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Home My WebLink About10-5385'Our File No.: 258060 APOTHAKER & ASSOCIATES, P.C. BY: David J. Appthaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23059 Plaintiff, VS. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: nn? NOTICE N C-_) 0 ce 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 $ga.oo W ?/?# 19 5?0?'? 'Our File No.: 258060 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23059 Plaintiff, vs. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A., 4851 COX ROAD, GLEN ALLEN, VA 23059. 2. Defendant(s) is/are LORI D DONOVAN, an adult individual residing at 58 QUARRY HILL RD NEWVILLE, PA 17241. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account # ending in 6745. 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 $1,668.10. 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 $1,668.10 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASS TES, P.C. Attorney for ' tiff A Law Firm Engaged ebt Co?tioz BY: David J. Apothala, Esquire Dated: 8/12/2010 Our File No.: 258060 VERIFICATION David J. Mthaker, Esquire, 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. 49#4 relating to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 8/12/2010 CAPITAL ONE BANK (USA), N.A. LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241 STATEMENT OF ACCOUNT Debtor's Name: LORI D DONOVAN Account Number: ending in 6745 Balance Due: $1,668.10 Our File No.: 258060 EXHIBIT "A" 258060 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: CAPITAL ONE BANK (USA), N.A. Expiration Date: Type of Action: Civil Action Defendant/s: LORI D DONOVAN Serve Upon: LORI D DONOVAN Address for Service: 58 QUARRY HILL RD NEWVILLE, PA 17241 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ., ''b ~~1~`i~'i .vrfl~`~~ Capital One Bank (U.S.A.) N.A. vs. Lori D. Donovan Case Number 2010-5385 SHERIFF'S RETURN OF SERVICE 09/09/2010 05:42 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 1742 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 herself personally, at 58 Quarry Hill Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.80 September 10, 2010 1---a --, i' -~ DENNI$ FRY, DE - Y SO ANSWERS, t~.f ~~ RON .~ R ANDERSON, SHERIFF Our File No.: 258060 APOTHAKER & ASS6CIATES, 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. i?L+t-tJi?l?wti ; } COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5385 CIVIL LORI D DONOVAN ) Civil Action Defendant ) 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 $1,668.10 computed as follows: Amount claimed in complaint: $ 1,668.10 Less: Amount Paid: ( 0.00} Plus: Interest from August 12, 2010 to November 10, 2010 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 1,668.10 I certify that Defendant, LORI D DONOVAN, Iasi known address is 58 QUARRY HILL RD NEWVILLE, PA 17241. t David J. Apo er, Esq. Attorney for Plaintiff Dated: November 10, 2010 d. o?y_ pold y ?"Oi P &ff U 7,?tl 410ha ?? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241 CAPITAL ONE BANK (USA), N.A. Plaintiff VS. LORI D DONOVAN Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5385 CIVIL 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: 800-672-0215 Our File No.: 258060 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.: 10-5385 CIVIL 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 penaltio 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Dated: November 10, 2010 i' Our File No.: 258060 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 Civil Action AFFIDAVIT OF NON-MILITARY 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 58 QUARRY HILL RD NEWVILLE, PA 17241. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-25??, if the Defendant(s) is/are in any branch of the military. 2 1, Mary M. Snavely-Dixon, Director of the Defense Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in t?e ?iilitav. David J. Apothaker, Esq. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5385 CIVIL 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. Depraved ofDdenx Manpower Data Center Nav-10-2410 063U4 hwdwy Stala5 Report Ptrstret to the Sen e M mbers Civsl Reid Act f Amy DONOV AN LORI D Sased as the Watma m you basve l6ratsdsed, the DMDC does, not possess any =&rmtaow the iadvid , st bor. tlpaa ltWdM the iafaare6sm d la backs tithe Depatued of Defeme Mawpawer Data Cemer, based on the Ujoanabou OW Ym PrvvkkA the above it be tatrraat "M of the "idatl as to A brawbes niche lWa ued Services tArasF, Piave; Mar tee Cates, Ai Farce, NOAH, PdAc HcaW and Coast 6as%D. Aalts Mary M se.imI5 Dbwo, Dirrckr Deparaw tdDdewse-MaapmerDamCeokr 1600 WiwiBiv+d, Sate 490 Adoghon, VA 22209-2-93 The Deleuse Mwapowa Data Center sa3MDO7 is ran arpusudon cf dre Department of Debase that awn is dw Dakwe Paelzmant and P5p'bity Repaslog System (>XERS) database w6A is the tisdad soQCC of data m cSSW fix mitary medical tare and adw ef"Hity systems. The DaDi oo* zwpaa *eeo6mcrmmt of de Service CrA Relief Ad (SO U'SC App- §§ 501 at w% as tended) (SCRA) known as the Sol&m ad Safms' C svi RdidAci of 194% D DC ben issued beds of aoma ws of does not possess my* S armsaim iodcaiiag diet the itr3? it c-4* oo active dry' respasom and has e*erieucsd a amain error rase. Is the event sin iadbsidarl salereaced *mv, or astir 6saiy saesrsbar, M04 or asaests is coy >nancer that the iwirviehW is on active drty. cr is otmuise entitled to the protectiam of the SCIAI, yon are skov* a couraged to obtain tether vai6caiaa cf the per" s finite by capt a tg lint pexseai s< Savke via &c `dt=ek.aar URL If you bane eykkaca the pm m is on err thin defy and ym Earl to obtain this ad"OW Ser- , t eoNve pnwitk ns of the SCRA map be evoked a rt yon. See 50 VSC App. *521(c). If Yon abtait 06fi6onai idontiatioa ebout the palm (e,&, an SSN, itaproved aaa rrwy of WS, a saiddle am*). you can submA )npr request again at dis %'eb she and vein v A prmidc a am catficate for that slsery- This respoasa reflects active duty statu inch dose the id's?Axg eras 1sst on aMe +3ty. it was sithm the preceding 367 days. For historical i&naahcwo plesc carasct the Service SCBA fwins-af-cc m Afire i%Asraadaa are "natter Dow ,Stauff, Ackm day tams as reported an 4is caticate is deBnad it accerdarse vri h IO USC § 101(d)(I) fCr a period of more &un30 curl-culive days, la the case O fa member df &e h4601at CM&A includes service under a cal m aeEtte service sized by the Presideae or the S-vmy of Ddmt for a period ofmote thaut 30 coaaopv9e days under 32 t1SC § 5020 for parposa of responding to a aaaicnal emergency declared by the President and wpported by Federal lads. A! Active Guard Resew (AGAR) members mast be awed ass mat an asalhoaaed - -lbAzabon posribm a the a* dsey support This iochsdtt Navy TARs.'v4acee Carps ARs and Coast Gwrd RDAs. A(*Nv Dry ins also applies to a Vabaued Service ,amber uiio rs as active duty commissi-ed Officer of the VS Public Health Service or the I+lasooaal Oceanic and Ant nowbetic Adrviaiserauan 4P;OAA6 C;ounnsione,d Cups) fior a lrerin)d cFmcte than 34 ccesecativT days. CwrmWe L`mder the SCIL4 it SrrasAw in Sooner Cases Cove=age mdc the SCRA is broader c same cases and echades some categories afpasaus an active d dyfor purposes of the SCAA vvho vnoald taor be reported as oat Active Drat;, ender dais cert Cate. -Mavf tea orders are aaeadedto refined the period of active duty, which scvrid woad SCRA protections. Persons seekng ro r+dy oa this websrlte cert&, rim AmM deck to make stye die orders an which SC RA ptalrretioss we based have no been amended m aced the kdeim dates pf a me, Fvg*enwc, sans proftc6m a(the SCRA my rated to pasows Rho hw e -teffed criers W report far active dry or to be odoctvdl but who hive not aclasfybtlgsn Mcbm dpq or actw* reported for adncb0a The Last Date on Active Dieu eery a iuirartuaat beemse a u"ube, aft of SCRA edsead beya the list dates of wtkv drV. Those who x odd r* oa this eat&att are arged to seek gadded lega com el to eat mm that at rights guorrntetd to Sftv,,t aesnbers wrier the SCR A we proeected 'WART NCr This cahkate was provided based an a sate and SS:Q provided by the raloe*m- Ptovidigg ore moo,,, flume at SSN wi came an erroneous certiicne to be provided. Report Ux)ENILOO&G 258060 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. 10-5385 CIVIL To: LORI D DONOVAN 58 QUARRY HILL RD NEWVILLE, PA 17241 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 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BAR DAVID J. AP TH R, 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 Date: October 26, 2010