HomeMy WebLinkAbout08-6559
ROBERT D. KODAK ESQUIRE
KODAK & IMBLUM, P.C.
PO BOX 11848
HARRISBURG PA 17108-1848
ATTORNEY FOR PLAINTIFF
TBF FINANCIAL LLC IN THE COURT OF COMMON PLEAS
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v NO. D8 -(0559 Civi?N
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF CIVIL ACTION - LAW
CORRECTIONS d/b/a Quehanna Boot
Camp
Defendant(s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
AVI O
LISTED 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 comparencencia 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
suma 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 DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIE NE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
TBF FINANCIAL LLC IN THE COURT OF COMMON PLEAS
Plaintiff Cumberland COUNTY, PENNSYLVANIA
v
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS d/b/a Quehanna Boot
Camp
Defendant(s)
NO. OF- 4ST? C(, T"c, ,
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, TBF FINANCIAL, LLC, by its attorneys, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendants to recover the sum of FIVE
THOUSAND FOUR HUNDRED EIGHTY-SEVEN DOLLARS AND SEVENTY-THREE
CENTS ($5,487.73), plus interest at the statutory rate from June 25, 2008, upon a cause
of action of which the following is a statement:
1. The Plaintiff, TBF FINANCIAL LLC, assignee of General Electric Capital
Corporation, is a corporation organized and existing under the laws of the State of
Illinois, having its principal office and place of business at 520 Lake Cook Road,
Suite 510, Deerfield, IL 60015.
2. The Defendant, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF
CORRECTIONS d/b/a Quehanna Boot Camp, is a state agency organized,
operating and existing under the laws of the Commonwealth of Pennsylvania,
having its principal office and place of business at 2520 Lisburn Road, Camp Hill,
Cumberland County, Pennsylvania 17011.
TBF GE 34621.wpd 2
3. On or about July 3, 2003, Defendant entered into a written Lease Agreement with
Canon Financial Services, Inc. ("CFS") for the lease of copiers and copier
equipment as set forth in said Lease Agreement, a true and correct copy of which
is attached hereto, marked Exhibit "A" and made a part hereof.
4. The leased equipment was delivered to the Defendant and installed at Defendant's
place of business.
5. On or about August 3, 2006, said Lease Agreement was assigned from Canon
Financial Services, Inc. to General Electric Capital Corporation as shown on the
Notification of Assignment document attached hereto, marked Exhibit "B" and
made a part hereof.
6. On or about December 21, 2007, said account was sold to Plaintiff, TBF Financial,
LLC, as set forth on the Bill of Sale?and Affidavit of TBF Financial, LLC attached
hereto, collectively marked Exhibit "C" and made a part hereof.
7. The Defendant defaulted on the obligation to make payments and refused to honor
the July 3, 2003 Lease Agreement.
8. The balance due and owing by Defendant to Plaintiff is the sum of Four Thousand
Five Hundred Seventy-Three Dollars and Eleven Cents ($4,573.11), as appears by
Plaintiffs Statement of Account hereto attached, marked as Exhibit "D" and made
a part hereof.
TBF GE 34621.wpd 3
9. Due to the default of Defendant, and pursuant to the terms and conditions of the
Lease Agreement executed by Defendant hereto attached, marked Exhibit "A" and
made a part hereof, attorney's fees in the amount of Nine Hundred Fourteen Dollars
and Sixty-Two Cents ($914.62) have been added to said account.
10. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount of any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE
THOUSAND FOUR HUNDRED EIGHTY-SEVEN DOLLARS AND SEVENTY-THREE
CENTS ($5,487.73), along with interest as set forth herein.
Respectfully submitted,
KODAK & MBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney ID No. 18041
Attorney for Plaintiff
07/07/2003 YON 11:11 FAX 444 HU7= BANFR
07/03/00 TMI 14:49 FAX $14 049 9105 XcCAXrNM INC
Camn
Conn FLwasmW MwWn%Im
wnlr.lo. Addle PA Oft 40
s • wa w
ill
IM004/012
WOOS/010
A wl??_?r???rirM war
??R?d-r?i?:Tr*???IG"irwl?? r?
3:11 ITI/RX NO 54991 0004
EXHIBITA
Canon
Canon Financial Services, Inc.
August 3, 2006
CORRECTIONS PENNSYLVANIA DEPT OF
PP&R COMPTROLLER OFFICE
PO BOX 8005
HARRISBURG, PA 17105
Re: Lease# 003-0227301-001
aft., '1°1°1603 -601
NOTIFICATION OF ASSIGNMENT
Canon Financial Services, Inc. has assigned its right under the lease contract identified
above to General Electrical Capital Corporation.
Effective immediately, you will be invoiced directly by General Electrical Capital
Corporation and you should follow the payment instructions contained in those invoices.
If the lease included service, it no longer will do so.
# Remaining Payment
Payments Amount
Current Payment: 3.48 $ 310.48
Should you have any questions about your lease, now or in the future, please contact a
General Electrical Capital Corporation office nearest you by calling 1-800-323-6217 toll
free. Their mailing address is:
General Electrical Capital Corporation
3000 Lakeside Drive, Ste. 20ON
Bannockburn, IL 60015
Very truly yours,
Stephanie Williams
Collection Manager
CFS-W 18(09/00)
158 Gaither Drive Suite 200 P.O. Box 5008 Mt. Laurel, New Jersey 080%
(856) 818-1000 • (800) 220.0200 • www.efs.camn.com
EXHIBIT "B"
GE EFS Fax:8476150407 Dec 20 2007 17:12
P. 02 ?q E # ?5
BILL OF SALE ;
For value received and is further consideration of the mutual covenants and eondiiions set forth
in the Asset Purchase Agreement (the "Agreement'), dated as of December 21, 2007, General Electric
Capital Corporation ("GECC") hereby transfers, sells, conveys,; grants, and delivers to T13F Financial,
LLC ("Buyer'), its successors and assigns, all GECC's right, title and interest in and to die Accounts,
together with the related Receivables and Equipment, appearing co the Notification File, together with the
applicable Account Documents, all without recourse and without *,a Tanty of any kind (including, without
limitation, warranties pertaining to title, validity, eolieetabidi% accuracy or sufficiency o information)
except as specifically set forth in the Agreement. All eapitaliz?d terms used herein and ?ot otherwise
defined heiain shall have the meanings set forth in the Agreement;
General Electric Capital Co rati
By: r I
Title:
?' ?? crib ra. -
044 O&k2
Date:
Notification file (partially redacted)
TBF File GE Caaital File Lessee
50718 4199003001 Pennsylvania Department of Corrections dba Quehanna Boot Camp
STATE OF ILLINOIS)
) SS.
COUNTY OF LAKE )
AFFIDAVIT
Now comes Brett Boehm after having been first duly sworn who upon oath states
as follows:
Presently and at all times stated hereinafter, I have been and am a principal
and manager of TBF Financial, LLC. ("TBF").
2. Presently and at all times stated hereinafter, TBF was and is in the
business of buying equipment leases from equipment leasing companies.
3. In December 2007, TBF entered into a process with General Electric
Capital Corporation ("GE") to acquire some of GE's equipment leases.
The process concluded on December 21, 2007, when TBF acquired some
of GE's leases.
4. I was the principal representative of TBF in that process.
5. As part of the process, I reviewed or supervised the reviewing of GE's
books, records, and documents concerning the leases which TBF acquired
from GE and specifically the lease (the "Lease") identified as lease no.
4199003001 of which Cannon Financial Services, Inc. was the lessor and
Pennsylvania Department of Corrections dba Quehanna Boot Camp was
the lessee.
6. GE's books, records, and documents reflected that immediately after the
Lease was signed, July 7, 2003, the lessor, assigned and transferred to GE
all its right, title, and interest in and to the Lease and all documents
attendant to the Lease, including, but not limited to, the guarantee of the
Lease (the "Lease Documents").
7. As part of the acquisition of the Lease and the Lease Documents, GE
represented and warranted to TBF that GE had good and marketable title
to the Lease and the Lease Documents whereupon GE assigned to TBF all
GE's right, title, and interest in and to the Lease and the Lease Documents.
8. TBF is now the true, lawful, and absolute owner of the Lease and the
Lease Documents.
Further Affiant sayeth naught.
(signature on following page)
Dated: June 24, 2008
BRE T BO HM
My commission expires:
I
?-,'CUUAMJ a a
E.ER ?aEs
AUARY23,2011
RE
t/GE/affidavit assignment
Subscribed and sworn to before me this
day of jw?? '2008
Accounting Statement
TBF File Number 50718
Date June 24, 2008
Re: TBF Financial, LLC v. Pennsylvania Department of Corrections dba
Quehanna Boot Camp
Total Payments Due 36 $310.48 $11,177.28
Payments Made ($7,832.80)
Late Charges $ 334.45
Interest $ 0.00
Attorney Fees $ 0.00
Equipment Residual
Value $ 894.18
Sales Tax $ 0.00
Personal Property $ 0.00
Insurance $ 0.00
Sales Proceeds ($ 0.00)
Balance Due $4,573.11
EXHIBIT
VERIFICATION
(name) (title)
of TBF FINANCIAL, LLC, verify that the statements made in the aforegoing document are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities.
TBF FINANCIAL, LLC
By:
Title:
Dated: Io (T ;o ( 4,
T
34621
Dept Corr/Quehanna
s
O r r f° tr'
G
a C,.?
f*J r n
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC,
Plaintiff,
V.
No. 08-6559
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS QUEHANNA BOOT
CAMP
Defendants.
CIVIL
DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT
Defendant, by and through its counsel, Theron R. Perez, Assistant Counsel,
in accordance with Pa.R.C.P. No
1028(a), raises the following preliminary
objections to the Plaintiff's Complaint:
Procedural Background
1. On December 2, 2008 a Complaint was received by the Department of
Corrections Quehanna Boot Camp from Plaintiff TBF Financial LLC.
V
2. The Plaintiff purports to be a corporation organized under the laws of
the State of Illinois.
3. The Defendant, the Department of Corrections, is an administrative
agency of the Commonwealth of Pennsylvania. 71 P.S. § 61
4. The Quehanna Boot Camp is a facility operated by the Department of
Corrections pursuant to the Motivational Boot Camp Act. 61 P.S. §§ 1121 et seq.
Plaintiffs Allegations
5. Plaintiff alleges that the Defendant entered into a written agreement
with Canon Financial Services, Inc. (Canon), for the lease of copiers and copier
equipment for a term of three years beginning on July 3, 2003. Complaint, p. 3, ¶
3; Exhibit A.
6. Plaintiff alleges that Canon assigned the agreement to General
Electric Capital Corporation (GE), which in turn, sold the account to Plaintiff.
Complaint p. 3, ¶ 5-6.
7. Plaintiff alleges that the Defendant defaulted on an obligation to make
payments or otherwise refused to honor the underlying lease agreement and claims
entitlement to monetary damages, including attorneys' fees. Complaint p. 3, ¶ 7.
2
First Preliminary Objection: Pa. R.C.P. No. 1028(a)(1)
Lack of Subiect Matter Jurisdiction
8. A Court of Common Pleas has no subject matter jurisdiction over
contract claims asserted against a Commonwealth agency. 62 Pa C.S. § 1724; 42
Pa. C. S. § 931(a).
9. The Board of Claims has exclusive jurisdiction to hear and arbitrate
all claims arising from contracts entered into by a Commonwealth agency. 62 Pa.
C.S. § 1724; Tri-State Asphalt Corp. v. Commonwealth DOT, 582 A.2d 55 (Pa.
Cmwlth. 1990), appeal denied by 539 A.2d 429 (Pa. 1991).
10. Therefore, the Complaint is not properly before the Court and should
be transferred to the Board of Claims for adjudication. 42 Pa. C.S. § 5103.
Second Preliminary Objection: Pa. R.CY. No. 1028(a)(7)
Failure to Exercise or Exhaust a Statutory Remedy
11. Claims against the Commonwealth are generally barred by sovereign
immunity unless the claim falls within a specific exception. 62 Pa. C.S. § 6702.
12. The General Assembly expressly waived sovereign immunity as a bar
to contract claims only in cases where specific statutory steps are exercised. 62 Pa.
C.S. § 1724; 62 Pa. C.S. § 1712.1.
13. Contractors must file a written claim with the contracting officer for
any controversies arising from a contract entered into by the Commonwealth
3
within six months from the date that the contract accrues. 62 Pa. C.S. § 1712.1 (a)
and (b).
14. Fifteen days after the claim is denied or deemed denied by the agency,
the contractor may file a statement of claim with the Board of Claims. 62 Pa. C.S.
§ 1712.1 (e).
15. Plaintiff failed to exercise the exclusive statutory recourse for contract
controversies and the claim should be dismissed accordingly.
WHEREFORE, for all of the foregoing reasons, it is respectfully requested
that the Court sustain the Defendant's Preliminary Objections and transfer the
Complaint to the Board of Claims.
Respectfully submitted,
Office of General Counsel
By:
Jeron R. Perez
Assistant Couns
Attorney I.D. No. 200935
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: December 18, 2008
4
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC,
Plaintiff,
V.
: No. 08-6559 CIVIL
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS QUEHANNA BOOT
CAMP
Defendants.
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and correct
copy of the foregoing Defendant's Preliminary Objections to Complaint upon the
person(s) in the above-captioned matter.
Service by first-class mail
Addressed as follows:
Dated: December 18, 2008
Robert D. Kodak, Esquire
407 North Front Street
PO Box 11848
Harrisburg, PA 17108-1848
Ren 'e J. R b r s
Legal Assistant
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
-, ?_?
?``
?'
_:?'
?
??
yak".
?. •r
a'
<-
SHERIFF'S RETURN - OUT OF COUNTY
x
CASE NO: 2008-06559 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TBF FINANCIAL LLC
VS
PENNSYLVANIA COMMONWEALTH OF
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
PA DEPT OF CORRECTIONS D/B/A QUEHANNA BOOT CAMP
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of CLEARFIELD
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On December 24th , 2008 , this office was in receipt of t
attached return from CLEARFIELD
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Mileage 15.00
Postage 2.44
12/24/2008
KODAK & IMBLUM
Sworn and subscribe to before me
this day of
So answe???-?' ?R.`Thomas Kline
Sheriff of Cumberland County
A. D.
In The Court of Common Pleas of-Cumberland County, Pennsylvania
TBF Financial LLC
vs.
Commonwealth of Pennsylvania Department 08-6559 civil
of Corrections d/b/a Quehanna Boot Camp No.
Now, November 14, 2008
hereby deputize the Sheriff of
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Clearfield County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
20 , at o'clock M. served the
copy of the original
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE -
MILEAGE _
AFFIDAVIT
County, PA
I
IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA
NO: 08-6559 CIVIL TERM
TBF FINANCIAL LLC
vs SERVICE # 1 OF 1
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS d/b/a QUEHANNA BOOT CAMP
COMPLAINT
SERVE BY: 12/05/2008 HEARING: PAGE: 104943
DEFENDANT: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS d/b/a QUEHANNA
BOOT CAMP
ADDRESS: 4695 QUEHANNA HWY.
KARTHAUS. PA 13845
ALTERNATE ADDRESS
SERVE AND LEAVE WITH: DEFENDANT/PIC
CIRCLE IF THIS HIGHLIGHTED ADDESS IS:
ATTEMPTS
VACANT OCCUPIED
SHERIFF'S RETURN
NOW, 102 / d AT _ AM / PM SERVED THE WITHIN
COMPLAINT ON COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS d/b/a QUEHANNA
BOOT CAMP, DEFENDANT
VL (?O al
BY HANDING TO
adc? Can sa ldr-,
A TRUE AND ATTESTED COPY OF THE ORIGINAL DOCUMENT AND MADE KNOW TO HIM / HER THE CONTENTS
THEREOF.
ADDRESS SERVED
NOW AT AM / PM POSTED THE WITHIN
COMPLAINT FOR COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS d/b/a QUEHANNA BOOT
CAMP
AT (ADDRESS)
NOW
AT AM / PM AFTER DILIGENT SEARCH IN MY BAILIWICK,
I MAKE RETURN OF NOT FOUND AS TO COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS
d/b/a QUEHANNA BOOT CAMP
REASON UNABLE TO LOCATE
So Answers- CHEST R A IN , HERIFF
SWORN TO BEFORE ME THIS
BY.
DAY OF 2008 -vepV-ty ignature
"° a
f"') t"' l
^'(t
v"J ,?
?? T
?%" ..?-.?. ?k
.w
if:
?,?
;,
_ ??
"??
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.)
- ---------------
CAPTION OF CASE
(entire caption must be state in full)
TBF FINANCIAL LLC,
Plaintiff
VS.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS
QUEHANNA BOOT CAMP
Defendants
No. 08-6559 CIVIL Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.):
Preliminary Obiections
2. Identify counsel who will argue case:
(a) for plaintiffs:
Theron R. Perez, Assistant Counsel, PA Dept of Corrections, Office of Chief Counsel
55 Utley Drive, Camp Hill, PA 17011
(Name and Address)
(b) for defendants:
Robert D. Kodak. Esquire 407 North Front Street, PO Box 11848
Harrisburg, PA 17108-1848
(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:
Date: February 11, 2009 Department of Corrections
Attorney for
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) after the case is relisted.
rneron x.rerez
Print your name
?
?. °?-
?*? -,
?° N =>?-,
?",
.:. ? -? i.
? ?
.%
•. Cp
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC, ;
Plaintiff,
No. 08-6559 CIVIL
V.
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS QUEHANNA BOOT
CAMP
Defendants.
DEFENDANT'S MOTION TO ENTER JOINTLY STIPULATED ORDER
Defendant, by and through its counsel, Theron R. Perez, Assistant Counsel,
moves the Court to enter an Order dismissing this action in accordance with the
attached Joint Stipulation. In support of this Motion, the Defendant avers:
Procedural Bac around
I . On December 2, 2008 a Complaint was received by the Department of
Corrections Quehanna Boot Camp from Plaintiff TBF Financial LLC.
2. The Plaintiff purports to be a corporation organized under the laws of
the State of Illinois.
3. The Defendant, the Department of Corrections, is an administrative
agency of the Commonwealth of Pennsylvania. 71 P.S. § 61
4. The Quehanna Boot Camp is a facility operated by the Department of
Corrections pursuant to the Motivational Boot Camp Act. 61 P.S. §§ 1121 et seq.
5. On or about December 18, 2008, the Department filed Preliminary
Objections to the Plaintiff's Complaint on the grounds of subject matter
jurisdiction and failure to exercise or exhaust a statutory remedy.
6. On or about February 19, 2009, the Defendant filed a Brief in Support
of its Preliminary Objections and requested that an Argument Court Date of April
9, 2009.
7. On March 2, 2009, the parties to this action reached a Joint
Stipulation, attached as Exhibit A.
8. The Plaintiff stipulates that it will not oppose the Defendant's
Preliminary Objections.
9. The parties concur that the attached Stipulate Order should be entered.
WHEREFORE, for all of the foregoing reasons, it is respectfully requested
that the Court cancel the scheduled hearing for April 9, 2009 for this matter and
enter the Stipulated Order.
2
Respectfully submitted,
Office of General Counsel
B K,
Y•
eron R. Perez
4 Assistant Couns
Attorney I.D. No. 200935
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: March 13, 2009
3
MAP. 2.2jv? t.44rNO, 482 P. 2
EXHIBIT
A-
1I
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC,
Plaintiff,
No, 08-6559
V.
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS QUEHANNA BOOT
CAMP
Defendants.
JOM SWULATION
The parties to this matter jointly stipulate as follows:
CIVIL
1. On or about November 5, 2008, TBF Financial LLC (Plaintiff)
commenced the above-captioned action against the Department of Corrections
Quehanna Boot Camp (Defendant),
2. On or about December 18, 2008 the Defendant filed Preliminary
Objections to the Plaintiff's Complaint.
3. On or about February 19, 2009 the Defendant filed a Brief in Support
of its position and requested that a hearing be scheduled for April 9, 2009.
. W. 2. 2 '901 ' 2:44PM NO. 482 P. 3
4. The Plaintiff will not oppose the Defendant's Preliminary Objections.
5. The Parties to this case concur that this matter should be closed
according to the terms of the attached Stipulated Order.
WMREFORE, for all of the foregoing reasons, it is respectfully requested
that the Court enter the attached Stipulated Order.
Respectfully submitted,
Office of General Counsel
By: -V &
eron R. P=4?
Assistant Couns
Attorney I.D. No. 200935
Pennsylvania Department of Corrections
Office of Chief Counsel
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Concurrence on b f Plaintiff.
By;
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box 411848
Harrisburg, PA 17108-1848
(717) 238-7152
Attorney ED No. 18041
Dated: March 2, 2009
2
4°Y N0, 482 P. 5
. MAR, 2, 2"'11, tQ '2.4
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC,
Plaintiff,
No. 08-6559 CIVIL
V.
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS QUEHANNA BOOT
CAMP
Defendants.
CERTMCA.TE OF SERVICE
I hereby certify that I am this day depositing in the U.S, mail a true and correct
copy of the foregoing Joint Stipulation and Stipulated Order upon the person(s) in the
above-captioned matter.
Service by first-class mail
Addressed as follows:
Robert D. Kodak, Esquire
407 North Front Street
PO Box 11848
Harrisburg, PA 17108-1848
Ren6e J. Roberts
Legal Assistant
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
Dated: March 2, 2009
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC,
V.
Plaintiff,
No. 08-6559 CIVIL
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF :
CORRECTIONS QUEHANNA BOOT :
CAMP
Defendants.
CERTIFICATE OF SERVICE
I hereby certify that I am this day depositing in the U.S. mail a true and correct
copy of the foregoing Motion to Enter Jointly Stipulated Order and supporting
documentation upon the person(s) in the above-captioned matter.
Service by first-class mail
Addressed as follows:
Robert D. Kodak, Esquire
407 North Front Street
PO Box 11848
Harrisburg, PA 17108-1848
Dated: March 13, 2009
A Re 'e J. R rts
Legal Assistant
Pennsylvania Department of Corrections
55 Utley Drive
Camp Hill, PA 17011
(717) 731-0444
?--, ?.?
I-..? r? ? :...)
_ ? .,?„?
_:?. -_i
-*-
.?_
v,
- -; f'-
°' '
i
-<
MAR. 2. 2009 12:44PM N0. ?n2 ? 4
IN THE COURT OF COMMON PLEAS
OF CLIMBERLAND COUNTY, PENNSYLVANIA
TBF FINANCIAL LLC,
Plaintiff, :
No. 08-6559 CIVIL
V. '
COMM014WEALTH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS QUEHANNA BOOT
CAMP
Defendants.
MAR 1, 8 20896
STIPULATED ORDER
J=-W08, upon consideration of the Joint
AND NOW, this day of 44
Stipulation filed by the parties to this matter, the Defendant's Preliminary Objections
are GRANTED. It is hereby ORDERED that this Complaint is DISMISSED,i-
Y"
cv
cy ON p
MLLJ
0 o
N