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Home My WebLink About10-5386Our File No.: 270354 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT 2727 FRANKLIN ROAD ROANOKE, VA 24014 Plaintiff, VS. DAPHNE K GELBAUGH 134 SABLE DR CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2 ` 1 O- SJgCP C;Vl 1 NOTICE O r.; 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ICIa vr* X-'Pycv0133 Our File No.: 270354 APOTHAKER &• ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT 2727 FRANKLIN ROAD ROANOKE, VA 24014 Plaintiff, vs. DAPHNE K GELBAUGH 134 SABLE DR CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT, 2727 FRANKLIN ROAD, ROANOKE, VA 24014. 2. Defendant(s) is/are DAPHNE K GELBAUGH, an adult individual residing at 134 SABLE DR CARLISLE, PA 17013. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT, is the Assignee and Successor in Interest of Account # ending in 8950; and said account was issued to Defendant(s) by CAPITAL ONE INSTALLMENT, the Original creditor. 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 $20,644.37. 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 $20,644.37 and requests this Court award costs to the extent permitted by applicable law. & SOCIATES, P.C. A Law Firm Enlzaaefi in Debf Collection BY: David J. Apothaker, Esquire Dated: 8/12/2010 Our File No.: 270354 VERIFICATION ("hup enu Q- C?mu hereby states that I am ?Qut_ _ hv; gCd W p DVAyP 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 con-ect 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.SA 4904 relating to unswom falsification to authorities. mLQlCM M. A) PPIA3tfff DATE: ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT DAPHNE K GELBAUGH 134 SABLE DR CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: DAPHNE K GELBAUGH Account Number: ending in 8950 Original Creditor: CAPITAL ONE INSTALLMENT Balance Due: $20,644.37 Our File No.: 270354 EXHIBIT "A" 270354 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: ATLANTIC CREDIT & FINANCE Expiration Date: INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT Type of Action: Civil Action Defendant/s: DAPHNE K GELBAUGH Serve Upon: DAPHNE K GELBAUGH Address for Service: 134 SABLE DR CARLISLE, PA 17013 Alternate Address for Service: Type of Service: () Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 ATL ANTIC CREDIT & FINANCE INC. ASS] GNEE FROM CAPITAL, ONE INST TAL 1MENT 2727 FRANKLIN ROAD ROANOKE, VA 24014 Plaintiff, vs. DAPHNE K GELBAUGH 134 SABLE DR CARLISLE, PA 17013 Defendant. TITLE: ANSWER TO COMPLAINT DOCKET NUMBER: 10-5386 Civil COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: NOTICE AN ANSWER HAS BEEN FILED IN THIS MATTER. THE ANSWER HAS BEEN FILED IN THE CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PA. This matter has been resolved with a settlement agreement between Atlantic Credit & Finance Inc., Assignee from Capital One Installment and Daphne Gelbaugh. The agreement was settled for me by a debit relief firm. (Global Client Solutions, DRC) I am in a debit relief program due to my husband having a brain aneurysm. The debt incurred was from medical costs, living expenses, raising a child. Thank you, f_ C, Daphne K. Gelbaugh LL -0 u3 -n -V 0 f ?? F C N ?G cal SHERIFF'S OFFICE OF CUMBERLAND..000NTY Ronny R Anderson tlt.>GV"ti" """ Sheriff ~ .~ Per ~ ~ .~nn,~(}TAI~ ~~a~titr ~# ~uirt~p~,~~~~ Jody S Smith Chief Deputy ~: ; .'~ ,~ a~ !' 1 !r, ~~ ~n 4 }~',' , L,` ~ ~~ Richard W Stewart ~V, SOiICItOr f3Ft=iGEv+ 'HE $~ERtFF ~"""-'~~-M/iv . ~ ~~ Atlantic Credit & Finance Inc. Case Number vs. Daphne K. Gelbaugh 2010-5386 SHERIFF'S RETURN OF SERVICE 08/24/2010 03:36 PM -Bryan Ward, Sergeant, who being duly sworn according to law, states that on August 24, 2010 at 1536 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daphne K. Gelbaugh, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, 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 August 26, 2010 BRYAN D. RD, DEPUTY SO ANSWERS, ~~' c RON R ANDERSON, SHERIFF (c; CountySuite Sheriff, Teleosoft. Inc. FIL~D-OFFICiti QF Ti~(~ P~40TttOP~OTARY Our file No.: 270354 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, N3 08054 (800) 672-021 S Attorneys for Plaintiff Attorney ID# 307949 2010 OCT 18 Pli Z~ 37 CUMBERLAPdO CUfJNTY PEFdNSYLVANIA ATLANTIC CREDIT- & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT Plaintiff, vs. DAPHNE K GELBAUGH Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-5386 CIVIL 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 September 30, 2010, STIPULATED by and between Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT, and Defendant, DAPHNE K GELBAUGH parties as follows: 1. Defendant agrees to pay the sum of $20,836.37, 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 $1,061.01 have been applied to the amount of $20,836.37, and the amount due and owing as of September 30, 2010 is $19,775.36. 3. The sum aforesaid of $19,775.36 shall be paid by the by Defendant, DAPHNE K GELBAUGH, to the attorneys for Plaintiff in the following manner: a. $1,061.01 to be paid on or before the 30~' day of each month, beginning September 30, 2010 through May 20, 2011. .~ All checks are to made payable to ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 4. In the event Defendant, DAPHNE K GELBAUGH makes all payments as stated above, this account will marked satisfied when DAPHNE K GELBAUGH pays $10,610.01. 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 $20,836.37, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 6. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to DAPHNE K GELBAUGH by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engag in Debt Collection By: '~ n J. Cavallaro, Esquire ~~' ~'~~~ DAP K L A H Our File No.: 270354 / APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D.# 307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT Plaintiff vs. DAPHNE K GELBAUGH Defendant ACCEPTANCE OF SERVICE Civil Action I accept service of the Complaint in the above referenced matter. Date: ~.~ n~a~ ~ ~~i~~~~n~ ~E .Z ~~ s ~ lao Dior ~,~ttta~~t~.~o~~ ~~{~ .~~ ~3~.~.~o-a~-~1.~ ~'~,,,r i. ~ . + ocr 12 zoo ,~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5386 CIVIL lD-$-a0'Id DAP E K GE UGH, Defen t Address: 134 SABLE DR CARLISLE, PA 17013 ATLANTIC CREDIT & FINANCE INC., ASSIGNEE FROM CAPITAL ONE INSTALLMENT, PLAINTIFF V. DAPHNE K. GELBAUGH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA-) r , cn ? k r 10-5386 CIVIL . „ f l ORDER OF COURT AND NOW, this 7th day of June, 2011, upon consideration of the Petition to Amend Caption filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Plaintiff should not be granted permission to amend the caption; 2. The Parties will file an answer on or before July 1, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. By the Court, Kimberly Scian, Esquire Attorney for Plaintiff Daphne K. Gelbaugh Defendant 1*1 W., V--- M. L. Ebert, Jr., T J. t M? 1 d C°P1e gIir ?I `bit bas Our File No.: 270354 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 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE INST TALLMENT Plaintiff, vs. DAPHNE K GELBAUGH Defendant. rr1w M ..err COURT OF COMMON PLEAS"e-- CUMBERLAND COUNTY NO. 10-5386 CIVIL PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & AS 'X1 Attorneys f r F A Law Firm Enandd in By: ".IATES, P.C. bt Collection David J. Apothaker, Esquire Dated: 6/9/2011 ?d C -i Z7 cv .r-- i C7