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HomeMy WebLinkAbout06-5435IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS 15 SOUTH MAIN STREET GREENVILLE SC 29601 Plaintiff VS JOLEEN A SHOOK 2502 ROLO CT MECHANICSBURG PA 17055 Defendant(s) (?110,letv Date: 7' f No. O(.. -- S'y3S' CIVIL ACTION - LAW Filed on behalf of: Plaintiff, LVNV FUNDING, LLC Counsel of record for this party: Amy F. Doyle #8)062 / Daniel F. Wolfson #20617 Phili C. Warho c #86341 / Andrew C. Spears #87737 avid ay #8732 onilyn M. Chippie #87852 asz 469 / 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. 162149136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC :No. ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS JOLEEN A SHOOK Defendant(s) :CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice 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. 162149136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC :No. ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS JOLEEN A SHOOK 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 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 CCP Notice to Defend W&A File No. 162149136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC :No. ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS JOLEEN A SHOOK 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: 1. Plaintiff is LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS, located at 15 South Main Street Greenville, SC 29601. 2. Defendant, JOLEEN A SHOOK, is an adult individual with a last known address of 2502 Rolo Ct Mechanicsburg, Cumberland County, PA 17055. 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". 6. Defendant did not object to the above-mentioned statement submitted by Plaintiff and/or its assignors to Defendant. CCP Cmplt - WOR W&A File No. 162149136 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 $4,736.71. 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 $2,845.14. 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 $947.34. 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 is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR W&A File No. 162149136 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $4,736.71, plus interest in the amount of $2,845.14, plus attorney's fees in the amount of $947.34, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: Amy F. Doyle #8 2 / Daniel F. Wolfson #20617 Philip C. W li 341 / Andrew C. Spears #87737 vi al??onilyn M. Chippie #87852 ar 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. 162149136 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. ldb(c Date: jAMYy yle #8 62 / D aniel F. Wolfson #20617 / Andrew C. Spears #87737 nilyn 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 4 W&A File No. 162149136 Exhibit "A" AC6T#0554840557017 BAL 4736.71 C/O DT 11/22/03 LPYMT DT 03/21/03 NAME JOLEEN A SHOOK ADDR 2502 ROLO CT CITY ST ZIP MECHANICSBURG PA 17055 HMPH 7174321420 WKPH 7177955990 SSN XXX-XX-4647 *SFG-ACCTID *SFG-PORTF-ID*SFG-BATCH-ID*SFG-POOL *SFG-CARD-TYPE 83993167 3139 72373 PRE *SFG-MERCHANT *SFG-ACCT-NO SEARS-SEARS 0554840557017 *SFG-SSN *SFG-DOB *SFG-PREFIX*SFG-F-NAME XXX-XX-4647 JOLEEN A *SFG-L-NAME *SFG-SUFFIX SHOOK *SFG-ADDR1 2502 ROLO CT *SFG-ADDR2 *SFG-CITY *SFG-ST MECHANICSBURG PA *SFG-ZIP *SFG-HOME-PH *SFG-WORK-PH *SFG-WIRELESS-PH 17055 7174321420 7177955990 *SFG-OTHER-PH *SFG-POE *SFG-POE-ADDR *SFG-CO-DEB-SSN*SFG-CO-DEB-DOB XXX-XX-0000 *SFG-CO-DEB-PREFIX*SFG-CO-DEB-FRST-NAME *SFG-CO-DEB-LST-NAME *SFG-CO-DEB-SUFFIX *SFG-CO-DEB-ADDR *SFG-CO-DEB-ADDR2 *SFG-CO-DEB-CITY *SFG-CO-DEB-ST*SFG-CO-DEB-ZIP*SFG-CO-DEB-HM-PH *SFG-CO-DEB-WK-PH *SFG-CO-DEB-WIRELESS-PH*SFG-CO-DEB-OTH-PH *SFG-CO-DEB-POE *SFG-CO-DEB-POE-ADDR1 *SFG-ORG-DT*SFG-ORG-AMT tt'sRryry. y ll v G V C' L Vf! PrmdLLC /1SJ ISM,{? I FS -??. UUA*Wn ps r r 5 {e Op S{?,-s G?teX,v%LLIC St Pty??tr vs. M2 GLD C7t kGh ln? cs b ? pA /70s-r pe?trn d Gvn Afd db' SV S- G / Vl r? -pe?cW November 10`1', 2006 Joleen A. Shook 2502 Rolo Court Mechanicsburg, PA 17055 (717)579-9941 C l V! C- A erriCn -- L!i VJ Court of Common Pleas of Cumberland County, PA 1 Courthouse Square Carlisle, PA 17013 To Whom it may concern: Rtspo-n&t. Q P DAn A,nI. This is my official response in the civil action case of LVNV Funding, LLC, assignee of Sherman Acquisition, Assignee of Sears(Plaintiff) vs. myself, Joleen A. Shook (Defendant). 1. Identity of plaintiff - taken as stated 2. Identity and address of defendant, myself - accurate as stated 3. I acknowledge this debt. Sgveral years ago, I was indeed issued a line of credit through Sears in the form of a Sears revolving charge card. This line of credit was used to purchase items for the house my now ex-husband I lived in and a real estate investment I and my now ex- husband had made. Since then we have divorced and I received neither the house or any part of the investment in the settlement. I did receive some compensation for my part of the equity in our home, but had to use that money for basic living expenses because I was extremely underemployed at the time. The real estate investment was lost due to my inability to pay either the mortgage or the taxes on the property, again due to underemployment and also the fact that the two tenants we had in the property destroyed it, making it unrentable. 4. As far as material relevant times hereto, usage of said account, to the best of my recollection the last I used said account was no later than the beginning of 2003. 5. As far as being provided with statements of accounts, I have received none within the last six months, probably longer, to the best of my recollection. 6. That is correct, I did not object to the statements when they were issued, as I did indeed use this account years ago and acknowledge the debt owed. I simply have been unable to pay anything on it for several years. When contacted by Sears and its various assigned collection agencies by telephone I have repeatedly informed them of this fact. 7. I am not sure of the exact amount owed. I went through a divorce and a move three years ago and lost many of my records inadvertently during the move. 8. Therefore I am not sure of t?e exact amount of interest owed. 9. See 8. 10. See 8. and 9. 11. see 8. 9., and 10. 12. As stated in section 6. yes, I have refused to pay the monies owed, not because I am not willing to pay, but simply because I have not had the financial resources to do so. My income during the past three years has been barely sufficient to provide basic necessities for myself and my son(now age 17). I also do not possess sufficient assets to sell and repay this debt. My assets consist of a). the mobile home in which I live, which is nearly 30 years old and worth perhaps $2000.00 but which would require at least $1200.00 in repairs before it can be sold, and b). my car, which is a 1998 Ford Escort, worth perhaps $2500.00. This is my only means of transportation to and from work. There is no public transportation available. Selling or losing either of these would terminate my ability to provide any means of income or housing for myself and my son. I have recently obtained a new job which would allow me to pay a small amount each week on this debt, once I have finished paying off back amounts on basic necessities. At this time I still owe $300 in back lot rent and $300 in back propane bills (required to heat my home for the winter). I expect to have these paid off within the next two months, at which time I will be able to pay on the Sears debt. After reviewing my monthly income and expenses, I can afford to pay $25 per week. I do want to pay this debt, and will do the best I can to do so. 13. Taken as stated. 14. Taken as stated. Please notify me of the date of the hearing regarding this matter. I will be happy to provide whatever proof is needed of income and expenses. Sincerely, JoI n A. Shook r- ,_ , - ?• - c:: , ?? r--- _ _ _._ ?-; -e : L. ?J '' ?-"' ...? .. ,)3 Mf _; '?..? ?'"?' "'o SHERIFF'S RETURN - REGULAR CASE NO: 2006-05435 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC ET AL VS SHOOK JOLEEN A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SHOOK JOLEEN A was served upon DEFENDANT the at 2010:00 HOURS, on the 5th day of October , 2006 at SILVER SPRING COMMONS MECHANICSBURG, PA 17055 JOLEEN A SHOOK 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 4- Sworn and Subscibed to before me this So Answers: 18.00 19.36 .39 10.00 R. Thomas Kline .00 47.75j/ 10/06/2006 WOLPOFF & ABRAMSO By: Ae; day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION, ASSIGNEE OF SEARS, Plaintiff No. 2006-5435 V. CIVIL ACTION - LAW JOLEEN A. SHOOK, Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO PA.R.CIV.P 1034(A) AND NOW, comes Plaintiff LVNV Funding, LLC, Assignee of Sherman Acquisition and Sears, by and through its attorneys, Mann Bracken, LLC, successor by merger with Wolpoff & Abramson, LLP, and files the within Motion for Judgment on the Pleadings, of which the following is a statement: 1. Pursuant to local rule 208.3(a)(2), no Judge has ruled upon any other issue in this matter. 2. On or about September 16, 2006, Plaintiff filed a Complaint against Defendant seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "A." 3. On or about November 13, 2006, Defendant filed a Response to said Complaint. A true and correct copy of said Response is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "B." 4. Defendant's Response did not contain New Matter to which Plaintiff needed to respond. 5. Although Defendant responded to each numbered Paragraph of the Complaint, Defendant neither specifically nor generally denied any of the allegations contained therein. 6. More specifically, instead of denying the balance due and owing, Defendant simply requests additional time to pay. (Response ¶ 12). MB No. 162149136 7. Pennsylvania Rule of Civil Procedure 1029(a) states, "A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive." 8. Pennsylvania Rule of Civil Procedure 1029(b) states, "averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." 9. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 10. The pleadings filed of record show that no genuine issue of material fact exists to be tried. 11. Plaintiff is entitled to judgment on the pleadings as a matter of law. WHEREFORE, Plaintiff respectfully asks that this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of $4,736.71; interest from November 22, 2003, through August 22, 2008, at the rate of 6% per annum, in the amount of $1,350.94; reasonable attorneys' fees in the amount of $947.34; for a total judgment of $7,034.99, plus the costs of this action and such other relief as this Honorable Court deems proper and just. Respectfully submitted, David R. Ga oway Attorney ID o. 87326 Mann Brac n, LLC Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff MB No. 162149136 EXHIBIT "A" MB No. 162149136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. Q ` ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS 15 SOUTH MAIN STREET GREENVILLE SC 29601 Plaintiff VS CIVIL ACTION- LAW JOLEEN A SHOOK 2502 ROLO CT MECHANICSBURG PA 17055 _ Defendant(s) _ LFiled on behalf of: Plaintiff, LVNV FUNDING, LLC Counsel of record for this party: Date: 4.gasz 8 2 / Daniel F. Wolfson #20617 Phil" C. c #86341 / Andrew C. Spears #87737 ay #8732 onilyn M. Chippie #87852 / 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC :No. ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff :CIVIL ACTION - LAW VS JOLEEN A SHOOK Defendant(s) You have been sued in Court. If you wish toi defend against the claims set forth in the following pages, you must take action within twenty (2)) 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 orth agailtst 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASS GNEE OF SEARS Plaintiff VS JOS. N A SHOOK Defendant(s) NOTjCIA :No. :CIVIL ACTION - LAW LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demands 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 ]as 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGN EE OF SHERMAN AQUISITION :No. ASSIGNEE OF SEARS Plaintiff VS JOLEEN A SHOOK Defendant(s) :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 upport avers as follows: 1. Plaintiff is LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS, located at 15 South Main Street Greenville, SC 29601. 2. Defendant, JOLEEN A SHOOK, is an adult individual with a last known address of 2502 Rolo Ct Mechanicsburg, Cumberland County, PA 17055. 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". 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 $4,736.71. 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 $2,845.14. 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 attomey's fees through the conclusion of the proceedings. 11. The amount of attorney's fees which has adcrued is the sum of $947.34. 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 is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $4,736.71, plus interest in the amount of $2,845.14, plus attorney's fees in the amount of $947.34, plus costs of this action and any other relief as this Court deems just and reasonable. Date: t2 y Submitted, Amy F. Doyle #87662 / Daniel F. Wolfson #20617 lip C. W 1' 1 / Andrew C. Spears #87737 Zv-iA:.:ea?Ifiow oni lyn M. Chippie #87852 1 Ro bert N. Polas, Jr. #201259 Bruce H. C herkis #18837 / Ronald S. Canter #94000 Ronald M Abramson #94266 WOLPO & ABRAMSON, L.L.P. Attorneys the Pra6tice of Debt Collection 4660 Trinitle Road, 3rd Floor Camp Hillll, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff . VERIFICATION T e 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: 111d&c Amy F.-Doyle #8 2 / Daniel F. Wolfson #20617 Phili / Andrew C. Spears #87737 ?-avid nilyn 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 r. Exhibit "A" ACCT#0554840557017 BAL 4736.71 CIO DT 11/22/03 LPYMT DT 03121103 NAME JOLEEN A SHOOK ADDR 2502 ROLO CT CITY ST ZIP MECHANICSBURG PA 17055 HMPH 7174321420 WKPH 7177955990 SSN XXX-XX-4647 *SFG-ACCTID *SFG-PORTF-ID*SFG-BATCH-ID*SFG-POOL *SFG-CARD-TYPE 83993167 139 72373 PRE *SFG-MERC ANT *SFG-ACCT-NO SEARS - SIRS 0554840557017 *SFG-SSN *SFG-DOB *SFG-PREFIX*SFG-F-NAME XXX-XX-4647 JOLEEN A *SFG-L-NAME *SFG-SUFFIX SHOOK *SFG-ADDR1 2502 ROLO CT, *SFG-ADDR2 *SFG-CITY *SFG-ST MECHANICSBURG PA *SFG-ZIP *SFG-HOME-PH *SFG-WORK-PH *SFG-WIRELESS-PH 17055 7174321420 7177955990 *SFG-OTHER-PH *SFG-POE *SFG-POE-ADDR *SFG-CO-DEB-SSN*SFG-CO-DEB-DOS XXX-XX-0000 *SFG-CO-DEB-PREFIX*SFG-CO-DEB-FRST-NAME *SFG-CO-DEB-LST-NAME *SFG-CO-DEB-SUFFIX *SFG-CO-DEB-ADDR *SFG-CO-DEB-ADDR2 *SFG-CO-DEB-CITY *SFG-CO-DEB-ST*SFG-CO-DEB-ZIP*SFG-CO-DEB-HM-PH *SFG-CO-DEB-WK-PH *SFG-CO-DEB-W I RELESS-P H*S FG-CO-DEB-OTH-PH *SFG-CO-DEB-POE *SFG-CO-DEB-POE-ADDR1 *SFG-ORG-DT*SFG-ORG-AMT EXHIBIT "B" MB No. 162149136 No O V S- f3 -?7 C r ?1 L -r6g4, ?YW Fu(ir ro LLC J? SS CA- Cie eevr- S f°-f-- Gr-nlGn YJ tr C z ytpo I Ptf i wrrr VS 2,9-0 fZp to? rA ?C.14^1 sbrJ`r' l' 1 as s- Dr?r n/p 1 r,Tr Court oTICommon Pleas of Cumberland County, PA 1 Courthouse Square Carlisle, PA 17013 November 10`h, 2006 Joieen A. Shook 2502 Rolo Court Mechanicsburg, PA 17055 (717)579-9941 To Whom it may concern: tp?n?z o P d This is my official response in the civil action case of LVNV Funding, LLC, assignee of Sherman Acquisition, Assignee of Sears(Plaintiff) vs. myself, Joleen A. Shook (Defendant). 1. Identity of plaintiff - taken as stated 2. Identity and address of defendant, myself - accurate as stated 3. 1 acknowledge this debt. Several years ago, I was indeed issued a line of credit through Sears in the form of a Sears revolving charge card. This line of credit was used to purchase items for the house my now ex-husband I lived in and a real estate investment I and my now ex- husband had made. Since then we have divorced and I received neither the house or any part of the investment in the settlement. I did receive some compensation for my part of the equity in our home, but had to use that money for basic living expenses because I was extremely underemployed at the time. The real estate investment was lost due to my inability to pay either the mortgage or the ;axes op the property, again due to underemployment and also the fact that the two tenants we had in the property destroyed it, making it unrentable. 4. As far as material relevant times hereto, usage of said account, to the best of my recollection the last I used said account was no later than the beginning of 2003. 5. As far as being provided with statements of accounts, I have received none within the last six months, probably longer, to the best of my recollection. 6. That is correct, I did not object to the statements when they were issued, as I did indeed use this account years ago and acknowledge the debt owed. I simply have been unable to pay anything on it for several years. When contacted by Sears and its various assigned collection agencies by telephone I have repeatedly informed them of this fact. 7. I am not sure of the exact amount owed. I went through a divorce and a move three years ago and lost many of my records inadvertently during the move. 8. Therefore I am not sure of the exact amount of interest owed. 9. See 8. 10. See 8. and 9. 11. see 8. 9., and 10. .ref • ? .,-----• ?. rt 7;-r 77 [l--3 12. As stated in section 6. Yes, I have refused to pay the monies owed, not because I am not willing to pay, but simply because I have not had the financial resources to do so. My income during the past three years has been barely sufficient to provide basic necessities for myself and my son(now age 17). I also do not possess sufficient assets to sell and repay this debt. My assets consist of a). the mobile home in which I live, which is nearly 30 years old and worth perhaps $2000.00 but which would require at least $1200.00 in repairs before it can be sold, and b). my car, which is a 1998 Ford Escort, worth perhaps $2500.00. This is my only means of transportation to and from work. There is no public transportation available. Selling or losing either of these would terminate my ability to provide any means of income or housing for myself and my son. I have recently obtained a new job which would allow me to pay a small amount each week on this debt, once I have finished paying off back amounts on basic necessities. At this time I still owe $300 in back lot rent and $300 in back propane bills (required to heat my home for the winter). I expect to have these paid off within the next two months, at which time I will be able to pay on the Sears debt. After reviewing my monthly income and expenses, I can afford to pay $25 per week. I do want to pay this debt, and will do the best I can to do so. 13. Taken as stated. 14. Taken as stated. Please notify me of the date of the hearing regarding this matter. I will be happy to provide whatever proof is needed of income and expenses. Sincerely, Joleen A. Shook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION, ASSIGNEE OF SEARS, Plaintiff No. 2006-5435 V. CIVIL ACTION - LAW JOLEEN A. SHOOK, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this day of , 2008. Ms. Joleen A. Shook 3585 Wynter Ln Madison, WI 53718 David R Galkway, Esquire ID No. 87326 Mann Bracken, LLC Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff MB No. 162149136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION, ASSIGNEE OF SEARS, Plaintiff No. 2006-5435 V. CIVIL, ACTION - LAW JOLEEN A. SHOOK, Defendant PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff LVNV Funding, LLC, Assignee of Sherman Acquisition and Sears, by and through its attorneys, Mann Bracken, LLC, successor by merger with Wolpoff & Abramson, LLP, and files the within Brief in Support of its Motion for Judgment on the Pleadings. 1. STATEMENT OF FACTS & PROCEDURAL HISTORY: Plaintiff filed a Complaint against Defendant on or about September 16, 2006, seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached to Plaintiff's Motion for Judgment on the Pleadings as Exhibit "A." On or about November 13, 2006, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached to Plaintiffs Motion for Judgment on the Pleadings as Plaintiffs Exhibit "B." Defendant's Answer to Complaint did not contain New Matter. Because Defendant does not deny Plaintiffs allegations, Plaintiff filed a Motion for Judgment on the Pleadings. This brief follows. MB No. 162149136 II. QUESTION PRESENTED: Under Pa.R.Civ.P. 1029(a)-(b) and governing case law, may this Court enter judgment on the pleadings when Defendant does not deny any factual allegation in the Complaint? Suggested Answer: Yes. III. DISCUSSION: A. BECAUSE DEFENDANT DID SPECIFICALLY DENY ANY ALLEGATION CONTAINED IN DEFENDANT'S COMPLAINT AS REQUIRED UNDER PA.R.CIy.P. 1029W411), PLAINTIFF'S ALLEGATIONS ARE DEEMED ADMITTED. Pennsylvania Rule of Civil Procedure 1029 governs responses to pleadings and sets forth appropriate responses available to a party. Pa.R.Civ.P. 1029(a) provides: A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. Pa.R.Civ.P. 1029(b) provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. Subdivision (c) relates to a response when the party is without knowledge sufficient to form a belief as to the truth of an averment. See Pa.R.Civ.P. 1029(c). Reliance on subdivision (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See id. citina Cercone v. Cercone, 386 A.2d 1 (Pa. Super. 1978). Subdivision (e) relates to a response when the action seeks monetary relief for bodily injury, death or property damage. See Pa.R.Civ.P. 1029(e). Subdivision (d) is not applicable to this case. MB No. 162149136 "To determine if an answer is a general denial under Pa.R.Civ.P. 1029(b), the court must examine the pleadings as a whole." Commonwealth by Preate v. Rainbow Associates Inc., 138 Pa. Commw. 56, 61; 587 A.2d 357, 360 (1991). Responses which are merely general denials of allegations are not sufficient and, in such a case, the allegations will be deemed admitted. See Swift v. Milner, 371 Pa. Super. 302, 308-309, 538 A.2d 28, 31 (1988). Defendant's Admissions: Because Defendant failed to specifically deny any of the factual allegations contained in Plaintiff's Complaint, Defendant's responses must be deemed admissions. In the Cercone case, our Superior Court addressed the effect of a response under Pa. R.Civ.P. 1029(c) when Plaintiff makes factual allegations in the Complaint. The Court held that "a defendant may not rely upon Rule 1029(c)(1) to excuse a failure to make a specific denial of factual allegations contained in a complaint when it is clear that the defendant must know whether a particular allegation is true or false. See Cercone, 386 A.2d 1, 4. Because Plaintiff alleges Defendant owes money to Plaintiff, Defendant clearly could have specifically admitted or denied this factual allegation. Averments in a pleading to which a responsive pleading are required are deemed admitted when not denied specifically; as a result, Defendant has admitted all allegations in Plaintiff's Complaint. See Pa.R.Civ.P. 1029(b). In First Wisconsin Trust Co. v. Strausser, our Superior Court addressed the effect of a general denial in a mortgage foreclosure action as it pertained to an allegation in the complaint itemizing the amount owed to the plaintiff by the defendant. See First Wisconsin Trust Co., 653 A.2d 688 (Pa. Super 1995). In that case, First Wisconsin MB No. 162149136 alleged in paragraph six (6) of its complaint that the total amount due on the mortgage was $349,829.96. See id. at 692. In response to that allegation, Strausser responded by stating the allegation was a conclusion of law. See id. The court held that such response was a general denial and should therefore be deemed admitted. See id. Unlike either the Cercone or First Wisconsin cases, Defendant does not deny any of Plaintiff's allegations . More specifically, Defendant admits to the allegations and would like a payment plan to satisfy her obligation to Plaintiff. IV. CONCLUSION: For the above stated reasons, Plaintiff requests that this Honorable Court grant its motion for judgment on the pleadings and enter judgment in favor of Plaintiff and against Defendant for $7,034.99, plus costs of suit. Respectfully submitted, David R Gal way, Esquire Attorney ID to. 87326 Mann Bracken, LLC Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff MB No. 162149136 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION, ASSIGNEE OF SEARS, Plaintiff No. 2006-5435 V. CIVIL ACTION - LAW JOLEEN A. SHOOK, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Brief in Support of Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this day of t4-5 , 2008. Ms. Joleen A. Shook 3585 Wynter Ln Madison, W 718 David R Galloway, Esquire ID No. 87326 Mann Bracken, LC Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6700 Counsel for Plaintiff MB No. 162149136 `?' ?--s `rt .. °-°I ,.. ' u - - ; ? , '!T -, ? -? i? ? ?,? t ' r °; !? ? !? G? ?. .. r.-) ..„,i } ` „ "?: .. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) J L ; L { ) . Jr-XX,-, K_ No.0U -'5 L-I -Y CI V I I Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): 1c;Yno1,j7f l0? 1 h e l?iccLknco 2. Identify all counsel who will argue cases: (a) for plaintiffs: (N ?- sf-- yuu o Tri dQ (z-d f CCa m iD 0j) Pc., Owl (b) for defendants: (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argume t. Se cer f4`co k (5f -'xn/r CP Gt t- aCh-ecj 4. Argument Court Date: t) e c c-VYI be.-Z 3 ; DW, ? ,C Date: Signature -Doi i, P , I lU ova I , ? . Print your name c, y-)tff? Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 1 U 2-1 LA q 1?-1-C.p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. 06-5435 CIVIL TERM ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS, CIVIL ACTION - LAW Plaintiff VS JOLEEN A. SHOOK, Defendants(s), CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing praecipe was served this date by Regular Mail, Postage Pre-Paid on this Q day of C? ??f\ -, 20?? JOLEEN A. SHOOK 3585 WYNTER LN MADISON, WI 53718 7??l Am oyle 1187062 / Philip C. Warholic #86341 / avi Jalloway #87 ah E. Ehasz #86469 / Robert N. Po as, r. Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff ? 'C,..? :r,f i c' r-x? rw „? C„? a?-- ^'3 n..;= "? i i LVNV FUNDING, LLC, : Assignee of Sherman Acquisition, Assignee of Sears, Plaintiff vs. JOLEEN A. SHOOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5435 CIVIL IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE HESS, OLER AND GUIDO, J.J. ORDER AND NOW, this V day of December, 2008, the plaintiff s motion for judgment on the pleadings is GRANTED and judgment is entered in favor of the plaintiff and against the defendant, Joleen A. Shook, in the amount of $7,034.99, plus the costs of this action. XDavid R. Galloway, Esquire 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 For the Plaintiff ? Joleen A. Shook, Pro Se 3585 Wynter Lane Madison, WI 53718 Defendant rim COP t £S m;R tLECI, ;214/0o tx-q BY THE COURT, Kev' A. Hess, J. r? r- _?. t? ? _ ?' ? `? C ] ? ? _ . C> ?1 ?.s Thy ? ?? ? Q N V