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HomeMy WebLinkAbout05-2145 APOTHAKER & ASSOCIATES, P.e. BY: David J. Apothaker Attorney LD.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD STElOO NORFOLK, VA 23502 Plaintiff, vs. MICHELLE SHUPP 102 E MAIN ST APT 5 MECHANICSBURG P A 17055 Defendant. ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) ) ) ) ) ) ) - --- P.5-.:2./<f;:, NO.: NOTICE ;0 ~ You have been sued in court. If you wish to defend against the claims set forth in the following pa es, you must take action with twenty (20) days after this complaint and notice are served, by entering a written ap arance personally or by attorney and filing in writing with the court your defenses or objections to the claims t forth against you. You are warned that if you fail to do so the case my proceed without you and a judgment y be entered against you by the court without further notice for any money claimed in the complaint or for any oth r 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 ONE. IF YOU DO NOT LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BEL FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 A VISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuest s en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificaci n. Hace falta asentar una comparencia escrita 0 con un abogado v entregar a la corte en forma escrita sus objeci es alas demandas en contra de su persona. Sea avisado que 5i listed no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a avor del edemandante y requiere que usted compIa con todas las provisiones de esta demanda. Usted puede perde dinero 0 sus propiedades U otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOG NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVrCIO. VAYA EN PERSONA 0 LL TELEFONO A LA OFICINA CUYA DIRECCrON SE ENCUENTRA ESCRITA ABAJO PARA AV DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 DO 0 SI E POR GUAR ... APOTHAKER & ASSOCIATES, P.e. BY: David J. Apothaker Attorney LD.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD STEI 00 NORFOLK, VA 23502 Plaintiff, ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) ) ) ) ) ) ) NO.: {' ) Uj-~ ::2./'18' ~~ vs. MICHELLE SHUPP 102 E MAIN ST APT 5 MECHANICSBURG P A 17055 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC, is a company ith its principal place of business located at 120 CORPORATE BLVD STE100 NORFOL , VA 23502. 2. Defendant is MICHELLE SU SHUPP, an adult individual residing at 102 E MAIN ST APT 5 MECHANICSBURG P A 17055. 3. At the special instance and request of Defendant, Plaintiff sold and deli ered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the p 'ces set forth in Plaintiffs records. A tme and correct copy of which is attached hereto, incOlporat herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described i Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market price for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to ake any payments, leaving a balance due and owing of $13,671.l4 together with interest om December 1,2003 in the amount of$1,093.76. 8. Although demand has been made, Defendant has failed to make payment f the amount due as above. 9. The original creditor is FLEET NATIONAL BANK. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defen antes) for the sum of $13,671.14 together with interest from December 1, 2003 in the amo t of $1,093.76, plus costs, interest and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.e. Attorney for Plaintiff BY: Dated: Apri115, 2005 Our File No.: 0501185 VERIFICATION David J. Apothaker, ESQ. hereby states that I am counsel for plaintiff in this action, and that am authorized to take this Verification, and that the statements made in the foregoing Civil tion Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties f 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff DATE: April 15, 2005 PORTFOLIO RECOVERY ASSOC. 120 CORPORATE BLVD STEIOO NORFOLK, VA, 23502 MICHELLE SHUPP 102 E MAIN ST APT 5 MECHANICSBURG PA 17055 STATEMENT OF ACCOUNT Debtor's Name: MICHELLE SHUPP Account Number: 20924355 Original Creditor: FLEET NATIONAL BANK Date of Debt: December 1, 2003 Principal Balance: $13,671.14 Balance Due: $13,671.14 r"f\ --- €'. w w w t-' ~ "1- J n C- :;;.: -0,3- c:; ~~~: -".;4 -r" 7.-. ~~~;~,~ -~.:) __--C) -7C:' :t: 2. \)..., ...t:.. -I ..J ...J .~ 0, ~ &, ~ r-' c? "'" <r' ~ ';>0 tj. --0 ~ t..? c.5\ r" q., -' -;:; -i"\ t'\~ ..c '2~\ :(i~.J;A ::-~ ~~.," r:::;) ',4 ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-02145 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES VS SHUPP MICHELLE GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHUPP MICHELLE the DEFENDANT , at 1933:00 HOURS, on the 9th day of May 2005 at 102 E MAIN STREET APT 5 MECHANICSBURG, PA 17055 by handing to MICHELLE SHUPP a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 7.40 .37 10.00 .00 35.77 _.---/?/ ~-" ~ i....~ ;?"L~~d--P?"~T.~ 1'" ~ R. Thomas Kline 05/10/2005 APOTHAKER & ASSOCIATES Sworn and Subscribed to before me this liE- day of By: ~ ~~ L. .-y- - Deputy S iff MJ"O';;~"/:I{ -v 0. 'rn.if.,./ . ~rothonotary , ~ A.D. -, .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Portfolio Recovery Associates, LLC Plaintiff v. No. 05-2145 Civil Michelle Shupp Defendant PETITION TO STRIKE. OR IN THE ALTERNATIVE. OPEN DEFAULT JUDGMENT Defendant Michelle Shupp, pro se, respectfully petitions the Court to open and/or strike the default judgment entered on August 7,2006. In support, Defendant states as follows: Petition to Strike 1. The default judgment was improperly entered. Defendant did not receive the required notice of intention to take default, and the notice of intention to take judgment by default attached to Plaintiff's Praecipe to Enter Default Judgment does not contain a certificate of service reflecting service of the notice upon Defendant. 2. Defendant therefore avers that no notice was served by Plaintiff as required for the entry of default. 3. Additionally, Plaintiff agreed to extend the time for Defendant to answer, such that no answer would be due until October 1, 2007. See June 17, 2005 letter attached as an Exhibit hereto (letter from Defendant's former counsel confirming agreement to extend time). Defendant has been making payments to Plaintiff pursuant to the terms of Exhibit A. Plaintiff has not given Defendant any notice of late payment that Defendant has not corrected. As such, Plaintiff improperly entered judgment by default. WHEREFORE, Defendant requests that the Default Judgment be stricken. ....J ... Petition to Open 4. In the alternative, Defendant requests that the Court open the Default Juqgment. 5. This Petition to Open is filed within 10 days of entry of the Default Judgment. 6. Defendant has a reasonable excuse for the delay in answering, namely that thE:! parties agreed to extend the time for answering until October 1, 2007. See Exhibit attached hereto 6. Defendant has a meritorious defense to the Complaint, in that the parties agreed to a settlement of Plaintiff's claims against Defendant. 7. Defendant is not in breach of the settlement agreement with Plaintiff and has been making payments pursuant thereto. 8. Attached hereto is the verified answer that Defendant seeks leave to file if the judgment is opened. WHEREFORE, if the default judgment is not stricken, Defendant requests that the judgment be opened. August lfe, 2006 2 - . VERIFICA liON Subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities, I have reviewed the foregoing petition and the facts set forth therein are true and correct to the best of my knowledge, information and belief. Dated: August\k, 2006 'AVfr McNees Wallace & Nurick LLC attorneys at law HELEN L. GEMMILL DIRECT DIAL: (717) 237-5273 E-MAIL ADDRESS:HGEMMILL@MWN.COM June 17, 2005 BY FAX Elaine Thomas Apothaker & Associates, P .C. Suite 405 1341 N. Delaware Avenue Philadelphia, PA 19125 RE: Portfolio Recovery Associates, LLC v. Michelle Shupp Cumberland County C.P. No. 05-2145 Civil Dear Ms. Thomas: Thank you for your cooperation in establishing a payment plan for the payment of the sum of $14,830.41. Per our discussion, payments will be made as follows: . Eleven monthly payments of $125 - paid on the 1st of the month for July 2005 through May 2006 (total of $1375); · Sixteen monthly payments of $475 - paid on the 1st of the month for June 2006 though September 2007 (total of $7600); · Lump sum payment of $600 on September 1, 2005; · Lump sum payment of $3000 on September 1, 2006; · Lump sum payment of $2000 on September 1,2007; · Final payment of $255.41 on October 1, 2007. Additionally, we are willing to enter into a stipulated judgment. The stipulated judgment would be filed with the court only if Ms. Shupp missed a payment, and the missed payment was not tendered within ten days after notice from your client that the payment was not received. In the meantime, the case would remain pending in the court (although we would have an extension until October 1,2007 to file any response to the complaint). Upon receipt of the final payment, you would dismiss the lawsuit with prejudice. Please confirm that this letter reflects the terms of our agreement. Sincerely, McNEES WALLACE & NURICK LLC By I/-L [ . {;-J,O Helen L. Gemmill c: Michelle Shupp PO. Box 1166.100 PINE STREET. HARRISBURG, PA 17108-1166 . TEL: 717.232.8000. FAX: 717.237.5300. WWW.MWN.COM HAZLETON, PA' LANCASTER, PA. STATE COLLEGE, PA. COLUMBUS, OH . WASHINGTON, DC 2 g. OJ ril, r n -/',' t;IS.' ~:'::I r......... \.~" >f-'. ~~~~ ~ .' 'i;....... N c;::;) c;:;:) a" ~ G? ~ ~:t1 -0 hi ~rJ cr. (~u :7'... ""T, :;t... ::D :20 ..c:...{"T1 S ~ -1 -0 :x: o (Jl ~ . APOTHAKER & ASSOCIATES, P.e. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff David 1. Apothaker, Esquire Attorney ID #38423 Plaintiff, ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 05-2145 ) ) Civil Action ) ) PORTFOLIO RECOVERY ASSOCIATES, LLC vs. MICHELLE SU SHUPP Defendant. PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC and against Defendant, MICHELLE SU SHUPP, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on May 9, 2005 by the CUMBERLAND Sheriffs Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on December 8, 2005, and also attached hereto. . . Assess damages in the amount of: (a) Balance: TOTAL $13,671.14 $ 1,093.76 $ 2,100.00 $12,664.90 (b) Interest from December 0 I, 2003 Minus payments of APOTHAKER OCIATES, P.C. Atto ys fo Plaintiff By: David J. Apothaker Dated: July 27, 2006 Our File No.: 54236 . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MICHELLE SU SHUPP 317 WEST MAIN STREET 2ND FL MECHANICSBURG, P A 17055 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 05-2145 ) ) Civil Action ) ) ) vs. MICHELLE SU SHUPP Defendant. NOTICE Pursuant to Rille 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. xx JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker. ESQ. at this telephone number: 215-634-8920 . . APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 05-2145 ) ) Civil Action ) ) ) vs. MICHELLE SU SHUPP Defendant. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND David 1. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 317 WEST MAIN STREET 2ND FL MECHANICSBURG, PA 17055; and that Defendant(s) is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments eret. David 1. pothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . CASE NO: 2005-02145 P . SHERIFF'S RETURN - REGULAR DStJ II ts COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PORTFOLIO RECOVERY ASSOCIATES v~~~nlYl~~ fl MAY 1 3 2005 W, By 6~ll ~5 VS SHUPP MICHELLE GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHUPP MICHELLE the DEFENDANT , at 1933:00 HOURS, on the 9th day of May ,~ at 102 E MAIN STREET APT 5 MECHANICSBURG, PA 17055 MICHELLE SHUPP by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: l~:~g .~~ ~ .37 f ' 1'~ 10.00 R. Thomas Kline .00 35.77 05/10/2005 APOTHAKER & ASSOCIATES Sworn and Subscribed to before day of By' ~ ~..lil, Deputy S iff me this A.D. Prothonotary APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (2 I 5) 634-8920 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD STEI00 NORFOLK, VA 23502 Plaintiff, vs. MICHELLE SU SHUPP 102 E MAIN ST MECHANICSBURG PA 17055 Defendant. TO: MICHELLE SU SHUPP DATE OF NOTICE: December 8,2005 ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) ) NO. 05.2145 ) ) ) ) ) NOTICE OF INTENTION TO TAKE DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: . CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 DAVID~' ESQUIRE 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorney for Plaintiff Attorney ill #38423 Our File No.: 0501185 . '. c x) n ~ \t. \ ~ ~ () - D ~ i ~ ~ - w ~ ~ U\ ~ i\\~ - .... ~ ~ ~ ~ ~ u ~ ~ J l\ ~ ~~ ... ~ ., i '" . <J' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Portfolio Recovery Associates, LLC Plaintiff v. No. 05-2145 Civil Michelle Shupp Defendant ANSWER WITH NEW MATTER Defendant Michelle Shupp, pro se, for her answer and new matter, states as follows: Answer 1. Upon reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and therefore denies the averment. 2. Denied. Defendant's current address is 317 W. Main Street, 2nd Floor, Mechanicsburg, PA 17055. 3. Upon reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and therefore denies the averment. Further answering, Plaintiff is not the credit card company used by Defendant. Defendant has only been informed that there is a connection between Plaintiff and the credit card company. 4. Admitted upon information and belief. 5. Admitted upon information and belief. 6. Admitted upon information and belief. 7. Denied. Further answering, Plaintiff and Defendant entered into a settlement agreement of all claims asserted in this action. Defendant has been making payments ~'. under the settlement agreement and is not in breach of the settlement agreement. See Exhibit attached hereto (letter dated June 17, 2005). 8. Denied. Further answering, Plaintiff and Defendant entered into a settlement agreement of all claims asserted in this action. Defendant has been making payments under the settlement agreement and is not in breach of the settlement agreement. See Exhibit attached hereto (letter dated June 17, 2005). 9. Admitted upon information and belief. WHEREFORE, Defendant request judgment in favor of Defendant and against Plaintiff. New Matter 10. Plaintiff and Defendant entered into a settlement agreement of all claims asserted in this action. 11. Defendant has been making payments under the settlement agreement and is not in breach of the settlement agreement. See Exhibit attached hereto (letter dated June H, 2005). WHEREFORE, Defendant request judgment in favor of Defendant and against Plaintiff. , i elle Shupp, 0 317 W. Main Street, nd Floor Mechanicsburg, PA 17055 (717) 877-2284 August /IP, 2006 2 ... VERIFICATION Subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities, I have reviewed the foregoing answer and the facts set forth therein are true and correct to the best of my knowledge, information and belief. tlJ.f{M . Michelle S pp Dated: August 1fe., 2006 3 . ... CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served by first class mail, postage prepaid on the date below, address as follows: David J. Apothaker Apothaker & Associates, P .C. 1341 N. Delaware Ave., Suite 405 Philadelphia, PA 19125 tLml';~ August/.k., 2006 ~ So.- -oCt; :1!r; '"7":. !7' <:7:1'-' -<:. ~r._ ~~ :3 I 1 ... , 'Cl> ~ ~ G'> ~ ~:!l -0 Ii} "'~JO btL\ ~:i,~ :.f, -0 ~4 C) ::1C ~fC1 _ S\ o ~ U1 - -' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AUG 1 8 2006 ( Portfolio Recovery Associates, LLC Plaintiff v. No. 05-2145 Civil Michelle Shupp Defendant ORDER AND NOW, this ~ day of ~ ~o ~ upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within :1-0 days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.,7 'If t.,,,", (4) depositions ^shall be completed within 4' days of this date; (5) argument shall be held on @(!:i; ~ "a06" in Courtroom 'f of the j1h~I1A?~County Courthouse; ~ dll 00 fJ. m · (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: n kD \i) ~;v o d~ J. VINVi\lASNN3d lIN"I"'" .,r"-'''''''n''' I\j... I!.!, " "'.';d~~1 v t ~ :8 Wd fJZ 50V 900, AlN10",OH.lOUd 3Hl:lO 38[:UO--0]113 PORTFOLIO RECOVERY, ASSOCIATES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW MICHELLE SHUPP, Defendant NO. 05-2145 CIVIL IN RE: PETITION TO STRIKE OR IN THE ALTERNATIVE OPEN DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 26th day of October, 2006, in accordance with the stipulation of the parties entered into of even date herewith, the Petition to Strike or in the Alternative Open Default Judgment is granted, and said judgment is stricken. By the Court, ~mberlY F. Scian, Esquire 520 Fellowship Road C306 Mount Laurel, New Jersey 08054 For Plaintiff #L Hess, J. ~ Michelle Shupp 317 W. Main Street, Mechanicsburg, PA Defendant 2nd Floor 17055 :bg I " L 0 : I ~ld 18 1:]0 900Z I UL/' '\",'-,. , (." I -"H.L' -10 ^W~.ll;j\IJ:.;L\.)C8:h -' :nH~O-Ojl1:l