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Home My WebLink About02-4891j COMMONWEALTH OF PENN. _VANIA ? y F ?y 1 COUNTY OF: CUMBERLAND ? NOTICE 'JUDGMENT/TRANS CRIPT - Mag.Dist. NO. PLAINTIFF: CIVIL CASE 09-3-05 DJ Name. Hon. rOSI REFUNDING CORP ADDRESS _ - GAYLE A. ELDER C/O SUITE 405 Add`ess: 507 N. YORK ST. 1341 AWA N.DELWARE AVE MECHANICSBURG, PA LPHILADELPHIA, PA 19125 : . Telephone (717) 766-4575 17055 DEFENDANT: VS. NAME and ADDRESS ISHAY J , JEROMY J ? 317 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 OSI REFUNDING CORP L C/O SUITE 405 1341 N.DELAWARE AvE DocketNo.: C{7-0000325 01 PHILADELPHIA, PA 19125 Date Filed: 11/06/01 THIS IS TO NOTIFY YOU THAT: Judgrnew. DRFAi 7r.m .-?GMFp. . X? Judgment was entered for: (Name) OST F p TF Farnun TN(` YARD Judgment was entered against: (Name) SHAY ,gin„ 'A'i T in the amount of $ q 6 92 q? on: (Date of Judgment) 1 /3 7102 Defendants are jointly and severally liable . (Date & Time) D Damages will be assessed on: 11 This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $ 11 Levy is stayed for days or 11 generally stayed. 0 Objection to levy has been filed and hearing will be held: Date: Time: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. 7 d 2 Date _ /cy? f . / 1A0 7 ortify that this is a True and correct copy of the Date /1- 1 District Justice of tlfell) dings containing the judgment. , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL P \s \ U p p tl w r m ? v? O X ? C d I W F r. 0 w\ n cz) C r iv ? C17 =? 1l, ti y OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JEROMY J SHAY 317 STUMPSTOWN RD MECHANICSBURG, PA 17055 OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff, VS. JEROMY J SHAY 317 STUMPSTOWN RD MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY v?-YP?I NO. CV-000032-5=01 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. Auothaker, Esc- at this telephone number: 800-672-0215 8FARLESTlients\13527 L.ear\13527.1.Pet.Judgment.wpd\tde Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff V. JEROMY J. SHAY, 317 Stumpstown Rd. Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4891 CIVIL ACTION PETITION TO OPEN OR STRIKE DEFAULT JUDGMENT AND NOW, comes the Defendant, Jeromy J. Shay, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files the following Petition to Open or Strike Default Judgment, averring as follows: 1. Petitioner, Jeromy J. Shay, is an adult individual residing at 317 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent, OSI Funding Corp., is an entity believed to be operating at 2425 Commerce Avenue, Duluth, Georgia 30096. 3. Petitioner is in possession of a Notice that Default Judgment was entered against him and in favor of an entity known as OSI Refunding Corp., operating at 1341 N. Delaware Avenue, Suite 405, Philadelphia, Pennsylvania 19125, on January 17, 2002. 4. OSI Refunding Corp., in whose favor default judgment was entered, is not the same Plaintiff listed above, being OSI Funding Corp. 5. Petitioner is in the process of refinancing an existing mortgage and has made efforts to communicate with OSI Funding Corp. and/or OSI Refunding Corp. to address or resolve the judgment. 6. Petitioner does not recall ever being served or being made aware of an action against him. 7. Petitioner and his attorney have not been able to communicate with any agent of OSI Funding Corp. and/or OSI Refunding Corp. with knowledge of the judgment to verify the validity of the judgment or to resolve the same. In fact, Petitioner's attorney has spoken to both Respondent and the attorney of record for Respondent on six different occasions, but neither Respondent nor their attorney can confirm the validity of the judgment or acknowledge that the amount allegedly owed within the judgment is still outstanding. Though efforts made by Petitioner and by the office of the undersigned counsel, Petitioner has learned from agents of OSI Funding Corp. and/or OSI Refunding Corp. that one or both of the OSI entities merged with an entity known as NCO Group, Inc., operating at 507 Prudential Road, Horsham, Pennsylvania 19044. 9. Petitioner has no information or documentation to verify the relationship between OSI Funding Corp., OSI Refunding Corp., and NCO Group, Inc. 10. Despite diligent efforts to communicate with agents of OSI Funding Corp., OSI Refunding Corp., and NCO Group, Inc., regarding the judgment, Petitioner has not been able to obtain any information with regard to satisfying the judgement and has, in fact, been advised by agents of the responding entities and representatives at NCO Group, Inc., that there is no record of the judgment in their files. 11. The file in the office of the Cumberland County Prothonotary with regard to the above-referenced matter contains only the Notice of Default Judgment issued by Magisterial District Judge Gayle A. Elder on January 17, 2002, and an undated Notice of Judgment by Default bearing a Court of Common Pleas docket number. 12. As a result of the inability of Respondent or any of Respondent's related entities to provide Petitioner with information regarding the existence or satisfaction of the judgment, Petitioner has been unable to proceed with refinancing his existing mortgage and has had to pay a fee to postpone closing; it is unknown whether Petitioner will be permitted to postpone closing a second time and time is of the essence. 13. Petitioner respectfully requests that this Honorable Court open or strike the default judgment in this matter. REQUEST FOR RELIEF FROM DEFAULT JUDGMENT 14. To open a default judgment, Petitioner must show (1) a petition was timely filed, (2) there is a reasonable explanation or legitimate excuse for inactivity, and (3) a meritorious defense exists to plaintiff's action. See Alba v. Urology Associates ofKin sg ton, 409 Pa.Super. 406,598 A.2d 57 (1991); Fink v General Accident Insurance Company, 406 Pa.Super. 294, 594 A.2d 345 (1991); Shultz v. Erie Insurance Exchange, 505 Pa. 90, 477 A.2d 471 (1984). 15. When considering each part of this test, the court should consider each part in light of all of the circumstances and equities of the case. See Miller Block Co. v. U.S. Nat. Bank, 398 Pa. Super. 461, 469-70, 567 A.2d 695, 699-70 (1989), quoting Provident Credit Corp. v. Young, 300 Pa.Super. 117, 130-131, 446 A.2d 257, 263-64 (1982). 16. Petitioner has made diligent efforts to resolve the judgment entered against him when discovered, but has not been able to communicate with any individual within OSI Funding Corp., OSI Refunding Corp., or NCO Group, Inc., or Respondent's attorney of record, who has any record of the judgment. 17. Petitioner is currently bound by a judgment that cannot be located or traced by the holding entity or entities, and Petitioner is therefore bound by a judgment that cannot be satisfied. 18. Petitioner is being prejudiced and injured as a result of the inability of Respondent or any of Respondent's affiliated entities to identify or claim right to the judgment entered against him. 19. For the reasons set forth herein, the equities of the case require the judgment entered against Defendant Shay to be opened or stricken from the record. 20. No judge has ruled upon any issue in this matter. 21. Counsel for Petitioner certifies that the parties, after reasonable effort, are unable to resolve the dispute. 22. Petitioner believes and, therefore avers, that the action which resulted in the judgment was never served upon Petitioner, and that the judgement is either not valid or no longer outstanding. WHEREFORE, Petitioner Jeromy J. Shay respectfully requests that this Honorable Court enter an Order striking the default judgment entered against him. In the alternative, Petitioner requests that an Order be entered opening the default judgment for Petitioner to respond. MARTSON LAW OFFICES By: O etel, S Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 14, 2009 Attorneys for Defendant VERIFICATION The foregoing Petition to Open or Strike Default Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. r . Shay CERTIFICATE OF SERVICE I, Anj anette S. Appleby, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Petition to Open or Strike Default Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: OSI Funding Corp., nka NCO Group, Inc. 2425 Commerce Ave. Duluth, GA 30096 and OSI Refunding Corp. 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA19125 and NCO Group, Inc. 507 Prudential Road Horsham, PA 19044 and David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 MARTSON LAW OFFICES By: Anjanette S. Alleby Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 14, 2009 2009 0 i ' 4 Pt 2, `? OCT " 5 ?0 S Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff V. JEROMY J. SHAY, 317 Stumpstown Rd. Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4891 CIVIL ACTION RULE TO SHOW CAUSE AND NOW, this ??ay of OC,-ft6-Y- , 2009, upon consideration of the foregoing Petition to Open or Strike Default Judgment, it is hereby Ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an Answer to the Petition within twenty (20) days of service upon the Respondent; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) argument shall be held on Pid".e 1-5 -% l in Courtroom of the Cumberland County Courthouse; and (5) notice of the entry of this Order shall be provided to all parties by the Petitioner. Distribution: OSI Funding Corp. n/k/a NCO Group, Inc. ?SI Refunding Corp. ,- ? CO Group, Inc. David J. Apothaker, Esquire Christopher E. Rice, Esquire Cop ?'gs rn. R L-?L BY THE COURT, J. _,. ._ '_ 8FAFILES\C1ients\13527 Lear\13527.1.pet.rule.absolute\tde Christopher E. Rice, Esquire I.D. No. 90916 Jacob M. Theis, Esquire I.D. No. 208631 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff V. JEROMY J. SHAY, 317 Stumpstown Rd. Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4891 CIVIL ACTION PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner/Defendant, Jeromy J. Shay, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files the following Petition to Make Rule Absolute, averring as follows: 1. On October 14, 2009, Petitioner/Defendant, Jeromy J. Shay, filed a Petition to Open or Strike Default Judgment. 2. On October 15, 2009, the Honorable Judge Ebert issued a Rule to Show Cause that required Respondent/Plaintiff to file an Answer to the Petition within twenty (20) days of service of the Petition to Open or Strike Default Judgment. A true and correct copy of the Rule to Show Cause is attached hereto and incorporated herein as Exhibit "A." 3. Petitioner/Defendant served the Rule to Show Cause on Respondent/Plaintiff on October 16, 2009. t 4. To date, no answer has been filed or received by Petitioner/Defendant, nor has Petitioner/Defendant been advised as to when the same may be expected. WHEREFORE, Petitioner/Defendant Jeromy J. Shay respectfully requests that this Honorable Court grant the relief requested in the Petition to Open or Strike Default Judgment and enter an Order striking the default judgment entered against him. MARTSON LAW OFFICES By: 01.4a S /Z-- Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2009 Attorneys for Defendant EXHIBIT "A" It OCT 1 5 200q (A Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff V. JEROMY J. SHAY, 317 Stumpstown Rd. Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4891 : CIVIL ACTION RULE TO SHOW CAUSE AND NOW, this day of 2009, upon consideration of the foregoing Petition to Open or Strike Default Judgment, it is hereby Ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an Answer to the Petition within twenty (20) days of service upon the Respondent; (3) the Petition shall be decided under Pa.R.C.P. No. 206.7; (4) argument shall be held on / in Courtroom -?L of the Cumberland County Courthouse; and (5) notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT, Distribution: OSI Funding Corp. n/k/a NCO Group, Inc. OSI Refunding Corp. NCO Group, Inc. David J. Apothaker, Esquire Christopher E. Rice, Esquire J. TRUE COPY FROM REOORU In TUMMY WWW. I hm unto --?t ? nW Inc ?? d said Court R ir1Y to P e ? CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: OSI Funding Corp., nka NCO Group, Inc. 5100 Peachtree Industrial Boulevard Norcross, GA 30071 and OSI Refunding Corp. 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA19125 and NCO Group, Inc. 507 Prudential Road Horsham, PA 19044 and David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 MARTSON LAW OFFICES By: M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 9, 2009 Fl: E OF Thr. face, ..',yj! r1 Y 2009 NOS' -9 AH `: 3 OSI FUNDING CORP. 2425 Commerce Avenue Duluth, GA 30096 PLAINTIFF V. JEROMY J. SHAY 317 Stumpstown Road Mechanicsburg, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4891 CIVIL ORDER OF COURT AND NOW, this 12th day of November, 2009, upon consideration of the Jeromy J. Shay's Petition to Make Rule Absolute, IT IS HEREBY ORDERED AND DIRECTED that the argument previously scheduled for December 15, 2009, in Courtroom No. 5 shall commence at 11:00 a.m.; IT IS FURTHER ORDERED AND DIRECTED that should no party appear for OSI Funding Corp., the Rule shall be made absolute and Jeromy J. Shay's Request for Relief shall be granted at that time with prejudice. By the Court, -?. ? '`` M. L. Ebert, Jr., J. ./ OSI Funding Corp. n/k/a NCO Group, Inc. 5100 Peachtree Industrial Blvd. Norcross, GA 30071 ZOSI Refunding Corp. 1341 N. Delaware Ave. Suite 405 Philadelphia, PA 19125 RICO Group, Inc. 507 Prudential Road Horsham, PA 19044 avid J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, Suite C306 Mt. Laurel, NJ 08054 Christopher Rice, Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 bas ec 22P9 P ;V 1 2 Fi 1 id L 2 .i i' Ty r. F:\FILES\Clients\13527 Lear\13527.1_ PraecipeToSettle.wpd Created: 03/07/00 0948:31 AM Revised: 12/14/09 12.03:34 PM Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant OSI FUNDING CORP. 2425 Commerce Ave. Duluth, GA 30096 Plaintiff V. JEROMY J. SHAY, 317 Stumpstown Rd. Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4891 CIVIL ACTION PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended with prejudice. APO By David J. Apoth squire 1. D. Sf?2,,? 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 (856) 780-1000 Attorneys for Plaintiff Date: ld#ll0 f CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe to settle, discontinue and end was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 MARTSON LAW OFFICES M hp Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: /o o2 911 TARY 2009 DEC 21 P;i 1: S 0 Cult I t }P`JiY