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Home My WebLink About08-4001l Our File No.: 170008 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. ALFRED CUNEO 201 FAITH CIR CARLISLE, PA 17013-8838 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A 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. ALFRED CUNEO 201 FAITH CIR CARLISLE, PA 17013-8838 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY ? ?--- NO.: 0y- your 4 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are ALFRED CUNEO, an adult individual residing at 201 FAITH CIR CARLISLE, PA 17013-8838. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #70707092351753; and said account was issued to Defendant(s) by SHELL, the Original creditor. 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 $1,718.06. 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. M WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,718.06 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ISOCIATES, P.C. Attorne fo Plaintiff A Law Finn En a in Debt Collection BY: David r: Dated: 6/26/2008 Our File No.: 170008 i VERIFICATION David J. Anothaker, Esc hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to )$sworn falsification to authorities. David J. Attorney DATE: 6/26/2008 NORTH STAR CAPITAL ACQUISITION LLC ALFRED CUNEO 201 FAITH CIR CARLISLE, PA 17013-8838 STATEMENT OF ACCOUNT Debtor's Name: ALFRED CUNEO Account Number: 70707092351753 Original Creditor: SHELL Balance Due: $1,718.06 Our File No.: 170008 EXHIBIT "A" 0 O n CIO 0 - 4 W SHERIFF'S RETURN - REGULAR CASE NO: 2008-04001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS CUNEO ALFRED TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CUNEO ALFRED the DEFENDANT , at 2119:00 HOURS, on the 8th day of July 2008 at 201 FAITH CIRCLE CARLISLE, PA 17013-8838 ALFRED CUNEO by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 711q,p 0? 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: f , ?4e? R. Thomas Kline 07/09/2008 APOTHAKER & ASSOCIATES By: , zt??T Depu y he iff 7 of A. D. NORTH STAR CAPITAL ACQUISITION LLC Plaintiff V. ALFRED CUNEO Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 4001 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW this 28th day of July, 2008, comes the Defendant, ALFRED CUNEO, by and through his attorneys, Irwin & McKnight, and respectfully files this Answer to the Plaintiffs Complaint, and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Plaintiffs Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are specifically denied and strict proof thereof is demanded at trial. 4. The averments of fact contained in paragraph four (4) are specifically denied and strict proof thereof is demanded at trial. 5. The averments of fact contained in paragraph five (5) are specifically denied and strict proof thereof is demanded at trial. 6. The averments of fact contained in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. 7. The averments of fact contained in paragraph seven (7) are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant Alfred Cuneo, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, North Star Capital Acquisition LLC, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT By: /' e*!Y Matthew A. cKnight, Esquire Supreme Court ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: July 28, 2008 Attorney for Defendant 2 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. FRED CUNEO Date: ?? CERTIFICATE OF SERVICE I, Matthew A. McKnight, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: David J. Apothaker, Esquire Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Attorney for Plaintiff Date: July 28, 2008 IRWIN & McKNIGHT By: Matthew A. McKnight, Esquire Supreme Court ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant r? ?..? ?? ?;:? _, ._- r? ? t:_ _: --;, ?'?= ? ri ?' ?,' .? Our File No.: 170008 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. NO. 08-4001 ALFRED CUNEO Defendant. PRAECIPE TO DISMISS WffHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys r laintiff A Law Firm Ena ed ' Debt Collection By: David J. Apo`llaker, Esquire Dated: 9/17/2008 L` L-V On cn