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Home My WebLink About05-6109IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERMAN ACQUISITION, L.P. No. C) $ - (o l09 (21 C) L C??L_? l ASSIGNEE OF SEARS 15 SOUTH MAIN STREET GREENVILLE SC 29601- Plaintiff VS LISA D SHUGHART 1799 CESSNA ST CARLISLE PA 17013 Defendant(s) CIVIL ACTION - LAW Filed on behalf of: Plaintiff, SHERMAN ACQUISITION, L.P. Counsel of record for this party: Date: 1? Os dG' ??/ Amy F. Doy #87062 aniel F. Wolfson #20617 Philip C. W holic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 147616719 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SHERMAN ACQUISITION, L.P. ASSIGNEE OF SEARS Plaintiff ARBITRATION DOCKET VS No. DS - (o??q l lc?t (?? L LISA D SHUGHART Defendant(s) Hearing 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 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 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. LAWYER REFERRAL SERVICE - CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 (717)249-3166/(800)990-9108 4SQU HAVE BEEN SUED IN COURT. The above Notice to Defend explains what you must do to dispute the claims made a you. file the written response referred to in the Notice to Defend, a hearing before a board of arbitrators will t e in Room he Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, on at 9:00 am. IF YO TO FILE THE RESPONSE DESCRIBED IN THE NOTICE TO DE JUDGMENT FOR THE AMOUNT CLAIMED IN COMPLAINT MAY BE ENTERED AGAINST YOU tP@VR THE HEARING. If one or more of the Parties is not present at the he , THE ER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THB NT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENT Y A GE. NOTICE: YOU MUST RESPO THIS COMPLAINT WITHIN TWENTY (20) DAYS O GMENT FOR THE AMOUNT CLAIMED MAY NTERED AGAINST YOU BEFORE THE HEARING. IF ONE OR M THE PARTIES IS NOT PRESENT E HEARING, THE MATTER MAY BE HEARD IMMEDIATELY BEFORE A JUD HOUT THE ABSE ARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DE TERED W&A File No. 147616719 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERMAN ACQUISITION, L.P. No. OS - &,/09 ASSIGNEE OF SEARS Plaintiff VS CIVIL ACTION - LAW LISA D SHUGHART Defendant(s) COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files this Complaint and in support avers as follows: Plaintiff, Sherman Acquisition, L.P., 15 South Main Street Greenville, SC 29601- is a business entity doing business within the Commonwealth of Pennsylvania and the other states of the United States. 2. Defendant, Lisa D Shughart, is an adult individual with a last known address of 1799 Cessna St Carlisle, Cumberland County, PA 17013. 3. Defendant, , is an adult individual with a last known address of , Cumberland County, . 4. It is averred that Defendant(s) was/were issued an open end credit card account. 5. At all relevant times material hereto, Defendant(s) have/has used said charge card for the purchase of products, goods and/or for obtaining services. 6. Plaintiff provided Defendant(s) with copies of the Statement of Accounts showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant(s). A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A". CCP Cmplt - WOR 2 W&A File No. 147616719 7. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users is the sum of $4,702.48. Pursuant to the applicable Pennsylvania law, any unpaid or delinquent balances on said account shall continue to bear interest at the rate of 18 %. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $2,527.75. 10. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, LLP in the collection of the amounts due from Defendant(s) incident to the within action based upon 25 % of the principal amount due and owing, and Plaintiff shall continue to incur such attorney's fees through the conclusion of the proceedings. 11. The amount of attorney's fees which has accrued is the sum of $940.50. 12. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continue to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 13. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR 2 W&A File No. 147616719 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $4,702.48, reasonable attorney's fees in the amount of $940.50, plus interest in the amount of $2,527.75, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: it Gs' ' Amy 6Doyl 8 7062 aniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR 2 W&A File No. 147616719 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, they are authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Pleading are true and correct to the best of their 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 unswom falsification to authorities. Date: i a -d 7? Amy F. Doyle' 87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff Exhibit A?? W Q w K ?' H Fq ? in F W C al V1 ? W m ? 5 o w `* a w m A oV n o ? ? '^ w N „ w ?+ o a w w $ ? Wx N rin °? ?+ m a q y S ? H ? 2 a q O W W W ?. O O ? 4 a ? y ?n w m F? w o, ?' ? r"ii E E', m µZ? u ? t f• No ? a0 ? W V N. O F N W F p O ? H .'! a? `? m ? Q o? ?, a 4? ? o w °° ° W `? °?. F (v ? N rJ a O(. ? ?i O k N r? N ? N ra S' ? % U' O' O N W h[+ M U N W O Ur W? y N N ? qH ? ? m ? '% N ? ? ? k ? y Q fem.. [? O O ^? r ? F .] N a, O K, W WW W q V C Z U IA H W w `? 4 F O "? q N ? W (9 ? W P F H ° % Hy ? a `?. a o I c a pv "", vii V '?' w u°7 cEi o a o a N m FQ ? O q ? Wh ? Q w '1' O O? O G ? Wi Q w 5. ro o °,? ID '° W ?` w u O? s b .l N VWi c SUs+ ? ? ^ L' U Vl Q !L ?^ ?' N )C N W ?" 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SHERIFF'S RETURN - REGULAR CASE NO: 2005-06109 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERMAN ACQUISITION L P VS SHUGHART LISA D SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHUGHART LISA D the DEFENDANT at 1304:00 HOURS, on the 16th day of December , 2005 at 1799 CESSNA STREET CARLISLE. PA 17013 by handing to JOSH SHUGHART, ADULT SON OF LISA D. SHUGHART a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this A8 day of ava% A. D. So Answers: Thomas 12/19/2005 WOLPOFF & ABRAMSON By: , O Deputy Sheriff' Prq,t4?otota Curtis R. Long Prothonotary Office of the J)rotbonotarp QZumberYanb Q'Lountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0.5-1,10q 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 RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY n„P r,,,,rtt,,,,,c,.• rno,,in Danncvtaiania 17(" '1 • f-71-7) ')AA 41 OG . 17.- /'71'7\ ten