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Home My WebLink About09-8685 416 bur File No.: 228930 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. LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CA - 8( 'Pm &VII arrm 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 bur File No.: 228930 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. LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 a - ?4, ??-,- 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 LISA M SHUTTY, an adult individual residing at 183 FAITH CIRCLE CARLISLE, PA 17013. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4862362555614836. 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 $1,797.91. 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 ?. t WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,797.91 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in ebt Collection BY: David J. A Dated: 12/4/2009 Our File No.: 228930 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 relating to unworn falsification to authorities. David kApothaker, Esquire Atto ev for Plaintiff DATE: 12/4/2009 CAPITAL ONE BANK (USA), N.A. LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Balance Due: Our File No.: 228930 LISA M SHUTTY 4862362555614836 $1,797.91 EXHIBIT "A" 0 2L?: LIEc 1 t c r€,2. G #93t.oc? PQ MW R? a.3s i c?1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 4??r?tr? ct ?a?naErr{r '? rp OFT4FM TAW ZOl8 JAN _5 1" P?+it?1?t.Vi?iY Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. Case Number Lisa Marie Shutty 2009-8685 SHERIFF'S RETURN OF SERVICE 12/28/2009 03:45 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1545 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lisa Marie Shutty, by making known unto herself personally, at 183 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to he personally the said true and correct copy of the same. SHERIFF COST: $33.40 December 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 13Y Deputy Sheriff tc;, Goun'rS?ite. Shenii. f elaIC)SOtt lit:;. Our File No.: 228930 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. LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 Defendant. FLED _;..=F, ; - 2 1L1 AHt c3 f=?+ ! 4 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8685-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.: 228930 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. LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8685-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 LISA M SHUTTY, an adult individual residing at 183 FAITH CIRCLE CARLISLE, PA 17013. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4862362555614836. 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 $1,589.85. 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 $1,589.85 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney ffq' Plaintiff A Law Firm Enea ed in Debt Collection BY: David J. 4fothaker, Esquire Dated: January 21, 2010 Our File No.: 228930 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. 490„4 relating to unworn falsification to authorities. David J )thaker, Esquire for Plaintiff i DATE: January 21, 2010 CAPITAL ONE BANK (USA), N.A. LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: LISA M SHUTTY Account Number: 4862362555614836 Balance Due: $1,589.85 Our File No.: 228930 EXHIBIT "A" Our File No.: 228930 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. LISA M SHUTTY NO.: 09-8685-CIV Defendant CERTIFICATION OF SERVICE I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on January 21, 2010, I mailed a copy of the Amended Complaint by Regular mail to LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 Date: January 21, 2010 Attorney for Plaintiff I Our File No.: 228930' 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. Plaintiff VS. LISA M SHUTTY Defendant ?7 '1! 77 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8685-CIV Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, LISA M SHUTTY, in the default of an Answer, in the amount of $1,599.25 computed as follows: Amount claimed in complaint: $ 1,589.85 Less: Amount Paid: ( 0.00) Plus: Interest from January 21, 2010 to March 22, 2010 at the legal interest rate of 6.00% per annum 9.40 Attorney fees 0.00 TOTAL $ 1,599.25 f I certify that Defendant, LISA M SHUTTY, last ` own address is 183 FAITH CIRCLE CARLISLE, PA 17013. Dated: March 22, 2010 David J. A*1!?)thaker, Esq. Attorney for Plaintiff +14.oo PO qrr/ racx i-I?(a83 1Jo?Ce;?. ?I.c OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 CAPITAL ONE BANK (USA), N.A. Plaintiff VS. LISA M SHUTTY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8685-CIV Civil Action Defendant 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 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc. at this telephone number: 800-672-0215 J Our File No.:-228930 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. LISA M SHUTTY NO.: 09-8685-CIV Civil Action Defendant 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 JApoerr, Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Da. Attorney forPlaintiff Dated: March 22, 2010 Our File No.:•228930 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. ) Plaintiff ) VS. ) LISA M SHUTTY ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8685-CIV Civil Action 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 183 FAITH CIRCLE CARLISLE, PA 17013. 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. Mary M. Snavely-Dixon, Director of the D fe se Man wer Data Center has sent back our inquiry indicated that the Defendant(s) is/are no i the itarv. David J. A?othaker, 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. DepaetruentofDtfmse 4i arrgetwes Data Center ".viler-22-2414 123I_I4 AMk hiilitalry Suns Report Pursuant to the Service Members Cvit Relief Act < lash Name Fit"tAGalit+r Be& Date Active Deg. States Attire Duty Ead Date Service ?stcp SHL'IT'Y LISA M Based -11)e itsfwraation Lout have furr>alied, die DI.MC does not possess any indicating do individual Status. UP- +-Wdiog the infor ckn date butts of dw U art ofDefens, Manpower DAta Center. based on due O o u that ;.emu pr- ded, the above is the carr«u status Of 6& k*iciuai as to at brat ctaes oftht t rr3trsxted Services (Amen} Navy ,Marine Corps, Air Force Iv4AA, Public Hear, and Coast Guard). %AL Mary _M, SiunTh-Doom Director Drpartmeru of Defense Marnpawrr Data Center 1600 VQion My cf . State 300 Arlington, VA 22209-259; The Defense Manpower Data Center (DNOC) is an cxgarazaticn td the Departirient of Defense that maintains the Dtfmse Eoroxhracut and ElipW Rrpartmg System (DEERS) database wi ich is the cifficial source of data era for nr? medical cart and other ekbilisr s+^Acr ns. Ile DoD strangle stets due rd'arceme? of for Service ?vices Civil Rc d Ace (50 U SC App_ §§ 501 et sr,% as amended) (SCRA) (fortuerh- known as the Sokfiers7 and Sailors' Civil Relief Act of 1930)_ D_MI)C has issa td hundreds of dsousands of 'does not possess any iaf at iurd Ut ng that the iWI%iduaal is curtendy on active duty' responses. and has esperieaeed a sama error rate- In the event ffie individual referenced above, or any fa memo r, &imd, or representative asserts in any nearer sly die in&id ual is on active duty;, or is oihervvise em ided to the protections of the SCRA. ton are shoq#y encouraged to obtain firdw v catitmr of the Ms,> s status by contacting that persons Service via the "deftnselink mf URL bm. vav d frasclnlc.rt far};L es•PC09SLP&-htg# Vyou have cv deace the person is on eve da# and )moi fad to obtain this additional Service verification, pum[ive provisions c>fthe SCRA nxa, be ovoked against you. See 50 USC App. §521(c)- 1f yWn obtain addltimA in&mwion about the person (e g., an SS\, irnprovrd accuracy of DaB, a audilk naine),1- m can st>kirw Your request again at this Web site and we u-7 provide a new cati6cate fiat tied query- This respmw reflects attire date states including date din indkida-4 was kw on active duty, if$ was v6 din the preceding 36' ilali, For hetntical iifiormabon, please contact the Service SCRA poets-c -contaci More ern on "Active Duo- Status ' Active duty stains as reported so rhos crrti&catr is defined in accordance with 14 LUSC § 101(d)(1) for a period oY mere than 30 consecutive days, In site cast of a member of dr National &=d iaducle-s sense under a cat to artiv a sm-xe authoaued hv° the President or the Sscretary wf De t-W for a period ul•more than 30 cocismrove days order 3: USC § 502d) f0f purposes 4 icspande,f to a nMlosnal emenZency declared by the President and supported by Federal funds All Artwc Guam Resene (AGR,) members u>int bt assigned against an authortzrd mobilization position a ddt unit they support This anducirs Nin-y TAR s, Ma6w Caps ARs and Coact Guard RPAs. Active Duty stain aho a $ to a Unfitr net Service member who is an active dLo caraussioced deer efthe G.S. Public Health Service -a die National Ckeanic and Atrrtosplneric Administration (NOAA Conarrassicued Corps) fox a gerund ofmokr than 30 consecutive days. COSe7VC Linder Mite SC'R4 it Brno fur in SOArrr Cantu Ccnvrw under the SCRA is broader in some cases and inckndes sonic categories of persons on active dots' for purposes. of tlic SCRA w ho w wind not be rtpvated as on Attrvv Duty reader dies certificate. Xhmv times orders are arm to extend the perind of active derv, wfu& would extend SCRA protections- persons seeking to rely on alts wtbsite certification shordd cheek to make sure the orders on whidr SCRA protections are based have not been amended to a le nd due inclusive dates of service. Fur Mernwre, some protection ofdx SCRA may extend to perms who have received orders to repot for actirx tiny or to be inducted, but who have not actually begun acmne duty or actually reported for iuLhnctian. The Last Date on Active Duty entry is a- p natant becaurse a acauber of proteckvxs of SCRA extend bin, -a and the last dates of active day Those who verndd Fd?'oa this certificate are urged to seek wed Legal counsel to eustaE diet at r4fts parameed to Sc r =icc mewbcas wrier the SCRA tie protected WARN'L G: This certificate w as prcnidcd based on a nanve and SSN proniird by the requestm providing an eaoneous name ar SSN' will caasse an etroece41s certificate to be provided. Repent 1D79QB I VA" 856 780.1000 856 780.1020f 215 634.8920 215 634.8421f J 228930 OFFICE OF THE PROTHONOTARY _ COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) LISA M SHUTTY ) NO. 09-8685-CIV To: LISA M SHUTTY 183 FAITH CIRCLE CARLISLE, PA 17013 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: February 26, 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 S DAVID J. APO HAKER, 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