSN will cau4t an rrt4 a+ecvlts certificate to be provided. R epcat IT) 0,"t ? S 0; 5R Our file No.: 200746 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 AMERICAN EXPRESS CENTURION BANK. Plaintiff, VS. MICHELE BOYLSTEIN Defendant. 41? '9 k } COURT OF COMMON PLEAS } CUMBERLAND COUNTY DOCKET NO.: 09-1081 } 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 March 27, 2009, STIPULATED by and between Plaintiff, AMERICAN EXPRESS CENTURION BANK, a.nd. Defendant, MICHELE BOYLSTEIN parties as follows: I. Defendant agrees to pay the sum of $15,740.13, 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 $15,740.13 shall be paid by the by Defendant, MICHELE BOYLSTEIN, to the attorneys for Plaintiff in the following manner: a. $435.00 to be paid on or before the 5'h day of each month, beginning April 5, 2009 until paid in full. All checks are to made payable to AMERICAN EXPRESS CENTURION BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our File No.: 200746 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 $15,740.13, 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 MICHELE BOYLSTEIN 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 EngagedAn Debt Collection 1 K -h erly . Scian, Esquire .14ELE BOYLSTEIN;