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HomeMy WebLinkAbout04-3470COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT f? COMMON PLEAS No. OK- X70 ?LULC,?E'lL,?'Yl NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT Dorothy Peters MAG. DIST. NO. OR NAME OF D.J. Gayle A. Elder - Mag Dist 09-03-0` ADDRESS OF APPELLANT CITY STATE ZIP CODE 55 West Main Street, Apt./Ste. 1 Mechanicsburg PA 17055 DATE OF JUDGMENT IN THE CASE OF(PLINTIFF) (DEFENDANT) 6/25/04 Palisades Collection LL,C vs Dorothy Peters CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT Cv YEAR CV0000141-4 LT YEAR ?"yam This block will be signed ONLY when this notation is required under PA. It appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL, sgnaNre of Promonolary or uepury PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon - Palisades Collection LLC Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No.0q,-,NJb [ tuL6 within twenty (20) days after service of rule or suffer entry of judgment of non pros. ?/"'a0 gnature o appellant or his attorney or age RULE: To Palisades Collection LLC appellee(S) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Dates( y M White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Year ' LFAQ? o C ?YJ/J?( -06y/ ? Signature of Protonotary or Deputy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) , year by personal service Qby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on year _. _ . 11 by personal service Q by (certified) (registered) mail, sender's receipt attached hereto. El and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on -year- E] by personal service Oby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF , YEAR _ C: c O signature of offciel before whom affidava was made _ T019 of offrul Nil My commission expires on year S maww of Affianf COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist, No.: 09-3-05 DJ Name: Han. GAYLE A. ELDER A"ass'. 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717 ) 766 -4575 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rPALISADES COLLECTION LLC 267 EAST MARKET ST C/O WOLPOFF & ABRAMSON LYORK, PA 17403 L VS. DEFENDANT: NAME and ADDRESS 17055 FPETERS, DOROTHY 55 W MAIN STREET APT/STE 1 MECHANICSBURG, PA 17055-6272 DOROTHY PETERS 55 W MAIN STREET APT/STE 1 MECHANICSBURG, PA 17055-6272 THIS IS TO NOTIFY YOU THAT: Judgment: L Docket No.: CV-0000141-04I Date Filed: 5/20/04 DEFAULT JT1D(_MNNT PLTF ?K Judgment was entered for: (Name) PAT.TaAnits CnT.T.IRri T.T.r. 7 Judgment was entered against: (Name) PRTRRR, nOR(YPHY in the amount of $ 5, 71 R _ (1't on: (Date of Judgment) 6/7ri/04 ? Defendants are jointly and severally liable. 1-1 Damages will be assessed on: ? 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 $ (Date & Time) Amount of Judgment $ 5,601.03 Judgment Costs $ 117.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5,718.03 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN30.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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ? 16-/ Date ((:::y (, . &&,-7 , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . District Justice SEAL J AOPC 315-03 DATE PRINTED: 6/25/04 4:14:59 PM !? N Co 1? -f ,T. r_i i y0 1 )' N PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF L Um d f, r I Omd ; ss AFFIDAVIT: I hereby swear or affirm that I served 123 a copy of the Notice of Appeal, Common Pleas No. 0!j - 3 y r j6 upon the District Justice designated therein on (date of service) Ju>!tl 2.I1 7004 . year p . Q by personal service ?y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name f0:,Us fi d e g CDI IG c ?: p n LL f. , on J 21 , year _ )q E] by personal service O by (certified) (registered) mail, sender's receipt attached hereto. L'l and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on J i.t?.u 21 , year _ 2 t) ON by personal service ay (certified) (registered) mail, sender's receipt attached hereto. / SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS a3rd DAY.OF Qri]rr YEAR 2°oN _ Ek/lt rA HY l/[Al1/w? _ Sonafur off1cm6efore whom affidavit wen made Tab of oftW My commission expires on , year ?TARIAL SEAL NANCY L. ANDERSON, Notary Public Hampden Twp., Cumberland County My Commission Expires Jan. 28, 2007 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL _ FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. t?7 ?? ^lV l.! Ul L (fc/L?Y? NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. OF APPELLANT wrotP,y Peters MAD. DIST. NO. OR NAME OF D.J. Gayle A. Elder - Mag Dist 09-03-05 ADDRESS OF APPELLANT CITY STATE ZIP CODE 55 West Main Street, Apt./Ste. 1 hlerizanicsburg PA 17055 CV YEAR rtr! 000141-4 as., LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate aE A SUPERSEDEAS to the Judgment for possession in this case. 'NATURE OF APPELLANT OR HIS ATTORNEY OR AGE If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. l a ure a ry P EC P4 O ENTER RULE T'p P COMPLAINT AND RULE TO FILE (This section of form to be used ONLY en appellant was DEFENbANT'(see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Palisades CO> 1AC M LTC appeflee(s), to file a complaint in this appeal n 1 Name of appeffee(s) (Common Pleas NO.(4?-jV11() ( I i A l) within twenty (20) days after service of rule or suffer entry of judgment of non pros. `--?- e ? l F ?` `? a '?/ 4wd (/ gnat we o/appellan ant or his attorney or age RULE: f A ?,...., + +. +?( . To t lt}teatiixl IkC ?appMee(s) ' Name of appelfee(s) (1) You are notified thate rule is hereby entered upon you to file a complaint in this appeal within twenty(29) days after the date of serviq of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE: ` (3) The date of service of this rule if service was by'rtmil is the date of the mailing. Year / r e?? A Dat 1 I? rooDh 0t e? 4 Signal&e of P WCry uty! White - Prothonotary Copy 'aGreen - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:. : '( ?- j)6 Ga, le A. E /P'-' 507 i",J .'J d,-lC S/ MtC1Ani[S6vfly A Print Clearly) I Date o1' C. SI natul R Agent X 0 Addressee D. Is delivery address dHferent from item 1? 0 Yes If YES, enter delivery address below: ff?lj • • ' u'I • , rR (Domestic On1Y; No Insurance Coverage ru 17 0,53' 3. -SSarv/rvice Type VGertified Mail 0 Express 0 Registered 0 Return 0 Insured Mail 0 C.O.., 4. Restricted Delivery? (Extra (do 2. 7003 2260 0007 0545 7215 "1 PS Form 3511, July 1999 Domestic Return Receipt 21 u q- C3 Postage $ $0.37 f contract Fee O - Poetrosrit C3 Relum Reolept Fee 0 (Endorsement Requlred) / . Here ? 0 Restricted Delivery Fee ?.? ro 02OZ ?lp (Endorsement Required) ru dd. 64.42 !20/2004 ,. ? N Total Postage & Fees •? •... ?? C3 ------------------------- C1- ---- /A?_c r --------- ? '? Ko. L 9d et Aw orPOBoxNo. ur 07 •.N- DNjC Q JT - .......... --."-•-•- -•."---•- -...--.-. -..-.--..-......-. ........... ? . m.aP,Md-ti?,?,(rse?ly iv, /joss i ¦ Complete items 1, 2, and 3. Also complete A. Receiv by (Please Print item 4 if Restricted Delivery is desired. ¦ Print ur name and address on the reverse Date of Delivery -2)- all y so that we can return the card to you. C. Signet 0 Agent ¦ Attach this card to the back of the mailpiece, X 0 Addraeses or on the front if space permits. D. Is delivery atl ress IRerent from ka Postal 1. Article Addressed to: If YES, enter delivery address belt 4df5 CUIIfC?iUn LLC l P .a CERTIFIED MAII-7 R No insuranc l il O M ECEIPT e Coverage l 5 a N n y; (Domeshc a F 9 0 r` n F v 1 6raMS d/o Ct)dl Po .. r y 3. Service Type _ IXI /? y E 'trerti ied Mail 0 Express K 0 Postage $ 1 / A / 7 1 11 5 DY K r I ?'l ? Registered d M il 0 I 0 Return Ret M1 ? C O D ?ed Fee $2.30 . ?1 G Inc a' ?' ` ? tJ nsure a . . . 17 Q N p ark 4. Restricted Delivery? (Extra Fee) O C3 Rewm Redept Fee (Endorsement Requlmd) $1,7§ ,., i Here g ' ? ? \ 2. Article Nut 7003 2260 0007 0545 7208 ° R 're°t (E ? "' 07/20/2004 PS Form 3811, July 1999 Domestic Return Receipt ru Total Postage & Fees $ $4.42 -- - m o ?r 1 a.5n45_I.oIJt10n_u:---- n -CIA.(/?D.?po'-P.L?6-Ca!1'-- . Sreer,. r or PO rwxNa lY-Jn 1: 2:k7 Eas risrtt--'-°---------------------- ---. .. _ - cey, at•ra mw . OrK U o 6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-3470 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL, PLAINTIFF vs. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT 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 is served, by entering a written appearance, personally of by attorney, and filing in waiting 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 document, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other right 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a used en la Corte. Si used quaere defenses de esas demandas expuestas an las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o an persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a last demandas an contra de su persona. Sea avisado que si used no se de:fienda, la Corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notification y por cualquier queja o alivio qua as pedido an la petition de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABADOAGO IMMEDIATAME:NTE, SI NO TIENE ABOGADO O SI NO TIENEE EL DINERO SUFFICIENTE DE PAGAR TAL. SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONDEGUiIR ASSITANCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, ASSIGNEE OF PROVIDIAN NATIONAL, PLAINTIFF vs. DOROTHY PETERS, DEFENDANT COMPLAINT NO. 04-3470 Civil Term CIVIL ACTION - LAW AND NOW, comes the Plaintiff, by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files the within Complaint and in support avers as follows: Plaintiff, PALISADES COLLECTION L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL, is a corporation doing business within the Commonwealth of Pennsylvania and the other states of the United States, with its principal offices located at 210 Sylvan Avenue, Englewood Cliffs, NJ 07632. 2. Defendant, DOROTHY PETERS, is an adult individual with a last known address of 55 West Main Street, Apt./Ste. 1, Cumberland County, Mechanicsburg, PA 17055. It is averred that Defendant was issued an open end credit account. 4. At all relevant times material hereto, Defendant has been a regular user of said charge account for the purchase of products, goods and/or for obtaining services or funds. 5. Defendant has been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the aforementioned credit account. 6. Defendant did not object to the above mentioned Statements of Account submitted by Plaintiff to Defendant. That Defendant has made sporadic and irregular payments, if any, which have been applied to the outstanding balance of this account. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit account, as a result of charges made by said Defendant and/or any authorized users is the sum of Three Thousand Seven Hundred Seventy-Seven and 91/100 ($3777.91) Dollars. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. Pursuant to the Credit Agreement and/or applicable Pennsylvania law, any unpaid and/or delinquent balances on said account shall continue to bear interest at the rate of eighteen (18%) percent. 11. The amount of interest which has accrued on the aforementioned account is the sum of One Thousand Sixty-Seven and 54/100 ($1067.54) Dollars. 12. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 13. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, L.L.P. in the collection of the collection of the amounts due from Defendant incident to the within action, the Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 14. The amount of attorney's fees incurred in this matter is the sum of Seven Hundred Fifty-Five and 58/100 ($755.58) Dollars. 15. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 16. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL, respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, DOROTHY PETERS, in the amount of Three Thousand Seven Hundred Seventy-Seven and 91/100 ($3777.91) Dollars, plus; reasonable attorney's fees in the amount of Seven Hundred Fifty-Five and 58/100 ($755.58) Dollars, interest at a rate of eighteen (18%) percent in the amount of One Thousand Sixty-Seven and 54/100 ($1067.54) Dollars, plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Amy F. Doylq/Esqu ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA '17403 (717) 846-1252 Counsel for Plaintiff VERIFICATION Amy F. Doyle, Esquire, hereby states that she is the attorney for the Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE: OF PROVIDIAN NATIONAL, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: a ? r.. vy ? Amy F. Doyl , Esquir ID No. 8736 Philip C. Warholic, Esquire ID No. 86341 Daniel F.'Nolfson, Esquire ID No. 201317 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846••1252 Counsel for Plaintiff N S? _ C? .C "tJ ifs Yv Cn7 r ?'. C.. -r •' w v n T -? rn rn =ri 45 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 No. 043470 Plaintiff VS. DOROTHY PETERS Defendant (s) CIVIL ACTION - LAW PRAECIPE TO REINSTATE To the Prothonotary: Kindly reinstate the complaint in the above-referenced matter. Respectfully, submitted, Amy F. ,boyle, squire Wolpoff & Abr mson, L. P. Attorneys in the Prac ice of Debt Collection 267 East Market Street York, PA 17403 Phone (717) 846-1252 Fax (717) 848-1146 I.D. No. 87062 Date: 1 V/0/0 t REICCP/*PLP2 W&A FILE NO. 116954668 ?:v rrr PALISADES COLLECTION LLC PLEAS ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 Sylvan Avenue Englewood Cliffs, NJ 07362, Plaintiff V. : IN THE COURT OF COMMON : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 04-3470 DOROTHY PETERS, : CIVIL ACTION - LAW Defendant NOTICE TO DEFEND AND CLAIM: RIGHTS 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 Defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTiE. Si usted desea defenderse de las demandas quese presentan mas adelante en las siguientes paginas, debe toma accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en constra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date: 2 Gregory R. Reed, Esquire Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, PA 17 111 (717) 238-0434 Attorney I.D. No. 23705 PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 Sylvan Avenue Englewood Cliffs, NJ 07362, Plaintiff V. DOROTHY PETERS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 043470 CIVIL ACTION - LAW PRELIMINARY OBJECTION NOW COMES, Defendant, DOROTHY PETERS, by and through her attorney, Gregory R. Reed, Esquire, and files this Preliminary Objection to Plaintiff's Complaint and, in support thereof, avers as follows: BACKGROUND 1. Plaintiff, PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK, filed a Complaint to the above docket number, a copy of said Complaint being attached hereto, marked Exhibit "A" and incorporated herein by reference. 2. The Defendant named in the Complaint is DOROTHY PETERS. 3. The Complaint alleges that Defendant "...was issued an open end credit account." 4. Plaintiff claims damages, including interest and attorney's fees, that can only be awarded if a contract or written agreement had been signed by the parties. 5. Pennsylvania Rule of Civil Procedure No. 1028(a)(2) permits the filing of Preliminary Objections to pleadings that fail to conform to law or rule of court. 6. Pennsylvania Rule of Civil Procedure No. 1028(a)(4.) permits the filing of Preliminary Objections to pleadings that are legally insufficient. 7. Pennsylvania Rule of Civil Procedure No. 1019(i) requires that all written agreements be attached to the Complaint. WHEREFORE, Defendant prays your Honorable Court to enter an order requiring Plaintiff to attach to an amended Complaint all writings that support its amended Complaint and in lieu thereof dismiss Plaintiff's Complaint. egory R. Ree , Esquire Attorney for Defendant 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. 23705 I t I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-34 0 Civii Term ASSIGNEE OF PROVIDIAN NATIONAL, PLAINTIFF _0 VS. CIVIL ACTIOI - LAW DOROTHY PETERS, %' l3rr? DEFENDANT NOTICE You have been sued in Court. If you wish to defend against the claims j orth in the following pages, you must take action within twenty (20) days after this ComplainNotice is served, by entering a written appearance, personally of by attorney, and filing in ing with the Court your defenses or objections to the claims set forth against you. You are ued that if you fail to do so, the case may proceed without you and a judgment may be enagainst you by the Court without further notice for any money claimed in the Complaint, or d meat, or for any other claim or relief requested by the Plaintiff. You may lose money or prciperty or other right important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF U DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le hen demandado a used en [a torte. Si used queers defenses de esa demandas expuestas en las paginas, siguientes, used time viente (20) dies de plazo al ar' de la fecha de lademanda y la notifiation. Used debe presenter una apariencia o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus obi nes a last demandas en contra de su persona. Sea avisado que si used no se defienda, la a tomara medidas y psedido entrar una orden contra used sin previo aviso o notficacion y por cualquier queja o alivio que es pedido en la peticlon de demanda. Used puede perder dine o sus propledades o otios derechos importantes para used. LLEVE ESTA DEMANDA A UN ABADOAGO IMMEDIATAMENTE, SI N TIENE ASOGADO O SI NO TIENEE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICI VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SEE CUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONDEGUIR ASSITAJS CIA LEGAL. Cumberland County Bar Assoc:lation { 2 Liberty Avenue _ ., ^I .?„?, a Carlisle, PA 17013 : r } p=ry r pcr?- i ` (800) 990-9108 In Ard the ill ka, r7- - EXHIBIT "A" I i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY1, PENNSYLVANIA 1 PALISADES COLLECTION LLC, NO. 04340 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL, PLAINTIFF VS. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT COMPLAINT AND NOW, comes the Plaintiff, by and through its attomeys, and ire law firm of Wolpoff & Abramson, L.L.P., and files the within Complaint and in support avers a' follows: 1. Plaintiff, PALISADES COLLECTION L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL, is a corporation doing business within the Commonwealth of Pennsylvania and the other states of the United States, with its principal offices located at 210 Sylvan Avenue, Englewood Cliffs, NJ 07632. 2. Defendant, DOROTHY PETERS, is an adult individual with a fast known address of 55 West Main Street, Apt./Ste. 1, Cumberland County, Mechanicsburg, PA 17055. 3. It is averred that Defendant was issued an opens end creel 4. At all relevant times material hereto, Defendant has been 4 regular user of said charge account for the purchase of products, goods and/or for obtaining services or funds. 5. Defendant has been provided with copies of the Statements of Account. accurately showing all debits and credits for transactions on the aforementioned credit account. 6. Defendant did not object to the above mentioned Staten*ts of Account submitted by Plaintiff to Defendant. 7. That Defendant has made sporadic and irregular payment, if any, which have been applied to the outstanding balance of this account. 8. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit account, as a result of charges made by said Defendant and/or 4 any authorized users is the sum of Three Thousand Seven Hundred SevI nty--Seven and 911100 ($3777.91) Dollars. i 9. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. Pursuant to the Credit Agreement and/or applicable Penn4ylvania law, any unpaid and/or delinquent balances on said account shall continue to beat, interest at the rate of eighteen (18%) percent. 11. The amount of interest which has accrued on the aforeme6tioned account is the sum of One Thousand Sixty-Seven and 541100 ($1067.54) Dollars. 12. Plaintiff has retained the services of the law firm of Woipoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 13. As of the filing of this Complaint, Plaintiff has interred reasonable attorney's fees from the law office of Wolpoff & Abramson, L.L.P. in the collection of the Qdlection of the r amounts due from Defendant incident to the within action, the (Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 14. The amount of attorney's fees incurred in this matter is thell: of Seven Hundred Fifty-Five and 58/100 ($755.58) Dollars. 15. Any and all conditions prea:dent to the bringing of this action have been performed by Plaintiff. 16. The amount in controversy is within the jurisdictional amo*t requiring compulsory arbitration. WHEREFORE, Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL, respectfully requests this Honorable) Court enter judgment in flavor of Plaintiff and against Defendant, DOROTHY PETERS, in the amount of Three Thousand Seven Hundred Seventy-Seven and 811100 ($3777.91) Dollars, plus reasonabio attorney's fees in the amount of Seven Hundred Fifty-Five and 58/100 ($755.58) Dollars, inte+l: at a rate of eighteen (18%) percent in the amount of One Thousand Sixty-Seven and 541100 ($1067.54) Dollars, plus costs of this action and such other relief as the Court deems proper and Tst. i i Respectfully submitted, Amy F. Doyl9,; EsquY ID No. 87062 Philip C.. Warholic, E uire ID No. W-141 ! Daniel F. Wolfson, E4qulre ID No. 20617 j Wolpoff & Abramson,' LLP Attorneys in the Pra ice of Debt Collection 267 East Market Str# York, PA 17403 (717) 846-1252 Counsel for Plaintiff VERIFICATION Amy F. Doyle, Esquire, hereby states that she is the ottomey for the Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE: OF PROVjDIAN NATIONAL, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made its the foregoing Complaint are true and correct to the best of her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein Are made subject to the penalties of 18 Pa.C.S. Section 4914, relating to unsworn falsifibation to authorities. Date: C Amy F. Doyl , Esquir sK ID No. 87(16 Philip C. Warhoiic, Esquire ID No. 86"241 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson,4 LLP Attorneys in the Pra ce of Debt Collection 267 East Market Stmt York, PA 17403 ' (717) 846.1252 Counsel for Plaintiff CERTIFICATE OF SERVICE AND NOW, thisd^ay of December, 2004, I, Gregory R. Reed, Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served by first class mail a copy of the attached Preliminary Objections to the following address: Amy F. Doyle, Esquire Wolpoff & Abramson, L.L.P. 267 Market Street York, PA 17403 Harrisburg, Pennsylvania 17111 (717) 238-0434 Attorney I.D. 23705 Attorney for Plaintiffs 3120 Parkview Lane - ? c7 r c? .c- -ry `. ?M ? = 7 T t j rn • i ? ca ':? -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-3470 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF VS. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT 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 is served, by entering a written appearance, personally of by attorney, and filing in waiting 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 document, or for any other claim or relief requested by the Plaintiff. You may lose; money or property or other right 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a used en la corte. Si used quaere defenses de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o an persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a last demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABADOAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENEE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONDEGUIR ASSITANCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-3470 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF VS. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT AMENDED COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files the within Complaint and in support avers as follows: Plaintiff, PALISADES COLLECTION L,L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, is a corporation doing business within the Commonwealth of Pennsylvania and the other states of the United States, with its principal offices located at 210 Sylvan Avenue, Englewood Cliffs, NJ 07632. 2. Defendant, DOROTHY PETERS, is an adult individual with a last known address of 55 West Main Street, Apt./Ste. 1, Cumberland County, Mechanicsburg, PA 17055. 3. That Plaintiff initiated this action by filing its initial Complaint on or about August 2, 2004. 4. That the within Amended Complaint is being filed in an attempt to cure Defendant's Preliminary Objections which were filed on or about December 29, 2004. 5. It is averred that Defendant was issued an open end credit account. At all relevant times material hereto, Defendant has been a regular user of said charge account for the purchase of products, goods and/or for obtaining services or funds. A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A" Defendant has been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the aforementioned credit account. 8. Defendant did not object to the above mentioned Statements of Account submitted by Plaintiff to Defendant. 9. That Defendant has made sporadic and irregular payments, if any, which have been applied to the outstanding balance of this account. 10. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit account, as a result of charges made by said Defendant and/or any authorized users is the sum of Three Thousand Seven Hundred Seventy-Seven and 91/100 ($3777.91) Dollars. See Exhibit "A" as previously identified and incorporated herein. 11. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 12. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 13. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 14. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, respectfully requests this Honorable Court enterjudgment in favor of Plaintiff and against Defendant, DOROTHY PETERS, in the amount of Three Thousand Seven Hundred Seventy-Seven and 91/100 ($3777.91) Dollars, plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, ID No. 872 V Philip C. arholic, Esquire ID No. 86341 Daniel IF. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 8,46-1252 Counsel for Plaintiff rammuluu, DOROTHY PETERS 55 W MAIN ST, APT 1 MECHANICSBURG, PA 170556272 IF MORESS AS SHOWN ABOVE IS INCORRECT. PLEASE INDICATE CHANGE BELPN. NAME PALISADES FILE NUMBER 8384709 NEW BALANCE $3,777.91 PAYMENT DUE DATE MINIMUM PAYMENT 1/18/2005 $3,777.91 PLEASE WRITE IN AMOUNT OF PAYMENT ENCLOSED PLEASE DETACH AND TOP PORTION WITH YOUR PAYMENT ACCOUNTNUMBER CREDIT LIMIT CREDIT AVAIABL? PAST DUE STATEMENT CLOSING DATE 4465612500659018 0 0 $3,777.91 1118/2005 REFERENCENUMBER NEW TRANSACTIONS PALISADES COLLECTION, L.L.C. DELAWARE LIMITED LIABILITY CORP. ASSIGNEE OF PROVIDIAN BANK P.O. BOX 1244 ENGLEWOOD CLIFFS, NJ 07632 PREVIOUS BALANCE PAYMENTS AND CREDITS SUMMARY OF TRANSACTIONS 1 $3,777.91 PROMPT CREDITINGCP PAYMENTS'. TOREGEIVE CREDR FOR PAYMENTAS OF THE DATE OF RECEIPT WE MUST RECEIVE THE TOP PORTION OF THE STATEMENT AND YOUR CHECK OF MONEY ORDER BY 3:00 P.M AT PALISADES COLLECTION, L.L.C. P.G. BOX 1244 ENGLEWOOD CLIFFS, W 07032 PAYMENTS RECEIVED AT THE ABOVE ADDRESS IN THE WINNER SPECIFIED AFTER THAT TIME WILL BE CREDITED TO YOUR ACCOUNT AS OF OUR NEXT BUSINESS DAY. THE CREDMNG TO YOUR ACCOUNT OF PAYMENTS RECEIVED AT MY LOCADON OTHER THEN THE ABOVE ADDRESS My BE DELAYED UP TO5 DAYS FROM DATE OF RECEIPT PAYMENT DUE DATE MINIMUM PAYMENT 1/18/2005 $3,777.91 SEND INQUIRIES TO: PALISADES COLLECTION, L.L.C. P.O. BOX 1244 ENGLEWOOD CLIFFS, NJ STS32 NEW BALANCE $3,777.91 VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 84.6-1252 Counsel for Plaintiff Philip C. Warholic, Esquire ID No. (16341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-3470 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF vs. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Amended Complaint upon counsel for the Defendant, by First Class Mail, Postage Pre-Paid and Certified Mail, on this,-"` D day of January, 2005, to: Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 Amy F. Doyle, quire ? J ID No. 87062 v Philip C. War olic, Esquire ID No. 86341 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff ?_? ? ?;? - .?; .:. . ? "iA ? ?` ? ? ? '° , ?, .., ?; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC NO. 043470 ASSIGNEE OF PROVIDIAN NATIONAL Plaintiff vs. CIVIL ACTION - LAW DOROTHY PETERS Defendant AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania ss. County of York , Amy F. Doyle, AND NOW, TO WIT, this day of h U At T Esquire who being duly sworn according to law, deposes and says that she is the Attorney for the Plaintiff in the above-captioned action; that on December 1, 2004, she caused a true copy of the Complaint in the above-captioned action to be sent by Certified Mail, Return Receipt Requested, To Addressee Only, Certified No. 7001 1940 0007 8648 0670, hereto attached, to the said Defendant, Dorothy Peters, at her last known address, 55 W. Main St., Apt. 1, Mechanicsburg, PA 17055, and that said copy was received by the Defendant, as indicated by the return receipt card attached hereto dated December 10, 2004, and bearing the personal signature of the Defendant. n Amy F. DW LD. No. 8 Attorney for SWORN and SUBSCRIBED to before me this ?? day of I it ttilJW 2004. Comm ONWLALT1,JO7 7sNhISYLVAIJ3A Nnwc Tara A. Sm tl h, ,3hlic City of York York ?-„ury My Commission Expves h?k '3. 2007 votaries --hPr Pennsylvania Asconia, ,_,n C? ?; . _i ,, ?, ?:, ?,:. ?? .' >,? ,?, `S S'Y (? ?S A. Signature * Pw"W pgdfgiWon the reverse po %p geld to you. ¦ ?¢MfIR-13pDlcof the mailpiece, -i6i J?p55 B. Received by (Printedfy'eme) C. Date of DelArory . Is delivery ad ress tli et nt from item ? ae If YES, enter delivery address b >s{?R L DEC ? ? ^l l A 3. Service Type S 9 Certified Mail 0 Express 170 5'9 0 Registered 0 Return Receipt for dice 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes a,.,wpd.wnri0er, 7001 1940 0007 8648 0670 Domestic Return Receipt ye25gg.p¢.pttbpe UMTCD STATES POSTAL SERVICE First-Class Mail Postage & Fees USPS Permit No. G-10 • Sender., please print your name, address, and q Wolpoff do Abramson, L.L.P. c,, N 267 East Market Street York, PA 17403 Ilnnr 4 iI,I111I„1IiI 111,U4it,r,11111,IIIJ1r1Ir1JLlr,lrlrrrrr111 Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 E-mail: lawofticcruc ?is.nct PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 Sylvan Avenue Englewood Cliffs, NJ 07362, Plaintiff v. DOROTHY PETERS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 043470 CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas quese presentan mas adclaute en las siguientes paginas, debe toma action dentro de los proximos veinte (20) dins despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de Lin abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que Si Listed falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en constra suya per la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para listed. USTED DE13E LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUW UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFRFZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Date: lJJ Gregory R. Reed, Esquire Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I.D. No. 23705 PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 Sylvan Avenue Englewood Cliffs, NJ 07362, Plaintiff DOROTHY PETERS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 043470 : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT NOW COMf_S Defendant, DOROTHY PETERS, by and through her attorney, Gregory R. Reed, Esquire, and files her Answer to Plaintiffs Amended Complaint and, in support thereof, avers the following: 1. Neither admitted nor denied. 2. Admitted. 3. Admitted. 4. Neither admitted nor denied. 5. Denied as vague and unanswerable. Defendant has a number of open end credit accounts with more than one lender or creditor. If this allegation refers to a credit account with Providian National Bank. Defendant admits that she receives such an open end credit account but denies agreeing to any terms that would require the payment of eighteen (18%) percent interest, collection fees or attorney's fees. Defendant has purchased products, goods and/or obtained services and funds using the Providian National Bank credit account but never agreed to pay eighteen (18°6) percent interest, collection tees or attorney's fees. 6. Denied as vague and unanswerable. Defendant has a number of open end credit accounts with more than one lender or creditor. If this allegation refers to a credit account with Providian National Batik, Defendant admits that she receives such an open end credit account but denies agreeing to any terms that would require the payment of eighteen (18%) percent interest, collection fees or attorney's fees. Defendant has purchased products, goods and/or obtained services and funds urine the Providian National Bank credit account but never agreed to pay eighteen (181N) percent interest, collection fees or attorney's fees, 7. Specifically denied. Any copies of the statements of account provided to Defendant were not accurate and did not show debits and credits accurately. Defendant has a number of open end credit accounts with more than one lender or creditor. If this allegation refers to a credit account with Providian National Bank, Defendant admits that she receives such an open end credit account but denies agreeing to any terms that would require the payment of eighteen (18%) percent interest, collection fees or attorney's fees. Defendant has purchased products, goods and/or obtained services and funds using the Providian National Bank credit account but never agreed to pay cightcen (18%) percent interest, collection fees or attorney's fees. 8, Denied in part. Defendant was not required to object to inaccurate statements of account. Furthermore, the failure to pay interest was a de facto objection to imposition and collection of eighteen (18%) percent interest on the account together with other charges which were never agreed to. 9. Denied in part. Defendant's answers to paragraphs 5 through 8 inclusive hereof are incorporated herein by reference as though fully set forth herein, 10. Specifically denied. Defendant's answers to paragraphs 5 through 9 inclusive hereof are incorporated herein by reference as though fully set forth herein. Furthermore, Defendant has no debt to Providian National Bank in that payments were misapplied to the account for which she did not receive credit against principal. 11. Specifically denied. Defendant's answers to paragraphs 5 through 10 inclusive hereof are incorporated herein by reference as though fully set forth herein. 12. Said allegation is a conclusion of law to which no responsive pleading is required. 13. Specitically denied Defendant's answers to paragraphs 5 though 11 inclusive hereof are incorporated herein by reference as though fully set forth herein. 14. Said allegation is a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendant, Dorothy Peters, demands judgment for Defendant and against Plaintiff. NEW MATTER 15. Plaintiff is an improper party. 16. Defendant never agreed to pay Providian National Bank interest, attorney's fees, late charges, penalties, costs Or any other monies over and above the amount of credit issued. 3 WHEREFORE, Defendant Dorothy Peters demands judgment for Defendant and against Plaintiff. Date a? 0 Gregory R. Reed, Esquire Attorney for Defendant 3120 Parkview Lane Harrisburg, PA 17111 (717) 238-0434 Attorney I. D. 23705 VERIFICATION I, DOROTHY PETERS, hereby verify that the statements in the foregoing Defendant's Answer to Plaintiffs Amended Complaint and New Matter are based upon information which I have provided to my attorney. I have read the Complaint and the allegations are true and correct to the best of my knowledge, information, and belief. However, the language of the Defendant's Answer to Plaintiffs Amended Complaint and Nzw Matter is that of counsel, and not my own. To the extent that the contents of this Defendant's Answer to Plaintiff s Amended Complaint and New Matter are that of my attorney, I have relied upon them in making this verification. I understand that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating. to unsworn falsification to authorities. Date: L7 Q_ DOROTHY PE RS CERTIFICATE OF SERVICE AND NOW, this I Oth day of February, 2005, 1, Gregory R. Reed, Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served by first class mail a copy of the attached Answer to Plaintift's Amended Complaint and New Matter to the following address: Amy F. Doyle, Esquire Wolpoff & Abramson, L.L.P. 267 Market Street York, 1'A 17493 G gory R. R Esquire Attorney for Plaintiffs 3120 Parkview Lane Harrisburg, Pennsylvania 17111 (717) 238-0434 Attorney I.D. 23705 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-3470 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF vs. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT REPLY TO DEFENDANT'S NEW MATTER AND NOW, TO WIT, this J day of March, 2005, comes the Plaintiff, Palisades Collection LLC, by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files the following Reply to New Matter as a statement herein: The allegations and averments contained within paragraphs 1 through 14 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 15. Denied. The allegations contained in Paragraph 15 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that Plaintiff is required to answer, Plaintiff specifically denies the allegations contained in this paragraph and demands strict proof thereof. By way of further response, Plaintiff is Assignee of Providian National Bank, and therefore has the same rights as though it were an original contracting party. 16. Denied. The allegations contained in Paragraph 16 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that Plaintiff is required to answer, Plaintiff specifically denies the allegations contained in this paragraph and demands strict proof thereof. By way of further response, Plaintiff's Complaint states that Defendant was issued an open end credit card account by Plaintiff, and at all relevant times material hereto, Defendant has been a regular user of said charge card for the purchase of products, goods and/or for obtaining services from Plaintiff or Plaintiff's licensees. The account issued to Defendant by Plaintiff was governed by a card member agreement; a true and correct copy of which was attached to Plaintiff's Complaint as Exhibit "A". As per the terms of this agreement, Defendant agreed to pay any and all interest, attorney's fees, late charges, penalties, costs arising from the maintenance of said account, or in the event of a default, such as is the case here. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter, and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action, and such further relief as the Court deems appropriate. Respectfully submitted, Amy F. Doyle, quire ID No. 87062 Philip C. Warholic, Esquire ID No. 86341 Donald P. Shiffer III, Esquire ID No. 89451 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff VERIFICATION The undersigned hereby states that he is the attorney for the Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3 o`? ID No. 87062 % Philip C. Warholic, Esquire ID No. 86341 Donald P. Shiffer III, Esquire ID No. 89451 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-3470 Civil Term ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF vs. CIVIL ACTION - LAW DOROTHY PETERS, DEFENDANT CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon counsel for the Defendant, by First Class Mail, Postage Pre-Paid and Certified Mail, on this &_ day of March, 2005, to: Gregory R. Reed, Esquire 3120 Parkview Lane Harrisburg, PA 17111 ID No. 87062 Philip C. Warh ic, Esquire ID No. 86341 Donald P. Shiffer I I I ID No. 89451 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff Y'? l ,/ it (? .? K: ? " 1 ! ?l ? ? ? fl [ 7 " .. ? Curtis R. Long Prothonotary office of the i9rotbonotarp Cumbprfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor LI' CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573