HomeMy WebLinkAbout06-2651IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C. No. 010 -C24-.91
?/V I ?r23ws
ASSIGNEE OF CHASE MANHATTAN BANK
210 SYLVAN AVENUE
ENGLEWOOD CLIFFS NJ 07632-
Plaintiff
VS
SHERI L HECKMAN
2 BRIAR OAK LN
CARLISLE PA 17013
Defendant(s)
CIVIL ACTION - LAW
Filed on behalf of:
Plaintiff, PALISADES COLLECTION,L.L.C.
Counsel of record for this party:
Date: 1rD 4 LZ ? 4&40
Amy F. Doyle #87 2 / Daniel F. Wolfson #20 17
Philip C. Warholic 86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259
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. 153586858
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C. :No.
ASSIGNEE OF CHASE MANHATTAN BANK
Plaintiff
VS
SHERI L HECKMAN
Defendant(s)
:CIVIL ACTION - LAW
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 an attorney and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed or any other claim or relief requested by the
Plaintiff. You may lose money or property 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 HELP. 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
CCP Notice to Defend
W&A File No. 153586858
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C. :No.
ASSIGNEE OF CHASE MANHATTAN BANK
Plaintiff
VS
SHERI L HECKMAN
Defendant(s)
:CIVIL ACTION - LAW
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 accidn dentro veinte (20) dias
despues 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 en esta contra usted. Usted es advertido que si falla de hacerlo el caso
puede proceder sin usted y un juzgamiento puede set entrado conta usted por la Corte sin mas
aviso por cualquier dinero reclamado en la Demanda o por 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
CCP Notice to Defend
W&A File No. 153586858
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
ASSIGNEE OF F CHASE MANHATTAN BANK rut l
Plaintiff
VS
SHERI L HECKMAN
Defendant(s)
COMPLAINT
:CIVIL ACTION - LAW
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, PALISADES COLLECTION,L.L.C. ASSIGNEE OF CHASE MANHATTAN
BANK , 210 Sylvan Avenue Englewood Cliffs, NJ 07632- is a business entity doing business within
the Commonwealth of Pennsylvania and the other states of the United States.
2. Defendant, SHERI L HECKMAN, is an adult individual with a last known address of 2
Briar Oak Ln Carlisle, Cumberland County, PA 17013.
3. It is averred that Defendant was issued an open end credit account (hereinafter
"Account").
4. At all relevant times material hereto, Defendant has been regular users of said Account
for the purchase of products, goods and/or for obtaining services.
5. Defendant was provided 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. A true and correct copy of the Statement of Account is attached hereto,
incorporated herein and marked as Exhibit "A."
CCP Cmplt - WOR
W&A File No. 153586858
6. Defendant did not object to the above-mentioned statement submitted by Plaintiff and/or
its assignors to Defendant.
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 and/or any authorized
users is the sum of $35,175.95.
8. Interest has accrued from the charge off date at a 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 $18,405.21.
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
incident to the within action based upon 20% 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 $7,035.19.
12. Despite reasonable and repeated demands for payment, Defendant has 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.
13. Plaintiff performed any and all conditions precedent to the bringing of this action.
14. The amount in controversy exceeds the jurisdictional amount requiring compulsory
arbitration.
CCP Cmplt - WOR
W&A File No. 153586858
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of
the Plaintiff and against Defendant in the amount of $35,175.95, plus interest in the amount of
$18,405.21, plus attorney's fees in the amount of $7,035.19, plus costs of this action and any other relief
as this Court deems just and reasonable.
Respectfully Submitted,
Date: OG (4L (;
Amy F. Doyle # 0621 Daniel F. Wolfson #20617
Philip C. Warho c #86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259
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
W&A File No. 153586858
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: s r b - P" (?
Amy F. Doyle #87 62 / Daniel F. Wolfson #20617
Philip C. Warholic #86341 / Andrew C. Spears #87737
David R. Galloway #87326 / Tonilyn M. Chippie #87852
Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259
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 - W OR
W&A File No. 153586858
Exhibit "All
PLAINTIFF = 425230
ACCOUNT NUMBER = 5466470303010129
POOL ID = CHASHB
CURRENT BALANCE = 35175.95
LSTPYMTDT = 20021006
CO DATE = 20030530
DEBTOR #1 LAST NAME = HECKMAN
DEBTOR #1 FIRST NAME = SHERI L
DEBTOR #1 MIDDLE NAM=
DEBTOR #1 ADDR 1 = 2 BRIAR OAK LN
DEBTOR #1 ADDR 2 =
DEBTOR #1 CITY = CARLISLE
DEBTOR #1 STATE = PA
DEBTOR #1 ZIP = 170139402
DEBTOR #1 HOMEPHONE = 7172438487
DEBTOR #1 WORKPHONE = 0000000000
DEBTOR #1 SOCSEC =
DEBTOR #1 DOB=
DEBTOR #2 LAST NAME _
DEBTOR #2 FIRST NAME _
DEBTOR #2 MIDDLE NAM =
DEBTOR #2 ADDR 1 =
DEBTOR #2 ADDR 2 =
DEBTOR #2 CITY =
DEBTOR #2 STATE _
DEBTOR #2 ZIP =
DEBTOR #2 HOMEPHONE _
DEBTOR #2 WORKPHONE _
DEBTOR # SOCSEC =
DEBTOR#2 DOB =
DEBTOR = 3886522
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SHERI L. HECKMAN
Defendant CIVIL ACTION LAW
PRELIMINARY OBJECTIONS
1. The Plaintiff has indicated that the Defendant was is ued an open end credit
account. The Complaint fails to provide sufficient material facts ao to the cause of action.
2. If the Defendant's liability is premised on a contra(
to state if it is oral or written, and if written, to provide the rr
3. The Plaintiff fails to aver the time and the place of
COLLECTION, L.L.C., : IN THE COURT OF COMMON PLEAS
OF CHASE MANHATTAN BANK CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 2006 - 2651 CIVIL TERM
obligation, the Plaintiff
part of the writing.
issuance of any credit
nt.
4.
The Plaintiff fails to provide copies, dates and
of delivery of the
represents.
which the alleged true and correct copy of the Exhibit,, Statement of Account,
5. The Plaintiff avers that the failure to obtain the
document to be filed in an "expedient and timely fashion" but
fication by the Plaintiff cannot be obtained within the time allc
Wherefore, The Defendant respectfully requests that the
O'BRIEN,
Robert L. C
I.D. # 2835
19 West Sc
Carlisle, Pe
(717) 249-(
by the party is to allow
to explain why a proper
for filing the pleading.
be dismissed.
submitted,
& SCHERER
Esquire
Street
?Ivania 17013
r
PALISADES COLLECTION, L.L.C.,
ASSIGNEE OF CHASE MANHATTAN BANK
Plaintiff
V.
IN THE COUR? OF COMMON PLEAS
CUMBERLAN COUNTY, PENNSYLVANIA
NO. 2006 - 2651 CIVIL TERM
L.HECKMAN
Defendant CIVIL ACTION LAW
VERIFICATION
I, Sheri L. Heckman, the undersigned, verify that the statements made in the
Preliminary Objections are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
June,2006
1"
PALISADES COLLECTION, L.L.C.,
ASSIGNEE OF CHASE MANHATTAN BANK
Plaintiff
V.
ISHERI L. HECKMAN
Defendant
IN THE COURT
CUMBERLAND
NO. 2006 - 2691
CIVIL ACTION 4 LAW
CERTIFICATE OF SERVICE
I hereby certify that on June ;?- , 2006, I, Robert L. O'
3aric & Scherer, did serve a certified true and correct copy of the
first class U.S. mail, postage prepaid, to the party listed below, a:
Philip C. Warholic, Esquire
Wolpoff & Abramson, LLP
4660 Trindle Road, 3`a Floor
Camp Hill, Pennsylvania 17011
Robert L. O'Brien,
Attorney for Defer
COMMON PLEAS
JNTY, PENNSYLVANIA
CIVIL TERM
Esquire, of O'Brien,
inary Objections, by
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC, NO. 2006 - 2651 CIVIL
ASSIGNEE OF CHASE
MANHATTAN BANK,
PLAINTIFF
VS. CIVIL ACTION - LAW
SHERI L. HECKMAN,
DEFENDANT
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
Complaint and Notice 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 & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE
CUMBERLAND, PENNSYLVANIA
PALISADES COLLECTION LLC, NO. 2006 - 2651 CIVIL
ASSIGNEE OF CHASE
MANHATTAN BANK,
PLAINTIFF
VS. CIVIL ACTION - LAW
SHERI L. HECKMAN,
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 en 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 por la Corte sin mas aviso
por cualquier dinero reclamado en la Demanda o por 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
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC, NO. 2006- 2651 CIVIL
ASSIGNEE OF CHASE
MANHATTAN BANK,
PLAINTIFF
VS.
CIVIL ACTION - LAW
SHERI L. HECKMAN,
DEFENDANT
AMENDED COMPLAINT
AND NOW, this day of S\XC& , 2006, comes the
Plaintiff, by and through its attorneys, the law firm of Wolpoff & Abramson,
L.L.P., and files the within Amended Complaint in an attempt to cure any defects
alleged in Defendant's Preliminary Objections and in support avers as follows:
1. Plaintiff, PALISADES COLLECTION L.L.C., ASSIGNEE OF
CHASE MANHATTAN BANK, is a corporation attempting to collect upon a
debt 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, SHERI L. HECKMAN, is an adult individual with a
last known address of 2 Briar Oak Lane, Carlisle, Cumberland County,
Pennsylvania.
3. It is averred that on January 22, 1995, Defendant was issued an
LAW OFFICES
WOLPOFF & ABRAMSON, LLP.
ATTORNEYS IN TIM PRACTICE
OF DEBT COLIEC77ON
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303.6700
open-end credit card account by Plaintiff's assignor, Chase Manhattan Bank, with
account number 5466470303010129. This account was created through a
Cardmember Agreement between Plaintiff and Defendant, accepted by Defendant
when she signed the credit card and utilized the credit card account. A true and
correct copy of the applicable Cardmember Agreement governing this account is
attached hereto as Exhibit "A."
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 Chase Manhattan
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 Plaintiff's assignor to Defendant.
7. Defendant has made sporadic and irregular payments, if any,
which have been applied to the outstanding balance of this account. Defendant's
last payment on this account was made on October 6, 2002.
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 any authorized users is the sum of Thirty-Five Thousand
One Hundred Seventy-Five and 95/100 ($35,175.95) Dollars.
9. 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 18.00% percent.
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRAC77CE
OF DEBT COLLECTION
4880 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717.303$700
10. The amount of interest which has accrued on the aforementioned
account is the sum of Eighteen Thousand Four Hundred Five and 21/100
($18,405.21) Dollars
11. Plaintiff has retained the services of the law firm of Wolpoff &
Abramson, L.L.P. in the collection of the amount due from Defendant.
12. 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.
13. The amount of attorney's fees incurred in this matter is the sum of
Seven Thousand Thirty-Five Dollars and 19/100 ($7,035.19) Dollars.
14. 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.
15. Any and all conditions precedent to the bringing of this action have
been performed by Plaintiff.
16. The amount in controversy exceeds the jurisdictional amount
requiring compulsory arbitration.
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-30&6700
WHEREFORE, Plaintiff, PALISADES COLLECTION L.L.C.,
ASSIGNEE OF CHASE MANHATTAN BANK, respectfully requests this
Honorable Court enter judgment in favor of Plaintiff and against Defendant,
SHERI L. HECKMAN, in the amount of Sixty Thousand Six Hundred Sixteen
and 35/100 ($60,616.35) Dollars, plus costs of this action and such other relief as
the Court deems proper and just.
Respectfully submitted,
OWL V -kD't
Andrew C. Spears, Es ire ID No. 87737
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 3rd Floor
Camp Hill, PA 17011
(717) 303-6752
Counsel for Plaintiff
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN TILE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff,
PALISADES COLLECTION L.L.C., ASSIGNEE OF CHASE MANHATTAN
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 Amended 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.
Andrew C. Spears, Esquire ID No. 87737
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 3rd Floor
Camp Hill, PA 17011
(717) 303-6752
Counsel for Plaintiff
LAW OFFICES
?,. WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS I THE PRACTICE
OF DEBT COLLECTION
4660 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC, NO. 2006 - 2651 CIVIL
ASSIGNEE OF CHASE
MANHATTAN BANK,
PLAINTIFF
vs. CIVIL ACTION - LAW
SHERI L. HECKMAN,
DEFENDANT
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing
Amended Complaint on counsel for Defendant, by First Class Mail, Postage Pre-
4
Paid, a copy thereof on this _Lq day of , 2006, to:
Robert L. O'Brien, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Gan --?
Andrew C. Spe , Esquire ID No. 87737
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 3rd Floor
Camp Hill, PA 17011
(717) 303-6752
Counsel for Plaintiff
LAW OFFICES
WOLPOFF & ABRAMSON, L.L.P.
ATTORNEYS IN THE PRAC77CE
OF DEBT COLLECTION
46W TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
717-303-6700
PALISADES COLLECTION, LLC :
ASSIGNEE OF CHASE
MANHATTAN BANK,
Plaintiff
V.
SHERI L. HECKMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
II
NO. 200 -2651 CIVIL TERM
CIVIL ACTION-LAW
PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT
1. The Plaintiff has indicated that the Defendant was issued an open end
credit account. The Complaint fails to provide sufliicient material facts as to the cause
of action. If the Defendant's liability is premised o6 a contractual obligation, the Plaintiff
has failed to attach to its Complaint anything except the standard boiler plate language
which is used in thousands if not millions of its documents and the attachment fails to
have any signature indicating that the Defendant is anyway liable or responsible.
Accordingly, the Plaintiff has failed to provide the material part of the writing.
2. The Plaintiff fails to aver the time and the place of the issuance of any
credit account. The Plaintiff fails to provide copies) and the dates and items for the
purchases of products, goods, services or funds.
3. The Plaintiff fails to state the dates and places of delivery of the
statements on the alleged account.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Robert L. O'Brien, Esquire
I.D. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
i
VERIFICATION
I verify that the statements made in the for going Preliminary Objections to
Amended Complaint are true and correct to the best of my knowledge, information and
belief. This verification is signed by Robert L. O'B?ien, Esquire, Attorney for Defendant
and is based upon the statements provided by Deiendant, as well as documents
reviewed by the undersigned as attorney for Defendant. The Defendant is unavailable
and in order to file this document in a timely fashion the Defendant has authorized
counsel to sign this verification. The undersigned understands that false statements
herein are made subject to penalties of 18 Pa.C.S.I §4904, relating to unsworn
falsifications to authorities.
Robert . O'Brien, Esquire
?,
Dated: -2/2A
.. 4
I hereby certify that on July 7, 2006, I, Robert L. O'Brien, Esquire, of O'Brien,
Baric & Scherer, did serve a certified true and correct copy of the Preliminary
Objections, by first class U.S. mail, postage prepaid, to the party listed below, as
follows:
Andrew Spears, E quire
Wolpoff & Abramson, LLP
4660 Trindle Road, ' Floor
Camp Hill, Pennsylva is 17011
ert L. O'Brien, Esquire
rney for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC,
ASSIGNEE OF CHASE
MANHATTAN BANK,
PLAINTIFF
vs.
SHERI L. HECKMAN,
DEFENDANT
NO. 2006 - 2651 CIVIL
CIVIL ACTION - LAW
PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY
OBJECTIONS
I
AND NOW, this _?day of 2006, comes the
Plaintiff, by and through its attorneys, the law firm of Wolpoff & Abramson,
L.L.P., and files the within Response to Defendant's Preliminary Objections and
in support avers as follows:
Conclusion of law, no response required. If a response is required,
any and all allegations or insinuations of wrongdoing on the part of Plaintiff are
hereby denied. By way of further response, Plaintiff's Amended Complaint
clearly states that Defendant was issued an open-end credit card account by
Plaintiff s assignor, Chase Manhattan Bank on January 22, 1995. Further, a copy
of the terms and conditions governing this account was attached to the Amended
Complaint. Plaintiff has certainly pled with sufficient particularity as to enable
Defendant to prepare a response.
2. Conclusion of law, no response required. If a response is required,
LAW OPRICM
WOLPOFP k ABRAMSON, Lc
OF DEBT COL MON
H MIND ROAD
THIRD RL
CHAP HILL, PA 11011
1119038)00
any and all allegations or insinuations of wrongdoing on the part of Plaintiff are
hereby denied. By way of further response, Plaintiff s Amended Complaint
4
clearly states that Defendant was issued an open-end credit card account by
Plaintiff s assignor, Chase Manhattan Bank on January 22, 1995. Further, a copy
of the terms and conditions governing this account was attached to the Amended
Complaint. Plaintiff has certainly pled with sufficient particularity as to enable
Defendant to prepare a response. hi addition, it is specifically denied that
Plaintiff is required to provide copies of purchases of products and services to the
Amended Complaint. Such items should more properly left to discovery.
3. Conclusion of law, no response required. If a response is required,
any and all allegations or insinuations of wrongdoing on the part of Plaintiff are
hereby denied. By way of further response, Plaintiff s Amended Complaint
clearly states that Defendant was issued an open-end credit card account by
Plaintiff s assignor, Chase Manhattan Bank on January 22, 1995. Further, a copy
of the terms and conditions governing this account was attached to the Amended
Complaint. Plaintiff has certainly pled with sufficient particularity as to enable
Defendant to prepare a response. In addition, it is specifically denied that
Plaintiff is required to provide copies of purchases of products and services to the
Amended Complaint. Such items should more properly left to discovery.
LAW OFRM
WO POPP! ABRAM ON, LYR
ATTORNEYS M=PR MCE
OPOEBTCOLLECTfON
? T NME ROAD
THIRD FLOOR
CAMP HILL, PA 1M11
T1],903BJ00
WHEREFORE, Plaintiff, PALISADES COLLECTION L.L.C.,
ASSIGNEE OF CHASE MANHATTAN BANK, respectfully requests that this
Honorable Court dismiss Defendant, SHERI L. HECKMAN'S Preliminary
Objections and enter Judgment in favor of Plaintiff.
Respectfully submitted,
Andrew C. Spears, Es uire ID No. 87737
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 31d Floor
Camp Hill, PA 17011
(717) 303-6752
Counsel for Plaintiff
uW OMCP.5
WOU'ORA AL AUAMON, UL ..
ATTOR nINT PAACnI
O DS COL MON
< MIND MAD
T IRD FLOOR
CAMP HILL, PA 11011
1113W8100
VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff,
PALISADES COLLECTION L.L.C., ASSIGNEE OF CHASE MANHATTAN
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 Response to Preliminary Objections 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 unworn falsification to
authorities.
?II3'Ol?
Andrew C. Spears, E quire ID No. 87737
Wolpoff & Abramson, LLP
Attorneys in the Practice of Debt Collection
4660 Trindle Road, 3'd Floor
Camp Hill, PA 17011
(717) 303-6752
Counsel for Plaintiff
LAW OFFICES
WOLFOFF t ABRAMSON, I I .E.
ATTORNEYS IN TIES PRACTTCE
OF DEBT COLLECTION
49150 TRINDLE ROAD
THIRD FLOOR
CAMP HILL, PA 17011
T1T-303-SM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION LLC,
ASSIGNEE OF CHASE
MANHATTAN BANK,
PLAINTIFF
vs.
SHERI L. HECKMAN,
DEFENDANT
CERTIFICATE OF SERVICE
NO. 2006 - 2651 CIVIL
CIVIL ACTION - LAW
The undersigned does hereby certify that I served a copy of the foregoing
Response to Preliminary Objections on counsel for Defendant, by First Class L day
Mail, Postage Pre-Paid, a copy thereof on this Jr - of
2006, to:
Robert L. O'Brien, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
LAW OFF/CU
WOUWF A. ABRAM ON, LLP.
OF DR COU MON
< ]KINDLE ROAD
3Andrew 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) 303-6752
Counsel for Plaintiff
THIRD FLOOR
CAMP HILL, PA 17011
717303 M
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-02651 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PALISADES COLLECTION LLC
VS
HECKMAN SHERI L
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HECKMAN SHERI L the
DEFENDANT , at 1814:00 HOURS, on the 17th day of May , 2006
at 2 BRIAR OAK LANE
CRLISLE, PA 17013
JEFF HECKMAN
by handing to
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 7.92
Postage .39
Surcharge 10.00
.00
36.31
Sworn and Subscribed to before
me this day of
A. D.
So Answers:
R. Thomas Kline
05/18/2006
WOLPOFF & ABRAMSON
By:
e t ff
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
ASSIGNEE OF CHASE MANHATTAN BANK
Plaintiff
VS
SHERI L HECKMAN
Defendant(s)
No. 06-2651
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above-entitled case as discontinued without prejudice.
Respectfully Submitted,
Date: ?Iltla
David R. Gall ay #87326
Wolpoff & Abr on, L.L.P.
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
W&A File No. 153586858
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PALISADES COLLECTION,L.L.C.
ASSIGNEE OF CHASE MANHATTAN BANK
Plaintiff
VS.
SHERI L HECKMAN
Defendant(s)
No. 06-2651
CIVIL ACTIO?&A* .
=) O
j 'C
The undersigned does hereby certify that a copy of the foregoing praecipe was
served this date by Regular Mail, Postage Pre-Paid on this _j 3Sday of
plem6er , 20_?a7
Robert O'Brien
19 West South Street
Carlisle, PA 17013
:S??n
David R. Gallows #87326
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Practice of Debt Collection
4660 Trindle Road, Suite 300
Camp Hill, PA 17011
Telephone: (717) 303-6700
Counsel for Plaintiff
W&A File No. 153586858