HomeMy WebLinkAbout12-0272SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson :t
i , L. .
Sheriff ¢, y
Jody S Smith
y
Chief Deputy e012 FEB -6 AM 9* 1
Richard W Stewart Rj { iw 1 GU UD A '
Solicitor pENmSY1-VAN1/'
Discover Bank
Case Number
vs.
John K. Dolan 2012-272
SHERIFF'S RETURN OF SERVICE
02/01/2012 01:14 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
February 1, 2012 at 1314 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: John K. Dolan, by making known unto Pearl Deraclea, Mother in Law of
Defendant at 4825 Creekview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its
contents and at the same time handing to her personally the said true and correct copy of the same.
STEPHEN ENDER, DEPUTY
SHERIFF COST: $38.00
February 02, 2012
SO ANSWERS,
RONINN R ANDERSON, SHERIFF
(Ci CountvSuite Sheriff. Te;oosotl. b<c.
f
' Our file No.: 333400 - r;?
Apothaker & Associates, P.C
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
DISCOVER BANK
Plaintiff,
vs.
JOHN K DOLAN
Defendant.
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?=i .'`PP 30 PN 3: ?
PPt°=S Y?-?AP1P'f'
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 2012-272
Civil Action
STIPULATION IN LIEU OF JUDGMENT
The matters and things in controversy having been discussed by and between the parties,
and a settlement having been agreed upon:
It is on March 06, 2012, STIPULATED by and between DISCOVER BANK ("Plaintiff')
and JOHN K DOLAN ("Defendant"), as follows:
1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of
$12,655.92, plus court costs in the amount of $141.75, for a total of $12,797.67.
2. Defendant agrees to pay to Plaintiff the sum of $12,655.92, plus court costs in the amount
of $141.75, for a total of $12,797.67; which sum Plaintiff agrees to accept in full
settlement of its claim herein.
3. As of this date, payments totaling $100.00 have been applied to the aforementioned sum.
4. Defendant shall remit payment(s) in the following manner:
a. $356.00 to be paid on or before the 29th day of each month, beginning
March 29, 2012 until paid in full.
5. All checks shall be made payable to "DISCOVER BANK", and sent to the office of
Plaintiffs attorney, Apothaker & Associates, P.C., located at the following address:
Apothaker & Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NJ 08054
1
In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and
the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of
Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one
(1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application,
with supporting certification, and with notice to Defendant in the form of a copy of the
application addressed to Defendant by first-class, postage prepaid.
We hereby consent to the form and entry of the within Stipulation.
By:
J.
ttom # 307949
r & Associates, P.C.
Attorneys for Plaintiff
By: ,.
JO K DOLA
Defendant
2
Our File No.: 333400 trr Tp;•f p0 fi /L�.
APOTHAKER& ASSOCIATES, P.C.
By: David J. Apothaker 2013 SrP 17 �� j:
Attorney I.D.# 38423 ��� �� ��
520 Fellowship Road C306 PENNSYL A OU rY
Mount Laurel,NJ 08054
(800) 672-0215
Attorney for Plaintiff
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
vs. ) NO.: 2012-272
JOHN K DOLAN ) Civil Action
Defendant )
PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION
TO THE PROTHONOTARY:
Please enter a judgment in favor of plaintiff, DISCOVER BANK, and against Defendant,
JOHN K DOLAN, for failure to comply with the terms and conditions of the Stipulation in Lieu
of Judgment (Stipulation), filed with this Court on April 30, 2012, a copy of which is attached
hereto as Exhibit "A".
Assess damages in the amount of:
Balance: $ 12,797.67
Less: Payments: ( 4,372.00)
Plus: Interest from April 30, 2012 .00
TOTAL L$ 8,425.67
David J. Apothaker, Esq.
Attorney for Plaintiff
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AaLIW
Our File No.: 333400
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
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
VS. ) NO.: 2012-272
JOHN K DOLAN ) Civil Action
Defendant )
David J. Apothaker, Esquire, certifies as follows:
1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys
for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of
the facts herein.
2. The matter was settled by and between the parties by Stipulation in Lieu of
Judgment (Stipulation), on April 30, 2012, a copy of the Stipulation is attached hereto and
marked as Exhibit"A".
3. Defendant breached this agreement by failing to make payments in accordance
with the terms of said Stipulation.
4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of
Judgment in the amount of$12,797.67, giving the Defendant credit for payments made totaling
$4,372.00, for a total of$8,425.67.
I verify that the statements made in this Certific ' n are true and correct. I understand
that false statements herein are made subject to the enalti s of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
David J. aker, Esq.
Attorney for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: JOHN K DOLAN
4825 CREEKVIEW RD
MECHANICSBURG, PA 17050-2113
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
VS. ) NO.: 2012-272
JOHN K DOLAN ) Civil Action
Defendant )
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.
JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS
AND CONDITIONS OF THE STIPULATION IN LIEU OF
JUDGMENT
[] JUDGMENT BY DEFAULT
❑ JUDGMENT IN REPLEVIN
[] JUDGMENT BY CONFESSION
❑ JUDGMENT FOR POSSESSION
❑ JUDGMENT ON AWARD OF ARBITRATORS
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,PLEASE CALL:
ATTORNEY David J. Apothaker,Esq. at this telephone number: 215-634-8920
11.3
Our File No.: 333400
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
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
VS. ) NO.: 2012-272
JOHN K DOLAN ) 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 4825
CREEKVIEW RD MECHANICSBURG, PA 17050-2113.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 22209-2 if the Defendant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the De ense anpower Data Center has sent back
our inquiry indicated that the Defendant(s) is/are not n the ilitary.
David J. Apothaker, 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.
Department of Defense Manpower Data Center Results as of:Aug-09-201306:00:40
SCRA 3.0
i tRws Report
Pursuant to Servicememben Civil Relief Act.
Last Name: DOLAN
First Name: JOHN
Middle Name: K
Active Duty Status As Of: Aug-09-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA - No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
9
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,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
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(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(NOAH Commissioned Corps).
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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: G43FHEDOF083840
Our file No.: 3')3)400
Apothaker&Associates, P.C. `` y-. i `=
520 Fellowship road C306 4r, ..
Mount Laurel NJ 08054 ' '-�(tc 1`
,� ,C) •J
(800)672-0215 vA t �
Attorneys for Plaintiff - r
gar �e>ay MP BM Ib ��
j COURT OP C 1I ON PLEAS
DISCOVER BANK } CUMBERLAND COUNTY
Plaintiff, ) DOCKET NO.: 2012-272
vs. }
JOAN K DOLAN ) Civil Action
)
} STIPULATION IN LIEU OF JUDGMENT
Defendant. }
The matters and things in controversy having been discussed by and between the parties,
and a settlement having been agreed upon:
It is on March. 06, 2012, STIPULATED by and between DISCOVER BANK("Plaintiff")
and JOHN K DOLAN("Defendant'), as follows:
1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of
$12,655.92,plus court costs in the amount of$141.75, for a total of$12,797.67.
2. Defendant agrees to pay to Plaintiff the sum of$12,655.92,plus court costs in the amount
of $141.75, for a total of $12,797.67; which sung Plaintiff agrees to accept in full
settlement of its claim herein.
3. As of this date,payments totaling$1.00.00 have been applied to the aforementioned sum.
4. Defendant shall.remit payment(s)in the following manner:
a. $356.00 to be paid on or before the 29`x'day of each month,beginning
March 29, 2012 until paid in full.
5. All checks shall be made payable to "DISCOVER BANK", and sent to the office of
Plaintiff s attorney,Apothaker& Associates,P.C., located at the following address:
Apothaker&Associates, P.C.
520 Fellowship Road C306
Mount Laurel, NT 08054
I
In the event Defendant fails to pay in accordance with the terrns set forth in this Stipulation and
the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of
Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one
(1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application.,
with supporting certification, and with notice to Defendant in the form. of a copy of the
application addressed to Defendant by:first-class,.postage prepaid.
We hereby consent to the forrn and entry of the within Stipulation.
By:
squire
0'
BenjI bminJ. Ca aro, squire
j r
ttorrie #307949
P Associates,t ,
s.P.G.Apot r a Associates,P
Attorneys for Plaintiff
B
Jo DOCAM�-
Defendant
2
0
Our File No.: 333400
DISCOVER BANK _
IN THE COURT OF COMMON PLEAS OF
fl 2 28
Plaintiff i Ur16 P rl 4: CUMBERLAND COUNTY,
PENNSYLVANIA
D2
_r L D COUNITY
vs. P y I A
JOHN K DOLAN NO.: 2012-272
Defendant'-)
Ll yam ,-dlPRAECIPE FOR WRIT OF EXECUTION
"70 :5
To the Prothonotary:
Issue a Writ of Execution in the above matter,
(1) directed to the Sheriff of CUMBERLAND County;
(2) against JOHN K DOLAN, defendant(s); and
(3) against CENTRIC BANK 1625 MARKET ST CAMP HILL, PA 17011, Garnishee(s);
(4) and index this writ in the judgment index
(a) against JOHN K DOLAN, defendant(s), and
(b) against CENTRIC BANK 1625 MARKET ST CAMP HILL, PA 17011, as Garnishee(s), as a lis
pendens against the real property of the defendant(s)in the name of Garnishee(s) as follows:
Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage
firm accounts, stocks, cd's, insurance, safety deposit boxes, etc.
(5) Amount Due $8425.67
Interest from September 17, 2013 $410.45
Minus Payments made -$400.00
Plus Costs $195.50
Total $8631.62
9 a,
�. 60 David J. 4AKer, Esquire
t-03:? s Attorney for Plaintiff(s)
PA 014� I SLO -1
&C
(�)c. - I H Oq_7
24 3Q-1s r (f Of 1�50)ec
OF CU
a r THE COURT OF COMMON PLEAS
o z CUMBERLAND COUNTY PA
" DAVID D.BUELL,PROTHONOTARY
One Courthouse Square- Suite 100 - Carlisle, PA - 17013
r 7 5 0 (717)240-6195
www.ccpa.net
DISCOVER BANK
Vs. NO 12-272 Civil Term
CIVIL ACTION—LAW
JOHN K.DOLAN
WRIT OF EXECUTION
(Pa R.C.P.3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against JOHN K. DOLAN,4825 CREEKVIEW ROAD,
MECHANICSBURG,PA 17050 Defendant(s)
(1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein;
(2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of
CENTRIC BANK, 1625 MARKET STREET, CAMP HILL, PA 17011GARNISHEE(S), as garnishee, BANK
ATTACHMENT ONLY-ALL ASSETS AND ACCOUNTS,INCLUDING,BUT NOT LIMITED TO,BANK
ACCOUNTS, BROKERAGE FIRM ACCOUNTS, STOCKS, CD'S, INSURANCE, SAFETY DEPOSIT
BOXES,ETC.(Specifically describe property)and to notify the garnishee that
(a) an attachment has been issued;
(b) except as provided in paragraph(c), the garnishee is enjoined from paying any debt to or for the account of the
defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof;
(c) the attachment shall not include
(i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If
multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as
1
determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $8,qQ5. 0 Plaintiff Paid �,er�Sry oo
Interest FROM SEPTEMBER 17,2013 Law Library $.50 rn os
Attorney's Comm. % Due Prothonotary $2.25
Attorney Paid $187.25 Other ClBuell,�rothoVnot
Date: 10/16/2014
David
By:
Deputy
REQUESTING PARTY:
Name :DAVID J. APOTHAKER, ESQUIRE
Address:520 FELLOWSHIP ROAD,C306
MT. LAUREL,NJ 08054
Attorney for:PLAINTIFF
Telephone: 1-800-672-0215
Supreme Court ID No.
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles,school books, sewing machines,uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICE OF MS PA.F.RIFrs
F THE PRO ► l°NO i/ ,
yy
20140U 24 Ali 9: 52
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
vs.
John K. Dolan
Case Number
2012-272
SHERIFF'S RETURN OF SERVICE
10/21/2014 02:20 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control
of the within named garnishee, Centric Bank, 1625 Market Street, Camp Hill Borough, Camp Hill, PA
17011, Cumberland County, by handing to Barbara Sariano, Banker, personally three copies of
interrogatories together with three true and attested copies of the Writ of Execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on October 23, 2014 to Joh.ipporr. Dolan at 4825
Creekview Drive, Mechanicsburg, PA 17050-2113.
DEPU
October 23, 2014
(c) CountySuite Sheriff, Toleosoft, Inc.
SO ANSWERS,
RON —R ANDERSON, SHERIFF