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Home My WebLink About08-6078+ Our File No.: 180878 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. NAJWA KASSEM 6352 MERCURY DR APT 39 MECHANICSBURG, PA 17050-5268 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: QB - (a01$ l' W it T rM 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 t Our File No.: 180878 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 F-- 4 b 7 e Lw-d -w^ NAJWA KASSEM 6352 MERCURY DR APT 39 MECHANICSBURG, PA 17050-5268 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT I . 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 NAJWA KASSEM, an adult individual residing at 6352 MERCURY DR APT 39 MECHANICSBURG, PA 17050-5268. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #4071100007177995; and said account was issued to Defendant(s) by WELLS FARGO FINANCIAL, 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 $2,933.96. 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". ti 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 $2,933.96 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law APOTHAKER & AtNSOCIATES, P.C. Attorney or laintii A Law Firm Ent ed ' Debt BY: Dated: 10/1/2008 David J. Apocer, Esquire Our File No.: 180878 I 4 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 Ap r, Esquire Atto v for Plaintiff DATE: 10/1/2008 NORTH STAR CAPITAL ACQUISITION LLC NAJWA KASSEM 6352 MERCURY DR APT 39 MECHANICSBURG, PA 17050-5268 STATEMENT OF ACCOUNT Debtor's Name: NAJWA KASSEM Account Number: 4071100007177995 Original Creditor: WELLS FARGO FINANCIAL Balance Due: $2,933.96 Our File No.: 180878 EXHIBIT "A" 4? o$ GO 00 00 a 3 N CD SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06078 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NORTH STAR CAPITAL ACQUISITION VS KASSEM NAJWA R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KASSEM NAJWA but was unable to locate Her in his bailiwick. He therefore returns the / e',T,KTIT T TTTT C TTrI/T T nV the within named DEFENDANT 6352 MERCURY DR APT 39 , KASSEM NAJWA NOT FOUND , as to MECHANICSBURB, PA 17050-5268 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 40.00 Not Found 5.00 Surcharge 10.00 00 II,ISfO? ?w 00 So answer,-..;--- _ R. Thomas Kline Sheriff of Cumberland County APOTHAKER & ASSOCIATES 11/12/2008 Sworn and Subscribed to before me this day of A. D. Our File No.: 180878 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC C/O David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6078 Civil Action vs. NAJWA KASSEM 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 Defendant. MOTION FOR ALTERNATIVE SERVICE Pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2), by and through its attorneys, requests that this Honorable Court grant an ORDER permitting service of the Complaint upon the Defendant(s) by posting the Complaint on the most public part of the property located at 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055, and by serving it by certified and regular mail at 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 and in support therefore, presents the attached Affidav, n APOTHAKER/& A?SOCIATF?, P.C. By: David J. Apothaker, Esquire Attorney for Plaintiff Dated: 2/17/2009 Our File No.: 180878 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC C/O David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6078 Civil Action vs. NAJWA KASSEM 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 Defendant. AFFIDAVIT OF SERVICE I, Natalie Friess, of full age, depose and say that I am a legal assistant at Apothaker & Associates, P.C., and that on this day I did mail to NAJWA KASSEM at 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 a copy of a Motion for Alternative Service, Affidavit in Support of Motion, Proposed Order and Affidavit of Service. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff By: Natalie Friess Dated: 2/17/2009 Our File No.: 180878 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC CIO David J. Apothaker, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6078 Civil Action vs. NAJWA KASSEM 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 Defendant. AFFIDAVIT I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby aver to the best of my knowledge, information and belief, the following: Plaintiff brings this action to collect monies due on a credit card account. 2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon Defendant at his/her residence at 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 because: • NO ANSWER Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County Sheriff's Return of Service. 3. I have made an investigation to determine the whereabouts of the defendant and confirm 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055 as Defendant's address. This investigation included the following: a. Inquiry of United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R. Part 265. Attached hereto as Exhibit "B" is a true and correct copy of the Request for Change of Address from the Postmaster confirming Defendant's address. 4. This investigation confirms that the address that the Sheriff of CUMBERLAND County attempted to serve the defendant at 6352 MERCURY DRIVE APT 39 MECHANICSBURG, PA 17055, the address er defendant is located. A By: & A?SOQMES, P.C. David J. Apothaker, Esquire Dated: February 17, 2009 SHERIFF'S RETURN ? - NOT FO,,IND 40CASE NO: 2008-06078 P COMMONTWEALTH OF PENNSYLV COUNTY OF CUMBERLAND PENNSYLVANIA ?11[jr L? y1ORT11 STAR CAPITAL ACQUISITION VS KASSEM NAuWA U _ R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a dii-.gent search and inquiry for the within named DEFENDANT KA_SSEM„NA?7WA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE - the within named DEFENDANT KASSEM NAJ'WA 6552 MERCURY DR APT 39 MECHA-NICSBURB PA 17050-5268 A-LTHOUGH NUMEROUS ATTEMPTS EM:. TS WERE MADE. WE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriffls Costs: Docketialg Service Not Found Surcharge NOT FOUND , as to UNABLE So answer 18.00 . - r....:. ;: 40.00-- 00 R R. Thomas Kline - 10.00 Sheriff of Cumberland County 73.00 APOTHAKER & ASSOCIATES 11/1.2/2008 Sworn and Subscribed to be-fore me this A.D. January 5, ?009 POSTMASTER MFCHANICSBURG, PA 17055 Request for Change of Address or Boxholder 3 = ' vI Information Needed for Service of Legal Process Please furnish the new address or the name and street address, if a boxholder, for the following: JAN 1 2 2009 ij Name: NAJWA KASSEM Address: 6352 MERCURY DRIVE; APT 39 MECH.ANICSBURG, PA 17055 By NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(dX6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (?) and corresponding Administrative Support Manual 352.44a and b. I . Capacity of requester (e.g., process server, attorney, party representing himself): attorney 1 Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting prase must cite statute): _-_..._w_.....___......_? ..? .... ,..____. 3. The names of all known parties to the litigation: NORTH STAR CAPITAL. ACQUISITION LLC v. NAJWA KASSEM 4. The court in which the case has been or will be heard: PROTHONOTARY 5. The docket or other identifying number if one has been issued: 08-6078 6, 1'he capacity in which this individual is to be served (e.g. defendant or witness): defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR "BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used stalely for service of legal process in connection with actual or prospective Iitigation. Signature DAVID J APOTHAKER, ESQ Our File No.: 180878 o change of address order on file. _..._Not known at address given. ___.__Moved, left no forwarding address. No such address. 520 Fellowship Road C306 Mount Laurel, NJ 08054 FOR POST OFFICE USE ONLY IF Pd BOX - PROVIDE STREET ADDRESS NEW ADDRESS or BOXHOL.DER`S POSTMARK NAME and STREET ADDRESS r.-, ? ? ,?? ?-? ,? ?:? ? ,?'? =? t"a ?? i -`-'? ? --_a -??? -.;. I ?._.. .. -, ??- f..;? ,; ytt-t^3 . ? G. ,w.fi 4 ;, -? '? Our File No.: 180878 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC Plaintiff, VS. NAJWA KASSEM Defendant. :THE F D;?qY 201QI?Y 18 PPS 2: 55 !DUNTY € ENitvs,,'y VAi110. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-6078 PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKER & WOCIATES, P.C. A Law Firm En2h2edhn De BY: Dated: 5/11/2010 David J. AKhaker, Esquire $10.00 j:?4 ,24v2a8l. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Q?rAtr cf ?e?6rtr$n i?,^ f Jody S Smith Chief Deputy 33 , Richard W Stewart Solicitor OFFICE Or THE S?EPiFF North Star Capital Acquisition IJ_C VS. Najwa Kassem Case Number 2008-6078 SHERIFF'S RETURN OF SERVICE 06/17/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on June 17, 2010 at 1618 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Najwa Kassem. Deputies confirmed a physical address for the defendant at 6352 Mercury Drive, Mechanicsburg, PA 17050. However after several attempts the Complaint and Notice has expired. SHERIFF COST: $64.44 June 17, 2010 SO ANSWERS, - `'2?1 RON R ANDERSON, SHERIFF {c, GountySUIte Sheriff, Teleosoff. Inc. 5 Our File No.: 180878 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 170 NORTH POINTE PKWY AMHERST. NY 14228 Plaintiff, vs. NAJWA KASSEM 6352 MERCURY DR MECHANICSBURG, PA 17050 Defendant. Civil Action MOTION FOR ALTERNATIVE SERVICE Pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2), Plaintiff, by and through its attorneys, requests that this Honorable Court grant an ORDER permitting service of the Complaint upon the Defendant(s) by posting the Complaint on the most public part of the property located at 6352 MERCURY DR MECHANICSBURG, PA 17050, and by serving it by certified and regular mail at 6352 MERCURY DR MECHANICSBURG, PA 17050 and in support therefore, presents the attached Affidavit. APOTHAKER Attorn A Law Firm Eni OCIATES, P.C. Collection By: David J. Aprnker, Esquire Attorney for Plaintiff R1ED-C PEN? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6078 Dated: 8/25/2010 Our File No.: 180878 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 438423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC 170 NORTH POINTE PKWY AMHERST. NY 14228 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6078 vs. NAJWA KASSEM 6352 MERCURY DR MECHANICSBURG, PA 17050 Defendant. AFFIDAVIT OF SERVICE Civil Action I, Natalie Friess, of full age, depose and say that I am a legal assistant at Apothaker & Associates, P.C., and that on this day I did mail to NAJWA KASSEM at 6352 MERCURY DR MECHANICSBURG, PA 17050 a. copy of a Motion for Alternative Service, Affidavit in Support of Motion, Proposed Order and Affidavit of Service. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection By: -_ Natalie Friess Dated: 8/25/2010 Our File No.: 180878 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 170 NORTH POINTE PKWY AMHERST, NY 14228 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-6078 Plaintiff, VS. NAJWA KASSEM 6352 MERCURY DR MECHANICSBURG, PA 17050 Defendant. AFFIDAVIT Civil Action I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby aver to the best of my knowledge, information and belief, the following: 1. Plaintiff brings this action to collect monies due on a credit card account. 2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon Defendant at his/her residence at 6352 MERCURY DR MECHANICSBURG, PA 17050 because: • NO ANSWER Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County Sheriff s Return of Service. 3. I have made an investigation to determine the whereabouts of the defendant and confirm 6352 MERCURY DR MECHANICSBURG, PA 17050 as Defendant's address. This investigation has been supplemented by employees trained to skip trace, the process of locating a person's whereabouts, from the time this account was opened through the present day. This investigation consists of, but is not limited to, the use of LexisNexis Accurint for Legal Professionals, Experian Credit Reporting Bureau, whitepages.com, whitepages.com/reverse-lookup, searchsystems.net, PA Recorder of Deeds County Remote Access sites, in addition to: a. Inquiry of United States Postal authorities pursuant to the Freedom of Information Act, 39 CF.R. Part 265. Attached hereto as Exhibit "B" is a true and correct copy of the Request for Change of Address from the Postmaster confirming Defendant's address. 4. This investigation confirms that the address that the Sheriff of CUMBERLAND County attempted to serve the defendant at 6352 MERCURY DR MECHANICSBURG, PA 17050, the address where defendant is located. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & AIATES, P.C. Attorney mtiff A Law :Firm Enga0d in ebt Collection By: David J. Apodbaker, Esquire Dated: August 25, 2010 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY North Star Capital Acquisition LLC vs. Najwa Kassem Case Number 2008-6078 SHERIFF'S RETURN OF SERVICE 061117/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 17, 2010 at 1618 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Najwa Kassem. Deputies confirmed a physical address for the defendant at 6352 Mercury Drive, Mechanicsburg, PA 17050. However after several attempts the Complaint and Notice has expired SHERIFF COST: S64.44 SO ANSWERS, June 17, 2010 RDNN, ' R ANDERSON, SHERIFF Our Fi'e No.: 1808 7 8 July 2, 2010 Request for Change of Address or Box Holder Information Needed for Service of Legal Process POSTMASTER MECI IANIC'SBI RCT_ PA 170-50 Please furnish the new address or the name and street address, if a box holder, for the follo,,ving: Name: NAJWA KASSEM Address: 63,2 MERCURY DR e4EC II.ANICSBURCi, PA 170: 0 NOTE: The name and last known address are rewired for change of address information. The name, if kno n and post office box address are required for box holder information. The follow in, information is provided in accordance with 39 CI=R 265.6(d)(6')(ii). '['here is no fe(,, for providing box holder information. The fee for providing change of address information is waived in accordance ?Nith 39 CFR_ 16s,60) (I) and {sl and con-esponding Administrative Support Manual 352.44a and b. I . Capacity of requester (c_g., process server, attorney, parry representing= himself): ATTORNEY vrr., se - 2. Statute or rer;ulation that empowers me to serve process (not required when requester is an attorne}° Or << par1v acting except a corporation acting pro se must cite statute): ?. The names of all known parties to the litigation: NORTH STAR CAPITAL ACQUISITION LLC e NAJkVA KA4SEM t. The court in which the case has been or will be heard: PROTHONOTARY >. The docket or other identif}'ina number if one has been issued: 08-6078 €I. The capacity in which this individual is to be served (e.Q. defendant or witness): DE'FE'NDANT WARNING THE SUBMISSION OF FALSE IN ORMATION `_O OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR. BOX] IOLDER INIORM.,,,TION FOR ANY PURPOSE OTHER THAN THE SERVICF OF I_E{YAL PROCESS IN CONNECHONN INITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDIN(I A FINE OF L!P TO .00 OR I.MPRISONMEN I OR (2) O AVOID PAYMLNI OF I HE FEE- FOR CHANGE OF ADDRESS INFORMATION OF S10,000 h1rlTAtf1RFTFthT?Tj1t'?I2C_(1R.tl?t II I'IILI I$1.Jti.C,SFt 1tf`t?'10011, I certify- that the above information is true and that the address information is needed and uvill be used solely for service cif leizal process in connection Nvith actual or prospective litigation. Sigmature DAVID J APOTHAKER. E.SQ 5,20 Fellowship Road 0206 Mount Laurel. NJ 48054 FOR POST OFFICE USE ONLY IF PO BOX - PROVIDE STREET ADDRESS ,r Na Chan`ue of Address Order on Fite NEW ADDRESS or BOXHOLDER'S POSTMARK ? Not Known at Address Gio CA NAME and S I REET ADDRLSS ? Moved Left no ForxvardinL, Address ? No Such Address r ~ . , it must be attached to the pleading. 5. The allegations set forth. in Plaintiff's Complaint assert that Defendant owes a sum specific of money to the Plaintiff, specifically $2,933.96. 6. Plaintiff does not attach "a true and correct copy of the total due and owing." 7. Plaintiff fails to attach the contract between the parties and is therefore in violation of the LAW OFFICES OF PETER J. RUSSO, P.C. ~ ' ~. ~~ ~" ~' ~ ~ ~:~ ATTORNEYS FOR DEFENDANT ~ - ~ T ~ ! `~ ~ ~ ~' ` ~' ~ `~ ~ ~ ~` ~' ~'~ 5006 EAST TRINDLE ROAD, SUITE 100 2~ ~ ~ ~~, e _ ~ i'i'i ~; MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE ?^l~~ =~rti~ F~.~°x~ ~~(.;~~~-! ``a' (717)591-1756-FAX ^~;~~.~"a!.''~~'1"~, NORTH STAR CAPITAL ACQUISITION LLC Plaintiff v. NAJWA KASSEM Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 08-6078 CIVIL TERM NOTICE TO PLEAD TO: NORTH STAR CAPITAL ACQUISITION, LLC c/o DAVID J. APOTHAKER, ESQUIRE You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfull ES OF P ~ R J. RUSSO, P.C. PeterTRusso, Esquire Attorney ID No. 72897 T.'1:...._L._aL T O.__.1~_ D.. ~_.: t , LAW OFFICES OF PETER J. RUSSO P.C. 4 ~ ~. ~ ~ ` `~ ~ i° ~ ATTORNEYS FOR DEFENDANT ~ ~- ~ ~ ~ ~- j ~ ~-` ~ ~ ~ ~-'' ~ `~ ~ "~ ~°~' 5006 EAST TRINDLE ROAD, SUITE 100 _ MECHANICSBURG, PA 17050 ~~ ~ ~ ~~' 4 ~ ~` ~ ~' ~ ~ (717) 591-1755 -PHONE ~t~~~~~i;`~~~ztl ~~°: j `' (717) 591-1756 -FAX ~ ~_ ' F ~", ~r ~ ` ;~'~ C E j ~, NORTH STAR CAPITAL ACQUISITION LLC : COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff . DOCKET NO. 08-6078 v. NAJWA KASSEM Defendant CIVIL TERM NOTICE TO PLEAD TO: NORTH STAR CAPITAL ACQUISITION, LLC c/o DAVID J. APOTHAKER, ESQUIRE You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfull ~ CAW Q'Ii~ES OF PFT~R J. RUSSO, P.C. Peter 7: Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: i0-1-1 Q f , LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX NORTH STAR CAPITAL ACQUISITION LLC Plaintiff v. NAJWA KASSEM Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0.08-6078 CIVIL TERM PRELIMINARY OB.TECTIONS OF DEFENDANT NAJWA KASSEM AND NOW, COME Defendant, Najwa Kassem by and through her attorneys, Law Offices of Peter J. Russo, P.C., and file the within Preliminary Objections to Plaintiff's Complaint, and in support thereof, avers as follows: 1. On or about October 9, 2008, Plaintiff commenced an action against Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiff's Complaint purports to set forth a single cause of action against Defendant sounding in breach of contract. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT and INSUFFICIENT SPECIFICITY IN A PLEADING PA.R.C.P.1028. PA. R.C.P. 1019 and PA. R.C.P. 1024 3. Paragraphs 1- 2 are incorporated herein by reference as if fully set forth at length. 4. Rule 1019 (h) and Rule 1019 (i) of Pennsylvania Rules of Civil Procedure requires that when any claim or defense is based upon an agreement and if the agreement is in writing, r ; it must be attached to the pleading. 5. The allegations set forth. in Plaintiff's Complaint assert that Defendant owes a sum specific of money to the Plaintiff, specifically $2,933.96. 6. Plaintiff does not attach "a true and correct copy of the total due and owing." 7. Plaintiff fails to attach the contract between the parties and is therefore in violation of the Rules of Civil Procedure. 8. In a credit card suit, a creditor must "attach the writings which assertedly establish [the creditor's] right to a judgment." Atlantic Credit and. Finance. Inc. v. Giuliani, 2003 PA Super 259, 829 A.2d 340, 345 (2003). 9. The Plaintiff has failed to "attach the writings which assertedly establish [the creditor's] right to a judgment." 10. Rule 1019 of the Pennsylvania Rules of Civil Procedure requires that a plaintiff shall (1) set forth the material facts upon which a cause of action is based and (2) attach the writings when a claim is based on a writing. 11. Whenever a claim involves one period of time in which the initial terms and conditions of the credit card agreement apply and other periods of time in which amended terms and conditions apply, the plaintiff must attach to the complaint both the original and amended terms and conditions with the dates on which they are applicable. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 12. A complaint in which a plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount sufficient documentation to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and r ~ the allegations in the complaint. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 13. Plaintiffs Complaint is insufficiently specific because it does not meet the requirements of Pa. R.C.P. 1019(a) and (f). 14. Plaintiff avers that Defendants owes $2,933.96 for charges made under a credit agreement with a credit card yet does not attach anything showing such information. 15. Pa.R.C.P. 1019(fj states that "[a]verments of time, place and items of special damage shall be specifically stated." 16. Plaintiff has failed to comply with Pa.R.C.P. 1019(f). 17. Defendants believe therefore aver that the obligation Plaintiff seeks to collection has been assigned from the original creditor and Plaintiff has not attached an a true and correct copy of said assignment. 18. Plaintiff failed to state specifically whether said alleged assignment was oral or written, in violation of Pennsylvania Rule of Civil Procedure 1019(h). 19. Plaintiff failed to attach the alleged assignment as to the Defendant's account to the complaint, in violation of Pennsylvania Rule of Civil Procedure 1019(1). 20. Demurrer is appropriate because Plaintiff is not a real party in interest in this matter, it lacks capacity to sue, pursuant to Pennsylvania Rule of Civil Procedure 2002(a), which requires that all actions shall be prosecuted by and in the name of the real party in mterest. 21. Defendants believe therefore aver that the obligation Plaintiff seeks to collection has been assigned from the original creditor and Plaintiff has not attached an a true and correct copy of said assignment. t e 22. Plaintiff failed to state specifically whether said alleged assignment was oral or written, in violation of Pennsylvania Rule of Civil Procedure 1019(h). 23. Plaintiff failed to attach the alleged assignment to the complaint, in violation of Pennsylvania Rule of Civil Procedure 1019(1). 24. Demurrer is appropriate because Plaintiff is not a real party in interest in this matter, it lacks capacity to sue, pursuant to Pennsylvania Rule of Civil Procedure 2002(a), which requires that all actions shall be prosecuted by and in the name of the real .party in interest. 25. The complaint alleged that Defendant received, accepted, and used an account to the benefit and the account is in default and has an unpaid balance of $2,933.96; however, the complaint failed to state any claim upon which relief can be granted. Pa. R.C.P. No. 1024 requires that every Complaint be verified by a party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. No. 1024(c)(1)and(2). 26. The Amended Complaint, like the original, is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 27. The Verification does not state that the party was unable to sign it "within the time allowed for pleading," nor the reason why the Verification is not made by a party, as required by Pa. R.C.P. No. 1024(c). ( s t ~ WHEREFORE, Defendants respectfully request that this Honorable Court SUSTAIN the Preliminary Objection and strike Plaintiff's Complaint. Respectfully submitted, OF ~ R J. RUSSO, P.C. Peter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: ~ U ~ `1 ~ h M ~ , ~ M LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA. 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX NORTH STAR CAPITAL ACQUISITION LLC Plaintiff v. NAJWA KASSEM Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0.08-6078 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiff's Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley R. M colm, Paralegal Date: ~(~ ~ ~-` ~.~ Our File No.: 180878 APOTH~KER & ASSOCIATES, P.C. BYa 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 Plaintiff, vs. NAJWA KASSEM Defendant. F1l.Ep-OFFICE OF THE PROTHONOTARY 2010 OCZ 26 AM 9~ 56 CU pEFdNSYLVAN A TY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-6078 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 By: Dated: 10/13/2010 David J. ~pothaker, Esquire i~nnnimmi