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Home My WebLink About09-4300w .l Our'File No.: 203476 APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaler, 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. EDWARD ROSE 151 SUSQUEHANNA AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. Ce - 1806 0 tvi tom, 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.: 203476 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. EDWARD ROSE 151 SUSQUEHANNA AVE ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0? -V300 cit.,"/ 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 EDWARD ROSE, an adult individual residing at 151 SUSQUEHANNA AVE ENOLA, PA 17025. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #5542850300630839; and said account was issued to Defendant(s) by PROVIDIAN-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 $5,797.60. 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 $5,797.60 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f laintiff A Law Firm Enaa d ' Debt C'ollectiol BY: David J. Apothaker, Esquire Dated: June 26, 2009 Our File No.: 203476 VERIFICATION David I Apothaker Es uire 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. 4904ting to unworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: June 26, 2009 EDWARD ROSE 151 SUSQUEHANNA AVE ENOLA, PA 17025 NORTH STAR CAPITAL ACQUISITION LLC STATEMENT OF ACCOUNT Debtor's Name: Account Number: Original Creditor: Balance Due: Our File No.: 203476 EDWARD ROSE 5542850300630839 PROVIDIAN-BANK $5,797.60 EXHIBIT "A" F11 OF TIAL r 4'78.w PO ATrY CLY 1385'iD pl#- a7 fi7 3d Sheriffs Office of Cumberland County g?r,t,' °trtrinb?rt?? R Thomas Kline Sheriff O Ronny R Anderson Chief Deputy OFFICECF THE s"ERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant North Star Capital Acquisition LLC vs. Edward Rose Case Number 2009-4300 SHERIFF'S RETURN OF SERVICE 06/29/2009 11:13 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1113 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Edward Rose, by making known unto himself personally, defendant at 151 Susquehanna Avenue Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 30, 2009 SO ANSWERS, R THOMAS KLINE. S ERIFF Deputy Sheriff C .s u C- C= 23 rv 2" -< NORTH STAR CAPITAL ACQUISITION LLC Successor in interest to Providian Bank Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 - 4300 - Civil Term EDWARD ROSE, : CIVIL ACTION - LAW Defendant Please enter my appearance for the Defendant in the above. Date: 7/? GO I Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 j j! ? . ? 7a ,?.? -?. 7 ? ? ?: :.?fir Lt?t;? J'u'??• 1 ??-??. " ? „ ? ?. _i NORTH STAR CAPITAL : IN THE COURT OF COMMON PLEAS ACQUISITION LLC : CUMBERLAND COUNTY Successor in interest to Providian-Bank, Plaintiff. : No. 09 - 4300 - Civil Term V. EDWARD ROSE, : CIVIL ACTION - LAW Defendant. PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Edward Rose, by and through his legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION COMPLAINT, and in support thereof avers the following: 1. Plaintiff is North Star Capital Acquisition LLC., as successor in interest to Providian-Bank, by their attorneys, Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant is Edward Rose (hereinafter "Defendant"). 3. Plaintiff filed its complaint on June 25, 2009. 4. Plaintiff claims that it is owed a balance on account for $5, 79'1.60 from use of a credit card account which it was assigned by Providian-Bank. PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P. No. 1028(a) (4)) (Demurrer) 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff does not allege that there was any agreement, either express or implied between the original Plaintiff and any successors in interest and the Defendant, merely an account which is purportedly attached as Exhibit "A." 7. Absent such an allegation, Plaintiff fails to adequately state a cause of action. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OF TIME, PLACE AND SPECIAL DAMAGES 8. Paragraphs 1 through 7 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 9. Plaintiff claims that it is owed a balance on an account in the amount of $5,797.60 attached Exhibit "A" as a statement of account, which contains minimal information. 10. This complaint fails to specify any agreements of the parties, terms and conditions of the agreements, amendments to the agreements, the Defendant's request for products, goods or services or the amount, or time and place of individual credit transactions. 11. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges. 12. Pa. R.C.P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 13. Plaintiff's general assertion of damages therefore is in violation of Pa. R.C.P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P.No. 1028(a)(2) and No.1019(i) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 14. Paragraphs 1 through 13 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 15. Plaintiff bases its claims against Defendant on an assignment i:rom Providian- Bank and the attached Exhibit "A" account. 16. Plaintiff has failed to attach any credit agreements made or signed by Defendant or any assignments made to the Plaintiff, both of which would form the very core of an obligation by the Defendant to the Plaintiff. 17. Pursuant to Pa. R.C.P. No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 18. To the extent that any credit agreements between Defendant and Plaintiff, or its predecessors in interest are written, Plaintiff's Complaint fails to comply with Pa. R.C.P. No. 1019(1) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements, or assignment(s), or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, MidPenn Legal Services Date -?J ?d /?? ' f Geo o rey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 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 Defendant's Preliminary Objections on this 15th day of July, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J. Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 r By: Ge frey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 ,? ?` ?`''? Y t ,? • 4 r APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC tau c s 4 COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-4300 VS. EDWARD ROSE Plaintiff, Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on this September 03, 2009, STIPULATED by and between Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, and Defendant, EDWARD ROSE parties as follows: 1. Defendant agrees to pay the sum of $4,058.32, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, EDWARD ROSE, to the attorneys for Plaintiff in the following manner: a. $25.00 to be paid on or efore the 30th day of e h month, beginning September 30, 2009 until p ' i All checks are to made payable to NORTH STAR CAPITAL ACQUISITION LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant, EDWARD ROSE mak payments ass d above, this account will marked satisfied when EDWARD R SE pays $4,058.32. 4. In the event Defendant, EDWARD ROSE fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, EDWARD ROSE's default. The name and address of Defendant's attorney(s) that notice will be sent to is: Geoffrey M. Biringer, Esquire 401 E Louther Street - Suite 103 Carlisle, PA 17013 5. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, EDWARD ROSE, ex parte, in the sum of $5,969.51, giving Defendant, EDWARD ROSE credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES Attorneys for Pl tiff A Law Firm Enp-ap-ed ollec F/Scian, Esquire EDWARD ROSE Our File No.: 203476 11 T HE: O)TAURY, 2009 SEP 28 j i`t 15