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HomeMy WebLinkAbout09-5900 Our'File No.: 218112 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. LINDA M SIGUE 22 ARDMORE CIR NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. hiw? NOTICE %L -m 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.: 218112 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, tsquire, 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. LINDA M SIGUE 22 ARDMORE CIR NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 04- S'? Ub ei,?1 ? ,. 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 LINDA M SIGUE, an adult individual residing at 22 ARDMORE CIR NEW CUMBERLAND, PA 17070. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #4121741569101723; and said account was issued to Defendant(s) by CAPITAL ONE BANK (USA), N.A., 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 $1,934.02. 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 $1,934.02 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & A S C1ATES, P.C. A Law Firm E4avzedfin Debt Collection BY: Dated: 8/19/2009 David J. *o r, Esquire Our File No.: 218112 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 relatingrto *worn falsification to authorities. David J. Ap thaker, Esquire Attorney Plaintiff DATE: 8/19/2009 NORTH STAR CAPITAL ACQUISITION LLC: LINDA M SIGUE 22 ARDMORE CIR NEW CUMBERLAND, PA 17070 STATEMENT OF ACCOUNT Debtor's Name: LINDA M SIGUE Account Number: 4121741569101723 Original Creditor: CAPITAL ONE BANK (USA), N.A. Balance Due: $1,934.02 Our File No.: 218112 EXHIBIT "A" -GARY 2009 AUG 27 Pi,,', 3* 32 # /j. -S-0 '4? Ci??t ?N,7 zo 7a Sheriffs Office of Cumberland County R Thomas Kline Sher of C111nLrr1444 Ronny R Anderson Chief Deputy` Jody S Smith Civil Process Sergeant OFFICE. F ' `-"EAIFF Edward L Schorpp Solicitor FILED--1: t+ FCE OF THE P'56ri r fO my 1009 SEP I AN .44 North Star Capital Acquisition LLC vs. Linda M. Sigue Case fti'nber SHERIFF'S RETURN OF SERVICE 09/04/2009 05:09 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that q September 4, 2009 at 1709 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda M. Sigue, by making known unto herself personally, at 22 Ai c moi Circle New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same ti e handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 SO ANSWE wow- September 08, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff S Our File No.: 218112 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. LINDA M SIGUE Defendant NO.: 09-5900 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, LINDA M SIGUE, in the default of an Answer, in the amount of $1,950.04 computed as follows: Amount claimed in complaint: $ 1,934.02 Less: Amount Paid: ( 0.00) Plus: Interest from August 19, 2009 to October 30, 2009 at the legal interest rate of 6.00% per annum 16.02 Attorney fees 0.00 TOTAL $ 1,950.04 I certify that Defendant, LINDA M SIGUE, st own address is 22 ARDMORE CIR NEW CUMBERLAND, PA 17070. David J. Arothaker, Esq. Attorney for Plaintiff Dated: October 30, 2009 Our File No.: 218112 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. LINDA M SIGUE Defendant NO.: 09-5900 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: October 30, 2009 Attorney for Plaintiff r Our File No.: 218112 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. LINDA M SIGUE Defendant NO.: 09-5900 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 22 ARDMORE CIR NEW CUMBERLAND, PA 17070. 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 the Defe e M power ?nter has sent back our inquiry indicated that the Defendant(s) is/are not i the ilitary. David J. Ap-o'fiaker, Esq. Attorney for Plaintiff 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. Depadaoed of Dcfeuse Manpower Duda Center Od-50-2009 0810.53 Mkmy Stags Repeat Puget to the Sm ice Men be" GO Relief Act K? FbsNllme 1 a" Date Acura DUty Starts Actir* Duty E.d Dater Service SICt i j LL1T)A AI Ba;n3 on die vformac cn s'0" 10' a fum JWA due l) AW flocs wx l"- s :ess a'.' mdecating the in&i6W stat=us. Upon searcling &- mlbrmboa des banks of due DqwWvNt cfDeknse Manpower Data Ceram, based an the ' you pracided, Ore above is the caterew status of due in &idmil as to d bums afthe informed Sees (Marv, Navy, Mar?w Corps, Air Farce, NOAA, Pvi>& Hrahh. and Coast Cluard). May hl. Sturdy-Dbton. Director DMarhneot of Defense - Mmpwxa Data Ctster 16W Wilson Blvd, Suite 400 Atfstgtoo. VA 22299-2493 T1w Ddmw Manpower I)un Center (DNU)C) is as aqpaWidoa aftfie Depwwwor aofDdme dwaawaam the Defease Enrollment. sod Elig'afity Reps System (DEERS) database why s the ofd source of data on chgW for m itary medical care and other eligibility syn. The DoD strangle supports the eakrcement of the Sresxc hf s CrAReAdAct (50 t,'SC App- IS 541 etse% as aid) (SCRA) (f rly ksxmu as the Solders and So''krs' Ci+il Relitf Act of 1940). D?MC bas issucd h eels of 6ousands of 'does posse ss any itmoboa iet cstityt that the rrdMAW m cvrred9y on arrive duty" responses, and has eVaieased a smug arum rate. In the event de individeai refcreaced above; or aag fanny vwmber, ff and, or repmsentati a asserts in any" tonater that the indvAml is on active duty. or is o6erwise autided to the protections of dte SCRA, you are stroagj? encouraged to obtain Rather vaficatkm of the p ods status by covw6V dint pa=cer's S miice via due " i R1, < car. sc6C.pq fa?ssisl '?195i Alt.htr 1, If you has c nidmrc the perm is our nc&C duty and }rou fat to obuin this Sertixr v erfrrataaq p?mdiv t proOns cf the SCF tI. ma be ar Diced sg?t son See Sit L'SC App §521(c). 1f you obtadu a i about doe person (el. an SSN, improved accaracy dDOU, a =kW aarnc), vein cm subunit yaw request again at this Aleb site and we will provide a sew certificate for that rgaery. T response rdects active 4my states ' due the ` - x lair w a ve d q-. irk was wxidti t the prec -: 36' days For historical " afermefion, please contact the Service SCRA pow- f cambia.: MOM iqf*"x4&n on "Aedw Daap• Stews" Active duty suns as reported in this cerd6effit is drfmrd at accardmrce with 10 USC 101(d)(I1) for a period of more the 30 causecuth, a daps. In the ease of a member ,of the Na mnal Gmad, iuclades. service trader a Gad to active smrce mired by flee President o the Sectetay of D&w for a period ofmote theta 30 coostojM dips reader 3213SC $ 5O.(f) to pt o-3es of responding to a safionii ncy declared by the Pam? and supported bn; Federal fain. All Ac6w Guard Resen a (AGR) Viers must be assigned against an mtbarired nwobilizatku positions flue mid they support This kciodes Navy TARS. Mmnt Caps ARs and Cart Cunard RPAs:: Arnett Doty stow abo applies to aUnformed Service member who is an a c&v due: cousuissioned ofl`icer cfthe US. Wbik le'alth Stn ce or the Na6oaal flceank end Alunospheric Adtairtk sion(NOAA Ca slated Carps) far a period cf mare dun 30 cowemtti a clays: Coverage under the SCRA is broader mm some cases and includes some categories of persons on active duty for purposes ofthe SCRA who world tot be reported as an Achy Duty tai do this cert&att. Many times orders are amended to extend the period of wtr+2 duty, wha would extend SCRA prcfectiocs. Persons seeking to rely an this webske catificauna shcald check to make sear the orders on w%& SCRA praecf ns are based harm mot been amended to mend the i Kksive dates of service. Futbemm. =w prottcti= of the SCRA my cftnd to persons wt* havv rectived orders to report foe awvv day or to be mbdrd, but who have sot actually beg=an active duty or acW* reported for aedwbD The Last Date on Active Duty enh°y is important becaarte a =am=ber ofproteclims of SCRA extend bey o a3 ter lam dates active duv. Those who would rely an this certificate are urged to seelr quaffied legal cotaxtel to ensure flit at rights goaraoteed to Service members ender the SCRA are protected WARN'L G T1ds certificate wax proviard based an a care and S&'d provided by tlic rcqnevtcr? N idmg an aroncous name or S'-SN will cane an erroneous cerf&xe to be provided. Reptxt 1 I;$O.MKL'U 218112 OFFICE OF THE PROTHONOTARY t COURT OF COMMON PLEAS CUMBERLAND COUNTY NORTH STAR CAPITAL ACQUISITION LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. ) LINDA M SIGUE ) NO. 09-5900 To: LINDA M SIGUE 22 ARDMORE CIR NEW CUMBERLAND, PA 17070 NOTICE, RULE 237.5 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 VID 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 r rF _ ? is .. ? ?... A rr4 ?l? pO Po Y r? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LINDA M SIGUE 22 ARDMORE CIR NEW CUMBERLAND, PA 17070 NORTH STAR CAPITAL ACQUISITION LLC Plaintiff VS. LINDA M SIGUE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-5900 Civil Action Defendant NOTICE 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 r1/1%?