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13-CV-23-106
Filed in District Court
State of Minnesota
2/3/2023 2:58 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT
Capital One Bank (USA), N.A.,
Plaintiff,
vs. SUMMONS
Sandra E Stanford,
Defendant.
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANT:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The
Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away.
They are official papers that affect your rights. You must respond to this lawsuit even though it
may not yet be filed with the Court and there may be no Court file number on this Summons.
2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS.
You must give or mail to the person who signed this Summons a written response called an
Answer within 21 days of the date on which you received this Summons. You must send a copy
of your Answer to the person who signed this Summons located at Gurstel Law Firm, P.C., 6681
Country Club Drive, Golden Valley, MN 55427.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written
response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or
disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given
everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN
RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS
SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to
tell your side of the story, and the Court may decide against you and award the Plaintiff everything
asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you
do not need to respond. A Default Judgment can then be entered against you for the relief
requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you
do not have a lawyer, the Court Administrator may have information about places where you can
get legal assistance. Even if you cannot get legal help, you must still provide a written
Answer to protect your rights or you may lose the case.
13-CV-23-106
Filed in District Court
State of Minnesota
2/3/2023 2:58 PM
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be
ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota
General Rules of Practice. You must still send your written response to the Complaint even if you
expect to use alternative means of resolving this dispute.
GURSTEL LAW FIRM, P.C.
by
Amy M. Goltz (#336452) _____
Nikolas D. Schaal (#396690) _____
x
Kelly K. Heenan (#400103) _____
Jordan D. Lippert (#0402733) _____
Dustin C. Jones (#396544) _____
Christine A. Barry (#0401469) _____
Attorneys for Plaintiff
Our File: 636105 6681 Country Club Drive
Golden Valley, Minnesota 55427
Telephone: (866) 964-0232
Fax: (763) 267-6777
13-CV-23-106
Filed in District Court
State of Minnesota
2/3/2023 2:58 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT
Capital One Bank (USA), N.A.,
Plaintiff,
vs. COMPLAINT
Sandra E Stanford,
Defendant.
Plaintiff, as and for its cause of action against the above-named defendant herein states
and alleges as follows:
1. That defendant is resident of the State of Minnesota, County of Chisago.
2. Defendant, Sandra E Stanford, above named, is not now in the military service of the
United States pursuant to the Military Status Report, attached hereto, issued by the Department of
Defense Manpower Data Center. This statement is made in compliance with the Servicemembers
Civil Relief Act.
3. Plaintiff obtained Judgment against defendant in the amount of $3,143.75 on March 29,
2013, in Chisago County, with Court File Number 13-CV-13-428, a copy of which has been
attached hereto.
4. That $.00 in credits have been applied since Judgment was obtained.
5. That costs in the amount of $135.72 have been expended to facilitate collection on the
Judgment.
6. That Judgment is set to expire on March 29, 2023.
7. Plaintiff requests that the Judgment be renewed pursuant to Minnesota Statute 541.04.
13-CV-23-106
Filed in District Court
State of Minnesota
2/3/2023 2:58 PM
WHEREFORE, plaintiff demands renewal of the Judgment dated March 29, 2013 against
defendant as follows:
1. For the amount of $3,143.75.
2. For collection costs in the amount of $135.72.
3. Plaintiff specifically and expressly disclaims attorney fees;
4. Plaintiff requests 0% post-judgment interest; and
5. For plaintiff's costs and disbursements incurred herein
GURSTEL LAW FIRM, P.C.
by
Amy M. Goltz (#336452) _____
Nikolas D. Schaal (#396690) _____
Kelly K. Heenan (#400103) _____
x
Jordan D. Lippert (#0402733) _____
Dustin C. Jones (#396544) _____
Christine A. Barry (#0401469) _____
Attorneys for Plaintiff
6681 Country Club Drive
Golden Valley, Minnesota 55427
Telephone: 866-964-0232
ACKNOWLEDGMENT
Capital One Bank (USA), N.A. acknowledges that sanctions may be imposed should this pleading
be found in violation of Minnesota Statute § 549.211.
Capital One Bank (USA), N.A.
by
Amy M. Goltz (#336452) _____
Nikolas D. Schaal (#396690) _____
x
Kelly K. Heenan (#400103) _____
Jordan D. Lippert (#0402733) _____
Dustin C. Jones (#396544) _____
Christine A. Barry (#0401469) _____
Its Attorneys
13-CV-23-106
Filed in District Court
12/8/22, 5:25 PM https://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1616147694 State of Minnesota
2/3/2023 2:58 PM
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Register of Actions
Case No. 13-CV-13-428
Capital One Bank (USA), N.A. vs Sandra E Stanford § Case Type: Transcript Judgment
§ Date Filed: 05/24/2013
§ Location: Chisago
§
§
Related Case Information
Related Cases
13-CO-12-349 (Companion Case)
Party Information
Lead Attorneys
Defendant Stanford, Sandra E
North Branch, MN 55056-5828
Plaintiff Capital One Bank (USA), N.A. AMY LIPETZKY BLOWERS
Retained
763-267-6737(W)
Events & Orders of the Court
DISPOSITIONS
05/24/2013 Judgment
Monetary Award (Status: Active, Debtor: Sandra E Stanford, Entered: 03/29/2013, Docketed: 05/24/2013, 11:33 AM, Original Principal:
$3,143.75)
OTHER EVENTS AND HEARINGS
05/24/2013 Affidavit of Identification of Judgment Debtor
05/24/2013 Other Document
05/24/2013 Processed Judgment Entry and Docketing
05/24/2013 Notice of Entry and Docketing of Judgment
03/09/2017 Affidavit of Increased Costs Index # 1
05/15/2019 Affidavit of Increased Costs Index # 2
Financial Information
Plaintiff Capital One Bank (USA), N.A.
Total Financial Assessment 40.00
Total Payments and Credits 40.00
Balance Due as of 12/08/2022 0.00
05/24/2013 Transaction Assessment 40.00
05/24/2013 Mail Payment Receipt # 0013-2013-02634 BLOWERS, AMY LIPETZKY (40.00)
https://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1616147694 1/1
13-CV-23-106
Filed in District Court
State of Minnesota
RGSU"SaS°f:
Department of Defense Manpower Data Center
"66-09-202207i53228AM
2/3/2023 2:58 PM
SCRA 5.15
Status Repm't
Pursuant tn Eminemembers Civil Relief Act
SSN=
Birth Date:
Last Name: STAN FORD
First Name: SANDRA
Middle Name: E
Status As Of: Dec-092022
Certificate ID:
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA ND 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 Stan Date Order Notification End Date Status Service Component
NA NA NO NA
This response reflects whether the individual or his/her unit has received eariy 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, NOAA, 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.
Michael V. Sorrento, Director
Department of Defense Manpower Data Center
-
400 Gigling Rd.
Seaside, CA 93955
Fi|e#: 636105
13-CV-23-106
Filed in District Court
State of Minnesota
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
2/3/2023 2:58 PM
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. § 3901 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. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. 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. § 3921(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 (NOAA 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 1O 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.