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Home My WebLink About08-4442,. O& File No.: 172096 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 NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. AMANDA WITTENMYER 141 TOWER CIR CARLISLE, PA 17013-9627 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: X- 0-10- OtIvi I -urm 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 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 NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. AMANDA WITTENMYER 141 TOWER CIR CARLISLE, PA 17013-9627 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 6f - 4 (4q .Z &u:.-4 ,,u-- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are AMANDA WITTENMYER, an adult individual residing at 141 TOWER CIR CARLISLE, PA 17013-9627. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #5178052227775349; and said account was issued to Defendant(s) by CAPITAL ONE BANK (USA) NA, 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 $2,064.63. 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. N . WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,064.63 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. TES, P.C. A Law Firm Erikaudd in Oebt Collection BY: Dated: 7/17/2008 David J. Our File No.: 172096 106 VERIFICATION David J. Apothaker, Esc. 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 uWwoifn falsification to authorities. David J. A? Attorney for DATE: 7/17/2008 a 4w AMANDA WITTENMYER 141 TOWER CIR CARLISLE, PA 17013-9627 STATEMENT OF ACCOUNT NORTH STAR CAPITAL ACQUISITION LLC Debtor's Name: AMANDA WITTENMYER Account Number: 5178052227775349 Original Creditor: CAPITAL ONE BANK (USA) NA Balance Due: $2,064.63 Our File No.: 172096 EXHIBIT "A" ' 'Ski °i? S t t,"? 37 I 9 4c, SHERIFF'S RETURN - REGULAR CASE NO: 2008-04442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS WITTENMYER AMANDA RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WITTENMYER AMANDA the DEFENDANT , at 0010:56 HOURS, on the 28th day of July , 2008 at 141 TOWER CIR CARLISLE, PA 17013-9627 RICK HOLLMAN by handing to HUSBAND OF DEFENDANT 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 5.00 Affidavit .00 Surcharge 10.00 .00 b JO I?C? 33.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/29/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff A. D. Our File No.: 172096 APOTHAKER & ASSOCIATES, P.C. BY: David J. Anothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 NORTH STAR CAPITAL ACQUISITION LLC Plaintiff, VS. AMANDA WTTTENMYER Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4442 Civil Action PRAEC1 PE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, AMANDA WTTTENMYER, in the default of an Answer, in the amount of $2,107.21 computed as follows: Amount claimed in complaint: $2,064.63 Amount Paid: - $(0.00) Interest from July 17, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $42.58 Costs $0.00 Attorney fees $0.00 TOTAL $2,107.21 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, AMANDA WITTENMYER, last know address is 141 TOWER CIR CARLISLE, PA 17013-9627. APOTHAKER AS OCIATES, P.C. Attorne !Plaintiff A Law Finn Enl ge in Debt Collection By: David J. Dated: 5/14/2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: AMANDA WITTENMYER 141 TOWER CIR CARLISLE, PA 17013-9627 NORTH STAR CAPITAL ACQUISITION LLC Plaintiff, VS. AMANDA WITTENMYER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4442 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. Anothaker, Esc at this telephone number: 215-634-8920 Our File No.: 172096 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 NORTH STAR CAPITAL ACQUISITION LLC Plaintiff, vs. AMANDA WITTENMYER Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4442 . SS. 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 141 TOWER CIR CARLISLE, PA 17013-9627. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, i911 Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i Data Center has sent back our inquiry Davi J. Apothaker Attorney or Plaintiff 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. Deparm ent ofDle llease Manpower Data Center MAY-14-2009 09:5132 A fary Status Rq mrl Pursannt to &e SeYvicemembers Civil Rdef'Act WIT i E YFR Ai1rLa MA Based an the xdbrmom you bey wed, the DMDC does so possess Cori that the individual is eu reaHtly on active duty. Upon searding the mfi mom data banks of the Dcp®cbncmt ofl a Manpowear Leta Ce»ter, based an the mfi madon that you provided, the above is the cmreaat stains of the individual as to d brmnehes of'the. MFtaty. Aut A i..J. - * - Mary M. St>eavedy-lixm Mvctm Dot of Defense - Manpower Data Center 166 V,%on BhA. Svite 404 Arington, VA 22209-2593 TIe Demme Manpower Data Center (DAB is an oqp mafim of the D meat of Defme Rat namitains the Defense FArebunt and Efii arty Reputing Systear m (DEERS) database which is the adicid source of data on eIOAy for n&wy medical care and other ei'gW systems- The Department oaf D a strou* smppaets the ankmmmumt cfthe Servings Civil RdiefA,act j:50 USCS AM& ff 501 et se q] (SERA) (fimmedy the S"e& and Sai{atpas' CWI Reli f'Act cf 1940)_ DWM has issued bundreds r4dionsands of 'does not possess any mater indicaug that the individual is catretmy on achm day" responses. and has cxpedenced a saus error rate. In the event the individual re fierenc ed above. or any family member, found, or ragresentifive asserts in my manner that the individual is on active duty, or is cue eakided to the pry of Ihe SCRA, you u are stem* encouraged to abasia ftetdm vei n caffthe person's active duty stadia by ccutacting that person"s MItary Scsvic: va the "ink mr URL, `provided below. Ifyou have evidmm the person is an actin-duty and you fal to obtain the additional Mitary Service vin, provisions ofthe SCRA Ynay be invoked against you. Myou obtainman about the pw a (e.g., art SS T, kupraved accuracy of DOB, a mime name), you cm subunit yaw request agak at dis Web site and we wiN provide a new caNficate fear that qmy. Mus response redects current active duty status ody_ For h omwal of aq please contact the A+Ritary Service SCRA points- OF-coatact Sew bttt Yjyww. Btmm WARNP r_ This ca ideate was provided based an a name and Social Sec trity+ nuaber (SSN) provided by dhe regiemster. Pty an eous, naox or SSN wit cause an enmeous cer 6cate tO be pare xm:8ArQ 172096 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY NORTH $TAR CAPITAL ACQUISITION LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) AMANDA WITTENMYER } NO. 08-4442 To: AMANDA WITTENMYER 141 TOWER CIR CARLISLE, PA 17013-9627 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 28, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 DA I . APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 I 't ?( SHERIFF'S RETURN - REGULAR CASE NO: 2008-04442 P -777 COMMONWEALTH OF PENNSYLVANIAN iU COUNTY OF CUMBERLAND, a T NORTH STAR CAPITAL ACQUISITION VS WITTENMYER AMANDA RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WITTENMYER AMANDA the DEFENDANT , at 0010:56 HOURS, on the 28th day of July 2008 at 141 TOWER CIR CARLISLE, PA 17013-9627 by handing to RICK HOLLMAN HUSBAND OF DEFENDANT 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 5.04 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: t{ R. Thomas Kline 07/29/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff of J A.D FILET' `= OF TPE 2009 hAY 19 PH 3: 30 Ck /3 v 74/ .3 S •+