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Home My WebLink About08-5608Our File No.: 178856 ApdrFIAKER & 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 PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. JEANNINE M SHUTT 820 LISBURN RD APT 306 CAMP HILL, PA 17011-7427 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 08 - -s-&08 C 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.: 178856 APOTRAKER & 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 PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. JEANNINE M SHUTT 820 LISBURN RD APT 306 CAMP HILL, PA 17011-7427 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ox- 560 p CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are JEANNINE M SHUTT, an adult individual residing at 820 LISBURN RD APT 306 CAMP HILL, PA 17011-7427. 3. Plaintiff, PALISADES ACQUISITION XVI, LLC, is the Assignee and Successor in Interest of Account #5458001212907772; and said account was issued to Defendant(s) by DIRECT MERCHANTS BANK, 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 $10,451.02. 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 $10,451.02 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & A OC TES, P.C. Attorney f r PI Ibt iff A Law Firm Engag in Colleciii6i BY: David J. Dated: 9/10/2008 Our File No.: 178856 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 made subject to the penalties of 18 Pa.C.S.A. 4904 understands that the statements therein are unworn falsification to authorities. David J. Azothaker, Esquire Attorney or Plaintiff DATE: 9/10/2008 PALISADES ACQUISITION XVI, LLC JEANNINE M SHUTT 820 LISBURN RD APT 306 CAMP HILL, PA 17011-7427 STATEMENT OF ACCOUNT Debtor's Name: JEANNINE M SHUTT Account Number: 5458001212907772 Original Creditor: DIRECT MERCHANTS BANK Balance Due: $10,451.02 Our File No.: 178856 EXHIBIT "A" n ? d N PALISADES ACQUISITION XVI,LLC Plaintiff VS. JEANNINE M. SHiTI'T, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY No: 08-5608 Civil Term :CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Jeannine M.Shutt, in the above captioned case. Respectfully submitted, Date: 1,5>16 Geoffrey Biringer, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Cy ^? '??.F `,. cza ?? S ? __ ?._" ?i ?' ? ?? Y w PALISADES ACQUISITION XVI,LLC Plaintiff VS. JEANNINE M. SHUTT, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY : No: 08-5608 Civil Term :CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Jeannine M. Shutt, by and through her 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 $10,451.02 plus interest, fees and costs. 2. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," Direct Merchant's Bank, 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. 10 1 9(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 for the purchase of products, goods, and services, no description of products, goods or services forming the basis for the Complaint 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. H. MOTION TO STRIKEIINSUFFICIENT 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). ?I WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. III. 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: 10161" k fr MIDPE 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 6th day of October, 2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J.Apothaker, Esquire 520 Fellowship Road, C306 Mt.Laurel, NJ 08054 MIDPENN LEGAL SERVICES By: eoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 _.r,j SHERIFF'S RETURN - REGULAR CASE NO: 2008-05608 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALISADES ACQUISITION IVI LLC VS SHUTT JEANNINE M MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SHUTT JEANNINE M was served upon the DEFENDANT , at 0019:21 HOURS, on the 23rd day of September, 2008 at 820 LISBURN RD APT 306 CAMP HILL, PA 17011-7427 JEANNINE SHUTT DEFENDANT by handing to 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 Service Affidavit Surcharge )40,10T 9r- 18.00 16.00 .00 10.00 .00 44.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/24/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff 0 f A. D. Our File No.: 178856 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fello)tship Road C306 Moufft Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff PALISADES ACQUISITION XVI, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. NO. 08-5608 JEANNINE M SHUTT Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection Scian, Esquire Dated: 11/24/2009 HE P71," ' !0VOTARY 2009 DEC -3 Prl 2: 0 1 -%