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HomeMy WebLinkAbout09-5902J? Our File No.: 218047 APOTHAKER & ASSOCIATES, ?.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. MICHAEL R BARCHUK 6407 CANNON DR MECHANICSBURG, PA 17050-1908 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 61- ?/Oa? ?4 /(/J NOTICE uvm 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.: 218047 APOTHAKER & ASSOCIATES, -P.C. BY: David J. Ap?othaker, 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. MICHAEL R BARCHUK 6407 CANNON DR MECHANICSBURG, PA 17050-1908 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9_ S40 2- C .cu `rim 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 MICHAEL R BARCHUK, an adult individual residing at 6407 CANNON DR MECHANICSBURG, PA 17050-1908. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #61663791; 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 $1,126.69. 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 $1,126.69 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & A O TES, P.C. Attorney or Pl ntiff A Law Firm Enga ed in ebt Collec BY: David J. ApotTaker, Esquire Dated: 8/19/2009 Our File No.: 218047 VERIFICATION David J. A othaker 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 rel ng unsworn falsification to authorities. David J. Amt-Tiaker, Esquire Attorney for Plaintiff DATE: 8/19/2009 NORTH STAR CAPITAL ACQUISITION LLC MICHAEL R BARCHUK 6407 CANNON DR MECHANICSBURG, PA 17050-1908 STATEMENT OF ACCOUNT Debtor's Name: MICHAEL R BARCHUK Account Number: 61663791 Original Creditor: WELLS FARGO FINANCIAL Balance Due: $1,126.69 Our File No.: 218047 EXHIBIT "A" OF ?hEL} _`"'O7A1PY 2009 A U G 27 PM 3: 31 F I'v - 41 y r r"CI Iti?'_?'r { f? "aj,47i. S-6 &?, Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?gaytit?+ of ?uatiLrr??h? FILE` , L AARY ?:r?i 25,39 SIE' 21 C;? j? TN North Star Capital Acquisition LLC vs. Case Number Michael R. Barchuk 2009-5902 SHERIFF'S RETURN OF SERVICE 09/15/2009 04:36 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at 1636 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael R. Barchuk, by making known unto himself personally, at 6407 Cannon Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 September 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheri f e ? Our File No.: 218047 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. MICHAEL R BARCHUK Defendant NO.: 09-5902 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, MICHAEL R BARCHUK, in the default of an Answer, in the amount of $1,138.83 computed as follows: Amount claimed in complaint: $ 1,126.69 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 12.14 Attorney fees 0.00 TOTAL $ 1,138.83 I certify that Defendant, MICHAEL R BARCHU ,1 t known address is 6407 CANNON DR MECHANICSBURG, PA 17050-1908. ?. David J. A thaker, Esq. Attorney for P aintiff Dated: October 30, 2009 Our File No.: 218047 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. MICHAEL R BARCHUK Defendant NO.: 09-5902 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 Our File No.: 218047 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. MICHAEL R BARCHUK Defendant NO.: 09-5902 Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 6407 CANNON DR MECHANICSBURG, PA 17050-1908. 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 Defens M power Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in e ilitary. David J. Ap,64er, 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. Department ufDefetot - cwft Data Center Oct-30-2009 t 8:09`t}3 wry Status Repot 1 *rjavt to Se nice Members C n l R:rWAst < _ FrsrlIUdle Btgio Date Ar*e Duty Statue Actm•* Doty EPA Dam Senate N xrrr Atercy 8\RC'HU lil('F1.i- Base,:r:ltra?tnmat>n,oit?netrr.hrd.theD\IIHd,,. rrpsses;?.vfi o R tndcatmg the indnidual stahu. Upon seaching doe ` ifirmaSon data b.riks of the Department of Dtfi m se Nlaupower Data Center. based on for iiMnObOft lkat You provided dtr above is the =tat u o the "-AW as to W=dm of *e Vatomwel Striccs (Amy, N y, Marine Cops. As Force, NOAA, Public fie and Coast mod). Mary -NL Sun*-Dbwv, Director Department ofDdense - Mantlrovw Dana tenter 1600 Wjkon WC Suite 400 Atil®gton, NIA 22209-2193 The Defense Mmpower Ce PMDC) is on o%pabagm oftbe Deparbow of that m*MW the kl&rase Fi rohneut andFltgibaitc Rig System (DEM) databast wick is the cGidal source of eift an e$gibrTi for mi?• medical tare and odwr sue} stoma. Tbc DoD sack supports the rzf4ccment of the Sesame Adambe rs Cad Ftel eAcs (430 L'SC App. §§ 3t11 etread as amcndetl) (S a tfi?rtuerl'? kaaoavn as the Ste' a? Sadcxs' C'n$ Reief Ad dF 1?Qt. D?II9C hay darned l?mdretlS of of 'apses not possess as a du s dw iurlraiduai a ¢ntreadyoo arum dory' tesponsm and has eked a smaA mov rate. bn the nvor tb ie&ulaat referetw ed abtn-c, or any fly mambas, fiiaa , or sepie e asserts in my mmnner shad the in&idtaal is oo acts r dtm-, or is criberwise tiled to the proknclions ofdne SCR A, you are shy tuttaaaged to obtain fiwdw vaivoi= of 6e pawed"s by romcft to person's 5ctce via din " ur LIM %rccs{u rnsei cmdt c} s 04 R°gntsWeevidence *epeascwisonaetise+ o youW t€sobwashis addbonal Service verb *on, punive prod s of the SCR's may be waked against yrstr. Sec 10 U'SC App, §521(c). Vvou obtain " about the perscm (c.g . an SSNimproved accuracy c(I)OD, ataiel& fondue), You cut submit your rtquest as„aa' s at this Wtb site and we wA provide a ww certi€teaw fac that. emery. 'firs n-voon sd lew active, duty statas ° slain she "VAW was kart on activ=e dwy? fit was WWO the Pmerdiag 367 days Fes historical ° please contact the Sender SC.RA pakts-c- contact. More%q&nnadaae on "Acdw DtcW SAwns" Ac*c duty status as reported rr this catfime is de ned m accordance wib IO [ SC f 101 d)t i} fur a period of more don 30 coasctnd x &-4, In die cost *(a member of &t fi t Guard, ndiades semicr tmdet a cal{ to aeti t sftvkt atdweixedby t presidctu or the Secretary, of Defoe foe a yetiod ofgave 6an 30 cooseaWve days wider a: C-SC 104ftfor s of wspoodngtn a mr rsgcac declared by tbc) t and s,ippoft4 by Federal fem. Ag metier Gerard Resenr (AG R) members mum be assigned ova as ma otiztd mob&ution positron is the twit tlsey s OCt This ck,dcs ',w FARs.':1 ' Caps ARs and Coast Guard RPrAs Ati-ve Day status also apphes toaUnfinned Service nsembwwbo is an € efif a dray cammissSoa9eii adlieer a[ slM t `,S, Pub1c tiea?h +e yr ? I?aaric+nnl t?reawic and A#?pberit r13ua`ctis#adcn';7'IUA?t Conarrsaoned Crops) ibr a period of mo a fi m 30 consetutrs e da,; s. Cage unow do SCRA Amaidar is Sonve cam Co?taams under the SCRA is broader as some cases and includes some eaaegories of persons of active duty for purposes ofdae SCRA %bo would tot be reported as on Acwt, Duty fonder this ca t6cate. Many tames orders oe amended to extend the period ofac wT duty, wbech would extrad 5C'RA Protections- Parsons see king to MY on this webske cerffiratim shoold tbeck to crake sot the orders on which SCRA proutc t4 ns art based tiasee not Vera amended to emend the "sive dates of service. F , some pmftcdm ofslae SC ; A many extend to pasoas wbo have rtceiued orders to report tsar ncti%v do or to be iadoetcd bit wbo have not actually begtas actnr daty or actnatly reported fsrr axlnctrow The Lad Date on Active Duty eat*- is impatwk because a number o[pruorctiores of SCRA extend beyond the last dates $f atone dwy. Those Mw world rely on &s certificate are wged to seek goaffiied kgal counsel to em%ac that all rigbas gaararateed m Sersuc members seder dot 5CRA are protested. WARNING: Tbm date was pmidcd based can a saw and SSN pnn-,&d by the requtA r. Providmg an tm uneous name or SSIN wi l cause an erraeors certificate to be prwMed. Report III3611MNC\"R 218047 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY NORTH STAR CAPITAL ACQUISITION LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) MICHAEL R BARCHUK ) NO. 09-5902 To: MICHAEL R BARCHUK 6407 CANNON DR MECHANICSBURG, PA 17050-1908 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: October 08, 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 0 A ID J. APOTHAKER, ESQUIRE AP THAKER & 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 ALEl? .ter- ;r .r?,__?; ? 1, , - .} i `Vr t 'aJf 10 tifi lr: liJ f.TY W 1683(o l 234 awaas3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHAEL R BARCHUK 6407 CANNON DR MECHANICSBURG, PA 17050-1908 NORTH STAR CAPITAL ACQUISITION LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. MICHAEL R BARCHUK Defendant NOTICE NO.: 09-5902 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. Avothaker, Esq. at this telephone number: 800-672-0215 /l/m/01