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Home My WebLink About01-4156FRANK PISCIONERI t/d/b/a PRESENCE, Plaintiff ROSEMARY GRANT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY PA No. OI-ql(C Civil Term Jury Trial Demanded Civil Action 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 an attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any claim or relief requested by the defendant. 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 HB;41743.14145-01 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEME LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 POWELL, TRACHTMAN, LOGAN, CARRLE, BOWMAN & LOMBARDO, P.C. By C.XGrai-nger B°w~L4h _ ID #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Attorneys for Frank Piscioneri t/d/b/a Presence HB:41743.14145-01 FRANK PISCIONERI t/d/b/a PRESENCE, Plaintiff ROSEMARY GRANT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY PA No. tv/- q/5-G Civil Term Jury Trial Demanded Civil Action COMPLAINT 1. Plaintiff Frank Piscioneri is an adult individual with a place of business located at 3580 Gettysburg Road, Camp Hill, PA 17011 (hereinafter referred to as "plaintiff"). 2. Defendant Rosemary Grant is an adult individual with an address at 342 Walton Street, Borough of Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as "Defendant"). 3. Beginning on or about November 25, 1996, and continuing on a regular basis until November 17, 1997, defendant purchased goods and merchandise (in the nature of ladies' wearing apparel) from plaintiff, with a promise to pay plaintiff for said goods. 4. During the time of defendant's purchases, plaintiff maintained books of account, keeping an accurate and running account of all debits and credits for the sale of goods and merchandise to the defendant. 5. Set forth below is a listing of goods and merchandise sold to defendant by plaintiff on the promise that defendant would pay to plaintiff the sums due and owing: A. Belts, blouses, sweaters, pants, on November 25, 1996, for a total of $840.00. See Exhibit A. Payments on account reduced the balance for this purchase to the new sum due of $105.64 as of July 9, 1997. HB:41740.14145-01 B. Blouse on April 30, 1997 in the amount of $92.00. See Exhibit B. C. Purchase of shoes, blouse, and Nubuk-box in the amount of $642.36. See Exhibit B. D. Jacket, hosiery, lotion, on August 6, 1997, in the amount of $313.08. See Exhibit C. E. Blouse on August 9, 1997, in the amount of $34.00. See Exhibit C. F. Shoes on September 3, 1997, in the amount of $1,030.00. See Exhibit D. G. Pants on September 5, 1997, in the amount of $190.00 See Exhibit D. H. Sweater, pants, hosiery on September 5, 1997, in the amount of $377.00. See Exhibit E. I. Blouse, hosiery, on September 25, 1997, in the amount of $334.00. See Exhibit F. j. pants andblouse onOctober 4, 1997, inthe amount of $148.00. See Exhibit F. K. Shoes, hosiery on October 4, 1997, in the amount of $760.00. See Exhibit G. L. Blouses on October 8, 1997, in the amount of $200.00. See Exhibit H. M. Coat on October 16, 1997, in the amount of $300.00. See Exhibit H. N. Coat and pants on November 14, 1997, in the amount of $286.00. See Exhibit I. O. Sweater, pants, shoes, blouse on November 17, 1997, in the amount of $507.00. See Exhibit I. 6. Beginning in January 1996, plaintiff notified account holders (including defendant) that finance charges in the amount of I ½ % per month would be charged on all account balances that remained unpaid. 7. From 1997 onward, plaintiff has sent statements of account to defendant HB:41740.14145-01 2 requesting payment for goods and merchandise. 8. The statements of account have been disregarded and defendant has failed to pay the unpaid principal, or the unpaid and accrued finance charges. As of April 30, 2001, defendant's account balance totals $10,071.37 which is comprised of $5,319.08(which is unpaid principal, plus unpaid and accrued finance charges at 1 ½ % per month), plus finance charges of $4,752.29 (charged for the month of April 2001). A copy of the statement of April 30, 2001, is attached hereto as Exhibit J. The finance charges set forth in this paragraph accrued in accordance with a policy delivered to defendant, after which delivery defendant continued to maintain an unpaid balance due to plaintiff. The policy is attached hereto as Exhibit K. 9. There are no conditions precedent to the bringing of this action. WHEREFORE, plaintiff demands judgment against defendant for $10,071.37, with costs and interest as it continues to accrue since the April 30, 2001 statement. POWELL, TRACHTMAN, LOGAN, CARRLE, BOWMAN & LOMBARDO, P.C. BYc. Gr~~~ I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: July 5, 2001 HB:41740.14145-01 3 717.-76i-6875 Lavawav S6~9 Reference RgSE~R¥ S62 W~LTO~i ST, LEMOYNE , DF ;7C~3 (?1717T4-0~3 Tiff eL 92. DEPOSIT ~ ~.0~ RETURNS WITHIN 7 ~'¢S~ ~! Mm'chaDdise m,lst be a~panied by thi.. slip~ ane pri~ tag ~ust N~T have 5RE[,Ii ON:.',, P~L ~E ITE~ ~RE f' Camp ~ii ~ '. 3hc, poir~, l:~a ~ SUB-TOT~. 3lB. O0 T{~¥ i. 08 TidAL 3i3.0G DEPOSIT B~_P~E 3i3.08 RETURNS WITHIN 7 ~YS, PL~SE) )!eroha~ise must bp ac~c~.oanled by slip, and prioe ra~ taus~ NOT have Oeer, removed. NO REF'J~4DS--EX~P{4GES & STORE CREDIT O~Y. ~L~. SA~.£ ITE{~S ARE Laya~4ay Sale EeTerenoe ~; 0110850Z 0Bi09/97 SaleSp?srm:~] 2T(~t<~' .......... /___'2.21 ..................... 3~ ~LT~ Si, LE~Y~ ~ PA 17~3 ............................ TOT~ 34. O0 ~E-~I]RNS WITHIN 7 ~YS, PLEO~SE! Weruha~dise must be ~c~ni~ ~ t~ls slip, a~ price ta~ must ~T have ~ c~IT ~LY~ ~_L SALE I~ A~ FI~. PRESENCE 510 La~p Hill Shopping Mal] Ca~p Hill, ;'enns¥1vanii i?O!l 7i7-761-8875 Layaway Sale RefepenDe ~i: 01100189 Salesperson:¥ISTORIA 09i05/97 ROSEI~I~Y GRANT 348. WALTON LEIIDYNE (7171774'-0395 I'1B~,~9400750405~ TDTAL [~POSIT ~ 190,00 ~ #I~IN ? DAYS, Pt. EASE! I~.-~-cha~diee must be_ aocomDanied by this slip, ann pride ta~ aust NDI have beer, r~moved. ND I~..FUNBS--EXGt~qNGES & STORE CREI)IT (INLY. ~ SALE ITEMS ARE FINAL. 7iF-761-~75 Layawax ~e Reierer, ce i~: 01100101 Sal~person:VICTOBIA 09103/97 RDSEMP~Rv G~T LE~YN~ : P~ i704'; ~717~77~-0395 ..................................... SHeS 225. ~ I TE~G~Ck~OZ~31 ! I ~QES 2~. ~ IT~G~O(~E7Oi ! i i ~S 885. O0 I~113 TOTAL 1,030,00 DEPOSIT RETURNS WIiHiN 7 DAYS, PLERSE! ~erL'handise must be accompanied by this ~lip, ano pri~e t~ mus~ NOT hmve been · 'em~¥e~. NO REFU)~DS~-EXCHANGES ~ STORE CREDIT O~!L~, ALL SALE ITEHS ARE FINAL. PRESENCE CAMP HILL SHOPPING MALL 32ND AND TRINDLE ROAD CAMP HILL PENNSYLVANIA 17011 717-761-8875 ~ STATE i RETURNS WITHIN 7 DAYS, PLEASE... MERCHANDISE MUST B;= ACCOMPANIED BY THIS SLIP, AND PRICE TAG MUST NOTHAVE BEEN REMOVED. NO REFUNDS - EXCHANGES AND STORE CREDIT ONLY. ALL SALES ITEMS ARE FINAL. EARRINGS NOT RETURNABLE. Lam~ Hiii. Pennsylvunia 17011 717-76~-88~ TOTAL 453. O0 I)EDOSIT BAU~CE EEllJ~S WITHIN 7 I]%YS~ PLEASE) Merchandise must be accompanied by this slip~ ar~ p~ice tag must NOT have beer, removed. ~ REFUND~--EXC~S & STORE CREDIT ONLY, ~L SOLE ITEMS ARE_ FIk'F~L. PP~S~N~E 518 ~aap Hill S~opping Mall Camp Hill, Pennsylvania I78U 7i7--7~i~7S TOTAL 148.~ I~PO~IT ~'E l~a.e8 ~ MII'HIN 7 I){i¥S, PLEAI~E) ' '~ll~ ~ic~ tag ~usl ~T hav~ bee: · ~ll ~y. ALL ~k~ !~ A~ KI~ PP£SENCE 51~ Camp Hill ~hoppin§ Mall Camp Hill, Pennsylvania 17~II 717-761-88~ Layaway Sale Reference #: all~2 Salespe~son:TERRi g9/~/~7 ROSEIiqR .,' 6RF~IT 3~ kt~.TON ST, LENOYI~E , P~ 17~3 (717) 7'/4'~395 TOTAL 33~. ~ 08~(]SIT B~LP~C~ REllJ~S WITHIN 7 OAYSI PLEASE! Merctlandise must be accompanied by this slip, and p~ice tag must ~T have been renove~, NO REP~'I)S--EXCi',~>~(6~S I STORE C TT Lay~ay ~le ~eferen~ $: ~les~psun:UICTO~I~ 1~/~+/~? 3~ k~l.T(~ ST, HO~IF.~¥ ~. ~ I1~39~ HOSIERY ~.~ I TEM~3°~m~3 I~IERY ~. ~ ITE~39~L:~I ~i DEPOSIT Merchandise must be ~o~nie~ by thi~ 'slip, ~ pi~e ~ must ~ have been removed. ~ ~X~ & ~TO~ C~DIT ~Y. ~L ~LE I~ ~[ FI~. PRESENCE 51~ Ca~? Hill Shopoin9 Mall gaap Hi,c, Pennsylvania 17011 Lay~ay Return, Referen~ ~l: ~11~09 Saiospersor,:~R~ 1~/~/~? RO~-'E~A~Y GRAF 342 k~T~ $% LEMOYNE · pa 17~43 (717)~4-~395 COAT ORIGI)~L Lq, YAWAY ) (]LO BALANCE 1,~.~ TOIAL ~ ~- NEW BAi-A~CE 7~. ~ REiU~NS WI~IN ? ~YS, ~) Me)~ttnandise must be a~ompanied by this ~lip, ano pric~ ~ao aust ~T have b~en ,removed, ~ RE~PE--EX~S ~ STO~ C~DIT ~Y, ~L ~ ITE~ A~ FI~. '? 5~'"':i ~51~ Ca~p gill ~oppin§ ~al! ~- ~C~p NilI~ Pennsylvania 17811 I, ~;_ ~- 717-751'-887~ Reference ~: ~11~ TOT~ ~' ~ {NSoOSlT 7 I~Y~ PLEP&E! ' ~ust be a~o~p~nie~ by this ~i~ tag lUSt ~ have ~a ~X~S ~ ~ ~ IT~FI~. 51~ Caep Hill Shoppin~ llall Camp Hill, Pennsylvania 17~11 717-761-8875 Lavaway Sat~ Reference #: ~11~98 Saltsperson:TERRi 1B/15/97 ROSARY GRANT 342 WI~LTON ST. LE~E , P~ 17~3 (717)774'~5 OE~OS~T i~ETURN9 WI~IN 7 ~¥9, ~! We~,andise nust be aucolpanied by this slip~ and price ta~ nust NO'[ have been reloved, NO IEFL~--EXOHAN6ES & STOR~ CREW, IT O~Y. ALL ~ALE 51~p Hill Hill, Pennsylve~i~ 17ell ?17-76~-B8~ ~leape~en:ElLE~ 11/17/97 ~ ~7.~ #e~c~Indise .ust be ~.-t'o~pinied by this slip, and i~'i~ tag eust NOT have been ~loved. HO ~X~ I ~ Sale Reference ii: ~IIMT~ Sal esoe,'son:TERRl 11/1,~197 L~GYI~ ? P.-S 17~3 (717177~'~3~5 ITEN~S 1~83~1~t5 Jlet, chandi~e aust be accompanied ~ this slip, and ~ice ta~ aust ~T have ~ ~mov~. ~ ~X~ & ~0~ ~IT~Y. ~ I~A~FI~, Rosemary Grant 342 Walton Street Lemoyne, PA 17043 STATEMENT DATE: 04/30/01 9,926.74 144.63 10,071.37 10,071.37 I BILLING CYCLE CLOSING DATE 04/30/01 PAYMENT SHOULD BE RECEIVED BY 05/27/01 where RETAIL INSTALLMENT CREDIT AGREEMENT In this Agreement, the words "You" and "Your" refer to the person who signs this Agreement; "We", "Us", and "Our" refer to Presence. You agree to pay for all purchases charged by you according to the following terms: Accepting the Agreement: You understand that this agreement will become effective upon the date you sign this agreement or on the date a purchase of merchandise was made advancing the line of credit. Your Payment Obligation Under The Agreement: You promise to pay us the selling price of merchandise purchased by you. You authorize us to accept telephone purchases by you and charge them to your account. Minimum Payment: Each month you agree to make at least the minimum payment printed on your statement. You may at any time pay the total unpaid balance, or any part thereof. Presence will provide you a periodic statement showing the status of your account. Late Fee: If your minimum payment is not received by us within 15 days of its due date, we may charge, and you have to pay a late fee of 5% of the overdue payment. Returned Checks: If you pay your account by check and the check is returned unpaid to us, we will charge a "Returned Check" fee to your account, as allowed by law. Cost Of Credit: Finance charge will be in amounts and at rates not in excess of those permitted by law and will be assessed on the outstanding balance(s) from month to month. There is never a finance charge in a monthly period in which there is no beginning balance (''Previous Balance"). Also, you will avoid additional finance charge by paying the "New Balance" on the statement within 27 days after the billing date shown on your statement. Monthly Periodic Rate 1.5% Annual Percentage Rate 18.0% Gmee Period 27 Days Balance Computation Method Average Daily Balance Minimum Finance Charge $0.50 Late Payment Fee 5% Of Overdue Payment Computation Of Finance Charge: We figure the Finance Charge if any, on your account by applying the Periodic Rate to the Average Daily Balance of your account as shown on your billing statement, subject to a minimum Finance Charge of $0.50. Canceling Or Limiting Credit: We have the right to cancel or limit your credit at any time. Our Rights: We have the right to change the terms of this Agreement. If we make any changes we will notify you as required by law. Changes to this Agreement may include, but are not limited to, the rate of finance charge, the amount of the minimum finance charge, the method of figuring the balance on which the finance charge is applied, the amount of late fee, the amount of monthly payment required, the closing of the monthly billing period, and the length of billing period. Any change will apply to your unpaid balance as well as to any new purchases. Default: If you fail to make any payment as agreed, we have the right to demand immediate payment of the full unpaid balance on your account. Amounts due here under may be assigned to a Credit Collection Agency. Customer Name (please print) Signature Date BILLING RIGHTS This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR STATEMENT - If you think your statement is wrong, or if you need more information about a transaction on your statement, write to us on a separate sheet at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: · Your name · The dollar amount of the suspected error · Describe the error and explain, if you can, why you believe there is an error YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE WRITTEN NOTICE - We must acknowledge your letter within 30 days unless we have corrected the error by then. Within 90 days, we must either correct or explain why we believe the statement was correct. After we receive your letter, we cannot try to collect any amount you question or report you delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your statement, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amounts. In either case, we will send you a statement of the amount you owe and the date it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we reported you to. When the matter has been settled, we must notify anyone we report you to of the resolution between us. If we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your statement was VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: iscion~ HB:40559.14145-01 SHERIFF'S RETURN - REGULAR CASE NO: 2001-04156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PISCIONERI FRANK ET AL VS GRANT ROSEMARY KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GP_ANT ROSEMARY the DEFENDANT , at 1604:00 HOURS, on the 9th day of July , 2001 at 342 WALTON ST LEMOYNE, PA 17043 ROSEMARY GRANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Affidavit .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this ~3~ day of ~'~, J~ ~o~t A.D. Cz~othonotary , So Answers: R. Thomas Kline 07/10/2001 POWELL TRACHTMAN LOGAN CARRLE By: DeDut~he r i f f FRANK PISCIONERI, individually, and t/d/b/a PRESENCE Plaintiff V. ROSEMARY GRANT, individually, Defendant : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA No. 01-4156 CIVIL ACTION ANSWER Defendant, ROSEMARY GRANT, an adult individual with a residence address of 342 Walton Street, Borough of Lemoyne, Cumberland County, Pennsylvania (hereinaf- ter referred to as the "Defendant"), through her attorneys, MILLER & ASSOCIATES, PC, answers the Complaint of Plaintiff, FRANK PISClONERI, (hereinafter referred to as the "Plaintiff'), as follows: 1. Admitted. 2. Admitted. 3. Defendant avers that her first layaway purchase was on or about 2 September 1987 and the amount was paid in full on or about 28 September 1987. 4. Denied. Defendant avers that Plaintiff did not begin sending statements of account until on or about 20 April 1997. Defendant further alleges Plaintiff did not keep an accurate account of all debits and credits. Defendant received a number of handwritten tabulations when she questioned the balance of the account. A. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. A. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. B. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. B. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. C. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. C. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. D. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. D. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. E. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. E. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. -2- F. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. F. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. G. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. G. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. H. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. H. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. I. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. I. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. J. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. J. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. -3- K. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. K. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. L. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. L. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. M. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. M. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. N. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. N. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. O. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Para- graph 5. O. of the Complaint and the same, therefore is denied. Strict proof is demanded at trial. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Paragraph 6. of the Com- plaint and the same, therefore is denied. Strict proof is demanded at trial. 7. Denied. Defendant admits statements of account were sent, but avers that said statements were incorrect. 8. Denied. Defendant avers that many statements of account of charges, payments and interest were inaccurate. Defendant specifically denies ever agreeing to Plaintiff's finance charge policy. 9. Defendant is without knowledge or information sufficient to form a belief as to the truth or accuracy of the allegation as set forth in Paragraph 9. of the Com- plaint and the same, therefore is denied. Strict proof is demanded at trial. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint against her, and enter judgement in her favor, including reasonable attor- neys' fees and costs of suit, and any further relief this Court deems fair and just. Dated: · Miller, Jr., Esquire Anthony E. Marrone, Esquire MILLER & ASSOCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 and 48182 -5- VERIFICATION I, ROSEMARY E. GRANT, do hereby verify that the statements made in the Foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: R~(~S EI~A RYe. GRANT FRANK PISCIONERI, individually, and : IN THE COURT OF COMMON PLEAS OF t/d/b/a PRESENCE : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff V. ROSEMARY GRANT, individually, Defendant No. 01-4156 CIVIL ACTION CERTIFICATE OF SERVICE I, Anthony E. Marrone, Esquire, attorney for Defendant, ROSEMARY GRANT, hereby certify that I have caused a true and correct copy of the Defendant's Answer to be served by first class mail, postage prepaid, on the date set fodh below, upon the following entity/individual, attorney for Plaintiff: C. Grainger Bowman, Esquire Powell, Trachtman, Logan, Carle Bowman & Lombardo 114 North Second Street Harrisburg, PA '17101 ~y~!~~uire Dated: 26 July 2001 FRANK PISCIONERI, individually, and t/d/b/a PRESENCE Plaintiff ROSEMARY GRANT, individually, Defendant · IN THE COURT OF COMMON PLEAS OF ' DAUPHIN COUNTY, PENNSYLVANIA No. 01-4156 CIVIL ACTION PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned attorneys on behalf of Defendant, Rosemary Grant, in the above-captioned matter. Dated: July 26, 2001 MILLER & ASSOCIATES, PC William E. Miller, Jr., E~re I.D. # 07220 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 Anthony E. Marrone, Esquire I.D. #48182 1822 Market Street Camp Hill, PA 17011-4824 (717) 737-9210 FRANK PISCIONERI t/d/b/a PRESENCE, Plaintiff ROSEMARY GRANT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY PA No. 01-4156 Civil Term Jury Trial Demanded Civil Action ORDER AND NOW, this O(/p, Lday of~2001, in consideration of the foregoing petition, and ,/~/~f~O-~ .~-~/f~, Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Court, HB:42695v1 4145-01 FRANK PISCIONERI t/dgo/a PRESENCE, Plaintiff ROSEMARY GRANT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY PA No. 01-4156 Civil Term Jury Trial Demanded Civil Action PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: C. Grainger Bowman, attorney for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiffin the action is $10,071.37, plus costs and interest. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William E. Miller, Esq., Anthony E. Marrone, Esq., Miller & Associates, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. POWELL, TRACHTMAN, LOGAN, CARRLE, BOWMAN & LOMBARDO, P.C. By G~ainger B o~n C. I.D. #15706 114 North Second Street Harrisburg, PA 17101 (717) 238-9300 Date: October 11, 2001 HB:42694v1 4145-01 CERTIFICATE OF SERVICE AND NOW, on October 11, 2001, I hereby certify that I have served a true and correct copy of the within Petition for Appointment of Arbitrators upon the following person(s) via first class U.S. Mail, postage prepaid: William E. Miller, Esq. Anthony E. Marrone, Esq. Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 HB:40237.10000-30 FRANK PISCIONERI, t/d/b/a PRESENCE Plaintiff ROSEMARY GRANT, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-4156, Civil Term CIVIL ACTION PRACEIPE TO MARK CASE SETTLED AND DISCONTINUED TO THE PROTHONOTARY: Sir: On behalf of Plaintiff Frank Pi scioneri, and relying upon consideration set forth in a Settlement Agreement and Release between the parties calling for, inter alia, release and discharge of Judgment entered in this matter, please mark the Plaintiff s Complaint in the above-captioned matter settled, withdrawn and discontinued with prejudice, and the Judgment entered in favor of Plaintiff and against Defendant discharged and fully , q I.D.//15706 Payne Shoemaker Building 240 North Third Street Harrisburg, PA 17101-1507 Attorney for Frank Piscioneri, Defendant HA-146470 vi CERTIFICATE OF SERVICE AND NOW, on June 8, 2004, I hereby certify that I served a true and correct copy of the within Praecipe to Mark Case Settled and Discontinued upon the following person(s) via first class U.S. Mail, postage prepaid: William E. Miller, Jr., Esquire Miller & Associates, P.C. 1822 Market Street Camp Hill, PA 17011 By: !fG .~rainger,,B,owm~ HA-146482 vl