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HomeMy WebLinkAbout08-5321r ! Our File No.: 180935 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. HARRY WILLIAMS 760 STATE ST LEMOYNE, PA 17043-1536 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0$- 53021 Chit 1erPA 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 in f. Our File No.: 180935 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. HARRY WILLIAMS 760 STATE ST LEMOYNE, PA 17043-1536 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are HARRY WILLIAMS, an adult individual residing at 760 STATE ST LEMOYNE, PA 17043-1536. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #4071100015208618; and said account was issued to Defendant(s) by WELLS FARGO, 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 $1,965.51. 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". F *. 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 $1,965.51 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorn A Law Firm En a SOCIATES, P.C. Plai?fiff - in D ollectioi BY: David J. A*thaker, Esquire Dated: 8/28/2008 Our File No.: 180935 r VERIFICATION David J. Apothaker, Esquire 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 wpnsworn falsification to authorities. David J. A Maker, Esquire Attorney fbr Plaintiff DATE: 8/28/2008 0 '. NORTH STAR CAPITAL ACQUISITION LLC HARRY WILLIAMS 760 STATE ST LEMOYNE, PA 17043-1536 STATEMENT OF ACCOUNT Debtor's Name: HARRY WILLIAMS Account Number: 4071100015208618 Original Creditor: WELLS FARGO Balance Due: $1,965.51 Our File No.: 180935 EXHIBIT "A" z W 0 S ? d t, C-n :+ 7- SHERIFF'S RETURN - REGULAR CASE NO: 2008-05321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS WILLIAMS HARRY KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WILLIAMS HARRY was served upon DEFENDANT at 760 STATE ST the at 1414:00 HOURS, on the 16th day of September, 2008 LEMOYNE, PA 17043-1536 HARRY WILLIAMS 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 f c! a 268 ?,, So Answers: 18.00 r 15.00 . 00 10.00 R. Thomas Kline .00 43.00 09/17/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this day By: of A. D. NORTH STAR CAPITAL ACQUISITION, LLC Plaintiff VS. HARRY WILLIAMS, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY : No: 08-5321 Civil Term CIVIL ACTION - LAW Praecipe for Entry of Appearance Please enter my appearance on behalf of the Defendant above. Geoffrey M. Biringer MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 r-Z rn NORTH STAR CAPITAL ACQUISITION, : IN THE COURT OF COMMON LLC Plaintiff :PLEAS, CUMBERLAND COUNTY vs. : No: 08-5321 Civil Term :CIVIL ACTION - LAW HARRY WILLIAMS, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Harry Williams, by and through his attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed a Complaint demanding damages in the amount of $1,965.51 plus interest, fees and costs. 2. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," Wells Fargo, to itself, which would form the very core of Plaintiff's standing to pursue this claim, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No.1019(h) and (i). 3. Plaintiff has also failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form the core of Plaintiff's case, such writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No.1019(h) and (i) and No. 1028(a)(2) 4. Although Plaintiff avers that Defendant used the account forming the basis for the Complaint, no statements were attached to the Complaint. 5. In addition, while Plaintiff claims in Paragraph 5 that Defendant has a balance due on the account, Plaintiff fails to attach any documentation of charges or payments which would evidence such a balance. WHEREFORE, Defendant Davis demands the Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. II. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 6. Paragraph's 1-5 are incorporated herein by reference hereto. 7. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 8. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 9. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure, Pa.R.C.P.No.1028(a)(3) and (4). WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. M. IMPROPER VERIFICATION 10. Paragraphs 1-9 are incorporated herein by reference hereto. 11. The verification is signed by the attorney for the Plaintiff, but fails to set forth the source of the information or a reason why the verification is not made by the party. WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. Date: to/.Z/ /-0 b MIDPENN LEGAL SERVICES By. Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint on this 21th day of October, 2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David Apothaker, Esquire 520 Fellowship Road, C306 Mount Laurel, NJ 08054 MIDPENN LEGAL SERVICES By: _ A`tet`offmreeyY M. Biringer for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 k., _0 r-T7 ON, .? Our File No.: 180935 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. HARRY WILLIAMS 760 STATE ST LEMOYNE, PA 17043-1536 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5321 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 Our File No.: 180935 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-02f5 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. HARRY WILLIAMS 760 STATE ST LEMOYNE, PA 17043-1536 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5321 AMENDED COMPLAINT FIRST COUNT 1. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is a company with its principal place of business located at 220 John Glen Drive, Suite 1, Amherst, New York 14228. 2. Defendant(s) is/are HARRY WILLIAMS, an adult individual residing at 760 STATE ST LEMOYNE, PA 17043-1536. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of #4071100015208618; and said account was issued to Defendant(s) by WELLS FARGO, the Original creditor. 4. Defendant(s) received, accepted, and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $1,965.51. 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account. 7. At present, additional documents evidencing Defendant's indebtedness are not accessible. Per Pa. R.C.P. 1019 (i), Plaintiff is retrieving all documents and will provide same. Although demand has been made, Defendant 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 $1,965.51 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collectioi r ?Y _ ti -? Scian, Esquire Dated: 11/12/2008 Our File No.: 180935 VERIFICATION Kimberly F. Scian, Esquire 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 unworn falsification to authorities. Kimb F Scian, Esquire Attorney Plaintiff DATE: 11/12/2008 Our File No.: 180935 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-02 1 5 Attorneys for Plaintiff NORTH STAR CAPITAL ) ACQUISITION LLC ) Plaintiff, ) vs. ) HARRY WILLIAMS ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5321 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 11/12/2008, I mailed a copy of the Amended Complaint by Regular mail to GEOFFREY M WRINGER, ESQUIRE 401 E LOUTHER ST, STE 103 CARLISLE, PA 17013 Date: 11/12/2008 Scian, Esquire Plaintiff Our File No.: 180935 c:a ?F r? ..?.. t ?} r R7 N NORTH STAR CAPITAL ACQUISITION, LLC Plaintiff vs. HARRY WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY : No: 08-5321 Civil Term :CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Harry Williams, by and through his attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Amended Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT Plaintiff filed an Amended Complaint demanding damages in the amount of $1,965.51 plus interest, fees and costs. 2. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," Wells Fargo, to itself, which would form the very core of Plaintiff's standing to pursue this claim, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No.1019(h) and (i). Plaintiff has also failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form the core of Plaintiff's case, such writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No.1019(h) and (i) and No. 1028(a)(2) 4. Although Plaintiff avers that Defendant used the account forming the basis for the Complaint, no statements were attached to the Complaint. In addition, while Plaintiff claims in Paragraph 5 that Defendant has a balance due on the account, Plaintiff fails to attach any documentation of charges or payments which would evidence such a balance. 6. Although Plaintiff alleges in Paragraph seven of its Amended Complaint that the documents to be attached are not currently accessible, Plaintiff fails to set forth the substance thereof as is required by Pa.R.C.P.No. 1019(1) WHEREFORE, Defendant Davis demands the Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. II. MOTION TO STRIKE/INSUFFICIENT SPECIFICITY OF PLEADING 7. Paragraph's 1-6 are incorporated herein by reference hereto. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 9. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 10. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure, Pa.R.C.P.No.1028(a)(3) and (4). WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. III. IMPROPER VERIFICATION 11. Paragraphs 1-10 are incorporated herein by reference hereto. 12. The verification is signed by the attorney for the Plaintiff, but fails to set forth the source of the information or a reason why the verification is not made by the party. WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. Date: MIDPENN LEGAL SERVICES {? 4 B Y: Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on this 3rd day of December, 2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Kimberly F. Scian, Esquire 520 Fellowship Road, C306 Mount Laurel, NJ 08054 MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 Our File No.: 180935 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. 08-5321 HARRY WILLIAMS Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & AS I ES, P.C. Attorneys f/i. lain ff A Law Firm Engage De t Collection By: o.? David J. Apothaker, Esquire Dated: 9/8/2010 - a -, C? ?7 L Ir i.L * Q 1 8 0 9 3 5 D I S N 1-