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HomeMy WebLinkAbout09-5898UJ Our File No.: 218041 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. PENNY L HOLLINGER 55 FICKES RD NEWVILLE, PA 17241-9461 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: d q s5-0 8 ?l Ul NOTICE vrty? 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.: 218041 APOTHARER & 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. ) PENNY L HOLLINGER ) 55 FICKES RD ) NEWVILLE, PA 17241-9461 ) Defendant. COURT OF COMMON PLEATS CUMBERLAND COUNTY NO.: d q - 5 y48 ('?'4 Tee 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 PENNY L HOLLINGER, an adult individual residing at 55 FICKES RD NEWVILLE, PA 17241-9461. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #59502793; 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 $1,079.92. 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 $1,079.92 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASS()CIATES, P.C. A Law Firm Eigaged Yin Debt BY: David J. Ap)iaker, Esquire Dated: 8/19/2009 Our File No.: 218041 VERIFICATION David J. Ayothaker, 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 ur worn falsification to authorities. David J. Apt Attorney DATE: 8/19/2009 NORTH STAR CAPITAL ACQUISITION LLC PENNY L HOLLINGER 55 FICKES RD NEWVILLE, PA 17241-9461 STATEMENT OF ACCOUNT Debtor's Name: PENNY L HOLLINGER Account Number: 59502793 Original Creditor: WELLS FARGO FINANCIAL Balance Due: $1,079.92 Our File No.: 218041 EXHIBIT "A" FILE .. f , aY 2009 A G 27 Pry 3: -,? 2 ,?c? aa?ros Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ntt5ttr of cu+nb".'f OMCF ',F?&RIFF 17 THE ! Y ?- C, f1 ? ?UfT SE 7 -3 A i 8): 3 j- A Cri,- f?. Edward L Schorpp Solicitor North Star Capital Acquisition LLC Case Number vs. 2009-5898 Penny L. Hollinger SHERIFF'S RETURN OF SERVICE 08/31/2009 08:42 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 31, 2009 at 2042 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Penny L. Hollinger, by making known unto Evelyn Cox, mother at 55 Fickes Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to hei personally the said true and correct copy of the same. SHERIFF COST: $38.80 September 01, 2009 SO ANSWERS, I • ?0' ATHOMAS KLINE, SHERIFF 2" LJO- Deputy Sheriff Our File No.: 218041 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PENNY L HOLLINGER Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, PENNY L HOLLINGER, in the default of an Answer, in the amount of $1,093.40 computed as follows: Amount claimed in complaint: $ 1,079.92 Less: Amount Paid: ( 0.00) Plus: Interest from August 19, 2009 to November 10, 2009 at the legal interest rate of 6.00% per annum 13.48 Attorney fees 0.00 TOTAL $ 1,093.40 I certify that Defendant, PENNY L HOLLINGER, known address is 55 FICKES RD NEWVILLE, PA 17241-9461. NO.: 09-5898 David J. ANthaker, Esq. Attorney for ntiff Dated: November 10, 2009 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: PENNY L HOLLINGER 55 FICKES RD NEWVILLE, PA 17241-9461 NORTH STAR CAPITAL ACQUISITION LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PENNY L HOLLINGER Defendant NOTICE NO.: 09-5898 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215 Our File No.: 218041 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. PENNY L HOLLINGER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5898 Civil Action CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237. 1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: November 10, 2009 Attorney for Plaintiff Our File No.: 218041 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PENNY L HOLLINGER Defendant NO.: 09-5898 Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 55 FICKES RD NEWVILLE, PA 17241-9461. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of our inquiry indicated that the Defendant(s) is enter has sent back I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Dept of Dt€enst 4lmgsowte Data Center Nov-10-20009:15-46 Milary Status Report Parmaat to for Service Mem er%Crvii lc dA: t )Kaaiit *WOGM. V.& D.I Aclirt DW'Saus Merril Dot EW DW Based ran d?e iusf-nmatias? year larva fiaanhrd, the DUDC does not possess an; Mficiia" HOLL Ga PE,-'N Y L mdiranoC for i i5cal stases Upon snare the ' itiormation data banks 4l be Department of Demme Maipower Data Center. leased on the information that you provided, the abowt in the current staEas (tlie asi"n ulual as to al bramtrhes o f the Unbarred Services (Army,. Prosy. Maim Carps, Air Force, WOAA, Pubic FAvW and Coast tad): %AL 14 J0,04- Mary M. Saawely-Mme, Director Dqm t E of Defense Data Center 1600 Wilson son Blvd., State 400 A.fingtao, VA 22209-2593 The Dcrease Maapowa Dates Center (DMI ) is an ' c#dte D epx one of of Defense Hatt iaa ifie Defense Earohnea and Elgibility Repacling System (DEERS) databsse which a the officW source of data on elig#aity for military medicd tars and other eigibilq svstena. The Don stns supports du rafmc of tie Service Members C+A Relief Act (50 L'SC App J§ 541 etse% as mod) (SCRA) tfcxmerh lcnowu as the Stir ad Sailors' C"ai Relief Ad o(19405. DUM bas issued bundreds of tbomoridsof 'does ad possess nay' that die aukmiwl a cure* on actin dad' tespoww% and has eased a smak came rate In the event the individual referenced above, or may family member, 6 svd, at representative assert is may mmmer that the m&ubxd is on active duty, or is odienvise touted to the ptotections; of the SCRA, yma are situ agly encouraged to obtast itadw v+ttllicalioa efthe prarsaai s s ttby that pmoaf s Service via the "defenseidtzr URL c g t itrrotiPan ra:s PCO DR.kni If troq lumm cvi4vace the person is an *cVM 4MY and you" to obtain On$ addaianal Service veri&ifion, punin-c Frmisians cf the s GRA maybe invoked againa you. Sec 511 t,'SC App. §521(c) . you obtain additiow d " about the person (e,g.. an SSN. impvoved accuracy o(DO . a ? name), you can submit yea request ago at this Web site and we wit provide a am certificate &r dot gmcrv. "Ctrs nVoo*e rdbeets active dam stator including due the iadevk%W was last on -* duty, ifit was within the preceding 367 days. For historical' please roue flee Service St RA poets-cf-comtam mifiarmation, Moor inImmadon on "Active Da1r Stapes' Active duty swan as reported in this certificate is defined in accordance with 10 USC § 101(da(l) for a period of use than 30 consecutive days. la the case of a member c[dae Natio nd Gmird, includes service under a ed to active smite malmited by die President or the Secretary *f Defeasoe Aar aperiod afmore than 34 consecudve stays raider 32 USC I SOMfor pueposes of responding to a aafiwO emergency declared by the President and supported by Federal . Al! Active Gard Reserve (AGR) members mast be assigned against an milimired moblzabon poslliaa is ge unit thry support This includes 1+favy TARs, Marine Corps ARs and Coast Guard RDAs" Active Duty stmus aha applies to a Unfermed Service member who is an aetim duty cc isaaane d officer of ire U. S, Public Health Service or Ow 2t WovA Oceanic and Atmospheric Administration (.IIL1AA Commissioned Corps) fix a period ofmare than '30 consecutive days- Car a L'xdrr rise SOU ix 8aroader w Now aCaur Covvrage under the SCRA is broader in some cases and iaclades setae categories of persons as active duty for purposes of the SC M tvho wadd tot be reposed as on Activv Duty *Aer Ns certificate. Many times orders are amended to extend the period ofai a duty, which would cectend SCRA protections. Persons weking to rely on obis webske certifiubw shoed check to make ore the orders on which SCRA ptot+echons we bawd have not been amended to c dend the i dame dates of service. Furthermore. same Protections of the SC1tA may camid to persons wbo have received or4m to report for active defy or to be i elacted, but who have not actually began active duty at acbmay reported car iodu m. The Last Daae on Achi v Duty eery is nportack because a imeber ofpeostevbom of SCRA esteud bevcud the last dates of active duty- Those vt*o wwM rely on dus certificate at urged to seek quaft+d itgai counsel to ensme that al rights guaranteed to Service ads coder the SC1tA are protected WAR\D;G: Tlis ccrf&aw was provided based an a name and SwSN provided by the rte. Providing an erroucams name or SSN wi l cause at etsoneans antficate to be provided. Report Bl KHCRDLnT6 218041 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY NORTH STAR CAPITAL ACQUISITION LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) PENNY L HOLLINGER ) NO. 09-5898 To: PENNY L HOLLINGER 55 FICKES RD NEWVILLE, PA 17241-9461 NOTICE, RULE 2375 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: September 29, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 D J. APOTHAKER, ESQUIRE APOtHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 .,. 2?'? ?? ? ? ? 9: ?? fi ?? ?? ?f l4.U0 17c?- i eve isas87 ,??. a a? ??? ??