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Home My WebLink About10-06990 Our File No.: 239068 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.438423 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. JOHN BARDEN 1 WOBURN ABBEY AVE CAMP HILL, PA 17011 Defendant. F;, `r,_, rY;F IF Tl? 7kRy , 2040 J;^ 28 'Fr" I: 42 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. to -- (Aq NOTICE 0iViITerm 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 0 4qa .oo P P AMY ur 1107654 I'. a3( 419 V Our File No.: 239068 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. JOHN BARDEN 1 WOBURN ABBEY AVE CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 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 JOHN BARDEN, an adult individual residing at 1 WOBURN ABBEY AVE CAMP HILL, PA 17011. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS CENTURION BANK, issued to Defendant(s), Account #3717-525432-73004. 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 $24,490.02. 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 $24,490.02 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fo PI 'tiff A Law Firm Engage in ebt Coll tior BY: David J. Apoth r, Esquire Dated: 1/20/2010 Our File No.: 239068 ? V VERIFICATION David J. Anothaker 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 relating to unworn falsification to authorities. David J. goer, Esquire Atto ey for Plaintiff DATE: 1/20/2010 AMERICAN EXPRESS CENTURION BANK JOHN BARDEN 1 WOBURN ABBEY AVE CAMP HILL, PA 17011 STATEMENT OF ACCOUNT Debtor's Name: JOHN BARDEN Account Number: 3717-525432-73004 Balance Due: $24,490.02 Our File No.: 239068 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~y'~4ett~' tit ~triribfrr~ ~ -=, ~, ~~D'~G;=~r1~~ ~~~ ?1-fc ~~^t~n~JTARY 2Df0 FEB -g P' f2~ Qa CV~y%J~ ~ ~'~i ~ ~~li ~f ~~~~~4~?~ L;r~~yyt~f-1 American Express Centurion Bank Case Number vs. John Barden 2010-699 SHERIFF'S RETURN OF SERVICE 02/01/2010 04:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2010 at 1620 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John Barden, by making known unto Lori Barden, Wife of defendant at 1 Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 04, 2010 SO A R NY R ANDERSON, SHERIFF ~' De ty Sheriff ir. Geu!-.tYSt3ite SnenK. Te:ieo,=,o?I. Lx;. - ~. Our File No.: 239068 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 -=~~~(77F~'-;r ;(ter tiY 2Qi0 FEB 22 ~'t !%'~ ~;~ k1 r~~` ~ AMERICAN EXPRESS CENTURION BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 10-699 CIVIL TERM JOHN BARREN Defendant. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in place of the Attorney's Verification on the Complaint filed on January 20, 2010. APOTHAKER & ASS CIATES, P.C. Attorneys f P aintiff A Law Firm Enka d i Debt Collection By: David J. Ap aker, Esquire Dated: February 12, 2010 - .. 239068/W8ZA VERIFICATION J. HARTJE J. HARTJE ATTORNEY-IN-FACT --~~m RNEY-IN-FACT ,hereby states that I am for Plaintiff, AMERICAN EXPRESS CENTURION BANK, in this action, and I am authorized to make 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 unsworn falsification to authorities. Dated: J. HARTJE Account No.: 3717-525432-73004 ATTORNEY-IN-FACE JOHN BARDEN '~ ~~ '~' .~;~~,~ G ~ c010 .alJ Y- AMERICAN EXPRESS CENTURION BAN K c% Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff vs. JOHN BARDEN 1 Woburn Abbey Ave Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-699 _ ~? ~ t. )CIVIL TERM ~ ~ ~' -~ c~ ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf efendant, John Barden. ~- I Attorney for Defendant ~,-~~ i e raves 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: David Apothaker, Esquire Apothaker and Associates, PC 520 Fellowship Road C306 Mount Laurel, NJ 08054 Michael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Date: ~j/~~ Michael S. Travis ID No. 77399 3904 Trindle Road Camp HIII, PA 17011 717-731-9502 mst@mtravislaw Attorney for Defendant AMERICAN EXPRESS CENTURION BAN K c% Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff vs. JOHN BARDEN 1 Woburn Abbey Ave Camp Hill, PA 17011 Defendant _. <~~ ~~ laia MAR -2 PM 2~ Q9 Ct~ItB~ R1.+~3~.J ~-~Ui~Y ~~A~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-699 CIVIL TERM ANSWER TO COMPLAINT NOW COMES the Defendant, John Barden, by and through the office of the below signed counsel, and answers the Complaint as follows: 1-4. Admitted on information and belief. 5. It is denied that the account is in default and that the unpaid balance due is $24,490.02. Strict proof of any amounts due is demanded at the time of trial. It is denied that the attachment is a correct statement of the current account balance. 6. It is denied that any and all credits due to the account are applied on Exhibit A. Strict proof of any and all credit applied to the account is demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted that portions of the account are past due. It is denied that the amount due is correctly stated above. WHEREFORE, Defendant prays this Honorable Court to enter judgment in his favor and against the Plaintiff, American Expre turion Bank. ~' ~Ois4 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com Attorney for Defendant Date: 3~a ~~~ VERIFICATION The statements made in this Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn falsification to authorities. ~~ J A. Barden, Defendant AMERICAN EXPRESS CENTURION BAN K c% Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff vs. JOHN BARDEN 1 Woburn Abbey Ave Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-699 CIVIL TERM CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: David Apothaker, Esquire Apothaker and Associates, PC 520 Fellowship Road C306 Mount Laurel, NJ 08054 .,-~' 'chael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Date: ~ ~d-~jv i t APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, Suite C306 Mt. Laurel, NJ 08054 {856) 780-1000 Attorneys for Plaintiff AMERICAN EXPRESS CENTURION BANK Plaintiff, vs. JOHN BARREN Civil Action STIPULATION 1N 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 this July 13, 2010, STIl'ULATED by and between Plaintiff, AMERICAN EXPRESS CENTURION BANK, and Defendant, JOHN BARREN parties as follows: 1. Defendant agrees to pay the sum of $14,850.00, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall. be paid by Defendant, JOHN BARREN, to the attorneys for Plaintiff in the following manner: a. $1,856.25 to be paid on or before the 23rd day of each month, beginning July 23, 2010 until paid in full. All checks aze to made payable to AMERICAN EXPRESS CENTURION BANK, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 t E ~ }-' x~ ~'~ ~° 'k~~Y~ i ~. ~€ ~ ll fi't'»-- il ` :~' ~' ~i i ~ t 1 ~;.t COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-699 CIVIL TERM 3. In the event Defendant, JOHN BARREN makes all payments as stated above, this account will marked satisfied when JOHN BARREN pays $14,850.00. ~a 4. In the event Defendant, JOHN BARREN fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, JOHN BARDEN's default. The name and address of Defendant's attorney{s) that notice will be sent to is: MICHAEL S TRAVIS ESQ 3904 TRINDLE ROAD CAMP HILL, PA 17011 5. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, JOHN BARREN, ex pane, in the sum of $24,623.52, giving Defendant, JOHN BARREN credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for laintiff A Law Firpi,IJng~Debt Collection By: J. Cavallaro, Esquire ~~ JOHN BARREN Our File No.: 239068 Our File No.: 239068 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 AMERICAN EXPRESS CENTURION BANK Plaintiff, vs. JOHN BARDEN Defendant. OP THE PROTHONOTARY 2011 MAR 23 AM If: 18 C?jLAND COUNTY SYIVANlA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-699 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys fo laintiff A Law Firm Ent ed i Debt Collection By: David J Ap cer, Esquire Dated: 3/17/2011 IIIIII?lallllll