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Home My WebLink About08-0928t Our File No.: 136334 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. DEBRA K NOLL 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 09 - qa101 0"%\A ( (eJ'h 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 han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial 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 FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA 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. 'Attorndy I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CS- q d ? &Vz ( l e-r' CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. DEBRA K NOLL 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162 Defendant. 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 DEBRA K NOLL, an adult individual residing at 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162. 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 $1,583.93. y 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 $1,583.93 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. SECOND COUNT 9. 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 "B". 10. Defendant received and accepted the goods and/or services described in Exhibit "B". 11. The prices set forth in Exhibit "B" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 12. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "B". 13. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $6,924.83. 14. 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 $6,924.83 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,5006 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engag n Debt Collection BY: l? David J. Apothaker Dated: 1/28/2008 Our File No.: 136334 w I J VERIFICATION 41111 , hereby states that I am 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 unswom falsification to authorities. DATE: J t CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 DEBRA K NOLL 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162 STATEMENT OF ACCOUNT Debtor's Name: DEBRA K NOLL Account Number: 5291151788394029 Balance Due: $1,583.93 Our File No.: 136334 EXHIBIT "A" -4 CAPITAL ONE BANK c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 DEBRA K NOLL 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162 STATEMENT OF ACCOUNT Debtor's Name: DEBRA K NOLL Account Number: 5291152053980377 Balance Due: $6,924.83 Our File No.: 136455 EXHIBIT "B" 44- L fp 6?' -O b W Od D C°7 ? O t SHERIFF'S RETURN - REGULAR CASE NO: 2008-00928 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS NOLL DEBRA K NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon I- T nnT-,nI T, the DEFENDANT at 1245:00 HOURS, on the 14th day of February , 2008 at 1215 MITCHELL DRIVE MECHANICSBURG, PA 17050-3162 by handing to DARREN ALLEN, BROTHER IN LAW, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.68 00 10.00 R. Thomas Kline .00 35:68 02/15/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of day By: Deputy Sheriff A. D. "% t. Our File No.: 136334 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 CAPITAL ONE BANK Plaintiff, VS. DEBRA K NOLL Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-928 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, DEBRA K NOLL, in the default of an Answer, in the amount of $8,878.17 computed as follows: Amount claimed in complaint: $8,508.76 Amount Paid: - $(0.00) Interest from January 28, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $369.41 Costs $0.00 Attorney fees $0.00 TOTAL $8,878.17 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, DEBRA K NOLL, last know address is 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162. APOTHAKER A Law Firm By: SOCIATES, P.C. Plaintiff in Debt Collection Dated: 5/14/2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DEBRA KNOLL 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162 CAPITAL ONE BANK ) Plaintiff, ) vs. ) DEBRA K NOLL ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-928 Civil Action NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq_ at this telephone number: 215-634-8920 S/} / y Our File No.: 136334 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) vs. ) NO.: 08-928 DEBRA K NOLL ) Civil Action Defendant. ) AFFIDAVIT OF NON-NULITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defgdant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defense indicated that the Defendant(s) is/are not in the military. David J. Attorney Data Center has sent back our inquiry The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daps east of Defi!nse Manpower Dam Cemer MA'Y-14-2009 0935 41 Based an ire infun maim you bane fad d, the DMDC does am possess any afixmidon Upon warding the man data bedcs of the Dqmuwm of Die Manpower D Cep, based an the T ian du cam. provided, the above is the cmus of the iod&d as to at braadws of the Miter. Mary M. 5 * Dews. Dm w DqmtmW of Ddase - Maq)owar Dam, star 1600 Wilson, Bhd, Sake 400 A&gtm VA 22209-2543 The Die Manpower Data. Ceder (DhMDQ an orguzzatioa of the Department Qf Demise do smaintais the Uwe Eauolwoft and ` W Report" Sy*= (DEERS) detabase wbich is the ofiicial source cf dds on + r for military mc&A carve and ocher A *W system. 'Ibe Depart ued of Udmw s oo#y mppotts ffie en6ntcmxwofdre Se-rnicr ue iers Civil ReWAct j54 USCS A"m §§ 501 et seq] (SCRA) Om nedy the Soldiers! and. SAW Civrl RaeSdAct of 9E" DMDC bas issued hwm&eds of ids of "does not possess mny ikon w&cming; that die ur l ce * an active duty" reVonses. and has aWim )ed a sma a.= rate_ In the event thee rehmeed abase, army fiandy nm m *w, Meak or reps u+e assetts inaggy rnamoff that the indvidud is an arrive daty, or is othavr e a to, the psotecdo ns of the SCRA, you are skom* encouraged to obtain bur 6 veffwatim ofthe person's active duty states by commaing tit person's Military Sffvice vi R to "dam mr URL prro"d bdow. If yon home evidence the parson is an maiw-duty a rd you iail to obtain din ad&*Km d Uffiary Sam verification, pnNisiow of the SCRA my be unvoiced against you. If you obtain fiadw i dorm r about the parson ( e.g., as SSN, k%xvved lacy ofDC IL a midge made), you can submit yaw rem again at this Web site and we will proui& a new camleme for due glary. 'This response rdkas wrrart awe duty stag ody. For h awied shmation, please comma the Idiltary Sanwe SCRA points- of-comma See: bib's?+arry;*. WARNMI INs caftlicate was prflwided based on a amine acrd S+ximi S r * a m*w (SSN) provi& d by do rem. Providing an wcm ous name or SSI;t wail cause an era wous ccrtificate to be provided. RsportID^Q VLYWG Pu mnant to the Sesvicamembers 001 Reiief Act 136334 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) DEBRA K NOLL ) NO. 08-928 To: DEBRA K NOLL 1215 MITCHELL DR MECHANICSBURG, PA 17050-3162 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: April 15, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 Lawyer Referral and Information Service 800-990-9108 DAV4b V. APOTHAKER, ESQUIRE A Law F Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID 438423 SHERIFF'S RETURN - REGULAR CASE. NO: 2008-00928 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS `-_w NOLL DEBRA K y _ NOAH CLINE , Sheriff or Deputy S er o `° Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT .& NOTICE -was served upon NOLL DEBRA K the DEFENDANT , at 12 4 5.0 0 HOURS, `,on'.' the 14th day of February , 2008 at 1215 MITCHELL DRIVE MECHANICSBURG, PA 17050-3162 by handing to DARREN ALLEN, BROTHER IN LAW, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.68 Affidavit .00 Surcharge 10.00 .00 35.68.68 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/15/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff of , A. D. ; r 2P,39 HI I H fir, in: ? o X 14 . DO ?lc?.-? 21?? l3 4813