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Home My WebLink About08-5609Our File No.: 178905 ,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 PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, Vs. HELEN R RUDISILL 721 TOWER RD ENOLA, PA 17025-1337 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY nu ; Cc-? 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.: 178905 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 PALISADES ACQUISITION XVI, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. HELEN R RUDISILL 721 TOWER RD ENOLA, PA 17025-1337 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 0 9, n Coq ?Q -F?w- 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 HELEN R RUDISILL, an adult individual residing at 721 TOWER RD ENOLA, PA 17025-1337. 3. Plaintiff, PALISADES ACQUISITION XVI, LLC, is the Assignee and Successor in Interest of Account #6011002020219739; and said account was issued to Defendant(s) by DISCOVER, 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 $7,557.84. 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 $7,557.84 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for A Law Firm Engaged BY: David J. Apothalo, Esquire Dated: 9/10/2008 Our File No.: 178905 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 relatjAg to/f nsworn falsification to authorities. David J. A&Kaker, Esquire Attorney r Plaintiff DATE: 9/10/2008 PALISADES ACQUISITION XVI, LLC HELEN R RUDISILL 721 TOWER RD ENOLA, PA 17025-1337 STATEMENT OF ACCOUNT Debtor's Name: HELEN R RUDISILL Account Number: 6011002020219739 Original Creditor: DISCOVER Balance Due: $7,557.84 Our File No.: 178905 EXHIBIT "A" n Q (n -v rn V f y` 1? Co uca SHERIFF'S RETURN - REGULAR CASE NO: 2008-05609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALISADES ACQUISITION XVI LLC VS RUDISILL HELEN R WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE RUDISILL HELEN R was served upon the DEFENDANT at 721 TOWER RD at 1919:00 HOURS, on the 24th day of September, 2008 ENOLA, PA 17025-1337 DENA TRONE, DAUGHTER 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 f0imin 18.00 15.00 .00 10.00 .00 43.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/25/2008 APOTHAKER & ASSOCIATES By. ,?? Deputy Sheriff of , A. D. PALISADES ACQUISITION XVI,LLC Plaintiff vs. HELEN R. RUDISILL, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY No: 08-5609 Civil Term :CIVIL ACTION - LAW Praecipe for Entry of Appearance Please enter my appearance on behalf of the Defendant above. Geoffrey M. Biringer r? MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 { ;rr C PALISADES ACQUISITION XVI,LLC Plaintiff VS. HELEN R. RUDISILL, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY : No: 08-5609 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, Helen R. Rudisill, 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 Plaintiff filed a Complaint demanding damages in the amount of $7,5567.84 plus interest, fees and costs. 2. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," Discover, 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 19(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 I 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. 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. 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. 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: 161 MIDPENN LEGAL SERVICES By: 247 7 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 23rd 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: loz???A -4 , Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court 1D# 18040 ? ? ? =s't C?_ ??-d . , - ?, ?*: ` ? ?q?t ? ? 4 AL Our File No.: 178905 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 PALISADES ACQUISITION XVI, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. HELEN R RUDISILL Defendant. NO. 08-5609 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attornfor Plaintiff A Law Firm E ka ed in Debt Collection By: David J. Ap-othaker, Esquire Dated: December 11, 2008 t?µ, r-.,a _; ?,cs 'x'i __. c...,, :? °? --r s f`?7 .=t „?W t_? :..r C