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HomeMy WebLinkAbout08-2647COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM N--2 y. ill/ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D f. ;Z G y7 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 referenced below. NAME OFC/ APPELLANT MP'G,. DIST. NO. 'J F D / 7? ZIP CODE CITY + 141E ADDRESS OF APPELLANT DATE OF DGMENT IN THE CASE OF (Plaint (Defendant)' S 7 o? 0 L1/t/'1? e '//V DOCKET KET No. SIGNATI E OF APP OR ATTORNEY OR AGE C I? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the 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.D.J. 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 Z' Name of (Common Pleas No. Q g. „? (P y( 7 L 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. 7 ?/ / Signature of ap ant or attomey or agent RULE: To I'VW'Zu-y J G G v appellee(s) Name of 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dater 20 Si of P 7 notary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 ; ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 24 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20_____ w b r b ?r ??l C3 c 1 ^ CJ Sit 6 r" ?? t? : c COMMONWEALTH OF PENNSYLVANIA COUNTY OF. MAg. D;si. No,: 09-3-01 MI) i Name! Man. S AIitOLD 2. 3X=111 >t Aw'085: 3 5 N OHO! ST SHIPPZ1111111113MIXII PA Ufthonc: (717) 533-7676 17257-0361 ALAN REILLY 123 COTTAO! ROAD 9HIPPMORM11a, PA 17257 NOTICE OF IV? CASE /TRANSCRIPT PLAINTIFF: NAME and A00AEBS ?Lvw F LLC 4660 TRXMD HD AFT/6TZ 300 C/O NOLPO i ADIittAKNON LCAW SILL, A 27021 J VS. DEFENDANT: NAME ana ADDRESS r>?ILLT, 1 123 CO?? ROAD BKIP=2 , PA 17257 L J Docket No,: CV 000059-09 Date Filed: 11/00 THIS IS TO NOTIFY YOU THAT: judgment., DZFAVLT all 1=1111 It PLTV Date of © Judgment was entered for; © Judgment was entered against: in the amount of $ 4, Amount F] Defendants are jointly and severally liable. JudBme I Damages will be assessed on Date & Time Interest Attomel This case dismissed without prejudice. Total Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 post Jug $ Post Jul Portion of judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMEI OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL C MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/rRANSCRIPT FORM WITH YOUR NO EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERI JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED UNLESS THE JUDGMENT 19 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTER A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTWT JUDGE IF THI SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. >f Judgment $ 4,341.02 t Costs $ 130.04 m Judgment $ .00 Fees $ :00 $ 4,471.03 Credits $ Costs $ Judgment Total $ r BY FILING A NOTICE ASTON. YOU ICE OF APPEAL. L DISTRICT JUDGES, IF THE ALL FURTHER PROCESS MUST IY THE MAGISTERIAL DISTRICT JUDGE . $TED IN THE JUDGMENT MAY FILE JUDGMENT DEBTOR PAYS IN FULL, 'd U Date gisterial District Judge I certify that this is a true and correct copy of the record of the proceedings cont ining the judgment. Date gisterial District Judge My commission expires first Monday of January, 2013 (Name) LVN? rMWI=, LLC . 4/02/09 =sILLT, ALAN SEAL LVNV FUNDING, LLC Plaintiff VS. ALAN REILLY To the Prothonotary: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No. 08- 24, V? CIVIL PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow ALAN REILLY to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 1110 t Q"' Will Er, a- For delivery information visit our website at www.usps.como c0 C3 Postage $ w 'T( '` Certified Fee 2. G r,?\ -' 0 Return Receipt Fee 2 3 / ?r meark t3 (Endorsement Required) to 4 O Restricted Delivery Fee ?? cr(U O (Endorsement Required) Total Postage & Fees 0 C Q 'F1 Sent To m C3 Street - --- -- -- N--- -•v M C3 or POABoxpt.No. o.; 3j-kv. Or r S? f71 C •?- -?- ? ? ... ----------------- c,--------------------------------------- ? [ N "5 Ciry, State, ZIP+4 i1 _L- f ? 6? :?t C7 PROOF OIF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIISFC W -.-;4 (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check ?plic? bo?s.) tv COMMONWEALTH OF PENNSY VANIA COUNTY OF ss AFFIDAVIT ,:/ I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas Off' °z? ?OR upon the District Justice designated therein on (date of service) 20 a? ? by personal service ?' y (certified) (&ije? mail, sender's receipt attached hereto, and upon the appellee, (name) L ?iU' ? on 2b (,7g ? by personal service by (certified) (my"d mail, sender's receipt attached hereto. (SWORN FFIRMED) AND U SC IBED BEFOR ME ^ T IS o1..? ?AY OF .204P6 IV 14C---1 ", ignature of afant ugr u of official before whom affidavit was made > f\I T% of a ^T- 1 NOTARIAI. SEAL My corrxnission expires on ° .20 ? CUM A. BREW BAKER, NOTARY PUBUC Carlisle SOW Cumberland County Postal Commiseigrt res ril 4, 2009 CERTIFIED MAIL,l RECEIPT nj 1 (Domestic Mail Only; No insurance Coverage Provided) C3 O u-I 'e ?- 17ftstagm $ , q1 certified Fee 2 ?c? ru C3 Return Receipt Fee G? Pos ?. C (Endorsement Required) 2. Here [n O Restricted Delivery Fee Q i O (Endorsement Required) f ` .r r%- Total Postage & Fees ru ;7 Z -??bl3 a AP, sent To L Gl e. . Street, Apt. No.; -0 V1VV A611 V,--1 O or P O Box No. ' ? wi Y ---- -- C/ry, State, zCP+4 cR ?i / 7o/f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS 15 SOUTH MAIN STREET GREENVILLE SC 29601 Plaintiff vs ALAN REILLY 123 COTTAGE RD SHIPPENSBURG PA 17257 Defendant(s) Filed on behalf of: : No. 08-2647 Civil Term CIVIL ACTION - LAW Plaintiff, LVNV FUNDING, LLC Counsel of record for this parry: Date: ?d6 1u Amy F. Doyle Philip C. Warholic #86341 / avid R. G llowa onilyn M. Chippie #87852/ a . Ehasz 086469 / Robert N. Polas, Jr. #201259 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 Cover - GENERAL W&A File No. 180006543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION : No. 08-2647 Civil Term ASSIGNEE OF SEARS Plaintiff CIVIL ACTION - LAW vs ALAN REILLY Defendant(s) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defend W&A File No. 180006543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION : No. 08-2647 Civil Term ASSIGNEE OF SEARS Plaintiff CIVIL ACTION - LAW vs ALAN REILLY Defendant(s) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defend W&A File No. 180006543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff vs ALAN REILLY Defendant(s) COMPLAINT No. 08-2647 Civil Term CIVIL ACTION - LAW AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Wolpoff & Abramson, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS , located at 15 South Main Street Greenville, SC 29601. 2. Defendant, ALAN REILLY, is an adult individual with a last known address of 123 Cottage Rd Shippensburg, Cumberland County, PA 17257. 3. It is averred that Defendant was issued an open end credit account (hereinafter "Account"). CCP Cmplt - WOR & AF 4 W&A File No. 180006543 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". 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 $3,390.60. Interest has accrued from the charge off date at a rate of 6 %. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $950.42. 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 exceeds the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR & AF W&A File No. 180006543 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $3,390.60, plus interest in the amount of $950.42, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: 5w Amy F. Doyle #870 li C. Warholic #86341 / avi a o a #8 326 / IjAilyn M. Chippie #87852 / Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 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. 180006543 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: v CCP Cmplt - WOR & AF W&A File No. 180006543 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. F. Do 1 ilip C. Warholic #86341 / t R Gallo 1 Tonilyn A Chippie #87852 / Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff 7 Exhibit "A" ACCT# 2759 BAL 3390.60 LPYMT DT 01/24/2005 *ABL-ACCT-ID*ABL-ACCT-NO *ABL-EFF-DATE*ABL-CUR-BALANCE 11/19/2007 3390.60 *ABL-PRIN-COLLECTED*ABL-PRIN-OWING*ABL-PRIN-BAL*ABL-ATTYFEE-COLLECTED 0.00 3390.60 3390.60 0.00 *ABL-ATTYFEE-OWING*ABL-FEE-BAL*ABL-INT-COLLECTED*ABL-INT-OWING*ABL-INT-BAL 0.00 0.00 0.00 0.00 0.00 *ABL-COST-COLLECTED*ABL-COST-OWING*ABL-COST-BAL*ABL-CUR-INT-RATE*ABL-INT-ACCRUAL 0.00 0.00 0.00 0.059 0.56 *ABL-SUSPEND-INT*ABL-LAST-PYMT-DT*ABL-LAST-PYMT-AMT*ABL-LAST-NSF-DT 0.00 01/24/2005 48.00 *ABL-LAST-NSF-AMT*ABL-ACCRUAL-METHOD*PLA-ACCT-ID*PLA-ACCT-NO *ADL-ACCT-NO * ADL -MERCHANT *ADL-CBR Y *ADL-CHGOFF-BAL*ADL-CHGOFF-DT*ADL-ORG-NAME 3390.60 08/02/2005 LVNV FUNDING LLC *ADL-LAST-PURCH-AMT*ADL-MISC1 0.00 SEARS MASTERCARD CLASSIC *ADL-MISC2 AYB1 *ADL-MISC3 *ADL-ORG-DT*ADL-PORTFOLIO-ID MCSG 09/13/2002 6504 *ADL-SELLER-NAME *ADL-TELECOMM-PHONE*ALT-ACCT-ID SEARS *BWR-TYPE*BWR-SSN *BWR-FIR-NAME 01 XXXXX2308 ALAN *BWR-LAST-NAME REILLY *BWR-ADDR 8140 COUNTRY RD APT 104 *BWR-ADDR2 *BWR-CITY *BWR-ST*BWR-ZIP FORT MYERS FL 33919 *BWR-DOB *BWR-HMPHONE*BWR-WKPHONE*BWR-OTPHONE*BWR-LANG-CODE 2394812615 0 *BWR-BANK-NAME *BWR-EMPLOYED*BWR-HOME-OWNER N *PLA-COMM-RATE*PLA-BATCH-ID*PLA-TRUST-ACCTID*PLA-DEADLINE*PLA-SIF*BKY-ACCT-ID 0.270 106655 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION : No. 08-2647 Civil Term ASSIGNEE OF SEARS Plaintiff VS CIVIL ACTION - LAW ALAN REILLY Defendant(s) CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the Complaint was served upon the individual(s) listed below by Regular Mail, Postage Pre-Paid and Certified Mail on this day of May, 2008. GEOFFREY BIRINGER, ESQ 401 E LOUTHER ST CARLISE. PA 17013 Amy F. Doyle #87062 Philip C. Warholic #863 David R_ Tnllowsj Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 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. 180006543 G MMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM `;i- .;i y_ Sri DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 9 •? t>'V T (_ 7u,,, 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 referenced below. -C Ur ArrcLi N i MAU. DIST. NO. NAME OF D.J. , r ADDRESS OF APPELLANT .. CITY - STATE ZIP CODE DATE OF JUDGMENT ' IN THE CASE OF (PlaintiR) (Defender#)• j i f 4 j,,, vs ? DOCKET No. SIGNATURE OF APP T OR ATTOR NEY OR AGEN t r This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the 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.D.J. 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 11 1 1, .1 ' l' ? appellee(s), to file a complaint in this appeal x Name of ppellae(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To 4" J yi z ?, t?o appellee(s) Name of 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ` Date: ("r??l<< 41 '/ 20(1 Sid ute of Pro notary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE Cl) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS, Plaintiff No: 08-2647 Civil Term VS. ALAN REILLY, Defendant CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant Alan Reilly, by and through his 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 demanding damages in the amount of $3,390.60 plus interest, fees and costs. 2. Plaintiff alleges it is owed certain funds pursuant to two assignments, from the "original creditor," Sears, and, then, by a second assignment from Sherman Acquisition, to itself, all of which would form the very core of Plaintiff's standing to pursue this claim, but such ' writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P.No.1019(h) and (i). 3. Plaintiff has failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form,. the very core of Plaintiff's case, such writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No.1019(h) and (i). 4. Although Plaintiff avers that Defendant used the account for the purchase of products, goods, and services, no description of products, goods or services forming the basis for the Complaint were attached to the Complaint. 5. In addition, while Plaintiff claims in Paragraph 7 that Defendant has a balance due on the account, Plaintiff fails to attach any documentation of charges or payments which would` evidence such a balance. WHEREFORE, Defendant Reilly demands the Plaintiff s Complaint be stricken without prejudice to the filing of a more specific Complaint, within twenty (20) days. II. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 6. Paragraph's 1-5 are incorporated herein by reference hereto. 7. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 8. 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. 9. 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 Reilly demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. Date: ;" 7 Zad<!:5 MIDPENN LEGAL SERVICES By:? Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, he served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff's attorney of record by first class mail addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David R. Galloway, Esquire Wolpoff & Abramson, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Date: BY' A Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 Q cs0 ° Ul ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC ASSIGNEE OF SHEMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff VS. ALAN REILLY Defendant NO. :08-2647 Civil Term CIVIL ACTION - LAW JOINT PRAECIPE TO DISCONTINUE AND END WITH PREJUDICE To the Prothonotary: Please mark the above-entitled case, including the Counterclaim, as discontinued and ended with prejudice. Respectfully Submitted, MANN BRACKEN, LLC By t David R. Gal oway Attorney I.D. 87326 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 Attorney for Plaintiff Mann Bracken LLC is successor by merger to Wolpoff & Abramson, LLP and Eskanos & Adler PC Respectfully submitted, MIDPENN LEGAL SERVICES, INC. i , Bye- r - - Geoffrey Biringer Attorney I.D. 401 E Louther Street Carlisle PA 17013 Attorney for Defendant 180006543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff NO. 08-2647 CIVIL TERM VS. ALAN REILLY CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the Joint Praecipe to Settle Discontinue ?a'nd End, was served upon counsel listed below by Regular Mail, Postage Pre- Paid on this I V' day of July, 2008. GEOFFREY WRINGER, ESQUIRE MIDPENN LEGAL SERVICES, INC 401 LOUTHER STREET CARLISLE PA 17013 David R. Galloway 87326 MANN BRACKEN, L.L.C successor by merger to Wolpoff & Abramson, LLP and Eskanos & Adler, P.C. Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Ste. 300 Camp Hill, PA 17011 (717) 303-6700 109939948 ? r? ? i ,' L"f ?? ? ? .? t't .. .v t ?? ?""?-' .. , ! i? ? C..,,? ? ::.G. ` ?.?? ,