The URL can be used to link to this page

Home My WebLink About10-7166Our File No.: 295514 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 AMERICAN EXPRESS BANK, FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, vs. KATHLEEN DODGE 1305 BRANDY AVE NEW CUMBERLAND, PA 17070 Defendant. F~L~~ Cl~~-~~ ~'. ~~ ~~i7P'~~`~ I?_ Pik t: C~' COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. ~ d -~ ~ ~0 ~P 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 yA~ ~~ 33~ ~, ~~ ~ ~~~~ Our File No.: 295514 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 AMERICAN EXPRESS BANK, FSB 4315 SOUTH 2700 WEST SALT LAKE CITY, UT 84184 Plaintiff, vs. KATHLEEN DODGE 1305 BRANDY AVE NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: l` 6 ~ `7 ~ ~ G ~~'`` CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is AMERICAN EXPRESS BANK, FSB, 4315 SOUTH 2700 WEST, SALT LAKE CITY, UT 84184. 2. Defendant(s) is/are KATHLEEN DODGE, an adult individual residing at 1305 BRANDY AVE NEW CUMBERLAND, PA 17070. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS BANK, FSB, issued to Defendant(s), Account # ending in 1004. 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 $16,526.43. 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 $16,526.43 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for~'~'intiff A Law Firm Engage m ebt Collpe~o~ BY: Dated: 10/28/2010 David J. Apoth~r, Esquire Our File No.: 295514 VERIFICATION David J Anothaker Esauire, Esa. 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.~9~4 relating to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 10/28/2010 AMERICAN EXPRESS BANK, FSB KATHLEEN DODGE 1305 BRANDY AVE NEW CUMBERLAND, PA 17070 STATEMENT OF ACCOUNT Debtor's Name: KATHLEEN DODGE Account Number: ending in 1004 Balance Due: $16,526.43 Our File No.: 295514 EXHIBIT "A" o SHERIFF'S OFFICE OF CUMBERLAND COUNT) =..- t Ronny R Anderson L' ?. C? `, Sheriff r " ??tr of ? u rlabrcf? ? ? ? Jody S Smith ?o hD c Chief Deputy - Xc ? r ? Richard W Stewart co ?? Solicitor C`Fi:j E ,r THE S"ERIFF American Express Bank, FSB VS. Kathleen Dodge Case Number 2010-7166 SHERIFF'S RETURN OF SERVICE 11/16/2010 05:39 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2010 at 1739 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathleen Dodge, by making known unto Carissa Dodge, Daughter of defendant at 1305 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 November 17, 2010 RYAN BURGETT, SO ANSWERS, RON R ANDERSON, SHERIFF Iq CountySuite Sheriff. Teiecsoft. Inc. A. Our File No.: 255514 . 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 AMERICAN EXPRESS BANK, FSB Plaintiff vs. KATHLEEN DODGE Defendant PIm Ir? t ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7166 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, KATHLEEN DODGE, in the default of an Answer, in the amount of $16,526.43 computed as follows: Amount claimed in complaint: $ 16,526.43 Less: Amount Paid: ( 0.00) Plus: Interest from October 28, 2010 to February 9, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 16,526.43 I certify that Defendant, KATHLEEN DODG , la known address is 1305 BRANDT AVE NEW CUMBERLAND, PA 17070. David J. Apothaker, Esq. Attorney for Plaintiff Dated: February 9, 2011 A1471' X33 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KATHLEEN DODGE 1305 BRANDT AVE NEW CUMBERLAND, PA 17070 AMERICAN EXPRESS BANK, FSB Plaintiff VS. KATHLEEN DODGE Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7166 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, Esc. at this telephone number: 800-672-0215 Our File No.: 295514 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 AMERICAN EXPRESS BANK, FSB VS. Plaintiff KATHLEEN DODGE Defendant 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 unsworn falsification to authorities. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7166 David J. Apothaket Esq. Attorney for Plaintiff C.S.A. §4904, relating to Dated: February 9, 2011 Our File No.: 295514 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 AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. KATHLEEN DODGE NO.: 10-7166 Civil Action Defendant 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 1305 BRANDT AVE NEW CUMBERLAND, PA 17070. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, ' he Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defens M ower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in th mi tary. David J. Apoth r, 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. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-09-2011 11:14:42 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DODGE KATHLEEN Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 14. .0104,24, Amut I'm A?M_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defense link.mil " URL http://www.defenselink.mLILfgq4) If you have evidence the person is on active duty and you fail to obtain this additional Service verif cation, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/9/2011 Request for Military Status Page 2 of 2 More information. on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:4156NR4D9J https://www.dmdc.osd.mil/appj/scra/popreport.do 2/9/2011 295514 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) KATHLEEN DODGE ) NO. 10-7166 To: KATHLEEN DODGE 1305 BRANDT AVE NEW CUMBERLAND, PA 17070 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 Y5, DAVID J. AP THAKER, 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: December 08, 2010