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HomeMy WebLinkAbout07-1156COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Ii ZUMBERLAND COUNTY JUDICIAL DISTRICT 09-3-05 NOTICE OF APPEAL ?y FROM 4---FL LCL ;1;.16 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ` "? `/ (PLC NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAM! OF APPELLANT COMMONWEALTH FINANCIAL SYSTEMS, INC., c/o Apple and Apple PC Mark Martin ADDRESS OF APPELLANT CITY arw rc ?••• ?.??? 4650 Baum Blvd., Pittsburgh PA 15213 DATE OF JUDO. ENT IN THE CASE OP (Pleintilll iur.r.?ue•.u 2/1/07 ommonwealth Financial Systems, Inc JUDITH A. Buchanan YS. CLAIM NO SIGNATURE OF APPl LLANT OR HIS ATTORNEY O,"GENT CV 11? 06-4 26 LT 19 This block will be signed ONLY when this notation is required under P?l R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If a p ant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name of appellees) appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal* 'service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date Name of appellee(s) , 19 -. Signature of Prothonotary or Deputy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served X9 ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19 Signature of affiant Signature of official before whom affidavit was made Title of official .. My commission expires on 19 0 C- =31 C?= 0 M fSl? `J 4. s -Cs tzr C_ ... __v M tr N COMMONWEALTH OF PENNSYLVANIA .COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARE MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rC- OMM0=ZALTH FINANCIAL SYSTEMS INC7 120 N.EHYYSZR AVENUE SCRANTON, PA 18504 L VS. DEFENDANT: NAME and ADDRESS rBUCHANAM, JUDITH A 54 VILLAGE COURT ROTH VILLAGE LILECHA>siICSBURG, PA 17050-9167 J C011?0>dINEALTH FINANCIAL SYSTEMS INC 120 N.=EYSER AVENUE Docket No.: CV-0000426-06 SCRANTON, PA 18504 Date Filed: 12/05/06 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT (Date of Judgment) 2/01/07 71 ment was entered for: Jud (Name) BUCHANAN, JUDITH A g ® Judgment was entered against: (Names) 01911 CO11D[ONi1EALTH FINANCI, AL SYSTE in the amount of $ Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ;21916 7 Date & 4?? , Magisterial District Judge certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-06 DATE PRINTED: 2/06/07 7:38:00 AN a A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1156 Civil Term IN CIVIL ACTION COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff, vs. JUDITH A. B UCHANAN, Defendant. PROOF OF SERVICE OF NOTICE OF APPEAL CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone (412) 682-1466 Fax (412) 682-3138 +. Postal _ • • , M AILAE CEIP ru , (Do ti MAIL. RE CEIPT Er (Domestic Only; Provided) m mes c Mail Only; No Ing urance Coverage provided) m For delivery information visit our website at www usps com s . . s nj riu r9 r-:l _ nj ru Postage $ -1 Postage S ?G I r r9 C3 Certified Fee ? E3 Certified Fee V O D C3 O Return Receipt Fee r Postmark H C3 Return Receipt Fee (Endorsement Required) f ?j Postmark Here (Endorsement Required) 7 ere Q Restricted Delivery Fee Restricted Delivery Fee (Endorsement Required) ? (Endorsement Required) m M Total Posta e & Fees L Total Postage & Fees $ (p ul g 0 C3 C3 G $e . t? ----- ?? --------- M1 Ty t- c? y.. A i; .144 COMN"WEALTH OF PENNS)F, APP A ?Q COUNTY OF r T, AFF&VIT- 1 h rgby,s j? ar or affirrnythaj I served a. copy, of theIo e gf xt y a:;T i k (date of servicel„ t %, . recei t attache hereto, and ufion fihe•3Fipel,leai` 19 by rp?3Sonal -D:and- further fhait,# served # Etuls• t4i4e whom the Nine was addrested on r r:, mail, sender's reiGeipt atiatd hvp, i#t ` 4{ SWO FIRMED) AND Sll6SCR40-.- THIS ' bA`1 dF`?' f °. Title of "cia7 ; t Syr ' L ?sr My c4m,inission expires on F •^'R• R. W € ? r 4 i 6 ? t i ? ` Y"'F4 Tl? en4To O 1- -3 'OS v few -_-.. Meer _._......... ------ or PD Box No. Ciq ZIP+4 -- --- !b Pitt ;C notice of appeal. Check ?A(lcab?r' Am* r,;k,_ on tidesa0t?4e? upon th pis, r Vt. VJC con at0ove -Note of ni P0,b-F t ,c le ! ts) to ' by personal serVidL [J'V}r ?e'rti#ied) 4tegisteted) p V V 1 ? . Ti vi"PtirT p Y r ?c ?,.1 •r ?I+ rf;,?; .?rJ??' ?, b"?.'r ,.;'4. ??'< '?q "f 14' V it ?° .F • - : COMMONWEALTH OF PENNSYLVANIA COWRT C•,F COMMON PLEAS CUMBERLAND C(3IIN'i'Y JUDICIAL DISTRICT 09-3-05 NOTICE OF APPEAL FROM I..? E_c 211' DISTRICT JUSTICE JUDGMENT i? COMMON PLEAS No67 I1S?0 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the ju ment rended trr^the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. GIST. NO. OR NAME OF D.J. C014MONWZALTH FINANCIAL SYSTEMS, INC., c/o Apple and Apple PC Mark Kartin ADDRESS OF APPELLANT CITY ? ? ? r .. 1TA'TEC; ? E!-P COOS 46511 ,)Batt $Xvd.. PiLt,s`iljtt?tBl PA 15213 DATE OF JUDSMENT IN THE CASE OP /P/ainril/) /Defendant/ 2/1/07 >axcalth financial Systems, Inc VS JUDITH A. Buchanan CLAIM NO. . . SIGNATURE OF APPELLANT OR HIS ATTORNEY QFj AGENT cv ll§ 06-626 LT 19 This block will be signed ONLY when this notation is required under R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. or Deputy If p ant was Claimant (see Pa. R. C.P.J. P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within; twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO` ENT EM RRULE--TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No.,, 10©1,.(7} in action before District Justice. IF NOT USED., detach-from copy of notice &appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No appellee(s), to file a complaint in this appeal Name of appellee(s) ? within twenty (20) days after service of rule or suffer entry.ef judgment of non pros. i5ignature.nf appellant or his attorpey,.or agent RULE: To appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a cpmpkaimt ?rL?birs81,,r9+i??d7111enty (2D) days after the date of service of this rule upon you by personal service or by certified or re?isteiQW'r?W,*[ "?( ? s,` 'tit ;•:?> w c?'I? t'f -h.; ti,., _, (2) If you Oo,,not?& a cWlaint within this time, a JUDGMENT OF NON N110ROS WILL BE ENTERED A'dK(NST YOU. (3) The f sexice of I rule if service was by mail is the date of mailing. Date: 19 . Signature of Prothonotary or Deputy v Y . Q COMMONWEALTH FINANCIAL SYSTEMS, INC. : IN THE COURT OF COMMON PLEAS OF C/O APPLE & APPLE PC : CUMBERLAND CO., PENNSYLVANIA Plaintiff V. JUDITH A. BUCHANAN Defendant :NO. 07-1156 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Judith Buchanan, in the above captioned case. Respectfully Submitted, 4/iolo7 /s X'4? Date Jes Holst, Esq. Mi enn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400, ext. 2514 C) - i- _D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1156 Civil Term IN CIVIL ACTION COMMONWEALTH FINANCIAL SYSTEMS, INC. assignee of UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES INC. Plaintiff, VS. JUDITH A. BUCHANAN, Defendant. COMPLAINT c5fl App a A CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1156 Civil Term IN CIVIL ACTION COMMONWEALTH FINANCIAL SYSTEMS, INC. assignee of UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES INC. Plaintiff, VS. JUDITH A. BUCHANAN, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT can APp?r=,A 1. Plaintiff is a corporation having offices at 120 North Keyser Avenue, Scranton, PA 18504, and as the assignee of Unifund CCR Partners, assignee of Metris Companies Inc., stands in its assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff". 2. At a specific instance the Assignor sold, assigned and transferred to Plaintiff all of Assignor's right, title and interest in, and to the agreement between Assignor and Defendant. Assignor had the right to assign the agreement. A copy of the assignment is attached hereto as Exhibit "A". 3. All conditions precedent to Assignor's right to be paid under the terms of the contract have occurred. 4. Defendant is an individual whose address is 54 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. At a specific instance and request of the Defendant, the Defendant applied for and was granted a credit card and/or loan by Plaintiff at the terms and conditions agreed upon by the parties 6. The Plaintiff avers that the agreement between the parties was based upon a written agreement which the Defendant accepted by using credit card or loan to make purchases and/or cash advances. 7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 8. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 9. Plaintiff avers that the balance due amounts to $5,882.76 10. Plaintiff avers that the interest has accrued at the rate of 31.00% per annum on the balance due from February 3, 2006. 11. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiff avers will amount to 25% of the balance due. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of$5,882.76, with appropriate additional interest from February 3, 2006, plus attorneys fees and costs. APPLE AND APPLE, P.C. By: zaw- Plaintiff(s) Aworln, uniFund Unifund CCR Partners BILL OF SALE Unif ind CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of January 31, 2006 (the "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on 1C((, UNU UND CCR PARTNERS By Credit Card Receivables Fund, Inc: Its General Partner By David Rosenberg President For Unifund Use ONLY 11 Client # PID CID # EXNIBIT? EXHIBIT M BILL OF SALE AND ASSIGNMENT OF ASSETS The undersigned Metris Companies Inc. ("Assignor's hereby absol x1tely sells, transfers, assigns, sets-over, quitclaims and conveys to IlniFund CCR Partners, a general partnership organized under the laws of the State of New York ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignor's right, title and interest in and to each of the Assets (the "Assets" identified in the Asset Schedule ("Asset Schedule") attached hereto as Exhibit R, together with tUie right to collect all principal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and after the date of this Bill of Sale and Assignment of Assets. DATED: June 22, 2005 ASSIGNOR: MEMS RECEIVABLES INC. By: 9W ff1j, Name (print): A77_i? , ?.TLZl.1??J Title: SW7-77?1-15-?9dq/? A FIEDAVIT 1, James R. Apple, Esquire, Charles F. Bennett, Esquire, or Joel E Hausman, Esquire as indicated below verify that: Yam the attorney for the Plaintiff; 2. nat the facts set forth iu the foregoing Pleading are true and correct to the , best of piy kno`wledga; infb anon, arid belief, based upon information received from the Plaintiff. I understand, that false statements herein are read e sub- ect to tTa penalties of 18 Pa. C.9-k §4909,, relating to uusworl falsification to authorities. APPLE ANI?'A.PPLE; P.C. n 0 c- -Ti ' ' r4lF --? ? i ' I n7 1 T d _ -7 ?? CD -Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1156 Civil Term IN CIVIL ACTION COMMONWEALTH FINANCIAL SYSTEMS, INC. assignee of UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES INC. Plaintiff, VS. JUDITH A. BUCHANAN, Defendant. CERTIFICATE OF SERVICE CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone (412) 682-1466 Fax (412) 682-3138 s s 4 a I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1156 Civil Term IN CIVIL ACTION COMMONWEALTH FINANCIAL SYSTEMS, INC. assignee of UNIFUND CCR PARTNERS, assignee of METIRS COMPANIES INC. Plaintiff, vs. JUDITH A. BUCHANAN, Defendant. CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached or foregoing Complaint on Appeal upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Judith A. Buchanan 54 Village Court Mechanicsburg,PA 1705 0 Dated: q- N 0 7 MidPenn Legal Services Attn: Jessica Holst, Esq. 401 E. Louther St., Ste. 103 Carlisle PA 17013 By: .0 1 a, r- ru r=1 C3 Postage $ . V ` _(i1 c Certified Fee Postmark (EndoraemsM RegOW" Here C3 rr:'? (Endorsement Required) le Do esffl& m Total Postage & Fees $ 7 u7 O t ?A T7 hG +/? ..._.. t Q LG ................... f + or POt?No ? p C.. ?(?? r. l ' ____________ [all Staro? zip; `°- ---- . ? lVC ? ? c . s? C m a' ?-9 . w ti r9 ru p Postage $ /v? 4? L ? l Certified Fee J.- t o O Postmark (E Rndorserr ant _Regius ed Here C3 Restricted DelWery Fee (Endorsement Required) M 2 Total Postage & Fees $ V-i C3 rr ? 'ff ----- '5- --103------ :3 COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS SYSTEMS, INC., assignee of : CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES : NO: 07-1156 CIVIL TERM INC., Plaintiff V. : IN CIVIL ACTION JUDITH A. BUCHANAN, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Judith Buchanan, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. J i,, Holst; Esquire MclPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 N c? O f ? -n -u?? am? c-n t ? r'n Q to COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS SYSTEMS, INC., assignee of : CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES : NO: 07-1156 CIVIL TERM INC., Plaintiff V. IN CIVIL ACTION JUDITH A. BUCHANAN, Defendant : DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No. 1028, Defendant Buchanan, by her and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed a Complaint - Civil Action demanding damages in the amount of $5,882.76 plus, interest, costs and attorneys fees. 2. Plaintiff has failed to attach to the Complaint a signed written contract between Plaintiff and Defendant. Such writings would form the very core of Plaintiff's case, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P. No. 10190). 3. Plaintiff fails to attach any documentation to show any credits or debits on the alleged credit card account at issue. WHEREFORE, Defendant Buchanan demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint, conforming in form and substance with all applicable Rules of Civil Procedure, within twenty (20) days. II MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 4. The Complaint as a whole is so grossly vague and deficient in reciting factual averments that Defendant is without information upon which she can premise a meaningful response and formulate a defense. 5. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 6. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Buchanan demands that Plaintiff's Complaint be stricken without prejudice to the filing of a more specific Complaint, within twenty (20) days. Date: 17`•;?S cJ? MIDP LEGAL SERVICES B: Je a olst, Esquire 4 1 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 ? w COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS SYSTEMS, INC., assignee of : CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES : NO: 07-1156 CIVIL TERM INC., Plaintiff V. : IN CIVIL ACTION JUDITH A. BUCHANAN, Defendant Affidavit of Service The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James R. Apple, Esquire Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 al Services Defendant JeAVcd Holst, Esquire V 1 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 v ? -ra c A., H r?a crz =-j ic ?' y PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CAPTION OF CASE Please list the within matter for the next Argument Court (entire caption must be stated in full) Commonwealth Financial Systems, Inc., Assignee of Unifund CCR Partners, assignee of Metris Companies, Inc. (Plaintiff) Judith A. Buchanan VS. (Defendant) No. 07-1156 , Civil Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: _Jessica Holst. Esg- 401 E. Louther St.. Carlisle PA 17013 (Name and Address) (b) for defendant: _James R. Auule, Esq., Apple & Apple P.C. Firm No 719 4650 Baum Blvd., Pittsburgh, PA 15213 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Jessica C. D. Holst Print your name Date: ` a ' y} Plaintiff Attorney for L .. '11* COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS SYSTEMS, INC., assignee of : CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES : NO: 07-1156 CIVIL TERM INC., Plaintiff V. : IN CIVIL ACTION JUDITH A. BUCHANAN, Defendant Affidavit of Service The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Praecipe To List For Argument, by mailing same to the office of Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James R. Apple, Esquire Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 Midl lal Services Atto s Defendant J tl ic t, squire 4 .B re, Lout Street C lis PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 7 !? ?% °("? y `„a ?-? 4 ?1 ? ? ? ter" r'R? ? 4 t-` t i t ), '.,.. {?7 ..? '?. ` "??? ?..: `t •.... ?_ ?,. 12 Commonwealth Financial Systems, Inc., Assignee of Unifund CCR Partners, Assignee of Metris Companies, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Judith A. Buchanan NO. 07-1156 CIVIL TERM ORDER OF COURT AND NOW, July 12, 2007, by agreement of counsel, the above-captioned matter is continued from the July 11, 2007 Argument Court list. Counsel is directed to relist the case when ready. Jessica Holst, Esquire For the Plaintiff James R. Apple, Esquire For the Defendant L?_- Court Administrator kam 9-/S-07 liC :01 ?,N 1 fit LOOZ ,fib` iC :I i i 1ti _W1. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CAPTION OF CASE Please list the within matter for the next Argument Court (entire caption must be stated in full) Commonwealth Financial Systems, Inc., Assignee of Unifund CCR Partners, assignee of Metris Companies, Inc. (Plaintiff) Judith A. Buchanan vs. (Defendant) No. 07-1156 , Civil Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint Identify counsel who will argue cases: (a) for plaintiff: Jessica Holst, Esq., 401 E. Louther St., Carlisle, PA 17013 (Name and Address) (b) for defendants: _Charles F. Bennett, Esq., Apple & Apple, P.C. 4650 Baum Blvd., Pittsburgh, PA 15213 (Name and Address) I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 27, 2008 S natur Jessica C. D. Holst Print your name Date: /'ay'08 Defendant Attorney for -. N COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS SYSTEMS, INC., assignee of : CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, assignee of METRIS COMPANIES : NO: 07-1156 CIVIL TERM INC., Plaintiff V. : IN CIVIL ACTION JUDITH A. BUCHANAN, Defendant Affidavit of Service The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Praecipe To List For Argument, by mailing same to the office of Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: Charles F. Bennett, Esquire Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 MidPenn Legal Services Attorneys for Defendant JeWifa?HMt, Esquire 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 l _j y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL NO.: 07-1156 CIVIL TERM SYSTEMS, INC. Plaintiff, VS. JUDITH A. BUCHANAN, Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD OF THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone: 412-682-1466 Fax: 412-628-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS,-INC. Plaintiff, VS. JUDITH A. BUCHANAN, Defendant. NO.: 07-1156 CIVIL TERM PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY SIR/MADAM: Kindly discontinue without prejudice the above-captioned matter upon the records of the Court. SWORN TO AND SUBSCRUIBED BEFORE ME THIS DAY OF ,20 U COA?'NymbWSYLVANIA Notarial Seal Michelle A. 6,-ir rr..i;,a ?i,,'son, Notary Public city O Pir°tsburgh. Aliegheny County __ ,_?nissio7 E res May 14, 2009 Wornber, Pennsylvania Association of Notaries APPLE AND APPLE, P.C. r By: Attorneys for Plaintiff(s) 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-1156 Civil Term COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff, VS. JUDITH A. BUCHANAN, Defendant. CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached or foregoing document upon the person(s) and in the manner indicated below: Service by first class mail, postage prepaid and addressed as follows: Jessica Horst, Esq. MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle PA 17103 Dated: d/dj 16 f C ti ? J r_ rul? ..:...' +! c n ©