The URL can be used to link to this page

Home My WebLink About08-0687C1 Our File No.: 136310 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. ELLEN M ORR 11279 THORNWOOD RD SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: bg - (v8'1 eivilTet-ft 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 a APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK c/o Apothaker & Associates, P.C 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY ELLEN M ORR 11279 THORNWOOD RD SHIPPENSBURG, PA 17257 Defendant. NO.. e,,?' 1,g-7 Cttn? -7-4,., CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is ELLEN M ORR, an adult individual residing at 11279 THORNWOOD RD SHIPPENSBURG, PA 17257. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $3,081.89. 8. Although demand has been made, Defendant 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 $3,081.89 and requests this Court 4ward Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engagedin Debt Collection BY: David J. Dated: 1 /21 /2008 Our File No.: 136310 VERIFICATION ", F ?(L , hereby states that T am 4.1 for lainti p ff 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. DATE: r. 1 1 Capital pW Account Summary Now with FREE Accelerator /or the first 12 aronthst-a $60 value a 97 a month for first 3 monft $9.95/mo. then attar SIWN UP TODAYI ' 1-888-587-9669 Mention Offer Code: PEARL Or visit www.peoplepc.oom/go/pearl Previous Balance $1 678.49 Payments, Credits and Adjustments , 00 $ Transactions Finance Charges . $35.00 37.81 New Balance Minimum Amount Due 751.30 $1,751.30 Payment Due Date March 23, 2005 Total Credit Line $1200 Total Available Credit $00 Credit Line for Cash $1 200 Available Credit for Cash , 5.00 At your service To call LAW-. Relations or to report a log or toloo _L. 1-500-903-3637 Send payments to: Send inquirir to: Attn: Remits- Procosing Capitd One Serviaa Capitd One Serricn P.O. B. 85147 P.O. E. 55015 Richmond, VA 23276 Rkh-d, VA 23285-5015 003 peoplepc- online u A better way to Intemet. PeoplePC Online offers all the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by Symantec- ® Pop-Up Blocker"14 * Spam controls ® Smarter Smart Dialer Technology ® 6% More Email Addresses ® 0 Internet Call Wafting GOLD MASTERCARD ACCOUNT JAN 24 -FEB 23, 2005 5291-1517-3339-6129 Page 1 of 1 Payments, Credits and Ad' ents Transactions 1 23 FEB PAST DUE FEE $35.00 Your request to close your account has been received. Your account will be dosed when it reaches a 50 balance. Until then, you will continue 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 cancel all charges which automatically bill to your account. You were assessed a past due fee of $35,00 on 02/2312005 because your mimmurn payment was not received by the due date of 02/23/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to react Capital One. Finance Charges Plearetre remerrtside for im,?Nvrtamt imformatioa rn Halmos race grylvdm Periodu Camspomjm d v PURCHASES CASH $1,696.71 raft APR .07189%P 26.21% 137 81 $.00 . ,07189%P 26 Z^ f.00 ANNUAL PERCENTAGE RATE applied this period 26.24% ? PLEASE RETURN PORTION BELOW WITH PAYMENT V a 0000000 0 5291151733396129 23 1751300220001751300 PLmrp.v;re araJ,adaJdss<m,das-meJsAmge, brt ,urng br„r air alanF in.E 51 751.30 $1,751.30 Minimum Amoum Due Paymem Due Date March 23, 2005 SQea Apt d e- Total enclosed $ a y Sum ZIP Account Number: 5291-1517-3339-6129 Home Phone ,uuraax Phase -? #9005582606399940# MAIL ID NUMBER Capital One Barilc ?- ELLEN M ORR P.O. Box 85147 to 8 N CHESTNUT ST r Richmond, VA 23276 a DILLSBURG PA 17019-1307 Please ro teyoar a 100 mumber on your cbeok air money order made'tq bL, to Capitd One Bam.F and mania the emcbued ewwlVe. 7 m r, faJ. W L W ?'?"c`:= jm -c A* Our File No.: 1363 10 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff CAPITAL ONE BANK Plaintiff, VS. ELLEN M ORR COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-687 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged bt Collection By: David J. Dated: 7/2/2008 ? ? ? ? ? T.1 f`ro" f C r C.... ? ? ', ? ? ??' `i'., d A .. x??. ` , ji •, ; c •;? c` , ? ;.:? w .: ;? r..? ? __.. .,? DANA M. HOTRA, Plaintiff V. JOHN D. SCHUBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-687 - CIVIL TERM IN DIVORCE NOTICE TO DEFEND Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LJNQSAY SAIDIS, FLOWER & LINDSAY Aol.?:tAw 26 West High Street Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Carol J. Linds sgUire Attorney Id. 69 26 West High reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff DANA M. HOTRA, Plaintiff V. JOHN D. SCHUBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-687 -CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. The Plaintiff is Dana M. Hotra, who currently resides at 408 South West Street, Carlisle, Cumberland County, Pennsylvania, 17013, where she has resided since October 2007. 2. The Defendant is John D. Schubert, who currently resides at 307 Arch Street, Carlisle, Cumberland County, Pennsylvania, 17013, where he has resided since July 2004. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 23, 1990 in Baltimore, Maryland. 5. That there have been no prior actions of divorce or for annulment between the SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony SAMIS, LINDSAY 26 West High Street Carlisle, PA Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 12. The averments in paragraphs 1 through 13 are incorporated hereto as if fully set forth herein. 13. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, FLOVWER & WNDSAY Carol J. Linds , E uire Attorney Id. 693 26 West High reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LENDS" 26 West High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Dana M. Hotra, Plaintiff Date: 121 / /0 K SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA n CERTIFICATE OF SERVICE On the 0 day oc/ Lw t,g-", 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire Ten East High Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY I Carol J. L' dsa , Esquire Supreme(Qgud ID No. 4469 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ? n m ? ra cz? r?*3 c-? i cn ar w w ? V II r DEC 0 8 2000G DANA M. HOTRA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 07-687 - CIVIL TERM JOHN D. SCHUBERT, Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this day of , 2008, ?icQ?t Esquire, is appointed master with respect to the following claims: Divorce, alimony, counsel fees and equitable distribution. BY CO T, 1 CA J. S kmis' FLOWER & LINDSAY 26 West High Street Carlisle, PA r r... LI i L U d ? N ,r;d 1 s ? try a , ct