HomeMy WebLinkAbout10-1491?OE 111E PROTHONOTARY
IN THE COURT OF COMMON PLEAS OF 2010 MAR -3 PM 3: 04
CUMBERLAND COUNTY, PENNSYLVANIA
LVNV Funding LLC AS ASSIGNEE OF
Sears CIVIL ACTION PEiNN 'h.VANA
15 South Main Street
Greenville, SC 29601
Plaintiff :
VS. NO: 10 - 1 ?q f C7 u t (.
Penelope A Zayas
80 LENWOOD PARK
SHIPPENSBURG PA 17257-8841
Defendant
NOTICE TO DEFEND
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 to
Defend are served, by entering a written appearance personally or by an 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 ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
O
9 4;t .oo01?
? y?ys
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LVNV Funding LLC AS ASSIGNEE OF :
Sears CIVIL ACTION
15 South Main Street
Greenville, SC 29601
Plaintiff
VS.
NO:
Penelope A Zayas
80 LENWOOD PARK
SHIPPENSBURG PA 17257-8841
Defendant
to -l yfl c,V" / 44-IF4
COMPLAINT
Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen &
Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff') is a Delaware corporation
with a principal place of business located at 15 South Main Street Greenville, SC 29601.
2. The Defendant Penelope A Zayas (hereinafter "Defendant") is an adult individual
residing at 80 LENWOOD PARK SHIPPENSBURG PA 17257-8841.
3. At all relevant times herein, Plaintiff was engaged in the business of debt pruchase
and collection.
4. Defendant applied for and received a credit card issued by Sears with the account
number 5049940108018481.
5. The within account was sold by Sears to LVNV Funding LLC for valueable
consideration and all rights under said accounts were assigned to Sears
6. Use of the Sears credit card was subject to the terms and conditions of the
Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the
Defendant with the credit card. A copy of this document is attached as "Exhibit A".
7. Defendant used the Sears credit card with account number, 5049940108018481,
for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted
acceptance of the terms and conditions and subjects the Defendant to the terms and conditions
contained therein.
8. The Defendant was mailed monthly account statements relative to the Defendant's
use of the subject credit card.
9. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
10. The account became delinquent on May 2, 2007.
11. The principal amount was $$9,317.61 at the time of charge-off.
12. Pursuant to the account agreement, any unpaid balance accrues interest at the
contract rate of 6%.
13. The total amount due and owing the Plaintiff including interest, is $10,529.15.
14. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court
costs and reasonable attorney's fees.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of
$10,529.15 plus costs of suit and any other relief as the Court deems just and appropriate.
Edwin A. ,Abr
Michael F. Ra
Heather K. W
Attorney I.D.
120 North Ke;
Scranton, PA
y+tf, Esquire
86285/207805
* Ave.
504
law.com
-law.com
Phone: 570-558-5510
Fax: 570-558-5511
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC HIPS, am fully
familiar with the facts set forth in the within Complaint and am authorized to make this
Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are
true and correct to the best of my knowledge, knowing that any false statements are punishable
by law pursuant to 18 C.S.A. 4904.
0
ga's
(dy Pericr$ic Rate Finance Charges
Saws Regular and Extemal Regular Pumhaos:
For Sears regular and External regular purchases the daily periodic rate and the corresponding ANNUAL PERCENTAGE RATEMy way from rnonfh to month. TIM
ANNUAL PERCENTAGE RATS will be determined by adding 6.99% to the U.S. Prim Rate as pub9dW in 71a Wag SliseWbutzitan the first business day of eaot
month. TWs rate will be applied In all bOV cycles with a Billing Date In the following calendar month. The daily periodic rata Ic't wm Charge win be deterwtined b9
multipipimg the ending balance of the day by the daily variable periodic rate. The daily periodic rate will be equal to i/Mth of fins ANNUAL PrEIRCENTAGE RATS
Cash Access Traasactfons:
For Cash Access transactions the daily periodic rate and the corresponding ANNUAL PERCENTAGE IRATE mW vary from month to month
The ANNUAL PERcEHTwa RATE win be determined by adding 1o.8o% to do U.S Prime Rate as published in The Waff Sfreacicurnal on the W brtat ma daq
of each mortttt. 7bb We will be applied In all bung cycles with a Billing Data in the fcdkr*ktg calendar month. The dally pollock mbFkmm Charge will be detamrtirm
by multiplying the ending balance of the day by the daily varlable periodic rate. The daily periodic rate will be equal to 1/365t#t ofthe ANAL PERCENOk E RATE
Variable Rates:
The U.S. Prima Rate was 4.75% as of February 1. 2002. Adding 6.99% to that U.S. Prime Rate on Sears regular and Edaind regularrpurchases rtfs in
corresponding ANNUAL PERCENTAGE RATE of 11.74% for air billing cycles with a Billing Date h March 2002. Adding 1 to that U.S. Paiute Ralson Cast
Access transactions rea is In a corresponding ANNUAL PERCENTAGE RAPE of 15.55% for all bluing cycles with a Bliffng Dab in Match 2002. At that i th
ate, perloft rate was 0.0322% for Sam
Well Street J or the first business day of this month o Access p11bermcMum 1b 1-86694M determine lira craremt U,% Prim Rate
w* the ""Money Hates' section of regular and External
All Balances:
If at any time we do not receive the Minimum Due by the time and in the manner specified in section ON In cider to be credled as of the Payment Due DsK fc
two consecutive billing cycles, the terms of any No Finance Charge Balances and/or Deferred Payment Balances may be caricallied and all baian s will becom
subject to a higher ANNUAL PERCENTAGE RATE that may vary from month to month, beginning with the bffRtg cycle a1trOw bang cycle In wlilch we do arc
receive the second M inirntan Due by such time and In such mersarr. This ANNUAL PERCENTAGE RATE will be dew ley adding 1825% to the U,& Friar
Rate. As of Feb many 1. 2002. the U.S. Prime Rate was 4.7596. Adding 1925% to that U.S. Prime Rate would result In mANNUAL PERCENTAGE RATE c
24.00% (dally periodic rate of (LA658%) ford billing cycles with a Billing Date In March 2002. This rate will continue to Be appYsd"we trove raceWed. by th
time and In the manner specified In section 9(b) In order to be credited as of the Payment Due Date. the Mlnknurn Due for sk Ohre faits cychm At tits
time. we may reduce the daffy periodic rate to the rate then In effect for Seers regular purchases, Extents/ regular purcl aerss and Cash Access tarensaxdcn
beginning with the following billing cycle. A higher ANNi)AL PERCENTAGE RATE will result In a higher Finance Charge and psrtps a greater Ma inkmmr Dm
sm 341
ax;s+s g your pthacy rights
ou do not want Sears Credit to share information related to
our account, please complete the attached form and mail it to
s in the enclosed envelope at the address provided. Please note
.*at your request is subject to the limitations and restrictions
mdbed above.
i,4FORTANT: Your request on the attached form is specific
3 this Sears Credit account.
F you have more than one account with Sears Credit and
ou do not want us to share information related to your other
tcounts, you must complete a separate request form for
ach of those accounts and return them to Seats Credit.
;his notice has been sent only, to the person who receives
f:e monthly statement on this account Qsrimary user).
f more than one person is authorized to rise this account,
hen the primary user's privacy request will apply to all other
urhorszed users. If you are an authorized user of this account,
cut not the primary user, and you wish to snake your own
privacy rcguesr to as, please write to Sears Credit, P.O. Box
1II014, Cleveland, OR 44181-8014. We will mail you a
.?parate form to matte your request.
:p"
nish/Espafiol
!ca tiro request a SpMlish version of the Sears Credit
Irarcial Information Piivacy once by writing to us at
> 0. Box 818014, Cleveland, OH 44181-M14.
Financial Information
Privacy Notice
From Sears National Bank
and Sears, Roebuck and Co. ("Seats'),
as its agent ("Sears Credit* or "Wel
Notes This notice applirs to the i0matian you provide to Sean
Credit and does not apply to customer i#rmadm eolla d by the
Sean family of buriaesres for retail rind other non-fmaneial psapaM
our Privacy Promise toVou
Ve value the trust you place in Sears Credit, Seam and die
companies Sears owns and operates ("affiliates"), and we want
to return that trust by protecting your privacy. We have created
this brochure to help you understand what information we
gather about you, how we use it and how we protect ir.
1:xed podra solicitar un versinn en espafiol de la Notification de
'rivaeadad de la Information de Credito financeira de Sears
•acribiendonos al P.O. Box 818014, Cleveland, OH 44181-8014.
Jae the attached form if yoiz wish to ewe your rights to limit
he information Sears Credit shares among the Sears family of
wsinesses. Please be aware that exercising d%cm rights may result in
,our removal from some mailing lists, winch may prevent }rou from
eceiving communicadbus from us about money-saving offers
ndlor valuable benefits.
Iyou choose to return the attached form, pl4sse mail to:
imrs Credit
?.O. Box 182392
-olurahus, ON 43218
'lease do NOT include any other carcesptordente.
Sears Credit does not rent or sell your customer information
to outside marketers. However, we may share your information
within the Sears family of businesses, which includes all Sens
affiliates, as well as other businesses with which Sears has a
relationship and which have agreed to adhere to Sears standards
of privacy, service and quality. Ifwe were to sell all or part of
one of our businesses, we may also share your information
related to that business as part of the sale.
Sears Credit has developed security procedures designed to
protect your information. Employee access to your information
is restricted on a "need to know" basis, and our employees are
educated about the importance of safeguarding your information
and QrZenting unauthorized access, disclosure and use of
that information.
Your Rights
Sears Credit gathers your information in an effort to provide you
with exceptional service and offers that will be of interest m you.
As gou'll see in more detail below, you have the right to prevent
us from sharing information related to your credit account with
members of the Seats family of businesses that are not affiliates
of Sears Credit or Sears. You also have the right to tell us not to
share certain pieces of information with our affiliates.
It is important to note that ifyou choose to prevent w fpm
sharing your information, you may no longer receive liv?
monry-saving t fferr andlar vaGtable benefru from th
oe
Smw
amity of• busrnesset !
1 cLBAtCRt Rev. 2M2
About the infortnation wee 60110ct
we
To serve you better and communicate an a more personal lev4
collect information from these sources (examples are for illustration
purposes and are not a complete list of sources of information):
• Applications and other forms with your name and
contact information.
• Computer "cookies," which tell us about your Internet-
service provider and browser.
• Your Sears Credit account, which includes information like your
account balance, payment history and purchase details.
• Consumer reporting agencies, which tell us your credit history,
for example.
• Third party sources, who, for example, may provide
- demographic information (age, gender, household size, etc.)
- information about your purchases from other businesses
trailing lists.
About the husmesseas vAth wham um
share your information
J WHAT wF®Ftwwrion
Type of BUSINESS WE MAY SHARE
Outside Contractors and
Service Providers
These are companies such as
printers or Sears Dealer stores that
perform services on scars Credits
and Sears behalf. This category also
includes other fmaneial institutions,
such as insurance companies. with
whom Sears Credit has joint
marketing agreements.
Exempt Third Parties
This includes companies that process
our financial produce and services,
companies that maintain and
safeguard our account information,
debt collectors, certain companies
connected with the sale of all or part
of one of our businesses, and
governmenc agencies as necessary
to respond to legal subpoenas and
other legal processes.
We may share the following infomuulen
swidr Outside Contractors and
Scrdnee Providers:
• Your name, contact information
and account number. Your account
number will be encrypted if it is
shared with companies offering
mul ecing services.
• Your purchase history and
demographic data.
• The account information
necccaty to process your
account purchases or otherwfsc
service your account.
We arc permitted by law co
share financial information
about you with Exempt
'third Panics as necessary.
- WHAS
TYPE OF BUSINESS VVF MAY G" M
Af draws
lltese are businesses awned
and operated by Seats.
Examples include Sears department
scores, Seats.com. Sears-ownCd.
home improvement businesses,
Sears insurance companies and
scars proprietary catalogs (Including
Wish Book and Craftsman Power
and Hand Tool Cacalog).
Credit Account fnfirmatio,x
The law awhoctes Seas Credit to
share with our affffaits information
about your aroouna weh as the
name and address limns on your
account, your account- balance and
you, payment hist-oty.
Other Informatics We tray 21-
share personal financial information
gathered from yaw appGraation.
aMir reporting age>ma or third-
party demographic information.
You may direct Scars Credit not to
sham this Other Info,mation with
our affiliate by fillioig in the
corresponding: cirde on the
enclosed Earn and mailing it to
Sears Credit-
Non-Affiillatrs
Sears Branded (A)
'these are Sears franchises and
licensees--companies that provide
Sears-branded products and services
but that are not owned or operated
by Scats
Examples include-
• Sears Shop-At-Home catalogs.
such as apparel, home fashions
and health care catalogs.
• Sears branded retail products and
services, like Sears Portrait Studio,
Seats optical and Sears Flowers.
• Sean branded home products and
services such as kitchen and bath
remodeling and patio enclosures.
• Seats branded dubs and services
like motor dub.
Sears co-Branded (B)
These are third parry companies
that offer co-brandtd products
and servicei with Sears.
We may share die following types
of information:
• Your name, address and
telephone number.
• Your purchase history and
demographic dare.
• An encrypted version of your
account member that may only
be used to pmem purchases
you male with you Scats
Credit account-
You may ptt:+- Seats Credit
from sharing your information
with these noa affiln by filling
in the corresponding circles on
the endow form and mailing
it to Sean Credit.
Vermont residents: 'As required by state law, Sears Credit will not share your
account information with Sears-branded or co-branded 'Non-Affiliates or
your "Other Ireformation" with our Affiliates withoutyout permission.
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If you make jorpm ut In any otter wayq and we accept 1% we wX not have
wrlved asr(ghI fa cNIsctanyarwutt 8om you oOV under ft Agreement
(d) Application of Payments. The order In which payments are applied to
whidual transactions an yourAccmurd Is determined by the living and type
of charge. GensrobA payments. eceroed will be applied In the following order.
Seers Credit Protection Plan trop actions or Sacra AccowttCaro fee% billed
Finance Chargm previous balances, current balances. Doloned Payment
Balances In the order In which Deferred Payment Balances expire, and then
No Firwnce Charge Balances to the order In which No Finance Charge
Balances expire. Payments will be appliedr whMn previous and current
balances In the following order Sears tional baftwAs, External
p,wnodonall beta ces, Cub tromogohd bsbnc?ea, ow BaNncea, S.
regular balancess. External tagtfar balances, teas wookldfog Cash Access
less, Cash Access fees and than fah Access regular batemxs. Within each
purchase We category, payments will be applied to charges In the order that
duty ware made. If more than one dump In any purchase type category Is
made to your account an the came dale, payments that we allocated to cwt
category will be applied Drat to the lowest priced Itarn(s) In that category.
Hmovar, certain pranolbns thatwe may offertrdm data to dma may provide
a spacial method dallocatingpayments. Anysuch special allmil nmethod
will be explained In the materiels relating to a particular promotion. 8 you take
advmaage of any such pranotiort, gwnwo will apply payments In the manner
dos abed h the materiels relating to that promotion.
(e) Skip a Paymen4 Uurdar Rine Silp a Perymard promotion, when offered by us,
you may aivrd not to make die t?grrknurn Due nor the designated imh9 cycle.
Howeva4 Fkmenoe Charges wu'H! rasrhlrwe to ecaue duriog the padod of
Payment delamal nod you etH moral pay any Inaerance cJrergas due.
SPECIAL PROGRAMS
-Section 7(. SPECIAL PROMOTIOHB. Farm erne to time, we may offer special
promotions. under which purchases at goods or services. balance ranters or
Cash Access transactions may be billed to your Account with special
promotional terms. The Finance Charges. mivknurn payment. application of
payments and offwr terms for spacial promotions may difter from the standard
terms described In this Agreemer and as may be shown on your Account
Statement. The standard terms of this Agreement apply. to any spacial
promotion, except whom changed by the spacial promotion. Except to tiw
extent nrodited by ttte terns of the spacial promotion, standard terms wlf
contkale to apply to any and an transactions that we not subject to a special
Pmmfbn. B you elect a spacial promotion, you agree to the terms of the
promotion and urxfmstand that" tupald balance related to the Special
rem Purcwill be subject to " standard term for Sam hases or Cob Access trions (sae Section 12) 'whom me
promotional Pmbd ends. We am not rocirhtredto give you advance miles before
resuming of shading to bar you acwrdMg to the standard terms described in this
Agreement \bu understand that Ms lams of any special promotion may be
cancelled tat any lime you ere In deft underWar Agreement (pee Seaflon 20).
If youaes In data* wider Rob Agreamea%you may not be eligible for any spacial
pti m florm Spatial Promotion balances on which payments are deferred as
retorted to as 'DehmW Paymofa aetatces' in this Agreement. Special
promodon bates on which there are no Finance Charges assessed or
Paymerd required during the prww&r%W pedod are referred to as "No Finance
Chortle Batancea' In this Agreemera.
Section 11- REWARDS PROGRAMS, Fmm time to time. bonus point, rebels,
merchandise Cmdgcate or other IneerOve programs may be offered by us or
others In conjunction with the Account rRswards Programs"). These pogroms
may trctude a peBctpa ion het. You agree glen a Rewards Program only apples
during the Wort opectbd by t* tar fee particular program. and only for the
transae:iah[s) speoldsd. Rewords P109MM partidpatlon may be cancelled 9 at
any *no You am In defeat under dfL* Ageeamant You also agree that the
Rewards Pnegram points or credits may have no monetary value and may only
be used as speN9ed under fins Hevards Program. We may, at any time and
subJect to applicable law, change try farm or condWon. or add any term or
condition. to any Rewards Pogroms wt i t RtRoa ce to you. You understand and
agree flat any Rewards Program points or creche will be forfelted knmediately
upon dolma of the Account by you or us.
FINANCE CHARM AND ORM CHARM
Section 12. FINANCE t,`HARGM See tlw enclosed estptmhatlmt of
periodic rate °Fhance ChwgW tut will apply to yotr account
Section 1S. tA'EE PAYMENT FEE If you tell to Pay any Mk*m m &0 In
the thna ant manner specrred in section 9" to be exaYbd as of As
Payment Due Dater, we may charge. and you agrab to Pay. a late P It
fee of 529.00.
Section Including an elect payment,1110 is roM rrmakmkartedslQatd
for any reason, we may Margo, and you agree to pay, a rehrardpoijawd
fat of 32gA0. Al our option, tw Trey assn 1Ms clmr9e tlwtlratlineVour
payment Is not honored or raaatled, aver If it le.pdd upon mwbmbslorL
Saction IL VVIN&O dWW to your Account
that cause the b to exceed your CredR Wra, we may charge and
you some to pay an over cradt live fee of $24.00.
SecOm 18. tyTHER FEES.
(a) Cash Access Transaction Fes, It you uONza Cash Atxms or Bolows
Transfers. we may charge, anti you agree to pa% a FIQ84NGE
CHARGE ofS% of the Cash Access or Balance Trarrsftrtr t,
but not less that $5.00.
(b) ComaNence Check Slop Payment Pea If a Convenience check is
slopped at yap mq'ML we may charge, and you agree to pas a
stop payment-foe of M.W.
It:) Return Convenience Check Fee. If we decline to honoe a
Convenience Check because the amount of the check would cause
the balance to exceed your Cash Access line, you are in defad (Sae
Section 20), you did not comply with our Instructions regard6ng the
check, your Account has been closed or yaw Card he. axp4sd, we
may charge, and you ag439 to pay, a return ConwenlenCe Gbook Me
01529.00.
(d) Cof7actian Fees it you we in default end tat to pay what you owe us,
we may Charge you reasonable attorney's fees, collection anshe
Mcluding expenses Irnaaed in realizing on a security kaeaesp and
court costs It permitted by applicable taw. Reasonable dfoupcy§
fees will be considered to be 35% of fine outstanding bdmm a.
yap Account when it Is nlered to an etiomey for cotectom Smile
taw may limit what collection costs and fees we may dmrgo,
(e) ServiceFS& McMUMgorrehatochargeaservicefseof$&Wpw
tem. to the extent permitted bylaw, tar requests "yarn mahe to
as. such as a5ft for copies of saws slips or pre;1* arnar
documentation regarding your Account (other than In ceafer*tat
with biting enum).
PHONE CALLS, CREDIT INvEsTmirION fffpO ua
AND 116011MATION SWING
Section IT. PHONE CALLS. We and our ae vlcers or agents wayeerrused
you by telephone or electronic means regarding the Account Including
the use of an aulormate dla"-autancbV device. We and our swims
or g0ents may IMen to ant recce any phone conversations wih Vats far
tm:Z purposes or to evaluate the quarry at service, or as aahswbe
per died by low. You agree that we may contact you about your Account
wfuuwt advance notice from us. .
Section 18. CREDIT INYESTMTTDN AND 911ULOBIM QF
INFORMATION. We have rte FW to kwesdgale your cmft mmplvVataet
and Income retorts, and to redly your asdit mteni aces br dw pupoaas
of considering your application !er the Account and. Subseq eeft In
connection with any updates, roneweh or extensions of erect or
reviewing or eotading the Aoeoos. War also may report err rarmsiom
or axpsdaxes with you, Including the way you pay the ACCOMIL and
otherwise disclose Information abed you to credit rapomkng agencies ad
others. Including our off0da and Same licensees. tbu undmsionti wee
may obtain a cortsutoer report prepared by a credit reporting agency
when you apply for the Account and at any time t orom-m. tiyots 1, - -
any of the terms of this Agreemer, You understand and agree dsf a
negative report may be submitted to exams repodhg agencies and
araared on your credit recoat It you behove we rave reported inacmale
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
1L11, of 4U1Rb,"t
011 4110
OFF":L "F?rc
ap1 "'[ ! 3 1' ; 2: 21
LVNV Funding, LLC Case Number
vs. 2010-1491
Penelope A. Zayas
SHERIFF'S RETURN OF SERVICE
03/11/2010 05:13 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 11, 2010 at 1712 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Penelope A. Zayas, by making known unto John Appenzeller, adult in charge at
271 Newville Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $46.00
March 12, 2010
GERALD WORTHING N, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
{oj cou,tySUlCe $hentT. Teleosot1. Inc.
u
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA', 7t~'t ~, ~ `~ '' -~, ~, ~~;~Y
LVNV FUNDING LLC
SEARS CIVIL DIVISION
Plaintiff
VS. .
Penelope A Zayas NO: 10-1491
Defendant
iii{0 JU~~. -9 Fed :~~
v•_
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE CLERK OF JUDICIAL RECORDS:
Kindly enter judgment by default for failure to respond to Plaintiff s Complaint in the
amount of $10,529.15. Notice of the intent to file a default judgment was served upon the
Defendant on Apri122, 2010. A copy of the Notice of Intent to Take Default Judgment is
attached hereto and marked Exhibit "A."
'A. Abrahamsen &
Michael F. Ratchford, >~
Attorney I.D. No.: 8628
Attorney for Plainti ff
JUDGMENT
AND NOW, this ~ day of ~~, 20~, Judgment is hereby entered in favor
of the Plaintiff, LVNV FUNDING LLC SEARS and against the Defendant, Penelope A Zayas in
the amount of $10,529.15 for failure to respond to Plaintiff s Complaint.
~P..o o~oTp(~.y
~ lµ• oo PO grrY
~~839a
~~ a~49r~f
~o~~ 8~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC
SEARS .
Plaintiff
vs.
Penelope A Zayas
Defendant
CIVIL DIVISION
NO: 10-1491
CERTIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served
a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing
the same via First Class United States mail, postage prepaid addressed as follows:
Penelope A Zayas
271 NEWVILLE RD
SHIPPENSBURG PA 17257
Date: June 3, 2010
Edwin A. Abrahamsen & Associates, P.C.
Michael F. Ratchford, Esquire
Attorney I.D. No.: 86285
120 N. Keyser Avenue
Scranton, PA 18504
(570) 558-5510
LVNV FUNDING LLC
SEARS In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Plaintiff Civil Division
vs. NO: 10-1491
Penelope A Zayas .
. AFFIDAVIT UNDER SOLDIERS AND SAILORS
RELIEF CIVIL RELIEF ACT OF 1940 AS
Defendant 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): Penelope A Zayas 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 defendants}: Penelope A Zayas is(are) older than eighteen years of age;
That the employment status of the defendant(s): Penelope A Zayas is(are) unknown.
1
Subscribed before me this( day of ~,
Lee emcone, Notary Public
N SEAL
LEE PERRICONE
Notary Public
SCRANTON CITY, LACKAWANNA COUNTY
My Commission Expires Apr 2, 2014
1
..• ... . • .~i .L
~
;
•~
,
~~
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:. y'
EDWIN A. ABRAIIAMSEN
•MICHAEL•.F: RAl'CHFORU.. THE LAW OFFICE OF
HEATHER K. WO.ODRl1FF~'
.. ; ~ • i
$D1ti''IN r1. ABRr1HA11.1S8N & t*,S$OCIe1TB8, PC
* A150 A MEMBER Of fl BAR
WWW.EAA-LAW.COM
Apri123, 2010
Penelope A Zayas
27,1' NEWV,,ILLE RD
SHIPP.ENSBURG PA 17257
•., i::~~,~ ~.
.. .a,I, :T.'..
• •• ~ • Re:, ~ •'<•LVNV FUNDING LLC v. Penelope A Zayas
- ~ ~. •;~. ~ CUMBERLAND County Civil Action No.:10-1491
. ' ~ •• ~ • ~. •Our file No.: R09-5246/
•;~•
Dear Penelope A Zayas: ;
.., ... ~s::,;~ u,
~• : Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above-
noted matter: 'Please act accordingly.
• If you have any questions or wish to discuss your outstanding account, please contact me
at (570) 558-5510.
.}ii•i~.i..~~~•,:i~:~'I•.~.' Edwin A. Abrahamsen & Associates,
_.
.. 9 e . ~
~,
.. ~ ,. ~
Enclosure .,. ~; ; . ,
.. ,; .,
This is a communication from'a debt collector in an attempt to collect a debt. Any information
wild be;used;tfor that purpose.
.. , ,~
..~ i.Ft~
120 N•KEYSERaAVE
t.
SCRANTON, PA 18504 (P) 570.558.5510 (F) 510.558.5511 ~ ,:. ,
;~,~
. .. :,,
;;~.ti~kl ~ ` rd~t'
'• `. !
'•~ • ~~ • IN THE COURT OF COMMON PLEAS OF
• • ' ~' ~ ~ ° '. ~ ~ CUMBERLAND COUNTY, PENNSYLVANIA
LVNV FUNDING LLC
.. ,,.
: CIVIL ACTION
,•
.. ; ~:
Plaintiff
i
.. r•
• • , ~ vs.
i;• ~,,F: •?:~i;. .. NO: 10-1491
Penelope A~~ayas,
• i ", .
.. . 6~•.
• •..,j~ • Defendant
:: • • TEN: DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
To: , Penelope A Zayas
271 NEWUILLE RD
. ; ; SHIP,PENSBURG PA 17257
Date. of Notice:•~Apri123, 2010
,•. , . ~• . ~ . '• •IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a1121
YOU. ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGA;IIVST,YO,Uy.;~UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
IVO'TIGE;~1~~r1~,I?GMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU:`MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
• ~ ;
• ..,•.
•:YQU 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 OI?FICE~CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
..........~ . •~•~~ s ;;t .. , .. ..
} . .rte.
';•;.~ IF:;YOU.CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PRO~!IDE:YOIJ.WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL.SERVIGES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
~,~;~ (~ ~,y' ; ~ f, f j;5,i;; t .• . ' 401 EAST LOUTHER STREET
• CARLISLE, PA 17013
• 717-243-9400 •
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~ • ~~ ~ ~ ~'.} IN THE COURT OF COMMON PLEAS OF
_
' ~~'~ • ~ •;~=.~z • ~
i~:•. CUMBERLAND COUNTY, PENNSYLVANIA
:LVNV;F
~,UNDING LLC
•
~ .
., .
CIVIL ACTION
. ,
.
c_; ~; ~rl,r..
• Plaintiff
4
~
'
'
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'
'
'I NO: 10-1491
t} f
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is ,
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op1~.,sA~Layas
CP w
.~
' ~ • ''' ` ' ~ ~ ~ Defendant
~~ i 1• .
• -
, .
,; ~ . •. , ~ CERIFICATE OF SERVICE '
.. ~~
I Michael F. Ratchford Esquire, hereby certify that on April 23, 2010 I served a copy of
•i, ~ ..
the Ten. Days Notice of Intent to Take Default in the above captioned matter by mailing the same
via;First Class~lJ,riited States~mail, postage prepaid addressed as follows: .
.,;~~:~
Penelope A: Zayas
271 NEVi/VILLE RD
SH•IPPENSBURG PA 17257 •
. ., , ..~ .. _, . t ~ '. ~.
~' ~~ ti:' ~ Edwin A. Abrahamsen & Associates, P.C.
.. ;~ :• :;..:l
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1 I~
' ~ ~ BY:
j<-.~.
;;t j4:r,. ,.:i;.~1 j..:~:i
:r ~i. '
~ .~ .~~ ~.
. ;;: .
;~ ...
Michael ~ . ~ atch ord, E q
Attorney I.D. No.: 8628
Heather K. Woodruff, Es
Attorney I.D. No.: 207805
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
,.
~,
..~; . ..
!<<~.
Request for Military Status
Department of Defense Manpower Data Center
Fa ,
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Jul-08-2010 08:41:17
'~ .. Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
ZAYAS PENELOPE Based on the information you have furnished, the DMDC does not possess
A any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast
Guard).
~ ~,-f~--
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.mil./faq/pis/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www. dmdc. osd.mil/appj/scra/popreport. do
7/8/2010
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:L6ICSAJ6MP
https://www.dmdc.osd.mil/appj/scra/popreport.do 7/8/2010
LVNV FUNDING LLC
SEARS In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Plaintiff Civil Division
vs.
Penelope A Zayas
NO: 10-1491
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 $ !O, 5a9. ! 5 on 7 4 !D
By:
If you have any questions
this notice, please contact the filing party:
Edwin A. Abrahamsen & Associates
120 N. Keyser Avenue
Scranton, PA 18504
Telephone: (570)-558-5510
(Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)