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Home My WebLink About06-7197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLONIAL CREDIT CORPORATION No. Ol.. - 1tCfr ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE P.O. BOX 1852 ROCKVILLE MD 20849-1852 Plaintiff C,.c.J .L L VS CIVIL ACTION - LAW MARCIA K GOSS 506 N FRONT ST APT 3 LEMOYNE PA 17043 Defendant(s) Filed on behalf of: Plaintiff, COLONIAL CREDIT CORPORATION Counsel of record for this party: Date: ~\.o Amy F. Doyle #8 62/ Daniel F. Wolfson #20617 E . . War' 63411 Andrew C. Spears #87737 David R. allow a ilyn M. Chippie #87852 ar . hasz #864691 Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 1 Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W &A File No. 132189963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COLONIAL CREDIT CORPORA nON ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORA nON ASSIGNEE OF HOUSEHOLD FINANCE Plaintiff :No. VS MARCIA K GOSS Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE - CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 (717) 249-3166/ (800) 990-9108 NOTICE: YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAYBE ENTERED AGAINST YOU BEFORE THE HEARING. IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAYBE HEARD IMMEDIATELY BEFORE A JUDGE WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. W&A File No. 132189963 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COLONIAL CREDIT CORP VS GOSS MARCIA K JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOSS MARCIA K the DEFENDANT , at 2106:00 HOURS, on the lOth day of January , 2007 at 506 N FRONT STREET APT 3 LEMOYNE, PA 17043 by handing to MARCIA GOSS 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 Affidavit Surcharge So Answers: 18.00 42.24 .00 10.00 .00 70.24 J L-01 \ - f}Ui \)tt> ,...--~~ R. Thomas Kline 01/12/2007 WOLPOFF & ABRAMSON day By: ~1f1A- De ty Sheriff Sworn and Subscibed to before me this of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COLONIAL CREDIT CORPORATION ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE Plaintiff :No. 0 t.,. - ? I 9 7 ~ 7 ~ VS :CIVIL ACTION - LAW MARCIA K GOSS Defendant(s) COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law firm ofWolpoff & Abramson, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is COLONIAL CREDIT CORPORATION ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE, located at P.O. Box 1852 Rockville, MD 20849-1852. 2. Defendant, MARCIA K GOSS, is an adult individual with a last known address of 506 N Front St Apt 3 Lemoyne, Cumberland County, PA 17043. 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 a regular user of said Account for the purchase of products, goods and/or for obtaining services. 5. Defendant was provided with copies of the Statement of Accounts showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant. A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A". CCP Cmplt - WOR & AF W&A File No. 132189963 4 6. Defendant did not object to the above-mentioned statements 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 $12,100.26. 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 $8,646.55. 10. 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. 11. Plaintiff performed any and all conditions precedent to the bringing of this action. 12. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR & AF W&A File No. 132189963 5 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $12,100.26, plus interest in the amount of $8,646.55, plus costs of this action and any other relief as this Court deems just and reasonable. ~lY Submitted, Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Phil' lic #86341/Andrew C. Spears #87737 . Gallow nilyn M. Chippie #87852 . 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, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff Date: \ 1-ll::){(/Ip . CCP Cmplt - WOR & AF W&A File No. 132189963 6 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 unsworn falsification to authorities. Date: ~ AmYF.~Danie1F.W01fSOn #20617 Phil~ a;hOliC #86341/ Andrew C. Spears #87737 ~ . loway #873~onilyn 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, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR & AF W&A File No. 132189963 7 , . Exhibit IIAII , . A-ACCNT#71461425101613 B-ACCNT#502977939 ACCT BAL 12100.26 0- ACCNT# LPYMT DT 12/28/2001 C/O DT 12/26/2002 OP EN DT 08/02/1999 ORIG CRED COLONIAL CREDIT CORP.,ASSIGNEE OF HOUSEHOLD FINAN *W W1-DEB1-LNAME GO SS *W W1-DEB1-FNAME *WW1-DEB1-DOB*WW1-DEB1-SSN MA RCIA K XXX-XX-1959 *W W1-DEB1-HPHONE*WW1-DEB1-ADDR1 *WW1-DEB1-ADDR2 71 76511341 4531 SEQUOIA DR *w W1-DEB1-CITY *WW1-DEB1-ST*WW1-DEB1-ZIP*WW1-DEB1-ASSET-IND HA RRISBURG PA 171095135 *W W1-DEB1-WPHONE*WW1-DEB1-POE 00 00000000 TJ MAXX FRAMINGHAMD *- REC-TYPE*-WW-ID*-AGCY-ID*-WW-CASE-NO*-WW-ACCT-NO 01 WAN XREC 502977939 71461425101613 *- ORG-ACCT-NO *-PLAINT-NO 6117411 *- ORG-CREDITOR *WW1-CLIENT-ID-HOLD CO LONIAL CREDIT CORP.,ASSIGNEE OF HOUSEHOLD FINAN COLN *W W1-PLACED-AMT*WW1-INT-RATE*WW1-INT-START-DATE*WW1-AGCY-FEE-RATE*WW1-COMM-RATE 12 100.26 06.00 12/26/2002 00.00 *ww 1-LST-PYMT-DT*WW1-CO-DATE*WW1-0PEN-DATE 12/ 28/2001 12/26/2002 08/02/1999 *ww 1-DEB1-POE-ADDR *WW1-DEB1-POE-CITY *WW1-DEB1-POE-ST *ww 1-DEB1-POE-ZIP*WW1-DEB2-LNAME *ww 1-DEB2-FNAME *WW1-DEB2-DOB*WW1-DEB2-SSN XXX-XX-OOOO *ww 1-DEB2-HPHONE*WW1-DEB2-ADDR1 *WW1-DEB2-ADDR2 000 0000000 *ww 1-DEB2-CITY *WW1-DEB2-ST*WW1-DEB2-ZIP*WW1-DEB2-ASSET-IND *WW 1-DEB2-WPHONE*WW1-DEB2-POE ;l:) t ~ \' ~ ~ ~ 'i ~ Crt Vl ~ ~ ~ rrJ ~r -ft C) r-..;) r"':- c;:::J \;.~_:, ~ o -n c:::? -l rq -r o nlfP r.E."2 \""j \.0 -eJ N ~~F~ f'..) ~9 (...;1 ~ '.' C0 & ... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COLONIAL CREDIT CORPORATION No. 06-7197 civil term ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE Plaintiff Vs. Marcia K. Goss Defendant( s) ANSWER TO COMPLAINT 1. Admit that the Plaintiff is COLONIAL CREDIT CORPORATION ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE LOCATED IN Rockville, MD. 2. Admit that the Defendant does reside at 506 N. Front Street in Wormleysburg, PA. 3. Admit that the Defendant was issued an open end credit account. 4. Admit that the Defendant was a regular user of the account. 5. Insufficient to answer. The Defendant received statement of accounts up until December of 200 1 and has not received anything in writing since that time. 6. The Defendant does not object to the above-mentioned statements. 7. As of this day, the Defendant does not have information sufficient to form a belief as to the truth of the statement. 8. As of this day, the Defendant does not have information sufficient to form a belief as to the truth of the statement. 9. As of this day, the Defendant does not have information sufficient to form a belief as to the truth of the statement. 10. Defendant has never refused. The Defendant has never been contacted for demands for payment. 11. The Defendant does not have information sufficient to form a belief as to the truth of the statement. 12. Admit that the amount in controversy is within the jurisdictional amount requiring compulsory arbitration. . .. NEW MATTER 1. Plaintiffs complaint seeks damages from the defendant, alleging that the amount of$12,100.26, plus interest in the amount of $8,646.55, plus the costs ofthis action. 2. The applicable Pennsylvania statute oflimitation, 42 Pa. Cons. Stat. Ann ~ 5525, requires that suit on such a cause of action be commenced within 4 years of the date on which the cause of action accrued. 3. Plaintiffs cause of action accrued on 12/28/2001, and plaintiffs action was not commenced until 12/15/2006, which is beyond the applicable statutory period of limitation. 4. Plaintiffs action is accordingly barred by the applicable statute of limitation. . '. VERIFICA nON The undersigned, the Defendant, verifies that statements made are true and correct. Date: .,Jdfwi ~ fJOO1 Ji~J!>>~ MarcIa K. Goss----- 506 N. Front Street Apt. 3 Wormleysburg, PA 17043 "-.) t:'::;, (:~':;:;.:J -..J ." i'1 oj I I.f.) :s? f'..) C'"l ,.. , LAW OFFICES WOLPOFF It ABRAMSON, L.LP. A1TORNEYS IN THE PRACI'ICE OF DEBT COllECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL, PA 17011 717-303-6700 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLONIAL CREDIT CORPORATION ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE Plaintiff No. 06-7197 CIVIL TERM CIVIL ACTION - LA W VS MARCIA K GOSS Defendant(s) PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully Submitted, Date: J I ~o 1.0- Amy F. Doyle 87062/ Daniel F. Wolfson #20617 Philip C. Warholic #86341 /. 6 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259/ Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 W olpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff , ~ ,~~, ,.. -i,. l'>;~" :.. ~;:., ~ W&A File No. 132189963 ... , LAW OFPICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COlLECTION 4660 TRINDLE ROAD THIRD FLOOR CAMP HILL. PA 17011 717-303-6700 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLONIAL CREDIT CORPORATION ASSIGNEE OF GLOBAL ACCEPTANCE CREDIT CORPORATION ASSIGNEE OF HOUSEHOLD FINANCE Plaintiff No. 06-7197 CIVIL TERM CIVIL ACTION - LAW vs. MARCIA K GOSS Defendant(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 ~ day of <!J,-L "f..-rt ,20dJ... Marcia K Goss 506 N FRONT ST APT 3 LEMOYNE, P A 17043 A~~ F. Doyle #8.1 2/ Daniel F. WOlfSOn,~()l:L~':~;l PhIlIp C. WarholIc #86341, _4t;~a.~ ff.K,:>A" Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259/ Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 132189963 9 ~;; s~. ,- ~ c::> .....) ...,., g} t') W -0 -'-"" ~ ~ -I :r::-n [i"\i"": -orG :;JI:? qo ~-1:~ '~~~ '~ ~1Jj :;..:, <-;? en. cP