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Home My WebLink About09-8251Mr File No.: 228232 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. DIANN K WALK 431 S ENOLA DR ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 09 - 92SI 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.: 228232 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09- F.t'rl (',c-. r'-- Plaintiff, vs. DIANN K WALK 431 S ENOLA DR ENOLA, PA 17025 Defendant. 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 DIANN K WALK, an adult individual residing at 431 S ENOLA DR ENOLA, PA 17025. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account #70705289676297; and said account was issued to Defendant(s) by SHELL/CITIBANK, 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 $1,472.72. 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 $1,472.72 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaint A Law Firm Engaged in eb Collection BY: Dated: 11/20/2009 David J. Apo z squire Our File No.: 228232 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 relating to uns falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 11/20/2009 NORTH STAR CAPITAL ACQUISITION LLC DIANN K WALK 431 S ENOLA DR ENOLA, PA 17025 STATEMENT OF ACCOUNT Debtor's Name Account Number: Original Creditor: Balance Due Our File No.: 228232 DIANN K WALK 70705289676297 SHELL/CITIBANK $1,472.72 EXHIBIT "A" 7 7 s AR 7s.ro ??C A-?lf 4 erg-?caasd i?? as y.z sY p Our File No.: 228232 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. DIANN K WALK Defendant 201 Jul 2~ P~1 1 ~ ~~ P~.I`ufVSYI.VA~~11~L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8251 Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, and against Defendant, DIANN K WALK, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on January 4, 2010, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of: Current Balance: TOTAL Dated: June 15, 2010 /.~~ ~lc~.DU ~a~r ~~ 1~5~0 ~~~ a~ya98 ~uat~ cr r~ t~avia J. Apothaker, esq. Attorney for Plaintiff Our File No.: 228232 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. DIANN K WALK Defendant David J. Apothaker, Esquire, certifies as follows: Civil Action 1. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on January 4, 2010, a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of NO.: 09-8251 Judgment in the amount of $1,174.68, for a total of $1,174.68. I verify that the statements made in this that false statements herein are made subject to the unsworn falsification to authorities. are true and correct. I understand of 18 Pa.C.S.A. §4904, relating to David J.\A~6thaker, Esq. Attorney or Plaintiff Dated: June 15, 2010 Our File No.: 228232 APOTHAKER & AS5UCIATES, 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. DIANN K WALK Defendant NO.: 09-$251 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 517 2ND ST ENOLA, PA 17025. 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 Defendants} is/are in any branch of the military. Mary M. Snavely-Dixon, Director of our inquiry indicated that the Defendant(s) is Center 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 TkPartmmt of l3~ense ?aiae I>a~a Camta }rtn-15-241012:03.1 l ~~ ~ ~ service ~ Csyl ReidA~ -- _ _ ~r _, fitaw -t WALK }7tA.''V*~i IC 'Based°a ~ 10f0f°m10O yao bays the D1yIDC 6ocn not possess say ia6otanaioa ~ ~ its ~ini~t ~. [;°paet the iaEoraatiaa dtws bttei~s cC~e Degartmatt oCUei+eme Martltawer Ihtr Cettoer, baud an ~e ia[ernoatioo fat yna Pernidad; fro abase is dte c>irrear stattm raFfre .rfisdtai as to ~ bra+ckes d tore L'afarwed Services (11rury, 23avy, Adariae Corgi; Ai Fay, TIOAA, Fafnir Tom, aad Coed ~- ~~. ~,-~. ~F M- Y-B~mo, D'rcetor Deparmamt of Ddmse - Magpotitixs€ ~ C~;eda` 11548 Wikott 13kd., Sztita 440 Artin~ou,1'A 2209-7593 114e Odorant ~aopowet Data Cattcs {D'~"~ a a at~to¢ation ddse Degatmtmt dDefease Drat aoao~taias tae Uefiease Erto~esa aad ~y ReP«tie~ System ? dr~bue wiich is f},e a~i~t sotrcc of a#a m y for m~ m~Cat auto aad odac Y ~ DoD Y saPprxxts the e+6aremaett of the Sezvice s t^.isa7 RciK Act (58 L~SC APP- $$ 301 e4 ug, as amended) (5~) as fie Soi3rss' aad Saias' Civ>i Rrief Aa of 1900). i?bII)~ man in~rea hua8asls of drranarsds of 'does tsot Phu ~ iefOamaboa ~t drat tore iotfividtrl a c~mlSy on nctiae datyl' respoases, and ores e~timeed s smstd attar rate- ba 1~e easat tae is tdamcad abwr, a artg ~Y an>saebar, friend, a ~ asants is aoy taraaer dint tht issd'etidoat in as acdwe daty~ or fb odseswi:9e eatiifed to fhe prtirtectioos ot"thr SCRA. yea sire s-aa~y earortaged to abtten ~ttfrer ~catuoa of tka p~atscri s rtr~ by fart De+'sai s Service vie the 'ddcs~iolcs~' L7tl. ,~, , - 1f yva htne cvidtrsce tae parses a ore sctiMe defy aad yw fad to obtaria addi6ooal 5esaicr reti6csaiaq pmihtie l~t'ovid~ aftfie SCRA map bt av-oreQ yea. Ste 58 L'SC App. $531(c~ ff you abtaw a~ddniorsnl iafatortiaa abaat tae Person {c.s„ sa SSI+i, improved e~racy dDOD, a aaid~le aaase3, ypa cap ;tgocrt antis ~ Ihis ~t'rb wile sod we uii Pmvide a near certi5caee 6or rhea rSae:y. This tesQooae re6esta acAre duty >1aAta ixla~Taa date the i-dividasi was kst oo acoivi dutp. i'it xu widsa ~r preca5af 36? +days- Fa hetgical ~armatioe. pk~ caoeact the Sevier SCRA pars-d-camtact. ,i(ore Etyfsvs~ursx ow ^.~fetis~r Dagy Skaters" Actives duty rta6ta a reParted is Ara tadtidcata is de&red is accordance wih 10 USC § l01{d7{3) for a period of more ~ 34 cansea~st[v,e days. ~ Qte cus of a member dtbe ?Yafceal Guard oeirdes senict nodes s cai to aCUve nervier tulharred by the President a the Secretay d DetSmse far a period d taare that 30 t:asmswvss days order 3I CTSt; ¢ SO fft fix PaFasts of rrsgaofiog to a eemioaal emu fccscy dec~arrd by d,e Pretideat apd napparoed by Federal 6uacls AI Aeeive G+rerd Rrser~x {AGR~ aarn~6ers must tx assiprrd as amt6acize~d mobs~on posrL'm is 16e mt ffity support 'Diet ixlydes TTavp TARS, .Lfame Carps ARs and Coamt Guard RPAs. Acsi-t Duey sttaAa oho appia to a tJo[amed Service member woo is :e active fluty caattaissicaed o$cer ddte U.S. Itub6c Fteakb Service tx fta Itatiaad Oceans apd Atmosp6esic Admiarstratiatt {I3QAA Commssiooed Carps) fro a peaiod dmaee than 38 aoaseealve dais fater~s L'trder tAre SG&! ii 1i++rsad~v tar Seaar Cwscx Cawtsege mdrr tore SCRA m facade a sane saes and iochdes same ct~ories dpessom aia scjivc dd7 far garpoces of the SGRA x~6o a~ouid net be rrpaeaetf u oa Act a Duty auder ~ cetibcate. ~iaa}• tines orders are amerdad m r~rad ti,ePemd at'adir~ duty, wlirh waadd erbend SCRA Pte- Pasoan srelriog m r+rh ou ibis vycfiaite tares t6add emee}r to nnke sore the orders m wlsirh 5CRA protretions rte baud maNe tat beat ataeaded to aQmd die iochuivr doses d service. F~amost, some Pt- d the SC'RA may atrnd to persaas woo bare rexeived orders b repair fcr active dory a m tx bat wlso haa>: trot acmaly be®m active dory a y sepatttd for indateiaa. Tire I:a:t Tyate nn Acf+re Dnh' <s~5+k mpnetattt because a annber atpra6rxtions aC SCRA es~bood bevaad tEse• last dates dacaaro Bay. Ttxxc who world rely an 15is eatiicaee tree n-6~ to xelc quei8cd kgat couasd m ensnrr that ai ~ guaraottcrd to Service members toatfer fro SCRA ate pnteec>ted ~i'AR?`t'IIvG lbes ea<tiieatr >vas pr~mded based as s mrr and SSTs prattled by the t+egaeata- PraFidasg ant eaaac ass name a 5~i vrdi~ane an etraarotts eesti6eaar to 6e proviled R~rt u>x~ Incvro:~5 Our file No.: 228232 ~ ~/' APOTHAKER & ASSOCIATES, P.G. 520 Fellowship Road 0306 Mount Laurel, NJ 08054 (800} 672-0215 Attorneys .for Plaintiff Attorney ID# 55140 ~~ .. .. . . P1~ t tr ...i, r ~ r, 3 i ~ ~ j'r' {. NORTH STAR CAPITAL ACQUISITION ) LLC ) Plaintiff, } vs. ) DIANN K WALK ) 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 December 17, 2009= STIPULATED by .and between Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, anal Defendant, DIANN K WALK. parties as follows: 1. Defendant agrees to pay the sum of $1.,656.62, which. sum Plaintiff agrees to accept. in full settlement of its claim herein, inclusive of counsel .fees and c=urt costs. 2. The sum aforesaid of $1,b56.62 shall be paid by the by Defendant, DIANN K WALK, to the attorneys for Plaintiff in the fallowing manner: a. $50.00 to be paid on or before December 17, 2009; b. $50.00 to be paid on or before January 20, 2010; c. $1,556.62 to be paid an or before February 20, 2010. 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 COURT OF COMMQN PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-8251 Civil Action STIPULATION IN .LIEU OF JUDCrMENT ~j f. R ` $~Y i 3 j ~~ ~ }~ «} 8-~Y ~Zi ~~ t . . ~ .>r 4 __._~..._..~.__._ . W._ ~.P_. ...~.~ __.~~. i3 ' ~ ~ Our file: No.: 228232 3; ~ In the event. Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant exParte, in the sum of $I,~S6,62, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the .application addressed to DIANN K WALK by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTI-TAKER & ASSOCIATES, P.C. Attorneys for Pl intiff A Law Firm Engagede~bt Collection Scion, Esquire DIANN K WALK ~ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DIANN K WALK 517 2ND ST ENOLA, PA 17025 NORTH STAR CAPITAL ACQUISITION ) LLC ) Plaintiff ) vs. ) } DIANN K WALK ) Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-8251 Civil Action 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. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT ^ JUDGMENT BY DEFAULT ^ JUDGMENT IN REPLEVIN ^ JUDGMENT BY CONFESSION ^ JUDGMENT FOR POSSESSION ^ JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker Esg at this telephone number: 215-634-8920 rlasliv ~~~