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HomeMy WebLinkAbout06-2228 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 MALI. DIST. NO. OR NAME OF D.J. GREAT SENECA FINANCIAL CORP. DJ PLACEY 09-3-04 ADDRESS OF APPELLANT CITY STATE ZIP CODE C/O WOLPOFF & ABRAMSON LLP 4660 TRINDLE RD - SUITE 300 CAMP HILL, PA 17011 'Al roc -11. T IN T,IFC FrS/PI AINTIFFI (DEFENDANT) 3/23/06 CLAIM NO. GREAT SENECA FINANCIAL CORP. vs YVONNE AUGUST CV YEAR 603-05 LT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. t00BB. This notice of Appeal, when received by the District Justice, will operate as No. 1001(61) 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. gna re o ru ono aty w epu 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 , appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(s) Name of appellees) (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. Date: , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Signature of Prothonotary or Deputy Froth. - 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 El a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , ?by personal service E]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year _ , [-] by personal service ? 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 ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _ _ DAY OF _ ., YEAR . Sgnatwe mAfhant sonature of ofrcial before whom affeavd was made a nee alaHical t Ln J"t My commission expires on , year ` -V ?? 'COMMONWEALTH OF PENNSYLVANIA r`nl InITv nF CMMZRLAND Mag_ Dist. No.. 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address' 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone'. (717) 761-8230 17050 NOTICE OF JUDL CASE /TRANSCRIPT CIVI PLAINTIFF: NAME and ADDRESS GREAT SENECA ASSIGNEE: PROVIDIAN 4660 TRINDLE ROAD C/O WOLPOFF & ABRAMSON LCAMP HILL, PA 17011 J vs. DEFENDANT: NAME and ADDRESS mAUGUST, YVONNE 4725 SEARS RUN DRIVE MECHANICSBURG, PA 17050 L J GREAT SENECA ASSIGNEE: PROVIDIAN 4660 TRINDLE ROAD Docket No.: CV-0000603-05 C/O WOLPOFF & ABRAMSON Date Filed: 11/04/05 CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment;, ® Judgment was entered for: (Name) numArr, _ wn+NE ® Judgment was entered against: (Name) eRilsT aln;ErA ARATQr E11- PROVTnT in the amount of $ -nn on: (Date of Judgment) z/21 D fi ? Defendants are jointly and severally liable. (Date & Time) ? 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 $ Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ .001 Certified Judgment Total ANY PARTY HAS THE RIGHT TO APPEAL. WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH *E PROTHON'OTAyRY/CIIERK.OF T'pp'?''????"" COURTbF COMMON fLEAS,'CI VIL DIVISION. YOU t. MUST INCLUDE A COPY OFTHIS NOTICE OF JIIDGMENTlrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date -/ Magisterial District Judge L certify that this is a true a copy of tQe yy?cord of the eedings containing the judgment. 2? Ctw Date Magisterial District Judge My commission expires first Monday of January, 2010. SEAL C,I C? AOPC 315-05 DATE PRINTED: 3./23/06 10:54:58 AN ''..Li IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., No.? A MARYLAND CORPORATION, ASSIGNEE OF PROVIDIAN NATIONAL BANK, Plaintiff vs. YVONNE AUGUST, Defendant CIVIL ACTION - LAW 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 is served, by entering a written appearance, personally of 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, 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 LAW OFFICES WOLPOFF A, ABRAMSON, L.L.F. ATFORNEYS IN THE PRACTICE OF DEBT COLLECTION 46601RINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 ]17303.6]00 w EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., No. A MARYLAND CORPORATION, ASSIGNEE OF PROVIDIAN NATIONAL BANK, Plaintiff vs. CIVIL ACTION - LAW YVONNE AUGUST, Defendant NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despu6s que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas on esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted per la Corte sin mas aviso per cualquier dinero reclamado en la Demanda o per cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LAW OFFICES WOLFOFF & ABRAMSON, L.L.P. AT]DRNEYS INTHE PRACTICE OF DEBT COLLECTION -0 W TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717303-6]00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., A MARYLAND CORPORATION, ASSIGNEE OF PROVIDIAN NATIONAL BANK, Plaintiff vs. YVONNE AUGUST, Defendant No. CIVIL ACTION - LAW COMPLAINT AND NOW, this ?? - day of i 2006, comes the Plaintiff, Great Seneca Financial Corp., a Maryland Corporation, Assignee of Providian National Bank, by and through its attorneys, the law firm of Wolpoff & Abramson, L.L.P., and files the within Complaint and in support avers as follows: Plaintiff, Great Seneca Financial Corp., a Maryland Corporation, 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 P.O. Box 1651, Rockville, MD 20849. 2. Defendant, Yvonne August, is an adult individual with a last known address of 4725 Sears Run Road, Mechanicsburg, Cumberland County, Pennsylvania 17050-2562. 3. It is averred that on February 24, 1998, Defendant was issued an LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS INTHE PRACTICE OF DEBT COLLECTION J 60THINDLE ROAD THIRD FLOOR open-end credit card account by Plaintiff s assignor, Providian National Bank, with account number 4479482300572272. This account was created through a CAMP HILL, PA 17011 717-303-6]00 Cardmember Agreement between Plaintiff s assignor and Defendant, accepted by Defendant when he signed and utilized the credit card account. 4. 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 and/or funds. 5. Defendant received monthly statements from Providian Bank which accurately stated all purchases and payments made during the month, interest charges imposed on the unpaid balance, and the amount due. 6. Defendant did not object to the above-mentioned monthly Statements of Account submitted by Plaintiffs assignor to Defendant. Defendant has made sporadic and irregular payments, if any, which have been applied to the outstanding balance of this account. Defendant's last payment was made on July 21, 2003. 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 Two Hundred Fifteen and 32/100 ($3,215.32) Dollars. 9. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 10. Despite reasonable and repeated demands for payment, Defendant LAW OFFICES WOLPOFF & ABRAMSON, L.L.P ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 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. 71730&6700 It. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff 12. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, Great Seneca Financial Corp., a Maryland Corporation, Assignee of Providian National Bank, respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, Yvonne August, in the amount of Three Thousand Two Hundred Fifteen and 32/100 ($3,215.32) Dollars, plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, (ink ? C'.?)A Andrew C. Spears, Esquire ID No. 87737 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3`d Floor Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRIHOLR ROAD THIRD FLOOR CAMP HILL, PA 17011 717 303-67M VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, Great Seneca Financial Corp., a Maryland Corporation, 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 LAW OFPICFS WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD THIRD FLOOR to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. C?X LU Amy F. Doyle, Esqui 6' ID No. 87062 Daniel F. Wolfson, Esquire ID No. 20617 Philip C. Warholic, Esquire ID No. 86341 Andrew C. Spears, Esquire I D No. 87737 David R. Galloway, Esquire ID No. 87326 Tonilyn M. Chippie, Esquire ID No. 87852 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3`3 Floor Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff CAMP HILL, PA 17011 717-303-6700 M ! f r M M - F- r rJ u M 0 - ?pyslma? - O 'ill neraou -?n c r a^o ? _-_ P: ,?,ae ru V` t t Haqu x F N , ,p ?_ _ ?-- .. . J .. ul E3 ?5;,m rr VY I - 3 ? f fie t Anr Nor ?} ^ P(JS xNa \?ol..?._-. eQ tf p ..:?Y- V°4J _.- ze, :11 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 COUNTYOF l/A&ec6N as AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. ® 6 - XQ 0 C t V t 5 , upo11111???nn xxxtthe District Justice designated therein on (date of service) C t_ I a year o 0 , ? bqyy personal serviceXIby (certified) (registered) mail, sender's rec ipt attached he eto, Ind upon the appellee, (name on 1 1 year a00 L ? by personal service by (o> ed) (registered) mail, sender's receipt attached hereto. ? 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 ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. SWORN (A FIRMED) AND SUBSCRIBED BEFORE ME ?. T ? D?Y OF?ri 1 _, YEAF. nature ofaHicial before wham slid ?- as ma0e pJ„TH OF PEWNSvt iQNen M Title of official Notarial SNeal Dina A. Sweltzer, ry Public ota My commis ionWapipCapt mg_rulntland.gy MY Commission Expires Apr. 16, ?r Sgnalure of Affiant rd rd CERTIFIED CERTIFIED MAILTM-RECEIPT _ Mall Only; No Insurance Coverage pM Ided) S en ?+..rrir?:a.rwue?yyyy m `n r3ya i s ? O Certified Pee O Postmarlr, C3 Return Receipt Pee (Endorsement ReQmretl) J'!t` `ie •g-, C3 Restrleied Dolivery Fee 7 J1 (Entlomene"I Reeuiredl 1 V\ Total Rostoye a Fees ul 0 0 r` COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 NT MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) VS. CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR -- _-- ,I This block will be signed ONLY when this notation is required under PA. If appellant was Cla R.C.P.J.P. No. 1008B. imant (see PA R.C. P.J. P. 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. Signature o ro ono notary or uepirry PRAECIMT.O ENTER RULE TO FILE COMPLAINT ANbftULE 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 appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s) Name of appellees) (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. Date: White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Year Signature of Prothonotary or Deputy Froth. - 76 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., No. 06-2228 CIVIL A MARYLAND CORPORATION, ASSIGNEE OF PROVIDIAN NATIONAL BANK, Plaintiff VS. CIVIL ACTION - LAW YVONNE AUGUST, CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, do hereby certify that I served a copy of Plaintiff's Notice of Appeal and a time stamped copy of the Complaint, upon Defendant, by First Class, Certified Mail, Postage Pre-Paid, a copy thereof on this ?1, day of April, 2006, to: YVONNE AUGUST 4725 SEARS RUN ROAD MECHANICSBURG, PA 17050 C_- Amy F. Doyle #87062 Daniel F. Wolfson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., 3`d Floor Camp Hill, PA 17011 (717) 303-6700 W&A # 145665984 ,. IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINANCIAL CORP., A MARYLAND CORPORATION, No. 06-2228 ASSIGNEE OF PROVIDIAN NATIONAL BANK, Plaintiff vs. CIVIL ACTION - LAW YVONNE AUGUST, Defendant ANCWFR On this 15`h day of May, 2006, comes the Defendant, Yvonne August, Pro Se, filing the following Answer in response to the above-captioned matter answer as follows: I am the Defendant in this matter now responding to a matter which was dismissed by D.J. Placey on 3/23/06 due to Plaintiff's failure to make appearance, yet has now filed an appeal in Civil Court for an undisclosed time and date. I was prepared to state my case when I took off work and appeared in District Court in March when Plaintiff wasted the Court's and my time and money by not being responsible enough to be present. 2. Admitted, I do reside at address listed and am responding to the Complaint, even though I was not properly served and you have no signature in writing as to my receipt of such Complaint. 3. Admitted. 4. Admitted in part, Denied in Part. The Providian charge card had not been used in years, thus it doesn't have regular use. 5. Admitted in Part, Denied in Part. I received such statements until sometime in 2003 and then they stopped after Providian was unwilling to make affordable payment arrangements, during a very financially devastating time for me. Since I wasn't able to pay their monthly minimums with all the added fees, and couldn't make settlement for what they wanted lump sum, refusing to work with me, they stopped billing me and marred my credit, apparently writing bill off. Prior to this I was trying to make payments despite the fact that I had lost my job, was on unemployment, and was then underemployed for some time, just trying to hang on to my home and support my girls on my own. During this time also, my ex-husband stopped paying child support for over 1 year and it took almost 2 years to have him start paying on arrears. I did try to pay off the creditors that did work with me to stay afloat since I never wanted to file bankruptcy. I was trying to pay everyone something that I got behind on my rent and then was ultimately asked to give notice for that. I was forced to use this card primarily to feed, clothe and shelter my family. It was with unforeseen circumstances, financial & otherwise, that I'm still trying to dig out of , that I was unable to pay on the card regularly. 6. Denied. I did repeatedly object when creditor would call, that they wouldn't work with me and continued to skyrocket charges. I could do nothing then but not make payments due to my inability to pay, not my unwillingness. They were adding on extra interest, over limit fees and late charges so that the payments I was able to make one month were as if I wasn't making a payment at all. If I didn't pay in full, late charges were imposed and it would keep putting me over the limit then from the last payment, giving me an over the limit fee, not getting credit for what I did pay. It was just an endless cycle and Providian was just not willing to work with me as some other creditors were. I had to pay those that would work with me and there was only so much money to go around. I am very in debt today as a result from debt years ago which I couldn't manage due to circumstances. 7. Admitted. Again, Providian was unwilling to work with me and then eventually stopped billing me (refer to # 5 & # 6above). 8. Denied. This reads as if total is for purchases only while many charges and then additional fees, including I believe unwarranted late and attorney fees were added, making it unaffordable. I would like to see a breakdown of the actual charges. 9. Denied. Since I didn't hear anything for several years about this debt. I trust it has all those years of interest tacked on after Wolfpoff & Abramson bought up this inactive debt from Great Seneca who obviously now own Providian. 10. Denied. Demands have not been reasonable nor have they been repeated. They demanded in-full payments or unreasonable amounts as I've already outlined, which I could not pay back in 2003. Then to the best of my knowledge, no attempts were made until the last 6 months or so by Wolpoff & Abramson once they owned the debt. After receiving correspondence in December 2005, I went to Wolpoff & Abramson's online site to arrange monthly payments of $80/month to settle this debt once and for all. It was on 12/7/05 that I authorized an online payment to be withdrawn monthly from my checking account beginning in January for $80/mo. (confirmation #145665984.) 1 called Mr. Lyerly at Wolpoff & Abramson several days later to keep this matter from going to court, let him know of my payment arrangements and to see if there was some possible settlement in sight, with my tax return in mind. He was very difficult and inflexible, saying that HE wouldn't accept the $80/mo, that he wanted $150/mo starting in Dec., not Jan. The only lump sump settlement he'd agree to was to take the $3297.32 they were seeking and lowering it to $2309 but it had to be paid immediately, within 2 weeks, by the end of December. This too I could not do, it just wasn't in my means and so I went to Disrtict Court, to offer the information laid out before you, only to have them not show and refuse my efforts to that date. It seems like they want an Order of a lump sum payment or nothing at all. 11. Denied in Part. Admitted in Part. Again, I made an attempt to settle this debt with auto payments to begin in January 2006 for $80/mo but they were refused, wanting $150 a month and the monies never withdrawn, despite my confirmation number. Back in 2003, my last contact with the creditor Providian, before Wolpoff & Abramson bought the debt years later, I begged them to work with me so that this debt may have been settled by now, all to no avail. At this time Wolpoff & Abramson call my home repeatedly leaving recording messages for payment so as to not go to court, but nothing is good enough for them and the judgment against me had been dismissed as I've shown good faith and the company currently owing this debt, Wolpoff & Abramson has not. Again, they had more than one opportunity for payment. (EXHIBIT A). 12. Denied in Part. I'm not sure if the amount in controversy alleged IS within the jurisdictional amount requiring compulsory arbitration and I would asked that this be examined, for a fair & just assessment. I am currently at risk of losing my job by the end of May and am in a transitional state, thus not sure of my financial future. WHEREFORE, Defendant, Yvonne August, Pro Se, respectfully requests this Honorable Court to relieve Defendant of said judgment or reduce it to the principle or less with reasonable monthly payments, devoid of any further charges or other relief as the court deems proper and just. My credit has already been ruined by the time span and unwillingness of these creditors to work with me. Dated: J ? o6 Resnectfullv c»hmittPrl Mechanicsburg PA 17050 4725 Sears Run Rd VERIFICATION The undersigned hereby states that I am the Defendant, Yvonne M. August, that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of Ma.C.S. section 4904, relating to unswom falsification to authorities. Dated: CP August, Pro Se L COMMONWEALTH OF PENNSYLVANIA mt INTY nF- CUMBERLAND May. D,si No.. 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address. 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 YVONNE AUGUST 4725 SEARS RUN DRIVE MECHANICSBURG, PA 17050 HEARING: CIVIL ACTION HEARING Date: 03/23/06 Place:DISTRICT COURT 09-3-04 104 S SPORTING HILL RD Time: 9:15 AM MECHANICSBURG, PA 17050 NOTICE OF INTENT TO DEFEND PLAINTIFF: NAME and ADDRESS [GREAT SENECA ASSIGNEE: PROVIDIAN 4660 TRINDLE ROAD C/O WOLPOFF & ABRAMSON LCAMP HILL, PA 17011 J vs. DEFENDANT: NAME and ADDRESS FAUGUST, YVONNE 4725 SEARS RUN DRIVE MECHANICSBURG, PA 17050 L _I Docket No.: CV-0000603-05 Date Filed: 11/04/05 . asa PLAINTIFF: GREAT SENECA ASSIGNEE: PROVIDI You are hereby notified that the defendant named below has given notice of his intent to present a defense at the hearing in the above case. DEFENDANT: AUGUST, YVONNE 12/09/05 Date My commission expires first Monday of January, 2010 '-Ma- Judge fir ` S L DATE PRINTED:12/09/05 9:10:16 AM AOPC 623-05 C-) C-7 zr?=- _, -t ni Old :r° ?_r rat • = r N } I -TI 49 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREAT SENECA FINAN. ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF PROVIDIAN FINANCIAL 210 SYLVAN AVENUE ENGLEWOOD CLIFFS,NJ 07632 Plaintiff VS. YVONNE M AUGUST 4811 BRIAN RD MECHANICSBURG PA 17050-3014 Defendant (s) No. 06-2228 PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, SATISFIED AND DISCONTINUED. Respectfully submitted, By: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 David R. Galloway #87326 Philip C. Warholi AW" p Robert N. Polas, Jr. #201259 Sarah E. Ehasz J86469 Bruce H. Cherk.is #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (800) 830-2793 Fax: (866) 281-9028 cc: PAPR4/PA176A W&A FILE NO. 145665984 r-? CAI C7 R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Email: cmarsarodmarzella.com Pennsylvania Supreme Court I.D. No. 86072 By: Zachary D. Campbell, Esquire Pennsylvania Supreme Court I.D. No. 93177 3513 North Front Street Attorneys for Plaintiff Harrisburg, PA 17110 Hannah Voytac Telephone: (717) 2347828 Facsimile; (717) 2346883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HANNAH VOYTAC Plaintiff Docket No. 06-2288 Civil Action - Medical Malpractice V. MICHELLE LATSHA, PA C; PUSHPA MUDAN, M.D.; HOLY SPIRIT HOSPITAL; INTERNISTS OF CENTRAL PENNSYLVANIA, LTD.; Defendants JURY TRIAL DEMANDED PLAINTIFF'S AMENDED MOTION FOR CONTINUANCE OF TRIAL AND NOW, Plaintiff, Hannah Voytac, by and through her attorneys, R. J. Marzella & Associates, P.C., files this instant Motion for Continuance of Trial and avers the following: 1. On or about April 24, 2006, Plaintiff filed this instant medical malpractice action against Michelle Latsha, PA-C, Pushpa Mudan, M.D., Holy Spirit Hospital, and Internists of Central Pennsylvania, Ltd. by way of filing a Writ of Summons. 2. On or about July 10, 2006, Plaintiff filed a Complaint against the above captioned Defendants alleging, among other things, that the Defendants failed to properly diagnose and treat Plaintiffs stroke. 3. Due to circumstances that were beyond the control of Plaintiff, discovery was not completed by its deadline. 4. As such, it is not feasible for Plaintiff to effectively present this case at trial by the pre-determined date. 5. As a result, Plaintiff requests this Motion for Continuance of Trial, in an effort to ensure that all discovery, including all expert reports and depositions, is completed. 6. Defense Counsel concurs with this Motion for Continuance of Trial. 7. This is the first time this case has been listed for trial, and Plaintiffs have not requested a continuance in the past. 8. As a result, Plaintiff requests that this Honorable Court grant a continuance of the trial of this matter so that it may be relisted for a future trial term. 9. A judge has not ruled upon any other issue in the same or related matter. WHEREFORE, Plaintiff, Hannah Voytac, requests this Honorable Court to grant Plaintiffs Motion for Continuance of Trial. 2 Dated: 5- `'1 4 CERTIFICATE OF SERVICE I, Krystle L. Jackson, hereby certify that a true and correct copy of the foregoing document was served upon defendants, and counsel of record this 5' day of August, 2008, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Thomas Chairs, Esquire DIME, MCCAMEY & CHILCOTE, PC 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 BY: R. J. MARZELLA & AssoclATEs, P.C. Krystle a 1, C3 t.s?