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HomeMy WebLinkAbout09-2076LU 1 Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: M - ao u 0'iy; t leer--? KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 717-249-3166 &A- Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D ?- 2 0 7 6 cc. ftj 7.t w- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are KIMBERLY L EVANS, an adult individual residing at 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719. 3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued to Defendant(s), Account #4264294224672156. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $4,706.70. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,706.70 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASS S, P.C. Attorney for P ain ff A Law Firm Engaged ' D 96t Collectjoi BY: Dated: 3/30/2009 David J. Apoth4er, Esquire Our File No.: 202476 i ? VERIFICATION David J. Apothaker, Esquire, En- hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to J. Apothaker, Esquire tbrney for Plaintiff DATE: 3/30/2009 FIA CARD SERVICES, N.A. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 STATEMENT OF ACCOUNT Debtor's Name: KIMBERLY L EVANS Account Number: 4264294224672156 Balance Due: $4,706.70 Our File No.: 202476 EXHIBIT "A" 0 A W OF 7009 APR -Z PM 1: 23 CUf? BB - ; p D COUNTY ?&FNXVAW *78.so PQ " CI& 1 MOE pr? aa31y7 Sheriff s Office of Cumberland County Sheriff as Kline jr $?uof ?,unGrrf,??y Edward L Schorpp Solicitor i _ Ronny R Anderson Jody S Smith Chief Deputy OFFICE F SSE IFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/07/2009 05:58 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 200E at 1758 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kimberly L. Evans, by making known unto Kimberly L. Evans personally, at 2204 Fenwick Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWE April 08, 2009 R THOMAS KLINE, SHERIFF Dep y Shevffff/ Docket No. 2009-2076 FIA Card Services v imberly Evans F1Lf rl J'E OF THE P?^T 'r" 40TARY 2009 APR 13 Aft {p: 3 7 cum". ??'?rr Commonwealth of Pennsylvania Case No: 09-2076 Civil Term Court of Common Pleas Cumberland County FIA Card Services, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mt. Laurel, NJ 08054 Plaintiff VS. Kimberly L. Evans 2204 Fenwick Avenue Mechanicsburg, PA 17055 Defendant Defendants Answer to Plaintiff's Complaint: I generally deny the amount of debt. ZA? Kimberly L. Evans 2204 Fenwick Avenue Mechanicsburg, PA 17055 Dated: 4/22/2009 OF THE P 17.1,nINOTA RY 2009 APR 22 PH 1. 32 Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 09-2076 MOTION FOR JUDGMENT ON THE PLEADINGS 1. On or about April 2, 2009 plaintiff, FIA CARD SERVICES, N.A., filed a complaint; a copy of which is attached hereto, marked Exhibit "A" and incorporated by reference herein. 2. On or about Apri124, 2009 defendant, KIMBERLY L EVANS, filed an Answer, a copy of which is attached hereto, marked Exhibit "B" and incorporated by reference herein. 3. Plaintiff s complaint is an action for breach of contract on a book account, upon which plaintiff sold and delivered goods to defendant and for which defendant has not paid per reasonable and agreed upon terms. 4. Defendant generally denied the debt, a general denial pursuant to Pennsylvania Rule of Civil Procedure 1029(c). 5. The official note under Rule 1029(c) states that reliance upon this rule does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. 6. Rule 1029(b) of the Pennsylvania Rules of Civil Procedure provides that a general denial, except as provided by subdivision (c) of this Rule shall have the effect of an admission. 7. The Answer of defendant viewed in its entirety is a general denial. 8. Since the Answer of the defendant is in effect a general denial, judgment should be entered for the Plaintiff for Defendant's failure to properly respond. WHEREFORE, plaintiff demands judgment in the amount of $4,706.70, plus costs. Respectfully Submitted, ~ordan W. Felzer, Esqu ri e Attorney for Plaintiff Dated: November 9, 2009 Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 09-2076 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS Procedural History Plaintiff filed a complaint based on a book account for goods purchased and received by the Defendant. A copy of the complaint (Exhibit "A") is attached to this Motion for Judgment on the Pleadings. The Defendant's Answer included aone-line general denial. (Exhibit "B") Leal Argument Pa. R.C.P. 1034 provides in pertinent part: "(a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings. (b) The court shall enter such judgment or order as shall be proper on the pleadings." In passing on motion for judgment on the pleadings, court may consider only pleadings themselves and any documents properly attached hereto. Simon v. Commonwealth, 659 A.2d 631, Cmnwlth. 1995. In the instant case, the court may consider the complaint and defendant's answer thereto. Defendant's general denial of the averments contained in Plain.tiff's complaint essentially constitutes an admission. One need only read the notation under Pennsylvania Rule of Civil Procedure 1029, which specifically states that reliance on subdivision (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. Cercone v Cercone, 254 Pa. Super 381. 386A.2d 1 (1978). Surely the defendant knows their own entity and whether they received any goods. It has been held that a defendant's general denial of complaint's allegations effectively manifested defendant's admission to facts averred in complaint. Swift v. Milner, 538 A. 2d 28, 371 Pa. Super. 302, Super 1988, Swayne v. Lovett 21 Pa. Commw. 462, 346A. 2d 5857 (1975). It is well settled that a defendant may not rely upon Rule 1029(c) to excuse a failure to make a specific denial of factual allegations contained in a complaint when it is clear that the defendant must know whether a particular allegation is true or false. Medusa Portland Cement Company v. Marion colon Supply Company, 201 A. 2d 285 (1974), Frazier v. Ruskin, 199 A. 2d 513 (1964). Conclusion It is clear from reading plaintiff's complaint as well as defendant's answer that it is inconceivable that defendant cannot determine after reasonable investigation, whether goods were shipped, whether goods were received, whether goods were accepted or the nature of any defense. For the foregoing reasons, judgment should be entered for the Plaintiff. Respectfu y mitt Jord `: Felzer, Esquire Atto for Plaintiff Dated: November 9, 2009 FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. AND NOW, this day of COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 09-2076 ORDER 20 ,upon consideration of plaintiff's Motion for Judgment on the Pleadings and defendant's response thereto, it is hereby ORDERED AND DECREED that judgment is entered for the plaintiff in the sum of $4,706.70 plus costs and interest. BY THE COURT, J. Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 09-2076 CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on November 9, 2009, I mailed a copy of Plaintiff s Motion for Judgment on the Pleadings to: KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 APOTHAKER & ASSOCIATES, P.C. Attory~s for Plaintiff By: J rdan W. Felzer, Esquire Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. KIMBERLY L EVANS 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 09-2076 VERIFICATION Jordan W. Felzer, Esquire, being duly sworn according to law, deposes and says that he is the Attorney for LVNV FUNDING LLC, the Plaintiff in the within action and verifies that the within pleading is based upon information furnished to counsel or otherwise gathered by counsel in the course of the trial. The language of the pleading is that of counsel and not of the Plaintiff. To the extent that the contents of the pleading are the t of counsel, verifier has relied upon information gathered in taking this verification or information presented at trial or research available to verifier. This verification is made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. By: Dated: 11 /9/2009 (rdan W. Felzer, Esquire Attorney for Plaintiff C7ur File No.: 20?476 APOTIiAKER &: ASSpCIATES, P.C. BY: Dat=id J. Apnthal~er, Esquire, -Esq. Attorney I.©;#3&423 520 Fellowship Road 0305 hpp~f(a~~jJu~~nttLau(rel, NJ 08054 {Otii,J) 6?2-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. c/a Apothaker & Associates, P.C. 520 Fellowship Road 0306 Mount Laurel, NJ 08054 Plaintiff vs. KIMBERLY L EVANS ?204 FENWICK AVE IvI.ECHANICSBURG, PA 170555?19 Defendant. ~.._. .~. ,.._~. ~..~ ~ i ~~L'13 cCauRT aF coMMON PLEAS °' ~' CUMBERLAND COUN'I"Y ! ~ ~= ~.a .._ ~ _ ~ ~ ~'` f ~+ ~% ;~ ~~: ~ ~ ~ NO'I"ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take actian within twenty {20) days after this complaint and notice are served, by entering a written appearance personally or by attorney anti filing in ~«riiing with the court your defenses ar objections to the claims set forth against you. ~'au are warned that if you. fail to do sa the case may praceeri without you and a judgment nay be entered against you by the court i~rithaut further notice far any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money csr property ar other rights important to you. YOU SHOULD TAKE THIS PAPER TC) YOUR LAW~'"ER AT ONCE. IF YC)tJ Da NOT HAVE A LAWYER OR CANNOT AFFORD Oh'E, GO "3°O OR TELE.PI-IONE THE (7I=FICE SET FORTI-I BELOW Ta FBVD aUT WHERE YOU CAN GET LEGAL HELP. IF YOC CAN1~lOT AFFORD TO I{IRE A LAWYER, TfIIS OFFICE MAY BE ABLE TO PROVIDE YC)U I~FITFI 1NFORMATION ABOUT AGE1vTCIES TI~AT 1ktAY aFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE t?R NO FEE. ClJN1I3ERLAND COU1~tTY BAR ASSC~IATION 2 LI:l3ERTY AVE1~'UE CARLISLE, PA 17013 717-249-3156 C)ur Pile No.: 2{}2476 APOTHAI~ER. &:. ASSC7CIATES, P.C. BY: Dac~id 7. Apothaker, Esquire, Esq. Attorney i.D.~38423 520 Fellowship Road 0306 Mount Laurel, NJ 08054 X800}672-0215 Attorney°s for PlaintifT FI.A CARD SERVICES, N.A. clo Apothaker & Associates, I'.C. 520 Fellowship Road 0305 Mount Laurel, N3 08054 Plaintiff,, vs. KII~IBERI..Y L EVANS 2204 FENVa'ICK ,4VE 1viECII.ANICSBL7RG, PA 17055-5719 Defendant. CC3URT t~F COMMt)N PLEAS CI~MBERLAND Co~rlT~f NC}.: CIVIIl ACTIC}N CtJMPLAi~T FIRST CL3t~~'T 1. Plaintiff is FLA CARD SERVICES, N.A. cIo Apothaker & Associates, P.G., 520 Fellowship Road 0306, Mount Laurel, hIJ 0$054. 2. Defendants} is~~are kI1~'LI3EKLY L EVANS, an adult individual residing at 2204 FEI~'VdICIk AVE MECHl`1~31CSBtIRG, PA 17055-5719. 3. At the special instance and request of Defendant, Plaintiff, FI.A CARI3 SERVICES, 2+I.A., issued to Defenda€xt~s), Account X426=12942?4672156. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendants} has an unpaid balance of X4,706,70. A true and correct copy of the total due and. awing is attached. hereto, made a part hereof and marked as Exhibit „A„ 6. All credits, if art}~, to which Defendant{s} is entitled, have been applied to the account and are included in Exhibit "A" 7. Although demand has been made, Defendant{s} has failed to make payment of the amoun# due as above. li~~~-IEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendants} for tl~e sum of $4,705.70 and requests this Court award Plaintiffatton3ey's fees and costs to tt2e extent permitted by applicable law. AP07'HAKER & ASS S, P.G. Attorney far P ain ff A i.aw Firm. Engaged in D t Collection BY: '; C/ David 7. Apothaker, Esquire V~RIFTCATIOi`I David J. A~othaker, Esquire. Esq. hereby states that I a~n counsel ftar plaintiff in this action, and that l: am authorized to take this Verification, and that the statements made in the foregoing Civil Action. Csorrtp[aint are true and correct to the best of my knov~rledge, information, and belief, The undersigned that the statements therein are made subject to the penalties of l8 Pa.C.S.A. 4~Q4 relating to uns~=orn falsifcatio~~ to .~. Apothaker, Esquire t~rne~r for Plaintiff BATE: 3/~t?12009 FIA CAIN) ~~,KV" ~t..,r ~, ~~«.r-t. KI~ERLY L EVANS 2204 IµEN~CK AVE 144ECHAN1CS~it7RG, PA 1705-5719 s~1~ATE~v1E~~r o~ Accov~~z Debtor's Name: K.IIvIBERLY L ~YANS Account Number: 4264294224672156 $alauce I3ue: X4,706.70 Qur File ?~`o.: 202476 ~'L I,f"T7',JTT tf /t tl aU~l~ Camrx~anwcalth of Pennsylvania Ct~urt of Cornnac~n Pleas Cumberland C€~unty FlA Card Services,1~1.A. clo Apt~thaker &. Associates, P.C. ~~(} Fellcawship Read. C306 Mt. Laurel, NJ 08054 Plaintiff vs. Kimberly I.. Evans 2204 Fenurick Avenue Mechanicsburg, PA 1?055 Defendant Case No: 09-2076 Civil Term Defendants Anstiver to Plaintiff's Cc~rnplaint: I generally deny the a€nount of debt. Kimberly L. Evans 2204:Fenwick Avenue Mechanicsburg, PA 1?055 Dated: 4/2212009 ~~ - _ . L`_.i_ ^°, ,f -,~_~' -. t'~:; _ , Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. By: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff FIA CARD SERVICES, N.A. vs. Plaintiff KIMBERLY L EVANS Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-2076 Civil Action PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Motion for Judgment on the Pleadings 2. Counsel who will argue cases: Jordan W. Felzer, Esquire KIMBERLY L EVANS, Pro Se Attorney for Plaintiff Attorney for Defendant. 520 Fellowship Road C306 2204 FENWICK AVE Mount Laurel, NJ 08054 MECHANICSBURG, PA 17055-5719 (800)672-0215 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm,En~a~ed in Debt Collection BY: W. Felzer, Esquire PL ted: November 9, 2009 CA/Al. - ~ ;~.;~r C,. w ~~. ~_: c~ ~. ~ Our File No.: 202476 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 . ,,_, . 2010 ~~Y 14 P~ 3~ ~Z ..JL.:~'::., ~CI ~~`~~~i~~~~~~~~~ FIA CARD SERVICES, N.A. Plaintiff vs. KIMBERLY L EVANS Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-2076 Civil Action PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Plaintiff s Motion for Summary Judgment 2. Counsel who will argue cases: Apothaker & Associates P C Attorneys for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 KIMBERLY L EVANS Pro Se 2204 FENWICK AVE MECHANICSBURG, PA 17055-5719 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Next Available BY: & ASSOC,I~'ES, P.C. J. ~llaro, Esquire Plr1 t_'~11~1) S1~~iZti~'lCl ~, t;_;1. t'ri~ .~lar~li~~t'.-azl' c< f1~::at~t,itt~5, Iy.f'. ~?{) l~e!Itawhip Lvr~a~l C' F}t~ R1i~u~~t Laurel, iti,l C1~L}>~I ['htintiis""~. ~ s. 1~;(~11tL~[:1.1' 1. 1~;Yf11ti'ti ~1I C'll,~'vJt'SLiL~ttC,, 1'F~ iit?~_`~-~71~ t}~ Ccrida~~t CC)t l:'1 Oi C't)i4'1~~!t)iv` 1'1 (~.,1ti t't_~I~tL;i':1~I,:'1NI) Cc?l i,~.1 C`1l~~ I1. AC1 lCt:~ i~U.: +~sJ-:?417f+ C o ~~ .r ;~ .:._ c+ - r-- ~ ' - ,, -~ ~"~ '` _ ---+ _ :~ ~ L c' _, -, `~ ~ i3 R 1~) t~: k :~.'~"I) t'~d{~'~1", tJ~is -~'--__~S.:i c~C _-~w.y _ . '+:+ . ui~t~n rcrnsici~r~tit~n ~~i~piaintit 1~r~tin+~ I~',r.luc~L:tn~nt can t}14 N1~,~._Ii~l`~~ ~;~~ tlcle~~r!-,i~t~~ r~~}?c}n~•4 ti~t~reti>. it is her~t~~~ ()1~1)1'.I:L~L) .~'':t) L_)t=C'1I::1~,1:) ti',aE jrt?i4t;-„art iti ~~~trtd liar t}~c~ Nl~,intiCl~in ti7e sr~t~ c,C"~=~.7t)Cx.7tt ilt.s e+.~;~~~u~ti inttr~~t. ~P~~s ~ hand o~ <<ve~ " ~ ~ ~ ~~jlro r~ ,~~ ~- - :- 2131221 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohccken, PA 19428 484/351-0500 FIA -'AR- SERVICES, N.A. vs. KIMBERLY L EVANS TO T' E PROTHONOTARY: y'C` t U 1 ? JUL TA' i` t 30 P?dS ACpUNTY 4f .4 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO ENTRY OF APPEARANCE 09-2076 Kindly enter my appearance on behalf of tr.e plaintiff in th'e above-captioned matter. GORDON & WEINBERG, P.C. BY:_ _ FREDER C . WEINBERG, ESQUTR, JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE,, hereby certify t?at I, on the date below, served a copy of the Substitution of Attorney arhd Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. Dated: FREDEWC I. VVEINBERG, ESQIJIRE