Loading...
HomeMy WebLinkAbout08-5605Our File No.: 180933 APOTHAKER & ASSOCIATES, P.C. IkY: 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. DAVID LEACH 527 WALNUT ST LEMOYNE, PA 17043 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Qg 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 s- a Our File No.: 180933 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 N UK i H STAR CAPITAL ACQUISITION ) LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) VS. ) DAVID LEACH ) 527 WALNUT ST ) LEMOYNE, PA 17043 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O $ . 54 e S e)u? -Fi...-- 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 DAVID LEACH, an adult individual residing at 527 WALNUT ST LEMOYNE, PA 17043. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #4071100015039195; 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 $2,946.10. 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. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,946.10 and requests this Court award Plaintiff and costs to the extent permitted by applicable law. APOTHAKER A Law Firm BY: CIATES, P David J. Apothaker, Esquire Dated: 9/10/2008 Our File No.: 180933 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 unde igned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating o worn falsification to authorities. David J. Apothaker, squire Attorney for Plaintiff DATE: 9/10/2008 NORTH STAR CAPITAL ACQUISITION LLC DAVID LEACH 527 WALNUT ST LEMOYNE, PA 17043 STATEMENT OF ACCOUNT Debtor's Name: DAVID LEACH Account Number: 4071100015039195 Original Creditor: WELLS FARGO Balance Due: $2,946.10 Our File No.: 180933 EXHIBIT "A" C f'icr r. o -? C=O m Q 't7 J fi Mc SHERIFF'S RETURN - REGULAR CASE NO: 2008-05605 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS LEACH DAVID GERALD N WORTHIINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEACH DAVID the DEFENDANT , at 0011:42 HOURS, on the 24th day of September, 2008 at 527 WALNUT ST LEMOYNE, PA 17043 by handing to DAVID LEACH DEFENDANT 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 44.00 Sworn and Subscibed to before me this day of , So Answers?:? R. Thomas Kline 09/25/2008 APOTHAKER & ASSOCIATES By: Deputy Sh iff A. D. NORTH STAR CAPITAL ACQUISITION LLC, ) Plaintiff ) VS. ) DAVIDLEACH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5605 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTIONS AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following preliminary objections to Plaintiff's Complaint: 1. MOTION TO STRIKE 1. Plaintiff's complaint does not properly identify the Plaintiff. 2. Plaintiff's complaint appears to be based upon a contract between Defendant and a third party which is not a party to this action. The complaint, however, fails to identify any such contract, fails to state whether the contract is in writing, and fails to attach a copy of any written contract. 3. Plaintiff's contract identifies Plaintiff as an "Assignee" but fails to attach or explain any documents or information regarding such assignment. 4. Plaintiff's complaint fails to identify how the alleged account came into being, what charges were made on such account, or any other basis for the dollar amount which Plaintiff seeks to recover from Defendant. 5. Plaintiff's complaint is insufficient in that it does not provide Defendant with enough information for Defendant to determine the nature of Plaintiffs claim or to prepare a reasonable or adequate defense to such claim. WHEREFORE, for the reasons set forth in the foregoing paragraphs, Defendant moves this Court to strike Plaintiff's complaint and enter judgment in favor of Defendant in this matter. cs?v I Samuel L. An es Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that on 16 O cT.Z> 3OZ 2008, I served a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 S 1 L. And` Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 G -ra n 46- Our File No.: 180933 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Rqad 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. DAVID LEACH 527 WALNUT ST LEMOYNE, PA 17043 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5605 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 4 Our File No.: 180933 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. DAVID LEACH 527 WALNUT ST LEMOYNE, PA 17043 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5605 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 DAVID LEACH, an adult individual residing at 527 WALNUT ST LEMOYNE, PA 17043. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of #4071100015039195; 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 $2,946.10. 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 $2,946.10 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 BY: Esquire Dated: 11/3/2008 Our File No.: 180933 w 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. / J Kimber clan, Esquire Attorney f Plaintiff DATE: 11/3/2008 W Our File No.: 180933 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 VS. DAVID LEACH Plaintiff, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5605 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 11/3/2008, I mailed a copy of the Amended Complaint by Regular mail to SAMUEL L ANDES, ESQUIRE PO BOX 168 LEMOYNE, PA 17043 Date: 11/3/2008 Kimbe . Scian, Esquire Attorney or Plaintiff Our File No.: 180933 K... y ? D ?y+? ^ w ?y { ' f33 --FTi Vr' lY L .f 1 /0" NORTH STAR CAPITAL ACQUISITION LLC, Plaintiff vs. DAVID LEACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5605 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTION AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Preliminary Objection tc Plaintiff's Arne,nded Cc,mplaint: 1. MOTION TO STRIKE 1. Plaintiff's Amended Complaint does not state whether or not Plaintiff's claim is based upon a writing. 2. The only information in Plaintiffs Amended Complaint about the basis of its claim against Defendant, and whether or not the claim is supported by any written document or not, appears in Paragraph 7 which reads as follows: 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. 3. Pa. R.C.P. 1019 (i) provides as follows: When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. 4. Plaintiff's Amended Complaint fails to comply with Pa. R.C.P. 1019 (1). 5. Without knowing the nature of the Plaintiffs claim against him, and the document, agreement, or other arrangement upon which the claim is based, Defendant cannot properly evaluate Plaintiff's claim or prepare a defense or a responsive pleading. WHEREFORE, Defendant moves this court to strike Plaintiffs Amended Complaint. C --- Sa0uel L. Andes Attorney for Defendant Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I-e r r CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Kimberly E. Scian, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel. NJ 08054 Date: 19 November 2008 jy? Amy M. arkins Secretary for Samuel L. Andes ?'` c=am r::7 "ltp C' .i? Our File No.: 180933 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attornev 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. 08-5605 DAVID LEACH Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Attorneys A Law Firm Engan APOTHAKER & fer, . By: David J. Dated: 9/8/2010 FZJ dti -G * 4 1 8 0 9 3 3 D I S N 1-