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Home My WebLink About10-6303-Our File No.: 270674 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff F.11FFIIaF F Tt P Rcjt 07A? 2C?? ?I?T -'? F'? 2: ? tr T IT NORTH STAR CAPITAL ACQUISITION LLC 170 NORTH POINTE PKWY AMHERST, NY 14228 Plaintiff, VS. JOHN S MATTERN 105 E MAIN ST CARLISLE, PA 17015-9502 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. ID-UW3 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ka. CP Q?,'' ?8p3? G? Our File No.: 270674 -APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC 170 NORTH POINTE PKWY AMHERST, NY 14228 Plaintiff, vs. JOHN S MATTERN 105 E MAIN ST CARLISLE, PA 17015-9502 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is NORTH STAR CAPITAL ACQUISITION LLC, 170 NORTH POINTE PKWY, AMHERST, NY 14228. 2. Defendant(s) is/are JOHN S MATTERN, an adult individual residing at 105 E MAIN ST CARLISLE, PA 17015-9502. 3. Plaintiff, NORTH STAR CAPITAL ACQUISITION LLC, is the Assignee and Successor in Interest of Account # ending in 9863; 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 $3,727.05. 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 $3,727.05 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER A SOCIATES, P.C. Atto y f Plaintiff A Law Firm En aae in Debt CAectioj BY: Dated: 9/29/2010 David J. ApotIftakow, Esquire Our File No.: 270674 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/m*orn falsification to authorities. David J. Attorney for DATE: 9/29/2010 NORTH STAR CAPITAL ACQUISITION LLC JOHN S MATTERN 105 E MAIN ST CARLISLE, PA 17015-9502 STATEMENT OF ACCOUNT Debtor's Name: JOHN S MATTERN Account Number: ending in 9863 Original Creditor: WELLS FARGO FINANCIAL Balance Due: $3,727.05 Our File No.: 270674 EXHIBIT "A" 270674 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: NORTH STAR CAPITAL Expiration Date: ACQUISITION LLC Type of Action: Civil Action Defendant/s: JOHN S MATTERN Serve Upon: JOHN S MATTERN Address for Service: 105 E MAIN ST CARLISLE, PA 17015-9502 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker &. Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone : 215-634-8920 S'HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief De )uty Richard W Stewart Solicitor North Star Capital Acquisition LLC Case Number vs. John S. Mattern 2010-6303 SHERIFF'S RETURN OF SERVICE 11/05/2010 09:30 AM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November 5, 2010 at 0930 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John S. Mattern. After several attempts the Complaint and Notice has expired. SHERIFF COST: $42.40 SO ANSWERS,. r ?y November 05, 2010 RONN'Y R ANDERSON, SHERIFF Cn I"" r? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6303 Civil Action MOTION FOR ALTERNATIVE SERVICE h N O ss. CT -Ij -d O , Pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2), Plaintiff, by and through its Our File No.: 270674 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC 170 NORTH POINTE PKWY AMHERST, NY 14228 Plaintiff, VS. JOHN S MATTERN 105 E MAIN ST CARLISLE, PA 17015-9502 Defendant. attorneys, requests that this Honorable Court grant an ORDER permitting service of the Complaint upon the Defendant(s) by posting the Complaint on the most public part of the property located at 105 E MAIN ST CARLISLE, PA 17015-9502, and by serving it by certified and regular mail at 105 E MAIN ST CARLISLE, PA 17015-9502 and in support therefore, presents the attached Affidavit. By: _ David J. Apothaker, Esquire Attorney for Plaintiff APOTHAKER & A SOCIATES, P.C. Attorne f Plaintiff A Law Firm Enga a in Deb ollectio? Dated: 12/8/2010 Our File No.: 270674 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC 170 NORTH POINTE PKWY AMHERST, NY 14228 Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6303 vs. JOHN S MATTERN 105 E MAIN ST CARLISLE, PA 17015-9502 Defendant. AFFIDAVIT OF SERVICE Civil Action I, Natalie Friess, of full age, depose and say that I am a legal assistant at Apothaker & Associates, P.C., and that on this day I did mail to JOHN S MATTERN at 105 E MAIN ST CARLISLE, PA 17015-9502 a copy of a Motion for Alternative Service, Affidavit in Support of Motion, Proposed Order and Affidavit of Service. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law F' Engaged in Debt Collection "A?c By: ?.? atalie Friess Dated: 12/8/2010 Our File No.: 270674 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITION LLC 170 NORTH POINTE PKWY AMHERST, NY 14228 Plaintiff, vs. JOHN S MATTERN 105 E MAIN ST CARLISLE, PA 17015-9502 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6303 AFFIDAVIT Civil Action I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby aver to the best of my knowledge, information and belief, the following: 1. Plaintiff brings this action to collect monies due on a credit card account. 2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon Defendant at his/her residence at 105 E MAIN ST CARLISLE, PA 17015-9502 because: • NO ANSWER AFTER MULTIPLE ATTEMPTS Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County Sheriff's Return of Service. 3. I have made an investigation to determine the whereabouts of the defendant and confirm 105 E MAIN ST CARLISLE, PA 17015-9502 as Defendant's address. This investigation has been supplemented by employees trained to skip trace, the process of locating a person's whereabouts, from the time this account was opened through the present day. This investigation consists of, but is not limited to, the use of LexisNexis Accurint for Legal Professionals, Experian Credit Reporting Bureau, whitepages.com, whitepages.com/reverse-lookup, searchsystems.net, PA Recorder of Deeds County Remote Access sites, in addition to: a. Inquiry of United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R. Part 265. Attached hereto as Exhibit "B" is a true and correct copy of the Request for Change of Address from the Postmaster confirming Defendant's address. 4. This investigation confirms that the address that the Sheriff of CUMBERLAND County attempted to serve the defendant at 105 E MAIN ST CARLISLE, PA 17015-9502, the address where defendant is located. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTH=ttorne R AS CIATES, P.C. for plaintiff A Law Firm Eng ed L06bt Collection By: David J. Apothaker, Esquire Dated: December 8, 2010 170- b ??/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart _ Solicitor North Star Capital Acquisition LLC Case Number vs. John S. Mattenn 2010-6303 SHERIFF'S RETURN OF SERVICE 11,105/2010 09:34 AM - Ronny R_ Anderson, Sheriff, who being duly sworn according to law, states that on November 5, 2010 at 0930 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John S. Mattem. After several attempts the Complaint and Notice has expired. SHERIFF COST: 542.40 SO ANSWERS, November 05, 2010 RON R ANDERSON, SHERIFF { t 7- A . U "f j, Our File No.: 270674 November 16, 201 0 Request for Change of Address or Box Holder Information Needed for Service of Legal Process POSTMASTER. CARLISLE. PA 17015-9502 ?j Please furnish the new address or the name and street address, ifa box holder, for the following: Name: JOHN S MATI`ERN Address: 105 E MAIN ST CARLISLE, PA 1 70 1 5-9502 NOTE: The name and last known address are required for change of address information. 'I be name, if known and post office box address are required for box holder infonmation. The following inforniation is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing box holder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself). ATFORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): , 3. The names of all known parties to the litigation: NORTH STAR CAPITAL ACQUISITION LLC v, JOI IN S MA"I`T'ERN 4. The court in which the case has been or will be heard: PROTHONOTARY 5. The docket or other identifying number if one has been issued: 6, The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING TIME SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXI,fOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL. OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP'T`O $10,000.40 OR IMPRISONMENT OR (2) TO AVOID PAYMENTOF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT :vioRP THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1 oo i ). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature DAVID J APOTHAKE:R, ESQ 520 Fellowship Road 0306 Mount Laurel, NJ 08054 FOR POST OFFICE USE ONLY IF PQ BOX - PROVIDE STREET F-1 No Change of Address Order on File NEW ADDRESS or BOXI-10 ' Of ? Not Known at Address Given NAME and STREET AUI)R ? Moved Left no Forwarding Address ? No Such Address ' c _f NORTH STAR CAPITAL ACQUISITION LLC, PLAINTIFF V. JOHN S. MATTERN, 105 East Main Street Carlisle, PA 17015-9502 DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6303 CIVIL ORDER OF COURT AND NOW, this 22nd day of December, 2010, upon consideration of the Plaintiff's Motion for Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant has been unsuccessful, Plaintiff's Motion is GRANTED. IT IS HEREBY ORDERED AND DIRECTED: 1. That the Plaintiff is directed to serve the Complaint upon Defendant by posting a copy of the Complaint upon the premises at 105 East Main Street, Carlisle, PA 17015-9502; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last known addresses at 105 East Main Street, Carlisle, PA 17015-9502; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; 4. All future service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses. By the Court., M. L. Ebert, Jr., M J. C-7 z.? cnr` . David J. Apothaker , Esquire ' N rs'' -A Q ° Attorney for Plaintiff C-J ?+• - d _ x "John S. Mattern Defendant bas cz) 1-2 ?t LC. 1-L 2 ?.`t v