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Home My WebLink About08-1967Our File No.: 148697 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. DAVID V MCCALL 65 COURTYARD DR CARLISLE, PA 17013-4902 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. OS - IQ Uq Clvi -7rpM 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. 'BY: David J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION ) LLC ) c/o Apothaker & Associates, P.C. ) 2417 Welsh Road, Suite 21 #520 ) Philadelphia, PA 19114 ) Plaintiff, ) VS. ) DAVID V MCCALL ) 65 COURTYARD DR ) CARLISLE, PA 17013-4902 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is DAVID V MCCALL, an adult individual residing at 65 COURTYARD DR CARLISLE, PA 17013-4902. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $1,470.97. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is WELLS FARGO FINANCIAL. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,470.97 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER VAS IATES, P.C. Attornel tiff A Law Firm ng ebt Collection BY: David V. Dated: 3/14/2008 Our File No.: 148697 VERIFICATION David J. Aothaker, 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 falsification to authorities. subject to the penalties of 18 Pa.C.S.A. 4904 relating tci worn J. Apothaker v for Plaintiff DATE: 3/14/2008 NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 DAVID V MCCALL 65 COURTYARD DR CARLISLE, PA 17013-4902 STATEMENT OF ACCOUNT Debtor's Name: DAVID V MCCALL Account Number: 04042898 Original Creditor: WELLS FARGO FINANCIAL Balance Due: $1,470.97 Our File No.: 148697 EXHIBIT "A" W r; co b 25 F1, J FYI L04 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS MCCALL DAVID V GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCCALL DAVID V the DEFENDANT , at 2000:00 HOURS, on the 1st day of April , 2008 at 65 COURTYARD DRIVE CARLISLE, PA 17013 by handing to SHIRLEY MCCALL, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 1//0kloF 38 00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 04/02/2008 APOTHAKER & ASSOCIATES By. Deputy S itf of A. D. Our File No.: `148697 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 NUKI H STAR CAPITAL ACQUISITION LLC Plaintiff, vs. DAVID V MCCALL Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1967 Civil Action PRAECIl'E FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, DAVID V MCCALL, in the default of an Ans er, in the amount of $1,558.49 computed as follows: Amount claimed in complaint: $1,470.97 Amount Paid: - $(0.00) Interest from March 14, 2008 to 06/18/09 at the legal interest rate of 6.000 per annum $87.52 Costs $0.00 Attorney fees $0.00 TOTAL $1,558.49 I hereby certify that the appropriate Notices of Default, as attached have been maile in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, DAVID V MCCALL, last know address is 65 COURTYARD DR CARLISLE, PA 17013- 4902 APOTHAKER Attomi A Law Firm Eni By: David h POCIATES, P.C. Plaintiff in Debt Collectiot Dated: 6/18/2009 Our File No:: 148697 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 NORTH STAR CAPITAL ACQUISITION LLC Plaintiff, vs. DAVID V MCCALL Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1967 : SS. David J. Apothaker, being duly sworn according to law, deposes and says that I Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 65 CARLISLE, PA 17013-4902. 1 the attorney for URTYARD DR We inquired with the web site of the Defense Manpower Data Center, locat?d at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branc of the military. Mary M. Snavely-Dixon, Director of the Defense NI'ar ower Data Center has sent indicated that the Defendant(s) is/are not in the military. David J. Akc Attorney for The above signed understands that the statements herein are made subject to the Section 4904 relating to unsworn falsification to authorities. back our inquiry es of 18 Pa. C.S. Department of Defense Manpower Data Center JUN-18-2009 10-54:28 NUitary Status Report Pursuant to the Senicemembers Ci%i Relief Act i ?. Last Firstly iddle Begin Date Active Doty Status Seri- celAgeaq. Lame WCALL I DAVID V Based on the information you have furnished, the DNIDC does not possess 7y information indicating that the in&x W is currently on actrs a slut Upon searching the information data banks of the :Department of Defense Manpower Data Center, based you prokided" the above is the current status of the indh tZal as to all branches of the N it y, )6t fit Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data. Center 1600 Wilson Bh-d_ Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (MADC) is an organization of the Department of Defense that Enrollment and Eligibility Reporting System {DEERS} database which is the official source of data on care and other eligibd`ldt. systems. The Department of Defense strongly supports the enforcement of the Stnicemembers Cis Relief Act [50' et seq] (SCRA) (formerly the Soldiers` and Sags' Civil Relief Act of 1940)_ D_MDC, has issued hundreds not possess any irdormat on indicating that the n&id ual is currently on active duty" responses. and has exp, rate- In the event the individual referenced above, or any fanAy member, friend- or representative asserts individual is on active duty. or is otherwise entitled to the protections of the SCRA_ you a e strong1% encour verification of the person's active d iv status by contacting that persons INI ita} Senice ,ia the "defeuselinl below- If you hm,e evidence the person is on active-duty and you fad to obtain this additional'NIai'tar- Semi= pro--isions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN. improved accuracy of DOB, a middle your request again at this Web site and we will provide a new cerfficate for that query, This response reflects current active duty status only. For historical information, please contact the Nlilitary of-contact See. h r` u?,.iv.defensehnk.mil<fa ' 's C09SLDR.htm WARNIN=G; This certfieate was prodded based on a name and Social Security number (SS_N) provided Prosid3idig an erroneous name or SSA wI cause an erroneous certificate to be pro--idedl_ the inforrttation that the Defense for military medical ;CS Appx_ §§ 501 thousands of "does enced a small error iy manner that the ed to obtain further ail" URL proNided verification- you can submit SCRA points- the requester. Report DB0t'GJ_14K7J'XS.1 148697 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY NORTH STAR CAPITAL ACQUISITION LLC ) COURT OF COMMON' PLEAS CUMBERLAND COUNTY ) VS. DAVID V MCCALL ) NO. 08-1967 i To: DAVID V MCCALL 65 COURTYARD DR CARLISLE, PA 17013-4902 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAUL' Date of Notice: July 11, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORT 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 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 FE . CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 DAVVID,J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collectio 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 SHERIFF'S RETURN - REGULAR CASE NO:,2008-01957 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS MCCALL DAVID V GERALD WORTHINGTON Sheriff or Deputy Sheriff c Cumberland County,Pennsylvania, who being duly sworn accord says, the within COMPLAINT & NOTICE was served upon MCCALL DAVID V DEFENDANT at 2000:00 HOURS, on the ist day of April at 65 COURTYARD DRIVE CARLISLE, PA 17013 by handing to SHIRLEY MCCALL, WIFE a true and attested copy of COMPLAINT & NOTICE tooet and at the same time directing Her attention to the contents to law, the , 2008 . with thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.00 04/02/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: 1 n before Rte this day Deputy S iff of A. D. ?/ rya ?'?1? 13 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DAVID V MCCALL 65 COURTYARD DR CARLISLE, PA 17013-4902 NORTH STAR CAPITAL ACQUISITION LLC Plaintiff, vs. DAVID V MCCALL Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1967 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that 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: 215-634-8920 l?las/?9