HomeMy WebLinkAbout08-0769i 1%
LVNV FUNDING LLC ASSIGNEE OF In the Court of Common Pleas of
c/o Edwin A. Abrahamsen & Assoc. CUMBERLAND County, Pennsylvania
1729 Pittston Avenue Civil Division
Scranton, PA 18505
Plaintiff
NO: D-s- 'ro C itvit Term
VS.
SUE FERGUSON PRAECIPE FOR ENTRY OF JUDGMENT
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
Defendant
To the Prothonotary of CUMBERLAND County:
1) Enter Judgment on the attached Certified copy of Judgment from a District Justice.
A) Date of Instrument: 12/03/2007
B) Amount of Judgment: $8,146.62
C) Interest From: 12/03/2007
2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in
the instrument) in favor of the assignee or other transferee;
3) I hereby certify that the address of the plaintiff is:
LVNV FUNDING LLC ASSIGNEE OF
c/o Edwin A. Abrahamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
4) 1 hereby certify that the address of the defendant is:
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
Michael F. Ratchford, Esquire
Edwin A. Abrahamsen & Associates, P.C.
1729 Pittston Ave,
Scranton, PA 18505
570-558-5510 Ext. 101
Attorney ID 86285
micnaei r. tcaicnrora„ r-
I
lCOMMONWEALTH OF PENNSYLVANIA
An[ I NTY CAF CUMBERLAND
Mag. Dist. No.:
09-2-02
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
r
LVNV FUNDING LLC
1729 PITTSTON AVENUE
%EDWIN ABRARMSEN r& ASSOC
L RANTON, PA 18505 J
vs.
DEFENDANT: NAME and ADDRESS
rFERGUSON, SUE
204 WESTPOINT DRIVE
CARLISLE, PA 17013-1674
L J
Docket No.: CV-0000308-07
Date Filed: 9/07/07
MDJ Name: Hon.
JESSICA BRZWBAXZR
Address: 1 COURTHOUSE SQ E APING
CARLISLE, PA
Telephone: 717 ) 240-6564 17013
ATTORNEY FOR PLAINTIFF :
SCOTT J. BEST
1729 PITTSTON AVENUE
SCRANTON, PA 18505
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
(Date of Judgment) 12/03/07
Judgment was entered for: (Name) LVNV FUNDING LLC
Judgment was entered against:
8 (Name)
146 6 FERGUSON, SUE
in the amount of $ '
Defendants are jointly and severally liable.
? Damages will be assessed on Date & Time
F]This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 7,991.34
Judgment Costs $_ 155.21
Interest on Judgment $_Im
Attorney Fees $ • D
Total $ 8,146.62
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.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT-MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
- U ? ?,
lx'3) Date Je AA 4'Q9 Magisterial District Judge
I ertify hat this is a tru an rrect cop f t record of the proceedings containing the judgment.
I ZZ ? Date Magisterial District Judge
My commission expires first Monday of January, 2012 SEAL
AOPC 315-07 K)V? - 0-'? T
DATE PRINTED: 12/04/07 7:48:00 AN v
LVNV FUNDING LLC ASSIGNEE OF
c/o Edwin A. Abrahamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
Plaintiff
VS.
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
Defendant
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
NO:
AFFIDAVIT UNDER SOLDIERS AND SAILORS
RELIEF CIVIL RELIEF ACT OF 1940 AS
AMENDED
State of Pennsylvania
County of CUMBERLAND SS:
Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the
above named defendant(s): SUE FERGUSON; is(are) not in the military service of the United
States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended;
That the defendant(s): SUE FERGUSON; is(are) older than eighteen years of age;
That the employment status of the defendant(s): SUE FERGUSON; is(are) unknown.
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LVNV FUNDING LLC ASSIGNEE OF
c/o Edwin A. Abrahamsen & Assoc.
1729 Pittston Avenue
Scranton, PA 18505
Plaintiff
VS.
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
NO:
Defendant
NOTICE OF FILING JUDGMENT
Notice is herby given that a money judgment in the above-captioned matter has been entered
against you in the amount of $_? 1 In a on oTT
By:
If you have any questions regarding this notice, please contact the filing party:
Edwin A. Abrahamsen & Associates
1729 Pittston Avenue
Scranton, PA 18505
Telephone: (570)-558-5510
(Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC
ASSIGNEE OF
Plaintiff
VS.
SUE FERGUSON
Defendant
CIVIL DIVISION
NO: 08-769
PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S RESPONSES TO
INTERROGATORIES IN AID OF EXECUTION
Plaintiff, LVNV FUNDING LLCASSIGNEE OF, by and through its attorneys,
Edwin A. Abrahamsen &Associates, P.C., files its Motion to Compel the Defendant's
Responses to Interrogatories in Aid of Execution as follows:
I . Plaintiff, LVNV FUNDING LLCASSIGNEE OF,obtained a judgment
against the Defendant in regard to an outstanding, past due and defaulted credit card
account.
2. On February 19, 2008, Plaintiff served Defendant with Interrogatories in
Aid of Execution on the subject judgment. (See, Interrogatories in Aid of Execution dated
February 19, 2008, attached hereto and marked Exhibit "A ". )
3. Defendant failed to respond to the Interrogatories in Aid of Execution
within the time permitted by the Pennsylvania Rules of Civil Procedure.
4. On April 17, 2008, Plaintiff sent a letter to remind the Defendant of the
past due responses and his duty to provide the same. (See, Correspondence to
Defendant, attached hereto and marked Exhibit T ". )
5. Defendant still failed and refused to respond to the Interrogatories in Aid
of Execution or respond to Plaintiffs counsel in any manner.
6. On May 09, 2008, Plaintiffs counsel notified Defendant that he intended
to present to the court the within Motion to Compel Defendant's Response to
Interrogatories in Aid of Execution if Defendant continued to fail to provide the
responses. (See Correspondence to Defendant, attached hereto and marked Exhibit "C")
7. Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should
have responded to the Interrogatories within 30 days.
8. More than 30 days have passed since Defendant was served with the
Interrogatories in Aid of Execution.
WHEREFORE, Plaintiff request this Honorable Court to grant the within Motion
to Compel Defendant's Responses to Interrogatories in Aid of Execution and direct
Defendant to provide full and complete response to the Interrogatories in Aid of
Execution within 20 days upon penalty of sanctions, and that Plaintiff be awarded
attorney's fees, costs and such other relief as the court deems just and appropriate.
submitted,
Edwimsen & Associates, P.C.
BY:v/F.tchford, i
MichEsquire
Heatruff, Esquire
Attor: 86285/207805
120 Ave
Scranton, Pa 18504
Phone: 570-558-5510
Fax: 570-558-5511
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC
ASSIGNEE OF
Plaintiff :
VS.
SUE FERGUSON
Defendant
CIVIL DIVISION
NO: 08-769
PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO COMPEL
DEFENDANT'S RESPONSES TO INTERROGATORIES IN AID OF
EXECUTION
Plaintiff, LVNV FUNDING LLCASSIGNEE OF, by and through its attorneys,
Edwin A. Abrahamsen & Associates, P.C., submits its Brief in Support of its Motion to
Compel the Defendant's Responses to Interrogatories in Aid of Execution as follows:
1. STATEMENT OF FACTS
Plaintiff, LVNV FUNDING LLCASSIGNEE OF, obtained a judgment against the
Defendant in regard to an outstanding, past due and defaulted credit card account. On
February 19, 2008, Plaintiff served Defendant with Interrogatories in Aid of Execution of
the subject judgment. (See Interrogatories in Aid of Execution, dated February 19, 2008,
attached hereto and marked Exhibit "A.') Defendant failed to respond to the
Interrogatories in Aid of Execution within the time permitted by the Pennsylvania Rules
of Civil Procedure.
On April 17, 2008, Plaintiff sent a letter to Defendant concerning the past due
responses. (See Correspondence attached hereto and marked Exhibit "B.') Plaintiff still
failed and refused to respond to the Interrogatories in Aid of Execution or respond to
Plaintiffs counsel in any manner. On May 09, 2008, Plaintiffs counsel notified Defendant
that he intended to present to the court the within Motion to Compel Defendant's
Response to Interrogatories in Aid of Execution if Defendant continued to fail to provide
the responses.(See Correspondence to Defendant, attached hereto and marked Exhibit
"C.') Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have
responded to the Interrogatories within 30 days. More than 30 days have passed since
Defendant was served with the Interrogatories in Aid of Execution.
II. QUESTION PRESENTED
Whether Plaintiffs Motion to Compel Defendant's responses to discovery requests
should be granted when the responses are more than 30 days past due.
Suggested answers: Yes
III. LEGAL ARGUMENT
Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have
responded to the Interrogatories in Aid of Execution within thirty (30) days after service
thereof.
More than thirty (30) days have passed since defendant was served with the
Interrogatories in Aid of Execution, however, Defendant has not answered, objected or
responded in any manner to the Interrogatories or to the notice sent by Plaintiffs counsel.
IV. CONCLUSION
Plaintiff requests this Honorable Court to grant the within Motion to Compel
Defendant's Responses to Interrogatories in Aid of Execution and direct Defendant to
provide full and complete response to the Interrogatories in Aid of Execution within
twenty (20) days upon penalty of sanctions, and that Plaintiff be awarded attorney's fees,
costs and such other relief as the court deems just and appropriate.
Respectfully submitted, --
Edwin A. A amsen & Associates, P.C.
Michael F atchford, Esquire
Attorne . No.: 86285
VERIFICATION
I, Michael F. Ratchford, Esquire, attorney for Plaintiff, LVNV FUNDING
LLCASSIGNEE OF am fully familiar with the facts set forth in the within Motion to
Compel Defendent's Response to Interrogatories in Aid of Execution and am authorized
to make this Verification on behalf of Plaintiff. I verify that the facts set forth in the
within Motion are true and correct to the best of my knowledge, information and belief. I
know that any false statements are punishable by law pursuant to 18 C.S.A. §4904.
1AA
EDWIN A. AIRAHAA{SFN
MICHAEL F.RATCHFORD
SCOTT 1 REST'
'ALSO REISER OF NJ BAR
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
THE LAW Off ICE Of
EDWIN A ABRAHAMSEN & ASSOCIATES, P.C.
WWW.EAA-LAW.COM
February 19, 2008
RE: NCO FINANCIAL SYSTEMS, INC/LVNV FUNDING LLC vs. SUE
FERGUSON
File # N07-0387 Balance: $8,093.81
Dear Sir/Madam:
Enclosed please find Interrogatories for Discovery of Assets in Aid of Execution, which
have been propounded in accordance with the applicable Pennsylvania Rules of Civil Procedure.
Full and complete instructions concerning your duty to Answer and the penalties for failure to
Answer are contained in the Interrogatories. Please read the instructions carefully.
You are to note your answers on the original and return it to this office after it is properly
notarized.
Please be aware that under the Rules of Court, we can and will, have our attorney's fees
and expenses of all discovery Proceedings and Sanction Hearings charged against you as
"additional costs" for which you will be responsible.
In the alternative, you may make arrangements to pay the balance owed before the thirty
(30) days to Answer the Interrogatories expire. Either the balance must be paid to us or the
Interrogatories answered within thirty (30) days from the receipt of this letter.
This is an attempt to collect a debt and any information obtained will be used for that
purpose. This is a communication from a debt collector.
Edwin A. Abrahamsen & Associates, P.C.
. ACA 4w„<
Scott J. Best, Esquire
1729 PITTSTON AVENUE SCRANTON, PA 18505 (P) 570.558.5510 (F) 570.558.5511
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
NCO FINANCIAL SYSTEMS, INC, assignee of
LVNV FUNDING LLC
Plaintiff
-vs- NO.08-769
SUE FERGUSON
Defendant
INTERROGATORIES FOR DISCOVERY OF ASSETS IN AID OF EXECUTION
DIRECTED TO JUDGMENT DEBTOR
Because you have failed to pay the full amount of the Judgment previously entered
against you, the Judgment-Creditor, to who you are indebted, has a right to attempt to enforce
that Judgment by a Judicial Sale (Sheriffs Sale) of your assets; and has a right to inquire
concerning the existence and location of those assets.
Therefore, pursuant to the applicable Rules of Court, you are required to make full and
complete Answers to the questions set forth in the following pages. These Answers must be
made in writing, under oath, within thirty (30) days after service upon you.
You are warned that, should you fail to do so, the Court may make an Order imposing
punishment for Contempt of Court.
Please, if you do not understand your duty to answer these questions, you should consult a
lawyer. If you do not have or know a lawyer, then you should find out where you can get legal
help, such as your local County Bar Association or Lawyer Reference Service.
PORTIONS OF THE APPLICABLE PENNSYLVANIA RULES OF CIVIL
PROCEDURE CONCERNING DISCOVERY OF ASSETS IN AID OF EXECUTION
" Rule 3117. Discovery in Aid of Execution.
(a) Plaintiff, at any time after judgment, before or after the issuance of a writ of execution,
may, for the purpose of discovery of assets of the defendant, take the testimony of any
person, including a defendant or a garnishee, upon oral examination or written
interrogatories as provided by the rules relating to Depositions and Discovery ......
(b) All reasonable expenses in connection with the discovery may be taxed against the
defendant as costs if it is ascertained by the discovery proceedings that he has property
liable to execution" (emphasis added)
" Rule 4005. Written Interrogatories to a Party.
(a) ......any party may serve upon any other party written interrogatories to by answered by
the party served...... who shall furnish such information as is available......"
" Rule 4006. Answers to Written Interrogatories by a Party.
(a) (1) Answers to interrogatories shall be in writing and under oath. The answers shall be
inserted in the spaces provided in the interrogatories. If there is insufficient space to
answer an interrogatory, the remainder of the answer shall follow on a supplemental
sheet.
(b) (2) Each interrogatory shall be answered fully and completely unless objected to, in which
event the reasons for the objection shall be stated in lieu of an answer.... The answering
party shall file and serve a copy of the answers and objections, if any, within 30 days
after the service of the interrogatories....."
"Rule 4019. Sanctions.
(a) (1) The court may, on motion, make an appropriate order if
(i) a party fails to serve answers, sufficient answers, or objections to written
interrogatories under Rule 4005....
(c) The Court, when acting under Subdivision (a) of this rule, may make......
(4) an order imposing punishment for contempt....." (emphasis added)
INTERROGATORIES
1. Please state the following:
(a) The full name, age and Social Security number of the person who is answering
these Interrogatories.
ANSWER:
(b) Phone number, address and how long at this address.
ANSWER:
2. REAL ESTATE: Do you have an ownership or interest in any real estate anywhere in the
United States? If so, set forth a brief description thereof, included the structure and lot size and
type of construction; the location, including the state, county and municipality; the volume and
page number of the official record thereof; and state further whether you own is solely or together
with any other person or persons and give their full names and addresses.
ANSWER:
(a) State the present Fair Market Value of the property, and what the Fair Market
Valuation is based upon.
ANSWER:
(b) If any of the above properties are mortgaged, supply the names and addresses
of lenders, the date and amount of the mortgage, where it is recorded, the monthly
payments and the balance now due.
ANSWER:
3. AGREEMENTS: State whether you have any agreements involving the purchase of any real
estate anywhere in the United States. If so, state with whom this agreement is made, and state
whether or not any persons are joined with you in the agreement. Supply full names and
addresses of all parties concerned. If the said agreement is recorded, provide the state and county
of recordation, volume and page numbers.
ANSWER:
4. MORTGAGES: State whether you own any mortgages against any real estate owned by any
other person in the United States. If so state whether or not you own this mortgage with any other
person or persons and, if so, supply their full name and address. State further the names and
addresses of all borrowers and the state and county where said mortgage is recorded together
with the number of the volume and the page number.
ANSWER:
3. DEBTS NOTES AND JUDGMENTS: State the names and addresses of any and all persons
whom you believe owe you money and set forth in detail the amount of money owed, the terms
of payment and whether or not you have written evidence of this indebtedness, and if so, the
location thereof. Also state if the matter is in litigation, and if so give full details. If you hold a
Judgment or Judgments as security for any of these debts, state where and when the Judgment
was recorded; and the County, number and term where the Judgment is recorded. If you hold this
Judgment or Judgments jointly with any other person or persons, give their name and address.
ANSWER:
G. INSURANCE: State whether or not you are the owner of any life insurance contracts. If so
state the serial or policy number or numbers of said contract, the face amount, the exact name
and address of the insurance company, the named beneficiary or beneficiaries and their present
address. State also the Present Cash Value of the policy. If you own this insurance jointly with
any other person or persons, give their name and address.
ANSWER:
7. GOVERNMENT, MUNICIPAL or CORPORATE BONDS: State whether or not you own
individually or jointly any corporate or government bonds. If so, include the face amount, serial
numbers and maturity date and state the present location thereof. If you own any of these Bonds
jointly with any other person or persons, give their name and address.
ANSWER:
8. STOCKS, SHARES or INTEREST: State whether or not you own any stocks, shares or
interest in any corporation, or unincorporated association or partnership interest, limited or
general and state the location thereof. Include the names and addresses of the organizations and
the serial numbers of the shares or stocks. If you own any of the Stocks, Shares or Interest jointly
with any other person or persons, give their name and address.
ANSWER:
9. ACCOUNTS: State whether or not you maintain any checking or savings accounts. If so, state
the name and location of the banks or savings and loan association or building and loan
association or credit union and the branch or branches thereof, the identification numbers of
those accounts, and the amount or amounts you have in each account. If you maintain any of
these jointly with another person, give their name and address.
ANSWER:
10. SAFETY DEPOSIT BOXES: State whether or not you maintain any safety deposit box or
boxes. If so, include the name of the bank or banks, branch or branches, and the identification
number or other designation of the box or boxes. Include a full description of the contents and
also the amount of cash among those contents. If you maintain any of these jointly with another
person, give their full name and address.
ANSWER:
11. TRANSFERRED ASSETS AND GIFTS: If, since the date upon which the debt herein was
first incurred to the Plaintiff herein, you have transferred any assets (real property, personal
property, chose in action) to any person, and/or, if you have given any gift or any asset, including
money, to any person; set forth, in detail, a description of the property, the type of transaction,
and the name and address of the transferee or recipient.
ANSWER:
12. INHERITANCES: State whether or not, to your knowledge, you are now or will be a
beneficiary of or will inherit any money from any decedent in the United States, and state the
place and date of death, the legal representative of the estate, and the location of the Court where
the said estate is administered or to be administered.
ANSWER:
13. ANNUITIES: State whether you are the beneficiary of any trust fund, and if so, state the
names and addresses of the trustees and the amount of the payment and when the payment is
received.
ANSWER:
14. PERSONAL PROPERTY: State whether or not you own any personal property. Include a
full description of all furnishings and any other items of personal property (including jewelry)
with full description, value and present location. State also whether or not there are any
encumbrances on that property and if so, the name and address of the encumbrance holder, the
date of the encumbrances, the original amount of that encumbrance, the present balance of that
encumbrance and the transaction which gave rise to the existence of the encumbrance. If you
own a personal property jointly with any other person or persons, give their name and address.
ANSWER:
15. MOTOR VEHICLES: State whether or not you own motor vehicles. Include a full
description of such motor vehicles including color, model, title number, serial number and
registration plate number. Also show the exact name or names in which the motor vehicles are
registered, the present value of those motor vehicles and their present location and place of
regular storage, garaging or parking. State also whether or not there are any encumbrances on
those motor vehicles and if so, the name and address of the encumbrance holder, the date of the
encumbrance, the original amount of that encumbrance, the present balance of the encumbrance
and the transaction which gave rise to the existence of the encumbrance.
ANSWER:
lb. PENSION: State whether you are a participant in or the recipient of any pension or annuity
fund, and if so, state specifically the source of payment, the person to whom such payments are
made, the amount of the payments and date when those payments are received.
ANSWER:
17. RENTAL INCOMES: State whether you are the recipient, directly or indirectly, of any
income for the rental of any real or personal property, and if so, state specifically the source of
payment, the person to whom such payments are made and the amount and date when those
payments are received.
ANSWER:
18. OTHER ASSETS: If you have any asset or assets which are not disclosed in the precedin
Interrogatories, please set forth all detail concerning those assets. g
ANSWER:
Edwin A. Abrahamsen & Associates, P.C.
DATED:_ BY:
4 ftsfor
Plaint iff (s)
AFFIDAVIT
COUNTY OF CUMBERLAND )
COMMONWEALTH OF PENNSYLVANIA )
SS
Before me, the undersigned authority personally appeared
who, being duly sworn according to law, deposes and
says that the foregoing Answers to Interrogatories For Discovery of Assets in Aid of Execution
are true and correct to the best of the affiant's knowledge, information and belief.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS DAY OF
,20
NOTARY PUBLIC
AFFIANTS SIGNATURE
AFFIANTS ADDRESS
TITLE OF OFFICIAL
EDWIN A. ABRAHAMSEN THE LAW OFFICE OF
MICHAEL F. RATCHFORD EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C.
SCOTT J. BEST'
*ALSO MEMBER OF NJ BAR WWW.EAA-LAW.COM
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387 April 17, 2008
RE: Creditor: NCO FINANCIAL SYSTEMS, INC
Original Creditor: LVNV FUNDING LLC
Original Account Number: 5121071843977970
Balance Due: $8,170.00
Our File #: N07-0387
Dear SUE FERGUSON:
You recently received a series of Interrogatories in Aid of Execution from Edwin A. Abrahamsen
& Associates, P.C. regarding a judgment that has been obtained against you by LTIAWFUNDING
LLC ASSIGNEE OF. According to the Pennsylvania Rules of Civil Procedure, you had thirty
days to provide this office with your reply to the interrogatories. To date, my office has not
received a reply. Please provide an answer to these Interrogatories, or contact our office within
the next 15 days, or appropriate steps may be taken with the court to compel you to answer them.
This is an important matter that requires your attention.
Very truly yours,
l' '
SO'Best, Esq,
P
Edwin A. Abrahamsen & Associates, P.C.
This is a communication from a debt collector in an attempt to collect a debt. Any information
obtained will be used for that purpose.
1 729 PITTSTON AVE. • SCRANTON, PA 1 8505 • (P) 570.558,551 ? . (F) 570.558,551 1
EDWIN A. ANRAHAMBEN THE LAW OFFICE OF
MICHAEL F. RATCHFORD EDWIN A. ASRAHAMSEN & ASSOCIATES, P.C.
GCDTT J. BEST'
'ALSD MEMBER CIF NJ BAR WWW. EAA-LAW. COM
May 9, 2008
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
Re: LVNV FUNDING LLC ASSIGNEE OF v. SUE FERGUSON
CUMBERLAND County Civil Action No.; CV-308-07
Our File #: N07-0387
Dear SUE FERGUSON:
As you know, on February 19, 2008, you were served with Interrogatories in Aid
of Execution in regard to the above-noted matter, to which you have failed to respond. As
a result, please be advised that if I do not receive your responses within ten (10) days of
the date of this letter, I intend to file a Motion to Compel your Responses to
Interrogatories in Aid of Execution in the CUMBERLAND Court of Common Pleas.
If you wish to discuss this issue or a reasonable resolution of this matter, please
contact me at 570-558-5510.
Thank you.
sen & Associates, P.C.
Edwin bra 'am
Michael F. chford, Esq.
This is a communication from a debt collector in an attempt to collect a debt. Any
information obtained will be used for that purpose.
1 729 PITTSTON AVE. • SCRANTON, PA 1 a505 • (P) 570.556.55 1 11 • (F) 570.558.551 1
LVNV FUNDING LLC
ASSIGNEE OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL DIVISION
Plaintiff
NO: 08-769
SUE FERGUSON
CERTIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire, hereby certify that I caused a true and correct
copy of the within Motion to Compel Defendant's Responses to Interrogatories in Aid of
Execution, Brief in Support thereof, Notice of Presentation and Proposed Order via first
class United States Mail, postage prepaid on the date set forth below upon the following:
SUE FERGUSON
1039 NORTHFIELD DR
CARLISLE PA 17013-1387
Date: PI)
Defendant
FILE[K',rl^E
OF IHE PROTH0140TARY
2009 OCT -2 PM 12= 4 9
GUrY kt ?' 4i., "-,U!; :
LVNA FUNDING LLC IN THE COURT OF COMMON PLEAS OF
ASSIGNEE OF CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
SUE FERGUSON, ;
DEFENDANT NO. 08-769 CIVIL
ORDER OF COURT
AND NOW, this 20th day of October, 2009, upon consideration of Plaintiff's
Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution,
IT IS HEREBY ORDERED AND DIRECTED that Defendant shall serve
full and complete answers, without objection to the Plaintiff's Interrogatories in
Aid of Execution within 20 days of personal service or service by certified mail
return receipt requested of this Order upon the Defendant.
IT IS FURTHER ORDERED AND DIRECTED that if the Defendant fails to
provide the requested discovery, the Plaintiff shall file a Motion for Sanctions
which sets forth compliance with said proof of service, at which time a hearing
will be scheduled.
By the Court,
Michael F. Ratchford, Esquire
Attorney for Plaintiff
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M. L. Ebert , Jr., J.
FL
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2009 OCT 21 Ati 9, 0