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Home My WebLink About09-7355Our File No.: 223794 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq _`7355 O-AviL Tier k NANCY A ZERFUSS 213 SUMMER LANE ENOLA, PA 17025 Defendant. 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.: 223794 APOTHAKER & ASSbCIATES, 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 A ZERFUSS 213 SUMMER LANE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 y- -735 5 CLL?.l e,, 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 A ZERFUSS, an adult individual residing at 213 SUMMER LANE ENOLA, PA 17025. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA),N.A., issued to Defendant(s), Account #4388641844774963. 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 $2,109.40. 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. w WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,109.40 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' 1 A Law Firm Engaged ' eb Collection BY: David J. Dated: 10/19/2009 Our File No.: 223794 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 Pa.C.S.A. 4904 tel ing to unsworn falsification to authorities. David J. Apo er, Attorney &LRIM DATE: 10/19/2009 •M AO u U a u u a? 0 to z H r4 I .R o u cu ? 0 04 lcol A ? ? O ?o a r. •FC?. •Q Q ?u s? o? 0 J N CJ N ?• r m en %D a °M° co ' o ? o ? m c x C6 >, a' b E" V P Ada M h d ?? y 40c,RC ` CAPITAL ONE BANK (USA),N.A. 1 NANCY A ZERFUSS 213 SUMMER LANE ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Balance Due: Our File No.: 223794 NANCY A`ZERFUSS 4388641844774963 $2,109.40 EXHIBIT "A" 2009 pC? 26 P ? 2' t i 1 `Du " #'18 .W P D SAW Y ce Is!s'1as Pf' aum Sheriffs Office of Cumberland County R Thomas Kline RLED-c),- if,E Sheriff au tv of a+nb?t ? F ; i•,/^.T •_±,P",N10T,W Ronny R Anderson ?t Chief Deputy Ci.t,l.,..ca 2Qag?eU -6 FM Z: 58 Jody S Smith h Civil Process Sergeant OFFCE )F r,5 54ERtFF C??tE? Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number vs. Nancy A. Zerfuss 2009-7355 SHERIFF'S RETURN OF SERVICE 10/28/2009 11:33 AM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 28 2009 at 1133 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nancy A. Zerfuss, by making known unto herself personally, at 213 Summer Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWE October 29, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff -.~ .4 Our file No.: 223794 ~'~~ ~ APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff Attorney ID# 5 5140 CAPITAL ONE BANK (USA),N.A. Plaintiff, vs. NANCY A ZERFUSS Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-7355 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 November 10, 2009, STIPULATED by and between Plaintiff, CAPITAL ONE BANK (USA),N.A., and Defendant, NANCY A ZERFUSS parties as follows: 1. Defendant agrees to pay the sum of $2,292.39, 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 $2,292.39 shall be paid by the by Defendant, NANCY A ZERFUSS, to the attorneys for Plaintiff in the following manner: a. $350.00 to be paid on or before November 22, 2009; b. $350.00 to be paid on or before December 22, 2009; c. $125.00 to be paid on or before the 25th day of each month, beginning January 29, 2010 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 -, i, ~ _ is ., ~; Nov ]l 6 zr~n~ !-, _. ~ ~ Our file No.: 223794 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 pane, in the sum of $2,292.39, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex pane application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to NANCY A ZERFUSS by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for intiff A Law Firm Er~aa~ed ie~lectioi Scian, Esquire NA CY A SS ~i_~.~ _.~, ~_. { ~_ f ~ ~ , 1 2C~9 ~~~~~ ~~ Fi ~ ~~ ~~ CI ~h ` 1 i'~rf v J• ) r Our File No.: 223794 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 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. NANCY A ZERFUSS Defendant. OF THE PROTHONOTARY 2011 APR -7 PM 1: 36 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. Cq- -735< PRAECIPE TO DISMISS WITHOUT PRE UDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOC TES, P.C. Attorneys fo/*D In ff A Law Firm Engaged t Collectior By: David J. Apothaker, Esquire Dated: 3/29/2011 ?ei