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Home My WebLink About10-3213i r v Our File No.: 247116 APOTHAKER & ASSOCIATES, P.C. BY: David J.,Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC 15 SOUTH MAIN STREET SUITE 500 GREENVILLE, SC 29601 Plaintiff, vs. KEVIN KEADY 101 MAY DR APT 6 CAMP HILL, PA 17011 Defendant. ZOIQ ~It~Y 14 PI°! 3~ ~a ~.. .1Jl~iVT1r ~~~J~ `'~r~\1~1h°~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: /D - .~~.1.~ NOTICE ~t v i (,~~j~-y~ 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 S $4a.oa cL/~}d~ CK~ /80828 ' Odr'File No.: 247116 APOTHAKER & ASSOCIATES, P.C. BY: David J; Apothalcer, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff LVNV FUNDING LLC 15 SOUTH MAIN STREET SUITE 500 GREENVILLE, SC 29601 Plaintiff, vs. KEVIN KEADY 101 MAY DR APT 6 CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC, 15 SOUTH MAIN STREET SUITE 500, GREENVILLE, SC 29601. 2. Defendant(s) is/are KEVIN KEADY, an adult individual residing at 101 MAY DR APT 6 CAMP HILL, PA 17011. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5440455012052513; and said account was issued to Defendant(s) by HSBC/ORCHARD BANK, the Original creditor. 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 $2,901.76. 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 $2,901.76 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney f aintiff A Law Firm Enga d n Debt Collectioi BY: David J. Apl~thaker, Esquire Dated: 5/10/2010 Our File No.: 247116 ,. , VERIFICATION David J. Apothaker Esquire 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 understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relatirl~unsworn falsification to authorities. David J. A~ethaker, Esquire Attorney for Plaintiff DATE: 5/10/2010 i LVNV FUNDING LLC KEVIN KEADY 101 MAY DR APT 6 CAMP HILL, PA 17011 STATEMENT OF ACCOUNT Debtor's Name: KEVIN KEADY Account Number: 5440455012052513 Original Creditor: HSBC/ORCHARD BANK Balance Due: $2,901.76 Our File No.: 247116 EXHIBIT "A" 247116 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: LVNV FUNDING LLC Expiration Date: Type of Action: Civil Action Defendants: KEVIN KEADY Serve Upon: KEVIN KEADY Address for Service: 101 MAY DR APT 6 CAMP HILL, PA 17011 Alternate Address for Service: Type of Service: ()Personal (X) Adult in Charge ()Deputize ()Certified Mail ()Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Tele hone: 215-634-8920 Our File No.: 247116 APOTHAKER & ASSOCIA' By: Benjamin J. Cavallaro, I Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff LVNV FUNDING LLC 15 SOUTH MAIN STREET GREENVILLE, SC 29601 vs. KEVIN KEADY 101 MAY DR APT 6 CAMP HILL, PA 17011 You have been sued in you must take action within tv appearance personally or by a claims set forth against you. ~ judgment may be entered age complaint or for any other clai: rights important to you. YOU SHOULD TAKE LAWYER OR CANNOT AFF~ FIND OUT WHERE YOU CA IF YOU CANNOT AF: YOU WITH INFORMATION PERSONS AT A REDUCED F CUMBERLAND COUNTY 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 P.C. 500 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-3213 CIVIL TERM Civil Action NOTICE curt. If you wish to defend against the claims set forth in the following pages, rty (20) days after this complaint and notice are served, by entering a written ~rney and filing in writing with the court your defenses or objections to the z are warned that if you fail to do so the case may proceed without you and a st you by the court without further notice for any money claimed in the or relief requested by the plaintiff. You may lose money or property or other HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A tD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO GET LEGAL HELP. )RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE BOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE E OR NO FEE. ASSOCIATION Our File No.: 247116 APOTHAKER & ASSOCIATI By: Benjamin J. Cavallaro, Esc Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC 15 SOUTH MAIN STREET SL GREENVILLE, SC 29601 P.C. 500 -~T r 2~l~JJ' }b ~;-} 1~ ~7 CiP,~ ~,... ,~.iiY 4 ~ r'L.~ . ,~ ~_,', ~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-3213 CIVIL TERM vs. KEVIN KEADY 101 MAY DR APT 6 CAMP HILL, PA 17011 AMENDED COMPLAINT FIRST COUNT Civil Action 1. Plaintiff is LVNV FUNDING LLC, 15 SOUTH MAIN STREET SUITE 500, GREENVILLE, SC 29601. 2. Defendant is KEVII~f KEADY, an adult individual residing at 101 MAY DR APT 6 CAMP HILL, PA 17011. 3. Defendant applied f~r, received and used a credit account issued by HSBC/ORCHARD BANK, account number ending in 2513 pursuant to a written agreement in effect at all times relevant herein. 4. Under the terms of ~he contract, Defendant was given the right to make purchases in return for a promise to timely pay the princip~l balance accumulated plus interest, fees and penalties where applicable. 5. Defendant failed to make timely payments on the account, although demand was made for said payments, thereby breaching the 6. Attached hereto and incorporated by reference herein are copies of multiple credit card statements for defendant's account. 7. Defendant opened th~ account on or about February 04, 2004. 8. Defendant's last pa~ment was recorded on or about June 24, 2006, placing this action within the applicable statute of limitations. 9. The account was ch ged off on or about February 28, 2007 with an outstanding balance of $2,434.70. Said balance is evidenced on the most recent of the attached credit card statements. 10. The balance on defe dant's account increased since that date due to the accrual of six percent (6.00%) statutory interest. 11. Plaintiff purchased tJ Bill of Sale attached hereto evide 12. Plaintiff has suffered WHEREFORE, Plai $2,901.76 and requests this is account on January 30, 2009 and presently owns and holds this account. The ices the chain of title for defendant's account. nonetary damages in the amount of $2,901.76. demands judgment in favor of Plaintiff and against Defendants} for the sum of award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged i}~ebt Collection BY: Esquire Dated: July 13, 2010 VERIFICATION • ---~ e-c" `~ [ ctv ~ a s~,/"~ hereby states that I am ~~-~~ ~~~~ -~ • ~ sty. ' ivy for Plaintiff in this action, and that I am authorized to take this Verificatio and that the statements made in the foregoing Civil Action Complaint are true and correct the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to uns orn falsification to authorities. ~,Q~ DATE: ~• l3• /D Our File No.: 247116 APOTHAKER & ASSOCIA By: Benjamin J. Cavallaro, l Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC 15 SOUTH MAIN STREET S GREENVILLE, SC 29601 P.C. COURT OF COMMON PLEAS 500 ) CUMBERLAND COUNTY NO.: 10-3213 CIVIL TERM vs. KEVIN KEADY 101 MAY DR APT 6 CAMP HILL, PA 17011 Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Esquire, attorney for Plaintiff, certify that on July 13, 2010, I mailed a copy of Plaintiff s Amended Complaint Eby Regular mail to: MICHAEL PYKOSH, ES 2132 MARKET STREET CAMP HILL, PA 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged ir;.l~ l~ Collection BY: Esquire Dated: July 13, 2010 EXHIBIT III BILL OF For good and sufficient Portfolio Management LLC and ] hereby absolutely sells, transfers, III LLC, a Limited Liability C ("Assignee") without recourse ani or nature, express or implied, all (the "Assets") identified in the A together with the right to collect the Assets remaining due and oc derived from the conversion, vc liquidated property, including, w from and after the date of this Bill DATED: ~ , 2 AND ASSIGNMENT OF ASSETS consideration, the undersigned IDT Carmel, Inc., IDT Carmel FPM Cannel Holdings I LLC and its predecessors ("Assignors") assigns, sets-over, quitclaims and conveys to Sherman Orisrinator ompany organized under the laws of the State of Delaware t without representations or warranties of any type, kind, character of Assignor's right, title and interest in and to each of the Assets .set Schedule ("Asset Schedule") attached hereto as Exhibit II, 11 principal, interest or other proceeds of any kind with respect to 7ng as of the date hereof (including but not limited to proceeds untary or involuntary, of any of the Assets into cash or other thou[ limitation, insurance proceeds and condemnation awazds), of Sale and Assignment of Assets. ASSIGNOR: Ip C ,INC. By: - ~.-~- N e (print): ~~~~ ~~1 Title: t~Y~,\ ~K`+~L-y1 IDT CARNET • PORTFOLIO MANAGEMENT LLC By: ~-. Name (print): S-~'h~, ,,,, ro,~ Title: ~~0.~(~(l~v. FFPM CARNET. OLDIN S I LLC By: ame (print): ~~YIX.~ ~j~anr~ REYtEWED l3Y LEGAL DEPT. ~~ ~rtitlal O KEVIN W KEADY ACCOUNT SUMMA Y ACCOUNT 5440455 1205-2513 NUMBER CASH CREDfT LIMB fi $1,800 CASH LIMB AVAILABLE SO TOTALCREDRLIMR $1800 TOTAL CREDR LIMIT $0 STATEMENT DATE 01102/07 Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $2,313.78 PAYMENTS/CREDITS - $0.00 PURCHASESJDEBRS + E0.00 LATE PAYMENT CHARGE + 50.00 MISC. FINANCE CHARGE * $0.00 FINANCE CHARGE + 58.70 NEW BALANCE _ $2,372.48 TRANSACTION SUMMARY (For additional transaction detail go to vwvw.orchardbank.com) TRANS POST TRANSACTION ' REFERENCE AMOUNT Da~T DAT DESCRIPTION NUMBER CHARGES I CREDITS PERIODIC FINANCE CHARGE SUMMARY This is a grace account Grace period information on back. Balance Subject Daily Days Finance Charges NOMINAL To Finance Charge Periodic in Billing At Periodic ANNUAL Average Daily Balance Rate Cycle Rate PERCENTAGE RATE PURCHASES CASH ADVANCES $2,342.03 0.08354% 30 $58.70 30.49% . $0.00 0.00000% 30 $0.00 28.99% ANNUAL PERCENTAGE RATE" 30.490% "'May be higher then Nominal Perce a Rate ff statement includes misc. finance charges. ~ MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 110201102 0000000508 G PLEASE DETACH AND RETURN #BWNHYTS #328012052515# PAYMENT SUMMARY OVERLIMIT AMOUNT 5572.48 MINIMUM PAYMENT' 588.00 CURRENT PAYMENT DUE' 5880.48 PAYMENT DUE DATE 01/27/07 PAST DUE AMOUNT 5481.00 `Sce reverse side for an errylanation of these amounts. '~ QUESTIONS? ®MAIL INQUIRIES TO: 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES ENGLISH 1503293.4037 P0130X 80084 ESPAIVOL 1-503-2934834 SALINAS CA 93912-0004 ~ Manage your account online at: www.orchardbank.com ~ D B 00008512 ODSt PORTION WITH YOUR PAYMENT: To Assure Proper CredR Please Write Your Account Number On Your Check 4ccount Number 5440550-1205-251; law Balance 12,372.48 'ayment Due Date 01!27/07 Current Payment Due 1880 4' Make checks payable to HSBC CARD SERVICES. Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 to10 days prior to the payment due date to ensure timely delivery. Amount Enclosed KEVIN W KEADY 17 UPTON 9T HALIFAX`MA 02338-1 24 1111111111u11111i11111111111111111111111111 I1111lllllllllllll 838C CARD 38RVICE9 IPO BOX 17051 BALTIMORE MD 21297-1051 llllilllllllllllllllllllllllllllll 111!1 lllllllllllll 544045501205251300066048002372487 OIZCHcZRD K' KEVIN W KEADY ACCOUNT SUMMA ACCOUNT 54404 2052513 NUMBER CASH CREDR LIMB f $1,800 CASH LIMfi AVAILABLE $0 TOTAL CREDIT4IMR $1,800 TOTAL CREDfi LIMfi $0 STATEMENT DATE 02102!07 + r ter, r....r» i ....are ....~..., s «._ .....~ ~. ._.. Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $2,372.48 PAYMENTS/CREDITS - $0.00 PURCHASES/DEBTTS + 50.00 LATE PAYMENT CHARGE + $0.00 MISC. FINANCE CHARGE + $0.00 FINANCECHAROE + 62.22 NEW BALANCE _ $2,434.70 TRANSACTION SUMMARY (For additional transaction detail go do vwvw.orchardbankcom) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES I CREDITS PERIODIC FINANCE CHARGE SUMMARY This is a grace account. Grace period information on back Balance Subject Daily Days Finance Charges NOMINAL To Finance Charge Periodic in Billing At Periodic ANNUAL Average Daily Balance Rate Cycle Ram PERCENTAGE RATE PURCHASES $2,402.45 0.08354% 31 $82.22 30.4996 CASH ADVANCES $0.00 0.00000% 31 $0.00 29.99% ANNUAL PERCENTAGE RATE•• 30.490y. ••May be higher then Nominal Percen ge Rate if statement includes misc. finance charges. account has ~ MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 1102011 02 0000000508 G PLEASE DETACH AND RETURN #BWNHYTS #328012052515# Make checks payable to HSBC CARD SERVICES. Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 to10 days prior to the payment due date to ensure timely delivery. Amount Enclosed I03VIN W ID;ADY 17 LIPTON 9T HALIFAX MA 02338-1 24 " II IIIIIIIIIIII III'IIIII1111 "III'lll'IIIIIIuII II IIIIII" III a collection PAYMENT SUMMARY OVERLIMITAMOUNT 5634.70 MINIMUM PAYMENT' $82.00 CURRENT PAYMENT DUE' 5726.70 PAYMENT DUE DATE 02127!07 PAST DUE AMOUNT $589.00 'See reverse side for an explanation of these amounts. them directly. or '~ QUESTIONS? ®MAIL INQUIRIES TO: 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES ENGLISH 1503-2934037 PO BOX 80084 ESPANOL 1-503-283-4834 SALINAS CA 93912-0084 ® Manage your account online at: www.orchardbank.com T07 D B 00018867 ODS1 )M PORTION WITH YOUR PAYMENT: To Assun: Proper Credit Please Wdte Your Account Number On Your Check Axount Number 5440-4550-1205-2513 New Balance $2,434.70 Payment Due Dete 02/27/07 Current P ment Due 57213.70 H38C CARD SERVIC89 PO BOX 17051 HALTIMORB MD 21297-1051 IIIIII111IIIIII~IIIIIIIIII111'IIIIIIIII IIIIIIIII'III 544045501205251300072670002434702 02200606NCSNHL 00150015440455012052513 KEVIN M KEADY ACCOUNT SUMMARY P YMENT SUMMARY BALANCE SUMMARY ACCOUNT 5440-4550-1205-2513 OYERLIMIT AMOUNT (260.27 PREVIOUS BALANCE (1 944 02 NUMBER , . MINIMUM P YMENT* (77.00 PAYMENTS/CREDITS - (0 00 CASH CREDIT LIMIT. (1,800 . CURRENT P YMENT DUE' 1337.27 PURCHASES/DEBITS + 565 00 CASH LIMIT AVAILABLE f0 . PAYMENT D E DATE 06/27/06 LATE PAYMENT CHARGE+ j0 00 TOTAL CREDIT LIMIT 51,800 . PAST DUE OUNT (140.00 MISC. FINANCE CHARG+ (0 00 TOTAL CREDIT LIMIT f0 . AVAILABLE FINANCE CHARGE + 551.25 •See reve se side for an ex- STATEMENT DATE 06/02/06 planatio of these amounts. NEM BALANCE _ ;2,060.27 .Cash Credit Limit is a portion of the atal Credit Limit T NSACTION SUMMARY (For additional transacti on detail go to www.archardbank.com ) TRAN POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CRE DITS 05/2905/29 LATE CHARGE ASSESSMENT 19999999980000999834990 535.00 05/1205/12 OYERLIMIT CHARGE ASSESSMENT 19999999980000999650040 (30.00 YOUR ACCOUNT IS NOM PAST DUE. PLEASE C LL TODAY TO MAKE YOUR PAYMENT OVER THE PHONE CALL US AT 600-434-4954. . MAIL PAYMENTS T0: HSBC CARD SERVICES 24-HOUR A11T0 PO BOX 17051 ENGLI BALTIMORE MD 21297-1051 ESPA1 Mannge y ww 110201 A 02 0000000508 G PLEASE DETACH AND RETURN BOTTOM PORT To Assure Proper Credit Please Nrite Account Nu New Balanc Payment Du Make checks payah number on your chi send your payment timely delivery. $BMNHYTS 63280120525159 KEVIN M KEADY 17 UPTON ST HALIFAX MA 02338-1324 QUESTION57 MAIL INQUIRIES T0: TED ACCOUNT SNFORMAT IDN HSBC CARD SERVICES 1-503-293-4037 PO BOX 80084 1-503-293-4834 SALINAS CA 93912-0064 r account online ats orchardbank.com STMT07 D B N kITH YOUR PAYMENT: our Account Number On Yaur Check er 5440-4550-1205-2513 (2.060.27 Date 06/27/06 Current Payment Due 5337.27 to HSBC CARD SERVICES Please write your account k. Da not fold, staple ar clip. Da not send cash. Please to 10 days prior tc the payment due date to ensure Amount Enclosed HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 1205251300033727002060271 02200606HCSWHL 00150025440455012052513 KEVIN W KEADY PERIODIC FINANCE CHAR E This is a grace account. Grace peri d Balance Subject Dai y To Finance Charge/ Period c Average Daily Balance Ra e PURCHASES ;1,995.51 .0628 CASH ADVANCES ;0.00 .0000 ANNUAL PERCENTAGE RATE~30.240X '*May be higher than Nominal Annual Perde SUMMARY information on back. NOMINAL Days Finance Charges ANNUAL In Billing At Periodic PERCENTAGE Cycle - Rate RATE 31 ;51.25 30.244 31 50.00 29.99# tape Rate if statement includes misc. finance charges. MAIL PAYMENTS T0: QUESTION57 MAIL INQUIRIES T0: HSBC CARD SERVICES 24-HOUR AUTO TED ACCOUNT INFORMATION HSBC CARD SERVICES PO BOX 17051 ENGLI i-503-293-4037 PO BOX 60084 BALTIMORE MD 21297-1051 ESPA1 1-503-293-4634 SAU NAS CA 93912-0064 Manage y r account online at: .orchardbank.com 110201 A 02 0000000508 G STMT07 D B PLEASE DETACH AND RETURN BOTTOM PORTI N WITH YOUR PAYMENT: To Assure Proper Credit Please Write our Account Number On Your Check Account Num er 5440-4550-1205-2513 New Balnnce ;2,060.27 Payment Due Date 06/27/Ofi Current Payment Due ;337.27 Make checks payabl to HSBC CARD SERVICES Please write your account number on your the k. Do not fold, staple or clip. Do not send cash. Please send your payment tc 10 days prior tc the payment due date to ensure timely delivery. Amount Enclosed lBWNHYTS F328012052515/ KEVIN W KEADY 17 UPTON ST HALIFAX MA 02338-1324 HSDC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 12052513000337270020fi0271 O~-[~ KEVIN W KEADY ACCOUNT SUMMA Y ACCOUNT 5440.455 1205-2513 NUMBER CASH CREDR LIMIT f $1,800 CASH LIMB AVAILABLE $0 TOTAL CREDR LIMfr $1,800 TOTAL CREDIT LIMrr SO STATEMENT DATE 10102A8~ L f r Rh r`.rnnelfif I i,nif is nnAinn ..F µe ..bi r.~:. i Page 1 of 2 BALANCE SUMMARY PREVIOUS BALANCE $2,080.46 PAYMENTSJCREDITS - 50.00 PURCHASES/DEBrTS + 530.00 LATE PAYMENT CHARGE + E35.00 MISC. FINANCE CHARGE + $0.00 FINANCE CHARGE + 51.58 NEW BALANCE _ $2,197.04 TRANSACTION SUMMARY (For additional transaction detail go to www.orohardbankcom) TRANS POST TRANSACTION REFERENCE AMOU NT ATE ATE DESCRIPTION NUMBER CHARGES CREDITS 09/30 09130 LATE CHARGE A SESSMENT 19999999980000999790780 535.00 09!13 09/13 OVERLIMRCHA GE ASSESSMENT 19999999980000999580380 E30.00 YOUR ACCOUNT IS NOW PAST DU .PLEASE CALL TODAY TO MAKE YOUR PAYMENT OVER THE PHONE. CALL US AT 800-434-4954 . PERIODIC FINANCE CHARGE SUMMARY This is a grace account. Grace period information on back Balance Subject Daily Days Finance Charges NOMINAL To Finance Charge Periodic in Billing At Periodic ANNUAL Average Daily Balance Rate Cycle Rate PERCENTAGE RATE PURCHASES 52,129.45 0.08353% 29 $51.58 30 49% CASH ADVANCES $0.00 0.00000% 29 50.00 . 29.99% ANNUAL PERCENTAGE RATE" 30.490% '"May be higher then Nominal Pence ge Rate if statement includes misc. finance charges. / MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 110201 A 02 0000000508 G PLEASE DETACH AND RETURN #BWNHYTS #328012052515# PAYMENT SUMMARY OVERLIMIT AMOUNT 5397.04 MINIMUM PAYMENT' 579.00 CURRENT PAYMENT DUE' 5478.04 PAYMENT DUE DATE 10/27/08 PAST DUE AMOUNT 5228.00 'See reverse side for an el~lanation of these amounts. I~ QUESTIONS? ®MAIL INQUIRIES TO: 24HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES ENGLISH 1-503-293-4037 PO BOX 80084 ESPAIVOL 1503-283-4834 SALINAS CA 93912-0084 ~ Manage your arxount online at: www.orchardbank.com )7 D B 00022497 ODS1 PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Axount Number On Your Check lew Balance 52,197.04 layment Due Date 10/27/08 Current Pa meat Due 5478.a Make checks payable to HSBC CARD SERVICES. Please wrke your account number t1n your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 to10 days prior to the payment due date to ensure timely delivery. Amount Enclosed KEVIN W KEADY 17 LIPTON ST 1~ALIFAX IfA 02338-1 24 ~~~unr~r~n~~nr~~r~n~nr ~~n~~nr~r~r~n~ur~~~nr~r~~n~ 638C CARD SERVICES PO ]307{ 17051 13AI.TIMORE MD 21297-1051 ~n~r~nr~~n~r~~r~n~nr~nr~~~~nu~r~un~~n~r~~ 544045501205251300047604002197045 Ot~C~ K' Page 2 of 2 KEVIN W KEADY Important Information IMPORTANT NOTICE OF HANGE IN TERMS In order to more accurately describe the charge, please note that the Monthly Maintenance Fee Fi nce Charge disclosed in your Cardmember Agreement will now be referred to as Closed At:couM Service Fee Fina Charae- / MAIL PAYMENTS TO: '~ QUESTIONS? HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATION ®MAIL INQUIRIES TO: PO BOX 17051 ENGLISH 1503.293-0037 HSBC CARD SERVICES BALTIMORE MD 21287-1051 ESPAIVOL 1503-293-4894 PO BOX 80084 SALINAS CA 93912-0084 ~ Manage your account online at: www.orchardbank.com 110201 A 02 0000000508 G MT07 D B 00022497 ODS1 PLEASE DETACH AND RETURN BO M PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check KEVIN W KEADY ACCOUNT CASH CREDR LIMB 1 CASH UMfr AVAILABLE TOTAL CREDIT LIMfi TOTAL CREDR LIMfr AVAILABLE STATEMENT DATE h Cash Credit Limit is a o< 51,800 Et1 $1,800 $0 11!02/06 tat CredR Limit TRANSACTION SUMMARY (For additional transaction detail go Eo www.orchardbankcom) TRANS POST TRANSACTION REFERENCE AMOUNT DAT DATE DESCRIPTION NUMBER CHARGES I CREDITS YOUR ACCOUNT IS NOW PAST DU .PLEASE CALL TODAY TO MAKE YOUR PAYMENT OVER THE PHONE. CALL US AT 800434-4954. I PERIODIC FINANCE CHARGE SUMMARY This is a grace account Grace period information on back PURCHASES CASH ADVANCES ANNUAL PERCENTAGE RATE"' "May be higher then Nominal Pei ~ MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 110201 A 02 0000000508 G PLEASE DETACH AND RETURN f16WNHYTS #328012052515# KEVIN W KEADY 17 TJPTON ST HALIFAX MA 02338-15 r~rtrlrl~~llr~rll~lr~l~rrl Balance Subject Daily To Finance Charge Periodic Average Daily Balance Rate 52,224.79 0.08353% 50.00 0.00000% 30.4911 Rate fi statement includes misc. finance charges. PAYMENT SUMMARY OVERLIMITAMOUNT 5454.65 MINIMUM PAYMENT' 566,00 CURRENT PAYMENT DUE` 5540.65 PAYMENT DUE DATE 11127108 PAST DUE AMOUNT 5307.00 `See reverse side for an e~lanation of these amounts. Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE 52,197.04 PAYMENTSlCREDfTS - 50.00 PURCHASESlDEBfTS + $0.00 LATE PAYMENT CHARGE + 50.00 MISC. FINANCE CHARGE + $0.00 FINANCE CHARGE + 57.61 NEW BALANCE = 52,254.65 Days Finance Charges NOMINAL in Billing At Periodic ANNUAL Cycle Rate PERCENTAGE RATE 31 $57.81 30.49% 31 50.00 29.99% 'Q QUESTIONS? ®MAIL INQUIRIES TO: 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES ENGLISH 1-5032934037 PO BOX 80084 ESPAIVOL 1503-293.4834 SALINAS CA 93912-0084 fl Manage your account online at: vwvw.orchardbank.com 17 D B 00008545 ODS1 PORTION WITH YOUR PAYMENT: To Assure Proper CredR Please Write Your Account Number On Ycur Check ~:QS,II1t~I1111'I (~f ? ~ ? ? `: ~ E E ~ ~ E ~ ~~.r4Q9='~~~=?,~i~l: Levu Balance 52,254.85 ryment Due Date 11/27/06 Current Payment Due 5540.6: Make checks payable to HSBC CARD SERVICES. Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 to10 days prior to the payment due date to ensure timely delivery. Amount Enclosed II II III I III I II I Hssc cARD sERVlcss ~~ nrrrunr nr~ n PO BOX 17051 BALTIMORE MD 21297-1051 It~I~I1rJI~~LILL1Lt~L1tIIILr1~LI~r1JL~1111 544045501205251300054065002254659 o KEVIN W KEADY ACCOUNT SUMMAF ACCOUNT 5440.455( NUMBER CASH CREDR LIMIT Y CASH LIMIT AVAILABLE TOTAL CREDIT LIMB TOTAL CREDrT LIMB AVAILABLE STATEMENT DATE + r eti c..da r ~..,~. ~- 51,800 50 $1,800 50 12/03/08 L PAYMENT SUMMARY OVERLIMIT AMOUNT 5513.78 MINIMUM PAYMENT' 588.00 CURRENT PAYMENT DUE' 5801.78 PAYMENT DUE DATE 12/28/08 PAST DUE AMOUNT 5393.00 'See reverse side for an e~lanation of these amounts. Page 1 of t BALANCE SUMMARY PREVIOUS BALANCE $2,254.85 PAYMENiSlCREDRS - 50.00 PURCHASES/DEBITS + $0.00 LATE PAYMENT CHARGE + 50.00 MISC. FINANCE CHARGE + 50.00 FINANCECHAROE + 59.13 NEW BALANCE = 52,313.78 TRANSACTION SUMMARY (For additional transaction detail go tp www.orchardbankcom) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES I CREDITS PERIODIC FINANCE CHARGE SUMMARY This is a prate account. Grace period information on back Balance Subject Daily Days Finance Charges NOMINAL To Finance Charge Periodic in Billing At Periodic ANNUAL Average Daily Balance Rate Cycle Rate PERCENTAGE RATE PURCHASES $2,283.13 0.08354% 31 $59.13 30 49% CASH ADVANCES $0.00 0.00000% 31 E0.00 . 29.89% ANNUAL PERCENTAGE RATE" 30.490% "May be higher then Nominal Perce a Rate R statement includes misc. finance charges. ~/ MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 1102011 02 0000000508 G PLEASE DETACH AND RETURN f1BWNHYTS #328012052515# r~ QUESTIONS? ®MAIL INQUIRIES TO: 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES ENGLISH 1-503-293.4037 P0130X80084 ESPAIVOL 1-503-283.4834 SALINAS CA 93912-0084 Q Manage your atxourrt online at: www.orchardbank.com 107 D B 00014841 ODS1 M PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check 0.xount Number 5440550-1205-251: lew Balance 52,313.78 'ayment Due Date 12/28/06 Current PavmeM Due 8601.7 Make checks payable to HSBC CARD SERVICES. Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 to10 days prior to the payment due date to ensure timely delivery. Amount Enclosed KEVIN W KEADY 17 LIPTON 8T BALIFAX MA 02338-1 24 IIIIIIIIIIIIIIIIIIIIIIIII111 IIIII~111'I~III II111'I'IIIII'~III HSBC CARD SSRVIC83 PO HOX 17051 BALTIMORE MD 21297-1051 IIIIII111'Iilll"II11'111I111II1I11111111111'IIIIIII 544045501205251300060178002313789 ~' LVNV FUNDING, LLC 15 South Main Street, Suite 500 Greenville, SC 29601 Plaintiff v. KEVIN KEADY 101 May Drive Apt. 6 Camp Hill, PA 17011 Defendant COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA No: 10-3213- CIVIL TERM n ^,a NOTICE TO PLEAD `=-- ~~ ~ `' To: LVNV Funding, LLC - c/o David J. Apothaker, Esquire ~ _ ~ r~' Apothaker and Associates, P.C. '~ ~~ 520 Fellowship Road C306 ~ s - Mount Laurel, NJ 08054 = "'_ ~ ` -- Sl ~- ti. You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: '~ oZ Respectfully miffed, Michael J~/P~CkOSl~squire I . D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Kevin Keady Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mp k~osh~%dplglaw,com Attorney for Defendant LVNV FUNDING, LLC :COURT OF COMMON PLEAS 15 South Main Street, Suite 500 :CUMBERLAND COUNTY, PENNSYLVANIA Greenville, SC 29601 Plaintiff v. No: 10-3213- CIVIL TERM KEVIN KEADY 101 May Drive Apt. 6 Camp Hill, PA 17011 Defendant DEFENDANT'S, PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Kevin Keady, by and through her attorneys, DETHLEFS-PYKOSH LAW GROUP, by Michael J. Pykosh, Esquire, and hereby files Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. On or about May 14, 2010, a Civil Complaint was filed at Docket Number 10-3213 Civil Term. 2. Defendant filed Preliminary Objections to Plaintiff's Complaint on June 22, 2010. 3. On or about July 16, 2010, Plaintiff filed an amended Complaint. 4. Defendant now files the instant Preliminary Objections to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028. PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(a)(2) 5. Paragraphs 1 through 4 are incorporated herein by reference as though fully set forth below. 6. Pa. R.C.P. 1028(a)(2) allows a party to preliminarily object to a pleading if the pleading fails to conform to law or rule of court. 7. Plaintiff s Complaint fails to conform to Pennsylvania Rules of Civii Procedure and Cumberland County Local Rules. 8. Plaintiff has failed to attach a copy of the writing, more specifically the Loan/Credit Agreement, or the material part thereof, or, in the alternative, state, with the reason that the writing or copy thereof is not accessible to the Plaintiff and the substance of the writing in violation of Pa. R.C.P. 1019(1). See Remit Corporation v Miller 5 Pa. D&C 5th 43 9. Plaintiffs Complaint is in violation of Pa. R.C.P. 1019 (a) and (f) in that Plaintiff's Complaint fails to provide the specifics of the alleged credit card purchases or charges and application of interest and late charges. Remit Corporation v Miller 5 Pa. D&C 5th 43. See also Capital One Bank v Clevenstine, 7 Pa. D&C. 5th 153. WHEREFORE, for all the reasons set forth above, Defendant, Kevin Keady, respectfully requests that this Honorable Court sustain Defendant's Preliminary Objections, and dismiss Plaintiff's Complaint for failing to conform to law or rule of court pursuant to Pa. R.C.P. 1028(a)(2). PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(a)(3) 10. Paragraphs 1 through 9 are incorporated herein by reference as though fully set forth below. 11. Pa. R.C.P. 1028 (a)(3) allows a party to object to a pleading if there is insufficient specificity in a pleading. 12. Plaintiff has not set forth sufficient facts regarding Defendant's Agreement relative to either the total amount due and that Defendant has agreed to pay the amount to Plaintiff. See Capital One Bank (USA), NA v Patricia L. Clevenstein No. 2008-4139 (Centre County 2009). WHEREFORE, for all the reasons set forth above, Defendant, Kevin Keady, respectfully requests that this Honorable Court sustain Defendant's Preliminary Objections, and strike Plaintiffs Complaint for failure to comply with Pa. R.C.P. 1028(a)(3). PRELIMINARY OBJECTIONS PURSUANT TO Pa. R.C.P. 1028(a)(5) 13. Paragraphs 1-12 are incorporated herein by reference as though fully set forth below. 14. Pa. R.C.P. 1028(a}(5) allows a party to object to a pleading if the Plaintiff lacks capacity to sue, nonjoinder of a necessary party, or misjoinder of a cause of action. 15. Plaintiff has failed to establish standing in that Plaintiff has not attached a properly executed assignment to support the allegation that Plaintiff is the successor to the original creditor. See Atlantic Credit and Finance. Inc. v Carmen L. Giuliana and Patricia Wilson a/k/a Patricia A. Maurizo 2003 Super 259; 829 A 2d 340 (PA Super 2003). WHEREFORE, for all the reasons set forth above, Defendant, Kevin Keady, respectfully requests that this Honorable Court sustain Defendant's Preliminary Objections, and dismiss Plaintiffs Complaint for lack of capacity to sue pursuant to Pa. R.C.P. 1028(a)(5). Date: ? (~ Respectfully Su ed, Mic ael J. P quire I . D. # 5885 2132 Market Street Camp Hill, Pennsylvania 17011 (717}975-9446 LVNV FUNDING, LLC 15 South Main Street, Suite 500 Greenville, SC 29601 Plaintiff v. KEVIN KEADY 101 May Drive Apt. 6 Camp Hill, PA 17011 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 10-3213- CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Kevin Keady, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: LVNV Funding, LLC c/o David J. Apothaker, Esquire Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 RespECtfully Submitted, Date: `~ ~~ 7 /~D Michael J. Py~Cgjs~(i, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant VERIFICATION I, Kevin Keady, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my know{edge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~ f ,z 7 / ld Kevi Kea ,CAI A, Our File No.: 247116 LVNV FUNDING LLC } Plaintiff ) •? vs. ) KEVIN KEADY ) Defendant ) FlLEI?"'`?tC? MOSS r t;OUN1Y NO.: 10-3213 CIVIL NINS'01 VANA 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: Defendant's Preliminary Objections 2. Counsel who will argue cases: Benjamin J. Cavallaro, Esquire Attorney for Plaintiff MICHAEL PYKOSH Attorney for Defendant 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 2132 MARKET STREET CAMP HILL, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. ,j 4. Argument Court Date: Next Available. ?/ BY: Dated: August 26, 2010 J. Cavallaro, Esquire Attorney for Plaintiff INSTRUCTIONS: 1. Original and 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. T) f LVNV FUNDING, LLC 15 South Main Street, Suite 500 Greenville, SC 29601 Plaintiff V. KEVIN KEADY 101 May Drive Apt. 6 Camp Hill, PA 17011 Defendant !SEP 3 0 Z010 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 10-3213- CIVIL TERM ORDER AND NOW, this 30` day of 2010, upon consideration of the Motion for Continuance from the counsel for the Defendant, it is hereby ordered that the argument originally scheduled for Wednesday, October 6, 2010 is continued. Either party may re-list this matter for Argument at a future time. BY THE COURT: J. • T ? [ 1 t C .? 1 V A`4 & it - t La a wz ?3D?i0 L? 41 cal ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT ~~..~~:"fit' ~~C~ (Must be typewritten and submitted in triplicate) (~~ ~~~±~ ~~~'~~~'{~~TA~~r TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter f~$E~~ct ~ ~~~ ~' ~~' Argument Court.) ~"~~ ~~~~~~(~~ COIIF~~'~ ------------------------------------------------------------------------------------------------------------------ - ;-~ I ~ P 1 CAPTION OF CASE ~ ~~,)'~~~~,~,'~l~~~t (entire caption must be stated in full) LVNV Funding, LLC vs. KEVIN KEADY No. 2010-3213 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Benjamin Cavallaro, Esquire 520 Fellowship Road, Mount Laurel, NJ 08054 (Name and Address) (b) for defendants: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 (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: December 15, 2010 Signa ure Michael J. Pykosh, Esgquire Print your name Defendant 10/04/2010 Attorney for Date: INSTRUCTIONS: 1. Original and 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. #48. LVNV FUNDING LLC, Plaintiff V. KEVIN KEADY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3213 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OLER, GUIDO, JJ. ORDER OF COURT =w =M ? e;,;. AND NOW, this 3RD day of JANUARY, 2011, after review of the pleadings as C? x? C:) W well as the briefs filed by the parties in support of their respective positions, and having heard argument thereon we are satisfied that the instant case is factually indistinguishable from Arrow Financial Services v. Witmer, 59 Cumb. L.J. 154 (2010). Defendant's Preliminary Objections are SUSTAINED. B .. ourt, f Edward E. Guido, J. 'Benjamin J. Cavallaro, Esquire A AI f1 IV` Michael Pykosh, Esquire nOPIit d 0b Court Administrator - in bin rn - rrl -?C, -n e a -s1 :.a