Loading...
HomeMy WebLinkAbout06-5806GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C. Plaintiff, V. PAUL A MATTUS, Defendant(s). NO. 0Co - sO(Y--> COMPLAINT IN CIVIL ACTION Filed on behalf of: LVNV FUNDING, L.L.C., Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff, NO. V. PAUL A MATTUS, 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 are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff, V. PAUL A MATTUS, Defendant(s). NO. 01--- " 5jU,-,, (21 U"L'7 COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, LVNV FUNDING, L.L.C., above named, the purchaser and assignee of the obligation under suit, by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, LVNV FUNDING, L.L.C., (hereinafter LVNV) is a limited partnership and, for the purposes of this litigation, maintaining a place of business at 15 South Main Street, Greenville, SC 29601. 2. Defendant is PAUL A MATTUS , an adult individual, believed to currently reside at 3810 MARKET ST, CAMP HILL, PA 17011-4345. 3. Defendant(s) owes the sum of $16,799.70 for credit extended by SEARS ROEBUCK & COMPANY to Defendant at account number 5484075149774 4. Defendant(s) is in default for failing to make payments on the aforesaid account. 5. LVNV purchased and now owns the aforesaid account. A copy of an Affidavit from LVNV and the Bill of Sale or Assignment are collectively referred to and attached hereto as Plaintiffs Exhibit "A" and incorporated herein by reference. 6. Plaintiff has demanded payment but Defendant(s) has failed or otherwise refused to pay the aforesaid sum due. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $16,799.70 with continuing interest thereon at the legal rate from the date of Judgment plus costs. The aforesaid amount is within the jurisdictional amount requiring compulsory Arbitration. Respectfully Submitted: Carnegie, PA 15106 (412) 429-7675 P??( b; f '',0 ? TT1TT ? t ]TT State of South Carolina County of Greenville I, Steve Hawkins, being first duly sworn on oath, depose and state as follows: 1. I am an Authorized Representative of LVNV Funding,LLC and I am duly authorized to make this Affidavit. 2. That account number 5484075149774, PAUL A MATTUS, ("Account") is owned by LVNV Funding,LLC 3. The Account was acquired by LVNV Funding,LLC from its affiliate, Sherman Originator LLC. 4. Upon the acquisition of the Account from Sherman Originator LLC, all of Sherman Originator LLC's interest in the Account was vested in LVNV Funding,LLC DATED this 26`h day of May, 2006. sitt-4-- Signature Subscribed and sworn to before me This 2 day of May, 2006. Portfolio # 2569 Susan G. Argentieri Notary Public State of South Carolina Com. Exp, VERIFICATION AND NOW, GREGG L. MORRIS, verifies the statements made in this Complaint that are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided to him by the Plaintiff. The verification of the party will be provided if requested. Date: July 12, 2006 Carnegie, PA 15106 (412) 429-7675 -7J -k V 1 t) r, r- W p' i? ' ? C ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff, No. 06-5806 Civil Term V. PAUL A. MATTUS, Defendant. ANSWER AND NEW MATTER OF DEFENDANT, PAUL A. MATTUS COMES THE DEFENDANT, Paul A. Mattus, and sets forth the following as his Answer and New Matter in this case: 1. ADMITTED. 2. DENIED. Paul A. Mattus does not reside at 3810 Market Street, Camp Hill, PA. 3. DENIED. Contrary to the Plaintiff's allegations, this amount was apparently run up by others than the Answering Defendant, Paul A. Mattus. 4. DENIED AS SET FORTH IN #3 ABOVE. 5. ADMITTED. 6. DENIED. Plaintiff has not made any demands that Defendant make payment, other than in this lawsuit. By way of further explanation, these debts were incurred many years ago and the statute of limitations, laches, and other defaults by the Plaintiff now bar them. 24458_1.DOC WHEREFORE, Defendant Paul A. Mattus demands judgment in his favor. NEW MATTER 7. Plaintiff's claims are barred by the statute of limitations, laches, and other delay. All of Plaintiff's claims are older than permitted under any applicable statute of limitations. Defendant did not incur these debts as set forth. They were incurred by others misusing Defendant's credit. WHEREFORE, Defendant Paul A. Mattus demands judgment in his favor. Respectfully submitted, PA! A. Mattus usiness Address: 3 810 Market Street Camp Hill, PA 17011 24458_1.DOC ti AFFIDAVIT I, Paul A. Mattus, have reviewed the enclosed Answer and New Matter and hereby aver that, based upon information and behalf, the statements contained therein are true and correct. P ,O A. Mattus Business Address: 3 810 Market Street Camp Hill, PA 17011 DATED this - day of r) , 2006. 24458_1.DOC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been sent this "S t day of U 2006 to the following individual via first-class United States mail addressed as follows: Gregg L. Morris, Esq. PATENAUDE & FELIX, A.P.C. 213 East Main Street Carnegie, PA 15106 24458_1.DOC C7 ? rc°? cam;. ? _, r !. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., ) NO. 06-5806 Plaintiff ) V. ) PAUL A. MATTUS, ) Defendant ) REQUEST FOR ADMISSIONS ADDRESSED TO DEFENDANT Filed on behalf of: LVNV FUNDING LLC, Plaintiff Counsel of Record for This You are hereby notified to plead to Party: the enclosed Request for Admissions within 30 days from service hereof or a Gregg L. Morris, Esquire default jud t ma be entered against Pa I.D. #69006 you. Patenaude & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 Greg rns, Esquire (412) 429-7675 Request of Admissions.Mattus.2050.Cumberland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff NO. 06-5806 V. PAUL A MATTUS, Defendant PLAINTIFF'S REQUESTS FOR ADMISSIONS ADDRESSED TO DEFENDANT You are hereby requested to admit the following, for the purposes of this action only, pursuant to the Rules of Civil Procedure. You are directed to file a sworn answer to this request in compliance with the Rules of Civil Procedure within thirty (30) days after service of this document. 1. The Plaintiff is as identified in the caption of the Complaint in Civil Action filed at the above number and term and incorporated herein by reference. 2. The Defendant is as set forth in the caption of the Complaint in Civil Action incorporated herein by reference 3. Defendant applied for and opened A Sears Roebuck & Company(hereinafter "Sears") Account with Plaintiff, being Account No. 5484075149774 (hereinafter "Account") for the purchase of goods and services. 4. The Defendant agreed to purchase various item(s) of personal property, service(s) or item(s) of merchandise from Plaintiff. 5. Defendant received the item(s) of personal property, service(s) or item(s) of merchandise. a a 6. The prices charged by Sears were those which Defendant agreed to pay. 7. The prices charged by Sears were fair, reasonable and market prices for the item(s) or services at the time they were delivered or received by Defendant. 8. There remains an unpaid balance due on the Account. 9. Defendant, received monthly billing statements from Sears. 10. Defendant retained those statements without objection, and made payments to Sears. 11. The unpaid balance due is as more fully set forth in the prayer of the Complaint in Civil Action which has been incorporated herein by reference. Respectfully Submitted: Patenaude & Felix, A.P.C VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I do verify that [ ] I am the defendant in the above entitled matter [ ] I am an authorized representative of the Defendant in the above matter (having set forth my relationship with the Defendant in the spaces below the signature line which are incorporated herein by reference and that the facts set forth in the annexed Response to Plaintiff's Request for Admissions are true and correct to the best of my knowledge, information and belief. Name: Address: Telephone M Title: I, Gregg L Morris, attorney for Plaintiff, LVNV FUNDING, LLC.,hereby certify that a true and correct copy of the foregoing document was served this date by US First Class Mail, postage prepaid upon the following: Paul A Mattus 3810 Market Street Camp Hill, PA 17011-4345 Date: 11/15/06 Gregg L Morris, Esquire Patenaude & Felix, A.P.C. Attorneys for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 C7 r-a C::;J t r:.:? ' "T1 ,. :? ? ?? ?? i 1'S --'t: ?, t l u ? .r ? i`?? '':'.{ ??*? J?' GREGG L. Moms, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID #69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, NO. 06-5806 Plaintiff, V. PAUL A. MATTUS, Defendant. PLAINTIFF'S REPLY TO NEW MATTER Filed on behalf of LVNV FUNDING, LLC, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 MATTUS, PAUL 2970.13165.REPLY TO NEW MATTER.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, Plaintiff, NO. 06-5806 V. PAUL A. MATTUS, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and files the following Plaintiff's Reply to New Matter, and in support thereof, aver as follows: 7. The averments of paragraph 7 state a conclusion of law to which no response is required. To the extent a response is ever required, the averment is denied. Strict proof thereof is demanded at trial. Without waiving the foregoing objection, the account was opened on June 9, 1998. Payments were made on the account over a period of years with a final payment being posted to the account on or about June 30, 2005. 8. After reasonable investigation, plaintiff lacks information sufficient to form a belief as to the truth of the averment. Set forth in paragraph 8. Accordingly, the averment is denied. Strict proof thereof is demanded at trial. The averments of set forth in the preceding paragraph are incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $16,799.70, with continuing interest thereon at the legal rate from the date of judgment plus costs. The aforesaid amount is within the jurisdictional amount requiring compulsory arbitration. riuNuuigii, rIft 1 J I VU (412) 429-7675 VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in Plaintiff's Reply to New Matter are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided to him by the Plaintiff or contained in the file provided to him by Plaintiff. The verification of the party will be provided if requested. Date: ?1 (tD Carnegie, PA 15106 (412) 429-7675 CERTIFICATION OF SERVICE I, Gregg L. Morris, attorney for LVNV Funding, LLC., hereby certify that a true and correct copy of foregoing document was served this date upon the following: Paul A. Mattus 3810 Market St Camp Hill, PA 17011-4345 Date: V b Pnaude & Felix, APC 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 cw? ?2 i ?f 7 .0 '0'% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff V. PAUL A. MATUS, Defendant(s) NO. 06-5806 CERTIFICATION OF SERVICE OF PLAINTIFF'S INTERROGATORIES (SET I) ADDRESSED TO DEFENDANT Filed on behalf of LVNV Funding, LLC Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenuade & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 456-1166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff V. PAUL A. MATTUS, Defendant(s) NO. 06-5806 CERTIFICATION OF SERVICE OF PLAINTIFF'S INTERROGATORIES (SET I) ADDRESSED TO DEFENDANT I, Gregg L. Morris, attorney for Plaintiff, above named, hereby certify that a true and correct copy of Plaintiffs Interrogatories (Set I) Addressed to Defendant was served this date by ordinary mail upon the following: Paul A. Mattus 3810 Market Street Camp Hill, PA 17011-4 (1 0 Date: 411't - ('ire . M ,qfil-s, Esquire enau & Felix, APC Attorney for Plantiff 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 I, Gregg L. Morris, attorney for Plaintiff, above named, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Paul A. Mattus. 3810 Market Stre Camp Hill, PA 1701 Date: ( ) b 0 'b & 1~etix, APC for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 :?? r- y ^S'1 ct" - --YS ?_ _ "' j ...-?' it f1 ., SHERIFF'S RETURN - REGULAR CASE NO: 2006-05806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING L L C VS MATTUS PAUL A VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MATTUS PAUL A the DEFENDANT , at 1603:00 HOURS, on the 19th day of October , 2006 at 3810 MARKET STREET CAMP HILL, PA 17011 by handing to KIM WAGNER, ACCOUNT REP, ADULT IN CHARGE 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: So Answers: Docketing 18.00 Service 12.32 Affidavit .00 f ,.? .KU.X<- ate,. Surcharge 10.00 R. Thomas Kline .00 40.32./ 10/20/2006 PATENAUDE & FELIX Sworn and Subscibed to By: before me this day eputy She ff of A.D. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, Plaintiff, PAUL A. MATTUS, V. Defendant NO. 06-5806 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT OF MOTION Filed on behalf of: LVNV Funding, LLC, Plaintiff You are hereby written resp* provided thm a j udgment you. / o ue a time Civil Procedure or ;d against Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 I GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID #69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, Plaintiff, NO. 06-5806 V. PAUL A. MATTUS, Defendant. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and request this Court to enter an Order for Summary Judgment pursuant to Pa.R.C.P.1035.1 and Montg.Co.R.C.P. 1035(a) and support thereof, aver as follows: 1. Plaintiff filed this civil action to recover $16,799.70 plus interest at the legal rate and costs on credit extended by Sears Roebuck & Company being Account Number 5484075149774. A copy of Plaintiff's Complaint in Civil Action is attached hereto as Plaintiff's Exhibit "A" and is incorporated herein by reference. 2. Defendant's Answer to the Complaint either admits or generally denies the allegation of the Complaint asserting that Plaintiff the charges were run up by others and that the debt was incurred many years ago and are barred by the statute of limitations. A copy of Defendant's Answer is attached hereto as Plaintiff's Exhibit "B" and is incorporated herein by reference. 3. A general denial or a demand for proof has the effect of an admission. Pa.R.C.P. 1029. 4. On November 15, 2006, Plaintiff's counsel sent Request for Admissions Addressed to Defendant. A copy of the correspondence addressed to Defendant and the Request for Admissions are collectively attached hereto as Plaintiff's Exhibit "C" and incorporated herein by reference. 5. On November 21, 2006, Plaintiff's Reply to New Matter was filed at the above number and term. Plaintiff's Reply to New Matter provides, inter alia, that payments were made on the aforesaid Account over a period of years with a final payment being posted to the Account on June 30, 2005. A copy of Plaintiff's Reply to New Matter is attached hereto as Plaintiff's Exhibit "D"and is incorporated herein by reference. 6. As of this date, Defendant has failed to respond to the Request for Admissions and therefore the matters set forth in the Request for Admissions are deemed to be admitted. Pa.R.C.P. 4014(b). WHEREFORE, Plaintiff respectfully request the Coyiqt to enter the Order attached hereto. aten _de 8,Ue x, A.P.C 13 . Main Street engie, PA 15106 G12) 429-7675 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, ) NO. 06-5806 V. Plaintiff, ) PAUL A. MATTUS, ) Defendant. ) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT I_ PROCEDURAL HISTORY Plaintiff, filed a Complaint in Civil Action for default of an account stated and breach of contract and attached to the Complaint in Civil Action a billing statement, Target Instant Credit Application and credit card agreement. The Complaint contained a Notice to Plead and alleged the amount in dispute to be $16,799.70 plus interest and costs. Defendant filed a pro se Answer in which he either admitted or generally denied the allegations of the Complaint asserting that the claim is barred by the statute of limitations or the charges were incurred by others. Plaintiff's Reply to New Matter provides that the date of last payment on the account was posted on June 30, 2005. Requests for Admissions Addressed to Defendant were mailed to Defendant on November 15, 2006. Defendant has failed to file Answers or Objections as of this date. II LEGAL ARGUMENT A request for Summary Judgment in Pennsylvania is governed by Rule 1035.1-5 of the Pennsylvania Rules of Civil Procedure. Summaryjudgment should be entered when the pleadings, depositions, answers to interrogatories, admissions and affidavits demonstrate that there is no issue of material fact that the moving party is entitled to a judgment as a matter of law. Pa.R.C.P.1035.1- 5. Plaintiff respectfully submits that there is no issue of material fact, and that Plaintiff is entitled to a judgment as a matter of law. Once the moving party establishes that there is no issue of material fact, the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response. Pa.R.C.P. 1035.3; See also Kochems v. Department of Environmental Protection, 701 A.2d 281, at 281 (1997). Defendant's Answer to the Complaint either admits or generally denies the allegations of the Complaint. A general denial or a demand for proof has the effect of an admission. Pa.R.C.P. 1029. Furthermore, Defendant has failed to file answers or objections to the Request for admissions. Each matter set forth therein is therefore deemed to be admitted. Pa.R.C.P. 4014(b). Defendant has also failed to file a response to the Motion for Summary Judgment. Summary judgment may be entered against a party who does not respond. Pa.R.C.P.1035.3(d). Courts in the Commonwealth of Pennsylvania have consistently held that "to produce an account stated, the account stated must be rendered, and the other party must accept, agree to, or acquiesce in the correctness of the account." Summary of Pennsylvania Jurisprudence 2d. f 8:11; also see C.E. Glass v. Ryan, 70 Pa. D.& C.2d 251 (1975). Assent to the correctness of the balance may be inferred from the mere lapse of time. See Ryan, Id. at 253. There was a course of dealing between Sears, Roebuck & Company and Defendant. Defendant made payments on the account with a final payment being posted to the account on June 15, 2005. WHEREFORE, Plaintiffrequests the Court enter judgment against Defendant in the amount of $16,799.70 plus interest and cost. 213 East Main Street Carnegie, PA 15106 412-429-7675 GREGG L. Moms, EsQ. PATENAUDE & FELIx, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 NO. &. -SQL IN TEE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C. Plaintiff, V. PAUL A MATTUS, Defendant(s) r T' LT. .Y f- 5- 0 rn C> a c.a M C3 -rt 01 01 tj 't- L?-Tsz?n COMPLAINT IN CIVIL ACTION Filed on behalf of: LVNV FUNDING, L.L.C., Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 ?? . 13 %9S' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff, NO. V. PAUL A MATTUS , 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 are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff, NO. V. PAUL A MATTUS, Defendant(s). COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, LVNV FUNDING, L.L.C., above named, the purchaser and assignee of the obligation under suit, by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, LVNV FUNDING, L.L.C., (hereinafter LVNV) is a limited partnership and, for the purposes of this litigation, maintaining a place of business at 15 South Main Street, Greenville, SC 29601. 2. Defendant is PAULA MATTUS, an adult individual, believed to currently reside at 3810 MARKET ST, CAMP HILL, PA 17011-4345. 3. Defendant(s) owes the sum of $16,799.70 for credit extended by SEARS ROEBUCK & COMPANY to Defendant at account number 5484075149774 4. Defendant(s) is in default for failing to make payments on the aforesaid account. 5. LVNV purchased and now owns the aforesaid account. A copy of an Affidavit from LVNV and the Bill of Sale or Assignment are collectively referred to and attached hereto as Plaintiff s Exhibit "A" and incorporated herein by reference. 6. Plaintiff has demanded payment but Defendant(s) has failed or otherwise refused to pay the aforesaid sum due. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $16,799.70 with continuing interest thereon at the legal rate from the date of Judgment plus costs. The aforesaid amount is within the jurisdictional amount requiring compulsory Arbitration. Respectfully Submitted: Patenaude & Felix, A.P.C. /S GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 VLI- AFFIDAVIT State of South Carolina County of Greenville I, Steve Hawkins, being first duly sworn on oath, depose and state as follows: 1. I am an Authorized Representative of LVNV Funding,LLC and I am duly authorized to make this Affidavit. 2. That account number 5484075149774, PAUL A MATTUS, ("Account") is owned by LVNV Funding,LLC 3. The Account was acquired by LVNV Funding,LLC from its affiliate, Sherman Originator LLC. 4. Upon the acquisition of the Account from Sherman Originator LLC, all of Sherman Originator LLC's interest in the Account was vested in LVNV Funding,LLC DATED this 266 day of May, 2006. Signature Subscribed and sworn to before me TL2day of May, 2006. Portfolio # 2569 Susan G. Argentieri Notary Public State of South Carolina My Comm. Exp. 8-75-2015 VERIFICATION AND NOW, GREGG L. MORRIS, verifies the statements made in this Complaint that are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided to him by the Plaintiff. The verification of the party will be provided if requested. Date: July 12, 2006 S Gregg L. Mo 's, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff, No. 06-5806 Civil Term V. C ° -si iii •:.? o+ C PAUL A. MATTUS, Defendant. '' - 0rn o ANSWER AND NEW MATTER OF DEFENDANT, PAUL A. MATTUS COMES THE DEFENDANT, Paul A. Mattus, and sets forth the following as his Answer and New Matter in this case: ;1. ADMITTED. 2. DENIED. Paul A. Mattus does not reside at 3810 Market Street, Camp Hill, PA. 3. DENIED. Contrary to the Plaintiff's allegations, this amount was apparently run up by others than the Answering Defendant, Paul A. Mattus. 4. DENIED AS SET FORTH IN #3 ABOVE. 5. ADMITTED. 6. DENIED. Plaintiff has not made any demands that Defendant make payment, other than in this lawsuit. By way of further explanation, these debts were incurred many years ago and the statute of limitations, laches, and other defaults by the Plaintiff now bar them. 24458 1.DOC WHEREFORE, Defendant Paul A. Mathis demands judgment in his favor. NEW MATTER 7. Plaintiffs claims are barred by the statute of limitations, laches, and other delay. All of Plaintiffs claims are older than permitted under any applicable statute of limitations. 8. Defendant did not incur these debts as set forth. They were incurred by others misusing Defendant's credit. WHEREFORE, Defendant Paul A. Mattus demands judgment in his favor. Respectfully submitted, Paul A. Mattus J usiness Address: 3810 Market Street Camp Hill, PA 17011 24458_1.DOC AFFIDAVIT I, Paul A. Mattus, have reviewed the enclosed Answer and New Matter and hereby aver that, based upon information and beh' f, the statements contained therein are true and correct. P 1 A. Mattus L_. Business Address: 3 810 Market Street Camp Hill, PA 17011 DATED this day of 2006. 24458_1 .DOC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been sent this day of b v . 2006 to the following individual via first-class United States mail addressed as follows: Gregg L. Morris, Esq. PATENAUDE & FELM A.P.C. 213 East Main Street Carnegie, PA 15106 24458_].DOC THE LAw OFFICES of PATENAUDE & FELIX, Apc A PROFESSIONAL LAW CORPORATION AX BANS MI - S-ION - - [X] PLEASE REPLY TO THE OFFICE INDICATED [ J 4545 MURPHY CANYON RD, 3RD FL [ x ] 213 EAST MAIN STREET [ ] 1771 EAST FLAMINGO RD, STE # 112A SAN DIEGO, CA 92123 CARNEGIE, PA 15106 LAS VEGAS, NV 89119 TEL (858) 244-7600 OR (800) 832-7675 TEL (866) 772-7675 OR (412) 429-7675 TEL (B00) 867-3092 OR (702) 952-2032 FAX (858) 836-0320 FAX (412) 429-7679 FAX (702) 992-6286 , November 15, 2006 Paul A Mattus 3810 Market Street Camp Hill, PA 170114345 Re: LVNV FUNDING, LLC,.v. PAUL A MATTUS Docket Number: 06-5806 Our File Number: 2970.13162 Mr. Mattus: Enclosed please find Request For Admissions, Reply to New Matter, and Certification of Service of Plaintiff s Interrogatories SetM Addressed to Defendant directed to you. The originals will be filed with the court. Please contact me should you have a settlement proposal. Thank you. GLM/dmk Enclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. LVNV FUNDING, L.L.C., Plaintiff V. PAUL A. MATTUS, Defendant You are hereby notified to plead to the enclosed Request for Admissions within 30 days from service hereof or a default ju 7ma be entered against you. Greg oms, Esquire c Q C) NO. 06-5806 z M M ? < 55 REQUEST FOR ADMISSIONS ADDRESSED TO DEFENDANT Filed on behalf of: LVNV FUNDING LLC, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 Request of Admissions.Mattus.2050.Cumberland _IN THE-COURT OF COMLvIOMPLEAS OF CUM3ERLAND COUNTY, - PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff V. PAUL A MATTUS, Defendant NO. 06-5806 PLAINTIFF'S REQUESTS FOR ADMISSIONS ADDRESSED TO DEFENDANT You are hereby requested to admit the following, for the purposes of this action only, pursuant to the Rules of Civil Procedure. You are directed to file a sworn answer to this request in compliance with the Rules of Civil Procedure within thirty (30) days after service of this document. 1. The Plaintiff is as identified in the caption of the Complaint in Civil Action filed at the above number and term and incorporated herein by reference. 2. The Defendant is as set forth in the caption of the Complaint in Civil Action incorporated herein by reference 3. Defendant applied for and opened A S ears Roebuck & Company(hereinafter "Sears") Account with Plaintiff, being Account No. 5484075149774 (hereinafter "Account") for the purchase of goods and services. 4. The Defendant agreed to purchase various item(s) of personal property, service(s) or item(s) of merchandise from Plaintiff. 5. Defendant received the item(s) of personal property, service(s) or item(s) of merchandise 6. The prices charged by Sears were those which Defendant agreed to pay. 7. The prices charged by Sears were fair, reasonable and market prices for the ---- -- item(s) or services at the time they were delivered or received by Defendant. 8. There remains an unpaid balance due on the Account. 9. Defendant, received monthly billing statements from Sears. 10. Defendant retained those statements without objection, and made payments to Sears. 11. The unpaid balance due is as more fully set forth in the prayer of the Complaint in Civil Action which has been incorporated herein by reference. Respectfully Submitted: Patenaude & Felix, A.P. C VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. I do verifythat [ ] I am the defendant in the above entitled matter [ ] I am an authorized representative of the Defendant in the above matter (having set forth my relationship with the Defendant in the spaces below the signature line which are incorporated herein by reference and that the facts set forth in the annexed Response to Plaintiff's Request for Admissions are true and correct to the best of myknowledge, information and belief. Name: Address: Telephone #: Title: I, Gregg L Morris, attorney for Plaintiff, LVNV FUNDING, LLC.,hereby certify that a true and correct copy of the foregoing document was served this date by US First Class Mail, postage prepaid upon the following: Paul A Mattes 3 810 Market Street Camp Hill, PA 17011-4345 Date: 11115106 Gregg L Morris, Esquire Patenaude & Felix, A.P.C. Attorneys for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 Y I GREGG L. Moms, EsQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIlvtII.E (412) 429-7679 PA ID #69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, Plaintiff; V. PAUL A. MATTUS, Defendant. NO. 06-5806 0 t PLAINTIFF'S REPLY TO NEW MATTER `m -.3m W Filed on behalf of LVNV FUNDING, LLC, Plaintiff Counsel of Record for This Party: Gregg L. Moms, Esquire Pa I.D. 469006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 MATTUS, PAUL 2970.13165.REPLY TO NEW MATTER.wpd 0 z -U-t ?Y rn fo -c 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, NO.06-5 806 Plaintiff, V. PAUL A. MATTUS, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and files the following Plaintiff's Reply to New Matter, and in support thereof, aver as follows: 7. The averments of paragraph 7 state a conclusion of law to which no response is required. To the extent a response is ever required, the averment is denied. Strict proof thereof is demanded at trial. Without waiving the foregoing objection, the account was opened on June 9, 1998. Payments were made on the account over a period of years with a final payment being posted to the account on or about June 30, 2005. 8. After reasonable investigation, plaintiff lacks information sufficient to form a belief as to the truth of the averment. Set forth in paragraph S. Accordingly, the averment is denied. Strict proof thereof is demanded at trial. The averments of set forth in the preceding paragraph are incorporated herein by reference. 0 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $16,799.70, with continuing interest thereon at the legal rate from the date of judgment plus costs. The aforesaid amount is within the jurisdictional amount requiring compulsory arbitration. riLwuLu6JI,rn l.)IVV (412) 429-7675 s VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in Plaintiff s Reply to New Matter are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided to him by the Plaintiff or contained in the file provided to him by Plaintiff. The verification of the party will be provided if requested. Date: Ct to Carnegie, PA 15106 (412) 429-7675 4 CERTIFICATION OF SERVICE L Gregg L. Morris, attorney for LVNV Funding, LLC., hereby certify that a true and correct copy of foregoing document was served this date upon the following: Paul A. Mattus 3 810 Market St Camp Hill, PA 17011-4345 Date: , ( U b l Pnaude & Felix, APC 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 4 CERTIFICATION OF SERVICE I, Gregg L. Morris, do hereby certify that service of a true and correct copy of the within document was made on this date to the above named by United States First Class Mail, postage prepaid. Paul A. Mattus 3810 Market St Camp Hill, P Date: U A '// r ' , Esquire atenaude & Felix, ARC 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, NO. 06-5806 Plaintiff, V. PAUL A. MATTUS, Defendant PROPOSED ORDER OF COURT AND NOW, this day of 2007, upon consideration of the forgoing Motion, it is Ordered that said Motion is GRANTED. Judgment is entered in favor of Plaintiff, and against Defendant as follows: Amount claimed in Complaint $ 16,799.70 TOTAL $16,799.70 By the Court: TJ C) 4- `(1 Vi=n LVNV FUNDING, LLC, Plaintiff V. PAUL A. MATTUS, Defendant TO THE CLERK: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-5806 ENTRY OF APPEARANCE Kindly enter the appearance of Bruce J. Warshawsky, Esquire on behalf of Cunningham & Chernicoff, P.C., as attorney of record for the Defendant, Paul A. Mattus, in the above- captioned matter. Date: August k, 2007 By ce J. Warshawsky ire 2320 North Front SdrRt' Harrisburg, PA 17110 Telephone: (717) 238-6570 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, hereby certify a true and correct copy of the foregoing ENTRY OF APPEARANCE will be served by electronic means and/or first-class U.S. mail on the following parties indicated: Gregg L. Morris, Esquire Parenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 CUNNINGHAM & CHERNICOFF, P.C. By: jj??? QA&,O?? ulieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: August _?,, 2007 F:\Home\BJW\DOCS\MATTUS\Collection\LVNV Funding\Entrympd Q 1 C _' ?! J ti LVNV FUNDING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 06-5806 PAUL A. MATTUS, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Defendant, Paul Mattus, by and through his counsel, Cunningham & Chernicoff, P.C. to file an Answer to the Plaintiffs motion for Summary Judgment in the above-referenced action as follows: 1. Denied as stated. It is admitted that the Plaintiff filed this civil action to recover money. However, it is denied that the Defendant owes or is responsible to the Plaintiff for payment of this money. Therefore, it is denied that the Plaintiff is entitled to any relief. By way of further answer, Defendant never signed any cardholder agreement with Sears Roebuck & Company for Account Number 5484075149774 ("Account"). The Defendant believes, and therefore avers, that any cardholder agreement for the Account was signed by his ex-wife, Denise Mattus ("Mrs. Mattus"), to whom the Defendant was married at such time, but that Mrs. Mattus was not authorized to sign an agreement for the Account on the Defendant's behalf. Furthermore, the Defendant never authorized any charges to the Account, never received statements for the Account, and never made payments on the Account. See the attached Affidavit of the Defendant (Exhibit "A» 2. Denied. The Defendant's Answer to the Complaint is a document that speaks for itself, and in accordance with the Pennsylvania Rules of Civil Procedure, properly denies the averments of the Complaint. The Plaintiff has the burden of proof to establish its right to relief. 3. The averments in this Paragraph are legal conclusions to which no response is required. However, it is denied that the Defendant's Answer to the Complaint contains general denials. Rather, The Defendant's Answer to the Complaint is a document that speaks for itself, and in accordance with the Pennsylvania Rules of Civil Procedure, properly denies the averments of the Complaint. The Plaintiff has the burden of proof to establish its right to relief. The Defendant is not required to offer further details nor explain what actually occurred. "Requiring this practice would be contrary to the fundamental principle that the plaintiff has the obligation of proving the defendant's liability, and that the defendant does not become liable by failing to deny in exculpating detail the plaintiff's incriminating allegations." Commonwealth v. Rainbow Assoc., Inc., 587 A.2d 357, 360 n. 4 (Pa. Commw. Ct. 1991). 4. Admitted. 5. The Plaintiff's Reply to New Matter is a document that speaks for itself. However, the Plaintiff has the burden of proof to establish its right to relief and, as set forth in the Defendant's attached Affidavit, the Defendant never signed any ti agreement for the Account, never authorized charges to the Account, never received Account statements, and never made payments on the Account. 6. Admitted in part and denied in part. It is admitted that as of the date the Plaintiff's Motion for Summary Judgment was filed, the Defendant had not yet responded to the Plaintiff's Request for Admissions. However, contemporaneously herewith the Defendant is serving Responses to the Request for Admissions, which are attached hereto as Exhibit "B". Furthermore, it is denied that the matters set forth in the Request for Admissions are deemed to be admitted. Notwithstanding the lateness of the Defendant's Response to the Plaintiff's Request for Admission, no prejudice has inured the Plaintiff as a result. Therefore, the Rules of Civil Procedure should be liberally construed so that justice is done, and "[t]he court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties." Pa. R.C.P 126. By way of further answer, the Defendant has also answered the Plaintiff's interrogatories (attached hereto as Exhibit "C") and has served the Plaintiff with a Request for Production of Documents (Exhibit "D") which require the Plaintiff to produce various documents which relate to the defenses raised by the Defendant in his Answer in the New Matter, in his attached Affidavit, and herein. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: Bruce J. Warshawsky, Esquire Attorney for Plaintiff Supreme Ct. I.D. 458799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 e-mail: bjw&a,cclawpc.com Date: August 2, 2007 F:\Home\BPierce\Docs\Warshawsky, Bruce\Mattus, Paul\LVNV\Def Answer to Motion for SJ.doc VERIFICATION I, Paul A. Mattus hereby verify that the statements made in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?/)-/0 F:\Home\BJW\DOCS\MATTUS\Collection\LVNV Funding\VERIFY.wpd LVNV FUNDING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 06-5806 PAUL A. MATTUS, Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, certify a true and correct copy of DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT will be served by electronic means and/or by first class U.S. Mail on the following parties indicated: LVNV Funding, LLC c/o Gregg L. Morris, Esquire Parenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 GHAM & CHERNICOFF, P.C. Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6571 Date: August 2, 2007 LVNV FUNDING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 06-5806 PAUL A. MATTUS, Defendant AFFIDAVIT AND NOW, comes Paul A. Mattus, the undersigned, who after being placed under oath, hereby deposes and says the following: 1. I neither signed any Cardholder Agreement nor applied for a Sears Roebuck credit card by or through the Plaintiff or its predecessors. 2. I believe that my then wife, Denise Mattus, may have signed my name, without my authorization, for the Account (defined herein). 3. I never purchased items using the account, 5474075149774 ("Account") which are the subject matter of this litigation. 4. I never received any items of personal property, services or merchandise by and through the Account. 5. I never made any payments on the Account. 6. I never received any monthly billing statements for the Account from the Plaintiff or the Plaintiff's predecessor, Sears. 7. Any and all charges made on the Account were made by others, not under my control and I never authorized the use of the Account to my detriment. FURTHER AFFIANT SAYETH NOT Date: u /°)/ m Pa A. Mattus COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. On this, the CMG day of 2007, before me, a Notary Public, the undersigned officer, personally appeal Paul A. Mattus, known to me (or satisfactorily proven) to be the person described in the within instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public F:\Home\BPierce\Docs\Warshawsky, Bruce\Mattus, Paul\LVNV\DefAffidavit.doc COMMO W H P NOTARIAL SEAL AIUEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 LVNV FUNDING, LLC, Plaintiff V. PAUL A. MATTUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-5806 DEFENDANT'S ANSWER TO PLAINTIFF'S REQUEST FOR ADMISSIONS AND NOW, comes the Defendant, Paul Mattus, by and through his counsel, Cunningham & Chernicoff, P.C. to file an Answer to the Plaintiff's Request for Admissions in the above-referenced action as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The Defendant never signed any cardholder agreement with. Sears Roebuck & Company for Account Number 5484075149774 ("Account"). The Defendant believes, and therefore avers, that any cardholder agreement for the Account was signed by his ex-wife, Denise Mattus ("Mrs. Mattus"), to whom the Defendant was married at such time, but that Mrs. Mattus was not authorized to sign up for the Account on the Defendant's behalf. Furthermore, the Defendant never authorized any charges to the Account, never received statements for the Account, and never made payments on the Account. See the attached Affidavit of the Defendant (Exhibit "A"). 4. Denied. The Defendant never authorized any charges to the Account, never received statements for the Account, and never made payments on the Account. See the attached Affidavit of the Defendant (Exhibit "A"). 5. Denied. 6. After reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief about the truth of the matters asserted herein, thus they are denied. 7. Denied as stated. No item(s) or services were ever delivered to or received by the Defendant. As to the averment that the prices charged were fair, reasonable, and market prices, and after reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief about the truth of the matters asserted herein, thus they are denied. 8. After reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief about the truth of the matters asserted herein, thus they are denied. 9. Denied. 10. Denied. 11. After reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief about the truth of the matters asserted herein, thus they are denied. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. B y• Bruce J. Warshawsky, Esquire Attorney for Plaintiff Supreme Ct. I.D. #58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 e-mail: bjw a,cclawpc.com Date: August 2, 2007 F..\Home\BPierce\Docs\Warshawsky, Bmce\Mattus, PauRLVWDef Answer to Req for Admissions.doc EXHIBIT ? A? VERIFICATION I, Paul A. Mattus hereby verify that the statements made in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S REQUEST FOR ADMISSIONS are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 0 c/ al F:Ucome\BJW\DOCS\MAMJS\Collection\LVNV Funding\VERIFY.wpd LVNV FUNDING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 06-5806 PAUL A. MATTUS, Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, certify a true and correct copy of DEFENDANT'S ANSWER TO PLAINTIFF'S REQUEST FOR ADMISSIONS will be served by electronic means and/or by first class U.S. Mail on the following parties indicated: LVNV Funding, LLC c/o Gregg L. Morris, Esquire Parenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 CUNNINGHAM & CHERNICOFF, P.C. B?x;;1? - v Julieanne Ametrano 2320 North Second Street ?.0 Harrisburg, PA 17110 Telephone: (717) 238-6571 Date: August 2, 2007 E:` Horne' BPierce'Docs' Warshawsky, Brnce'Mattus, Paul' LVNV'.Def Answer to Req for Admissions.doc LVNV FUNDING, LLC, Plaintiff V. PAUL A. MATTUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-5806 ANSWER TO PLAINTIFF'S INTERROGATORIES (SET I) ADDRESSED TO DEFENDANT 1. None. 2. This address is the Defendant's place of business. 3. Paul A. Mattus. 4. The Defendant never signed any Cardholder Agreement with Sears Roebuck & Company for Account Number 5484075149774 ("Account"). The Defendant believes, and therefore avers, that any Cardholder Agreement for the Account was signed by his ex-wife, Denise Mattus ("Mrs. Mattus"), to whom the Defendant was married at such time, but that Mrs. Mattus was not authorized to sign an agreement for the Account on the Defendant's behalf. Furthermore, the Defendant never authorized any charges to the Account, never received statements for the Account, and never made payments on the Account. 5. a. Paul A. Mattus. b. Denise Mattus. 129 Academy Road, Clifton Heights, Pennsylvania 19061. Phone number unknown. 6. Paul A. Mattus never made payments on the Account, thus any applicable states of limitations has run. 7. a. Paul A. Mattus. b. Denise Mattus. 129 Academy Road, Clifton Heights, Pennsylvania 19061. Phone number unknown. 8. The Defendant never signed any Cardholder Agreement with Sears Roebuck & Company for the Account. The Defendant believes, and therefore avers, that any Cardholder Agreement for the Account was signed by Mrs. Mattus, to whom the Defendant was married at such time, but that Mrs. Mattus was not authorized to sign an agreement for the Account on the Defendant's behalf. Furthermore, the Defendant never authorized any charges to the Account, never received statements for the Account, and never made payments on the Account. 9. a. Paul A. Mattus. b. Denise Mattus. 129 Academy Road, Clifton Heights, Pennsylvania 19061. Phone number unknown. 10. None. 11. None. Defendant reserves the right to supplement this Response with documents produced by Plaintiff to Defendant. 12. None. 13. No. 14. No. 15. None. 16. Paul A. Mattus and undersigned counsel and employees of counsel's law firm. 17. Insurance Agent. 18. B.S., West Chester University, 1983. 19. 1979 Graduate. 20. Pennsylvania Property and Casualty and Life Insurance Licenses. 21. Zero. It is denied that the Defendant owes or is responsible to the Plaintiff for payment of any money. 22. Zero. 23. No. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: Bruce J. Warshawsky, Esquire Attorney for Plaintiff Supreme Ct. I.D. #58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 e-mail: bjw(a?cc? lawnc.com Date: August 2, 2007 VERIFICATION I, Paul A. Mattus hereby verify that the statements made in the foregoing ANSWERS TO PLAINTIFF'S INTERROGATORIES (SET I) ADDRESSED TO DEFENDANT are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 0 d Lo Paul . Mattus F:\Home\BJVDOCS\MATCUS\Collection\LVNV Funding\VERIFY.wpd LVNV FUNDING, LLC, Plaintiff V. PAUL A. MATTUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-5806 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, certify a true and correct copy of ANSWER TO PLAINTIFF'S INTERROGATORIES (SET I) ADDRESSED TO DEFENDANT will be served by electronic means and/or by first class U.S. Mail on the following parties indicated: LVNV Funding, LLC c/o Gregg L. Morris, Esquire Parenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 CLq?$INGHAM & CH RNICOFF, P.C. ;? By: ??(tC ` Julieanne Ametrano 2320 North Second Street Q Harrisburg, PA 17110 Telephone: (717) 238-6571 Date: August 2, 2007 F Home`BJWIDOCS`MATTUS'.Collection\LVNV FundinglAnswer2lnterrogatories.wpd LVNV FUNDING, LLC, Plaintiff V. PAUL A. MATTUS, Defendant To: LVNV Funding, LLC c/o Gregg L. Morris, Esquire Parenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-5806 FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS FOR PLAINTIFF, LVNV FUNDING, LLC Defendant, Paul A. Mattus requests Plaintiff to produce copies of the following documents, at his expense, within thirty (30) days of service of this First Request for Production of Documents and Things at the office of Bruce J. Warshawsky, Esquire, 2320 North Second Street, Harrisburg, Pennsylvania. A. DEFINITIONS Whenever the word "your" appears herein and whenever the designation of the party served with this Request for Production of Documents appears herein and whenever any person or entity is referred to herein such word, designation, person, or entity shall be construed to mean not only the party served with these Requests, other person or entity in his, her, its, or their own right but also his, her, its, or their agents, servants, workmen, representatives, employees, or attorneys. If the Plaintiff to whom these Requests are addressed is not an individual(s) "your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and 4 former officers, directors, agents, employees, and all other persons purporting to act on behalf of it or its predecessors. For purposes of these Requests the word "representative" includes the attorney for the party and any consultant, surety, indemnitor, insurer, agent, adjuster, or investigator for the party or the party's insurer. For purposes of these Requests, the word "statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also includes a stenographic, mechanical, electrical or other recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. If you do not have possession, custody or control of such documents, you are required to identify the documents and the person who has possession, custody or control of such documents and where such documents are located. If you object to the production of any document on the grounds that the attorney-client privilege, the attorney work-product privilege or any other privilege is applicable thereto, you shall, with respect to each such document: i. State its date; ii. Identify its author; iii. Identify each person who prepared or participated in the preparation of the document; iv. Identify each person who received it; V. Identify each person from whom the document was received; vi. State the present location of the document and all copies thereof; vii. Identify each person who has ever had possession, custody or control of the document or a copy thereof, or has seen, reviewed, read or otherwise become aware of the contents thereof, and viii. Provide sufficient, detailed information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of such claim. As referred to herein, "documents" include written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, correspondence, notes, memoranda, analysis, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, minutes of meetings or any other writings (including copies of the foregoing, regardless of whether you are now in possession, custody or control of the original) now in the possession, custody or control of you, your former or present counsel, agents, employees, officers, insurers or any other agent acting on your behalf. REQUESTS 1. Any and all statements as defined by Pa. R.C.P. §4003.4, by parties and/or witnesses. 2. Any and all documents prepared by you excluding those documents not discoverable under Pa. R.C.P. §4003.3, 4003.5 and/or attorney/client privilege. 3. All correspondence or memoranda relative to the subject matter of this litigation, excluding privileged material. 4. Any and all documents which are in your possession which you purport was signed by the Defendant, Paul A. Mattus. 5. Any and all documents which purport to be Agreements by and between the respective parties in this case including, but not limited to, any such documents which list co- obligors of the Defendant, Paul A. Mattus. 6. Any and all documents and/or exhibits which you intend to use or identify as exhibits and/or evidence at any Hearing scheduled in this matter. 7. Any and all statements rendered by the Plaintiff to the Defendant and/or any other co-obligor of the Defendant in connection with the subject matter of this litigation. 8. Any and all internal records including, but not limited to, purchase slips, purchase authorizations and digital records of any authorized purchases made on the account which is the subject matter of this litigation. 9. Any and all documents relating to any litigation or negotiation by and between the Plaintiff and any co-obligor in this case including, but not limited to, any payments made on the account which is the subject matter of this litigation. y 10. Any and all documents relating to any payments made on the account which is the subject matter of this litigation. Respectfully submitted, CUNNINGHAM & CHERNICOF_F, P.C. B Bruce J. W shawsky, Esquire Attorney for Plaintiff Supreme Ct. I.D. #58799 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 e-mail: bjwkcclawpc.com Date: August 2, 2007 F:\Home\BIW\DOCS\MATTUS\Collection\LVNV FundingTroductionotDocuments.wpd LVNV FUNDING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO: 06-5806 PAUL A. MATTUS, Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, certify a true and correct copy of FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS FOR PLAINTIFF, LVNV FUNDING, LLC will be served by electronic means and/or by first class U.S. Mail on the following parties indicated: LVNV Funding, LLC c/o Gregg L. Morris, Esquire Parenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 C By: GHAM & CHERNICOFF, P.C. i Julieanne Ametrano 2320 North Second Street ?J Harrisburg, PA 17110 Telephone: (717) 238-6571 Date: August 2, 2007 -Tj -t IN THE COURT OF COMMON PLEA OF PENNSYLVANI LVNV FUNDING, L.L.C. Plaintiff V. PAUL A MATTUS Defendant(s) COUNTY, NO. 06-5806 PRAECIPE TO DISCONTINUE WITHOUT iled on behalf of: VNV FUNDING, L.L.C. of Record for This Party: :gg L. Morris, Esquire I.D. #69006 atenaude & Felix, A.P.C. 13 E. Main Street amegie, PA 15106 X12) 429-7675 PA- 170 Prep Disc W/o Pddc P&? File No. 2970.13165 i IN THE COURT OF COMMON PLEA OF C PENNSYLVANIA LVNV FUNDING, L.L.C. Plaintiff V. PAUL A MATTUS Defendant(s) COUNTY, NO. 06-5806 TO: Prothonotary Please discontinue the matter captioned prejudice. Thank you. full submitted: 7-84 ix, A.P.C. Date: Sworn to and subscribed before me this day of 20 Notary Public Grp g L. Mom , 213 E. Main Str Carnegie, PA 151 (412.) 429-7675 Esquire PA-170 Prcp Disc w/o Pddc PB F File Nol 2970.13165 .-ft I, GREGG NVIORRIS, attorney for Plaintiff, that a true and correct copy of foregoing document the following: Bruce Warshawsky 2320 N. 2Nd Street Harrisburg, PA 17110 Date: FUNDING, L.L.C. , hereby certify this date by ordinary mail upon to g L'i ris , Esquire Pa ena elix, A.P.C. 21 E. treet C eaie. PA 15106 (412) 429-7675 PA_ 170 Prcp Disc w/o Pddc File No. 2970.13165 ? QQ d?? inF LD r :. cil