The URL can be used to link to this page

Home My WebLink About09-8684Our File No.: 228889 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 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY /NO.. Oct - 81084 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 Our File No.: 228889 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 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o q. ?G k `f et?;j -/-0-11 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are LORI D DONOVAN, an adult individual residing at 58 QUARRY HILL RD NEWVILLE, PA 17241-9403. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4862362500803674. 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 $1,544.30. 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 $1,544.30 and requests this Court award costs to the extent permitted by applicable law. APOTHAFE:iarlyed 'iYSSOCIATES, P.C. Ar Plaintiff A Law Fin Debt Collectioi BY: David J. \?.pothaker, Esquire Dated: 12/4/2009 Our File No.: 228889 VERIFICATION David J. Apothaker, 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. 4 relating to unworn falsification to authorities. David J. A othaker, Esquire Attorne or Plaintiff DATE: 12/4/2009 LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 CAPITAL ONE BANK (USA), N.A. STATEMENT OF ACCOUNT Debtor's Name: LORI D DONOVAN Account Number: 4862362500803674 Balance Due: $1,544.30 Our File No.: 228889 EXHIBIT "A" O FUEL, 2G,,5, 9GEC 17 Pi'1 12: 39 GlA`v; ,i Ty (',-;it's , ?],t ?b•r ?V, ry W.oo PO A",4 eco t uac?/ I baL wo 9 P-* d-35 ,ip 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ti 1 ti- FILET 4 3 3 DEC 22 P? 2- Capital One Bank (U.S.A.) N.A. vs. Lori D. Donovan Case Number 2009-8684 SHERIFF'S RETURN OF SERVICE 12/18/2009 06:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2009 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lori D. Donovan, by making known unto Hank Donovan Sr., Husband of defendant at 58 Quarry Hill Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 December 21, 2009 SO ANSWERS, ?"O? R THOk%S KLINEJSHERIFF f By ;cj Goti^tySuite She,ff. Teiecs `t. Intr. F Oiir File No.: 228889 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 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 Defendant. CF LPL, C ?y i R 2DI A,Q0 f,11110: ?s COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8684-CIV 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 Our File No.: 228889 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 CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8684-CIV AMENDED COMPLAINT (As to Amount Due) FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are LORI D DONOVAN, an adult individual residing at 58 QUARRY HILL RD NEWVILLE, PA 17241-9403. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4862362500803674. 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 $1,544.30. 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 $1,544.30 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorne or Plaintiff A Law Firm Enme in Debt Collection BY: David J. Aboaker, Esquire Dated: January 11, 2010 Our File No.: 228889 VERIFICATION hereby states that 1 am for plaintiff in this action, and that t 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 unsworn falsification to authorities. i DATE: CAPITAL ONE BANK (USA), N.A. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 STATEMENT OF ACCOUNT Debtor's Name: LORI D DONOVAN Account Number: 4862362500803674 Balance Due: $1,544.30 Our File No.: 228889 EXHIBIT "A" ti Our File No.: 228889 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 (USA), N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. LORI D DONOVAN Defendant NO.: 09-8684-CIV CERTIFICATION OF SERVICE I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on January 11, 2010, I mailed a copy of the Amended Complaint by Regular mail to LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 t? David J. Apothaker, Esquire Attorney for Plaintiff Date: January 11, 2010 Our File No.: 228889 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 (USA), N.A. VS. LORI D DONOVAN Plaintiff Defendant Civil Action NO.: 09-8684-CIV COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, LORI D DONOVAN, in the default of an Answer, in the amount of $1,881.03 computed as follows: Amount claimed in complaint: $ 1,544.30 Less: Amount Paid: ( 0.00) Plus: Interest from December 4, 2009 to March 22, 2010 at the legal interest rate of 6.00% per annum 336.73 Attorney fees 0.00 TOTAL I certify that Defendant, LORI D DONOVAN, RD NEWVILLE, PA 17241-9403. Dated: March 22, 2010 2101°'i4 : 10-- 55 G $ 1,881.03 address is 58 QUARRY HILL David J. ApothaYer, Esq. Attorney for Plaintiff #Iq.Oo PO Arr! M* liqq?q 0-ag0 Sag Oo u ?t" OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 CAPITAL ONE BANK (USA), N.A. Plaintiff VS. LORI D DONOVAN Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8684-CIV Civil Action 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: 800-672-0215 ?j?4 Our File No.: 228889 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 (USA), N.A. VS. Plaintiff LORI D DONOVAN Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8684-CIV Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: March 22, 2010 Attorney for Plaintiff Our File No.: 228889 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 (USA), N.A. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. LORI D DONOVAN NO.: 09-8684-CIV Civil Action Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . 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 58 QUARRY HILL RD NEWVILLE, PA 17241-9403. 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 Defendant(s) is/are in any branch of the military. /1 Mary M. Snavely-Dixon, Director of the Def se power Data Center has sent back our inquiry indicated that the Defendant(s) is/are not i the ilitary. David J. Apot, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Degiiaimeut of Dcfeui?t Manpower Data Center Miar-22-301912:4" 22 aty Status Report Pmssat to dsc Samar Mears Civil RefidAcd Last Findltiddle Beep Dare Active Ditty Suess Artilve DwN End Bate Senxe Nat" _. F DONOti rL? LORI D Based on the ec mions }rou h7cr }mod, ? D?Q7( dies not l>GSSCSS any imicatimg the in&ri&W status [;pun seam the irrtormatioo data banks of the I Ae mrauettt of Dtfetsre `Iainpower Data Cutter, based on the ii4 uueon drat pots provided,. Ow above the current status ca the eadrridual as to am btan;;%ei of the Vvi'ormed Services (Amts, Navy, Marits Cosps,. Air Forcc, NOAA. Pic Heakh, and Coast Guard). Olal )4. '1 diary ^M Snm ely-Dixm Director De ere of Defense , Mmipauer Data Certn 1600 WiUoa Rh:d, Sufic 40¢ Ariingtom VA 22209-2593 The Defense Manpower Darn Center (D\VC) is an of a adirn G(tbe Dew Of Defense trier mntaiins the Defense Form and Epp Reportm# System M=) die w6ch is the affiriat sauce of data on d WW tux nit- mec?eal care and Odor ey s}stems. The DoD stro ngfg supports the rmfoacemrnt of tut Scnrc'_4demhers Civi Relief Art (59 USC App- §§3 501 et seq as atirrudedi (SCRA) (1FormeTty known as the Sokfiers' and Sags' Citi Reef Act of 1940)_ DNfDC has iss wd hmt dry of dsotsands of 'dov,s not possess any ito nation iidiratiog due the indiridud is ctarnsids cc active duW responses, and has irw aimced a irng error rate. In the csrcnt The individual referenced above, or any formic member, friend, or reprr a asserts in mm mamoer dw tits M&idual is on active ohtg, a is odwrwise entitled to the protections of the SCRA, you aas shorrgly encouraged to obtain finches ver6c atnn of the pmsors'r stout by contacting dw perscui s Service vim t)rc "defemeI*-mC M ; u nc. msc5 as cis P?09SI_L?R..k:od. If you hwe eoideme die paao is on active duti and you fad to obwin teas addomrl Service vtrifirabm prime prosisons c the SCR A mat be m,,mced against you. Sec 50 C'SC App §521(c)_ If yo u obtain additional i fomw tim about the person (e f., an SSN1 itrgnoved accuracy of DOD, a v iddle mm le), you can atbnpt yow request again at dis Wth site and we vlpcmidt a new certificate for that quesy- This respmse r4" active dsty statics mending date the individumi was last on artifice day, jTa was %*in the prccedi ag 36" days. For historical tiara, pleasr react the Service SCRA points-of-contact_ More infonttarian an "Active Daeo? Stator" Acme Jw stabs as reported n Ibis curate is dcfinc3 im accordance with 10 USC x 101(dxl) for a good of more Ban?b cousect,6v e day3. In the case of a tnemher of die `anong Guard. includes service under a cal to active servtiee mtib=ed by the Pres r ar the Stcretary *(D6mst kr a psriod ofnwe than 30 cooasctncx dm'S under 32 CSC § 50.10 for pvrposes of rc-4xwding to a aatiouai emergency declared by the P"m4dent and supported be Federal fixwU Al Acct (inard Reserve (AGR) memb,!rs must be assigned against an mmhorL-ed mob s position in the unit thh• sulwpott. Ibis includes Nary TARS, \4aa ne Corps ARs and Coast turd RPAs, Active Date status also appfies to a Lfriformed Service nxTaber wbo is an native duty commissioned o6icer of the L'.S. Public Hea* Sen-ke or die National Oceanic and Axrnosphrric Adin"stratiat tN'OAA ICrmtnessioned Corps) fix aperiod ofmorc than 30 consrtubie days. Covenwe Iitder tow $C&4 fa Braadei is .S'omw Case C4mTmge under the SCRA is broader in some cases and mckw is some categories of persons on acme duty for purposes of the S CRA who would not be reported as on Arnie tuts trsdet dus certthcate- Marv tosses orders are amended to extend the period ofactivc duty, vAt& would ea cod SCRA protections. Persons srcking to re#y cm this webste cer?atso n sherd heck to make sure the orders on w1wh SCRA protecwm m?t based have not been amrnded to eater ulna i[tclusitie daces se tee: Furthermore, mate pNrotectioas of the SCRA may extend m persons o have reixi td orders to teport Ibr aorta Sty Of to be inducted, but trho have mot actually begun active &4 cc actually reported for instuctiom. The Last Date cm Aefity Dutp emh?• is important btcausc a manbet of protections of SCRA extend bey and d. last dates of active duty Those who would rely on this catifirate art aged to nark quakiod Ecgal arms l to ensue that al<rights g=ariteed to Semite m ers undtrthe SCRA are protcesed- TVARN'N& This cati&cate was pro dad based one a name and SSN prmidrd by the rrgxstcr. Prmiding an arourcm name or SSN W& cause an errooem ecrtifieate to be provided. Report IDHC3L?l5 lI 856 780.1000 856 780.1020f 215 634.8920 215 634.8421f 228889 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) LORI D DONOVAN ) NO. 09-8684-CIV To: LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241-9403 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: February 12, 2010 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR 1'? ( DAVID J. A T KER, 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 438423