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Home My WebLink About09-1165w Our File No.: 197101 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. JO D HOOVER & WILLIAM J HOOVER 105 E SPRINGVILLE RD APT R BOILING SPRINGS, PA 17007-9737 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. Oil ` ll 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.: 197101 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. JO D HOOVER & WILLIAM J HOOVER 105 E SPRINGVILLE RD APT R BOILING SPRINGS, PA 17007-9737 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D 4- //4 S Ct,4' `l tom, 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 JO D HOOVER & WILLIAM J HOOVER, an adult individual residing at 105 E SPRINGVILLE RD APT R BOILING SPRINGS, PA 17007-9737. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A., issued to Defendant(s), Account #4305721538417036. 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 $9,861.87. 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 $9,861.87 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. I-n Aru i mAKFal SSOCIATES, P.C. Attey or Plaintiff A Law Firm ed in Debt Collection BY: David V. Aiaker, Esquire Dated: 2/20/2009 Our File No.: 197101 VERIFICATION gat 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: i e ? I .Lf? 0 o _A M a Z a-. iI ?I ?? F 1-7 8 A 6?o 0 A. !2 44' { c 13 r 8g !G ; ?pppp 9 r ~ o rn , u , ,:- in 3 H ° M o S i. in ¢ ti x = o N +d d Qa E• M Nt N a f y? o - KYFF Kee our Rnanws f • Know your credit limit and the amount of credit available for your use. • Maintain a good credit history ...it affects more areas of your life than just your ability to get a credit card. • Use a budget to help you see what you can afford to buy now and to help you save for the future. • Understand that the cost of credit includes fees as well as interest • Request a copy of your credit report from a credit reporting bureau regularly. KYFF-1001 RWMJ Account rrevmm natauce Payments, Credits and Adjustments $6,475.14 $.00 Transactions $35.00 Finance Cbages $11034 New Balance $6,620.48 Minimum Amount Due $881.00 Payment Due Date October 23, 2006 Total Credit Line $7,000 Total Available Credit X00 Credit Line for Cash $1,400 Available Credit for Cash $.00 Atyo wrvice To call Customer Relations or to mpm a lost or Ad. irk 1-500-955-7070 Saudpaymmut. Send to: Atte Remkou o Pmoerimg CapmlOmBamk capad oft P.O. Bor 60024 P.O. Bas 30285 City badwt CA 91716-0024 SLC, ter 94130-02x5 PLATINUM VISA ACCOUNT AUG 24 - SEP 23, 2006 4305-7215-3841-7036 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 23 SEP PAST DUE FEE $35.00 Your request to dose your amount has been received. Yom amount will be dosed when it reaches a $0 balance. Until then, you will centimm to receive statements and must continue to make payments All terms and conditions of the account will apply while a balance remains. Please remember to cut your cards and canal all charges which automatically bill to your account Your statement is changing! Be on the look out for a new fresh look to your statement beginning next month Well provide an insert to highlight the exciting new changes NOTICE: Look for a new statement design for your Capital One credit card beginning next month A summary of the key changes will be provided with your new statement You were armed a past due fee of $35.00 on 09/23/2006 because your minimum payment was not received by the due date of 09/23/2006. To avoid this fee in the fore, we recommend that you allaw at least 7 business days for your payment to reach Capital One. ImportantAmountInktumi ion Beginning October 1s4 2006, based on your amount activity you be assessed more than two Is% ovelumt, of remand che& 70m that occur dung ally billing period. ... Fmence Charges Pkamtae reaerfetide/6r i-por- iafarawtion e B.4-.0, pe,:.& C°nvfA "'Frti tf da iO p , „Ce e gp PURCHASES 96528.37 .05452% 19.90% 1110.34 SAD .05452% 19.90% s.00 ANNUAL PERCENTAGE RATE applied this period 19.9091 V PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4305721538417036 23 6620480123000881007 New Balance $462048 ?P^•t• f6myerbdema-rdb6aerb/anE ink Mmmmum Amount Doe 588100 Payment Due Date October 23, 2006 S>:ea Apt s Total enclosed 5 Citr S- ZIP AccountNumber. 4305-7215-3841-7036 Home Phone Altama Phone #9026793180753080# MAIL ID NUMBER JO D HOOVER WILLIAM J HOOVER C/O FREEDOM DEBT RELIEF MNEMONIC Capital One Bank P.O. Box 60024 1t1ra6dd61rtd6d 1875 S GRANT ST STE 400 City Indust CA 91716-0024 n !! SAN MATEO CA 94402-2676 P4art vhritryaso auolou ns-ba our your 16-1 or irony order ar.&payabteto C4d.10.Ban.E and wait in ttm en1.aenadop4 R? P r? ra r.? C.t"1 W , t ?= -ca .a 10(1-0 Response Regarding case #09-1165: Defendant: Jo D. Hoover & William J. Hoover 105 East Springville Road Boiling Springs, PA 17007 Plaintiff: Capital One Bank (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 We are currently working with Freedom Debt Relief to resolve this account and others. As of June 2009, we will have been with Freedom for three years. We signed up with Freedom due to increases in the minimum payment amounts and late fees on our credit cards. I was also in transition in regard to my employment at the time. I was self-employed as a newspaper carrier, but the expenses had become too much to handle. I managed to get what I thought was a full-time job at a local Target store, but that turned out to be part-time. I just wasn't making enough money. My wife and I had even considered bankruptcy, but we saw an ad for Freedom Debt Relief and decided that may be a better course to take. As for the amount of the judgment, ($9,861.87 plus interest and legal fees), we have no savings. We have three adult children and a grandchild living with us, and while I have found full-time employment, the expenses really haven't changed since we signed up with Freedom, with the exception of the oil bill more than doubling over the past 6 months. My hope is that this matter can be settled through Freedom Debt Relief. Contact information is below. Yours Truly, Bill Hoo r Michael Villa Lead Document Processor Legal Accounts Resolution Unit Freedom Financial Network, LLC 1-800-993-8950 Phone 1-650-393-6888 Fax lcs&freedomdebtrelief.com 50 N _- rz? SHERIFF'S RETURN - REGULAR CASE NO: 2009-01165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS HOOVER JO D ET AL 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 HOOVER JO D the DEFENDANT at 0015:25 HOURS, on the 27th day of February-, 2009 at 105 E SPRINGVILLE RD APT R BOILING SPRINGS, PA 17007-9737 by handing to TIM HOOVER ADULT SON 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 of So Answers: 18.00 4.50 .00 10.00 R. Thomas Kline .00 32.50 03/02/2009 APOTHAKER & ASSOCIATES By &? day Deputy Sheriff A. D. rr? SHERIFF'S RETURN - REGULAR CASE NO: 2009-01165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS HOOVER JO D ET AL 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 HOOVER WILLIAM J the DEFENDANT , at 0015:25 HOURS, on the 27th day of February-, 2009 at 105 E SPRINGVILLE RD APT R BOILING SPRINGS, PA 17007-9737 by handing to TIM HOOVER ADULT SON 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: 6.00 .00 .00 , 10.00 R. Thomas Kline .00 16.00 03/02/2009 APOTHAKER & ASSOCIATES By: ??e? day Deputy Sheriff of A. D. 42) co e N •s ? . Our file No.: 197101 21 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. JO D HOOVER & WILLIAM J HOOVER Defendant ? U COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-1165 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 April 20, 2009, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA),N.A., and Defendant, JO D HOOVER & WILLIAM J HOOVER parties as follows: 1. Defendant agrees to pay the sum of $10,053.67, 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 $3,500.00 have been applied to the amount of $10,053.67, and the amount due and owing as of April 20, 2009 is $6,553.67. 3. The sum aforesaid of $6,553.67 shall be paid by the by Defendant, JO D HOOVER & WILLIAM J HOOVER, to the attorneys for Plaintiff in the following manner: and sent to: a. $900.00 to be paid on or before May 28, 2009, June 28, 2009 and July 28, 2009. 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 r - ` h 4. In the event Defendant, JO D HOOVER & WILLIAM J HOOVER makes all payments as stated above, this account will marked satisfied when JO D HOOVER & WILLIAM J HOOVER pays $6,200.00. 5. 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 $10,053.67, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 6. 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 JO D HOOVER & WILLIAM J HOOVER 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 Engaged t Collection Kimber F. Scian, Esquire D HOOVER WILLIAM J HOOVE OF T{c )fH0NK TAPY 2009 MAY -7 PM 3' 02 fPrNi ISYUVX? ?'A