HomeMy WebLinkAbout09-7111Our File No.: 218626
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.
NANCY L CALDWELL
17 MCBRIDE AVE
CARLISLE, PA 17013-1942
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 09 - 711 CIVIL term
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
s ?
Our File No.: 218626
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.
NANCY L CALDWELL
17 MCBRIDE AVE
CARLISLE, PA 17013-1942
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 09- 7 / I I C"- T?
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 NANCY L CALDWELL, an adult individual residing at 17 MCBRIDE AVE
CARLISLE, PA 17013-1942.
3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A.,
issued to Defendant(s), Account #4862362546825756.
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 $1,562.58. 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
11
$1,562.58 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney fo lamtiff
A Law Firm Engag d i Debt Collection
BY:
Dated: 10/9/2009
David J.
Our File No.: 218626
VERIFICATION
David J. Apothaker, Esquire, EN. 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 Pa.C.S.A. 4 04 elating to unworn falsification to authorities.
David J. Apotlkiker, Esquire
Attorney for Plaintiff
DATE: 10/9/2009
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NANCY L CALDWELL
17 MCBRIDE AVE
CARLISLE, PA 17013-1942
CAPITAL ONE BANK (USA),N.A.
STATEMENT OF ACCOUNT
Debtor's Name:
Account Number:
Balance Due:
Our File No.: 218626
NANCY L CALDWELL
4862362546825756.
$1,562.58
EXHIBIT "A"
2 O'C9 QC, T 16 P?14 2: 11
,,A ly
Lvr>,`,ura
#?$.50 Po AT'TY
? a3a?c?r
Sheriffs Office of Cumberland County
R Thomas Kline Fi
Sheri'
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
?nn r r nrf i;
Capital One Bank (U.S.A.) N.A.
vs. Case Number
.
Nancy L. Caldwell 2009-7111
SHERIFF'S RETURN OF SERVICE
10/19/2009 02:27 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 19,
2009 at 1427 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Nancy L. Caldwell, by making known unto herself personally, at 17 McBride Avenue
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $33.40
October 20, 2009 R THOMAS KLINE, SHERIFF
B, -
Deputy hsriff
CAPITAL ONE BANK(USA)
V.
Plaintiff
NANCY L. CALDWELL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009 - 7111 CIVIL TERM
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
ANSWER
Admitted
2. Admitted
3. Defendant was solicited by the Defendant to enter into the account. The
marketing material attached to the Complaint proclaims that it is a "Platinum Invitation"
and "This offer expires". Accordingly, it is denied that the account was procured "... at
the special instance and request of Defendant, ..." and proof of the same averment is
demanded at the time of trial.
4. The Defendant did use the credit card but the credit limit was very low and she
made payments on the account.
5. The Defendant denies that she is obligated in the amount claimed and proof of
the averment is demanded at the time of trial.
6. Defendant demands a full accounting of all the credits and debits made on the
account to establish the claim made by the Plaintiff.
7: Defendant denies that she owes the amount claimed by the Plaintiff.
WHEREFORE, Defendant requests that judgment be entered in her favor.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Robert L. O'Brien, Esquire
I.D. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Answer are based upon information which
has been assembled by my attorney in this litigation. The language of the statements is
not my own. I have read the statements; and to the extent that they are based upon
information which I have given to my counsel, they are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to
authorities.
^6 _
DATE:
Nanc . Caldwell
CERTIFICATE OF SERVICE
I hereby certify that on November 5, 2009, I, Robert L. O'Brien, Esquire, did serve a copy of
the ANSWER, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
For Capital One Bank (USA)
Apothaker & Associates, P.C.
520 Fellowship Road
Mount Laurel, NJ 08054
Robert L. O'Brien
r THE CT- 1":Nr1T
OF THE P???..' : ?, ,., GARY
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Our File No.: 218626
)
CAPITAL ONE BANK (USA),N.A. )
Plaintiff )
vs. )
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 09-7111 CIVIL TERM
NANCY L CALDWELL ) Civil Action L ®~ _,
Defendant ) , ; e _~
~.} Y7 _
PRAECIPE FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT: c~,: a
fw _.y
Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that:
1. The above-captioned action is at issue
2. The claim of Plaintiff in the action is $1562.58.
The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators:
For Defendant For Plaintiff
ROBERT L O'BRIEN, ESQUIRE Benjamin J. Cavallaro, Esquire
19 WEST SOUTH STREET 520 Fellowship Road C306
CARLISLE, PA 17013 Mount Laurel, NJ 08054
(800)672-0215
Attorney for Plaintiff
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall
be submitted.
July 28, 2010
AND NOW,
and
as prayed for.
ORDER OF COURT
wire
20_, in consideration of the foregoing petition,
Esq., and
Esq.,
Esq., are appointed arbitrators in the above captioned action
By the Court,
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CAPITAL ONE BANK (USA) N.A.: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NANCY L. CALDWELL,
Defendant
CIVIL ACTION - LAW
NO. 09-7111 CIVIL
ORDER
AND NOW, this I y day of September, 2010, the appointment of Kelly E.
McKallagat, Esquire, as a member of the Board of Arbitrators in the above-captioned case is
VACATED. Andrea L. Shaw, Esquire, is appointed in her place.
BY THE COURT,
Kevin , . Hess, P. J.
_-?Taylor P. Andrews, Esquire
Chairman, Board of Arbitrators
_---"A- ndrea L. Shaw, Esquire
/Kelly E. McKallagat, Esquire
Court Administrator - -PL?XCECC 1,v Vtz
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We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Cons ' of this Commonwealth and that we will discharge the duties of our office
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Date of Hearing: /D Z~-(O
Date of Award: /d -~s~/~
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. D g - /
Civil Action -Law.
Oath
Notice of Entry of:A~ard.,
Now, the ~,~~day of ~-~~;_; 2~ /~ , at~J,~:~''f_ , ~.M., the above award was
entered upon the docket and notice thereof ~v~b~ mail ~~ the parties ~r their attorneys.
Arbitrators' compensation to be paid upon appeal; ~$~,,~,
sy:
Prothonotary Deputy
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
fILED-OfFICE
OF THE PROTHONOTARY
2010 QCT 25 PM 12~ 55
CUM$ERLANO COUNTY
PEPINSYLVANIA
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