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Home My WebLink About10-4876SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~g~~,tp of t~It11r$p!"/~~ ~ '~ ,~~ r y~~ .~..,~ ~~icE -:F r~r s~~>:a(rr ti .f' _ '~ Tj ~ . I'' _ .~.r Jody S Smith Chief Deputy Richard W Stewart Solicitor A~C~ y P~ t '• ~! ~~ r ~ ( ,_ . Ge Finance-Post vs. Alice Golden Case Number 2010-4876 SHERIFF'S RETURN OF SERVICE 07/29/2010 05:01 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 29, 2010 at 1701 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alice Golden, by making known unto herself personally, at 15 Briar Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 August 03, 2010 AMANDA COBAUGH, DEPUTY SO ANSWERS, ``~. RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) ( A- +A1- TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for ;the next Argument Court.) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) GE MONEY BANK, Plaintiff, 'n vs. ALICE GOLDEN, -- Defendant. No 10-4876 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 to Plaintiffs Complaint. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Gordon & Weinberg, P.C. By: Frederick I. Weinberg, Esq.,#41360; Joel M. Flink, Esq. #41200 (Name and Address) 1001 Hector Street, Ste 220 Conshohocken, PA 19428 (b) for defendants: Kerrigan Legal Services By: Megan A. Kerrigan, Esq. #307279 (Name and Address) P.O. Box 680, Harrisburg, PA 17108-0680 3. 1 will notify all parties in writing within two days that this case has been listed for argument. -le 4. Argument Court Date: Date: C/ Print your name ,367 a-7'7 Defendant Attorney for 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. Kerrigan Legal Services By: Megan A. Kerrigan, Esquire Attorney for Defendant No.: 307279 P.O. Box 680 Harrisburg, PA 17108 Phone: 717-557-5470 Fax: 717-585-6557 megankerriganlaw@gmail.com AUG I g PM N= 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK Plaintiff, vs. ALICE GOLDEN, Defendant. No.: 10-4876 CIVIL CIVIL ACTION-LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Ms. Golden, by and through her attorney, Megan A. Kerrigan, Esquire, and makes the following preliminary objections to Plaintiffs complaint pursuant to Pa. R.Civ. P. 1028(a)(2) and (a) (3) on the grounds of insufficient specificity and failure to conform to law or rule of court, for the following reasons: COUNT I - LACK OF SPECIFICITY 1. On July 26, 2010 Plaintiff initiated this matter by filing a Complaint in Civil Action. 2. The Complaint alleges that Defendant is liable to Plaintiff for a credit card debt, in the amount of $3,528.14 plus interest, attorney's fees, and costs. 3. The Complaint lacks the requisite degree of specificity in that it seeks recovery of a specific amount of money that is allegedly due without offering sufficient documentation or other explanation to support the averment that the alleged amount is due, including but not limited to the dates or amounts of the purchases or other charges that are part of the claim, the dates and amounts of interest charges that are part of the claim, and the dates and amounts of credits for payments, if any. By virtue of this failure, the Complaint fails to set forth the material facts upon which the claim is based. 4. The Complaint further lacks the requisite degree of specificity in that it fails to set forth the contractual basis for the claims for interest or attorney's fees. WHEREFORE, Defendant requests pursuant to Pa. R.C.P. 1028(a)(3) that this Court strike or dismiss Plaintiffs Complaint, and that it grant such other relief as is just and proper. COUNT 2 - FAILURE TO STATE WHETHER AGREEMENT IS ORAL OR WRITTEN 5. All previous allegations are incorporated herein by reference. 6. The Complaint fails to comply with Pa. R.Civ. P. 1019(h) in that Plaintiff fails to state whether any agreement upon which the claim is based is oral or written. WHEREFORE, Defendant requests pursuant to Pa. R.C.P. 1028(a)(2) that this Court strike or dismiss Plaintiffs Complaint, and that it grant such other relief as is just and proper. COUNT 3 - FAILURE TO ATTACH WRITING 7. All previous allegations are incorporated herein by reference. 8. R.C.P. 1019 (i) requires that "when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." 9. To the extent that any agreement upon which Plaintiff asserts the claim is based is written, the Complaint fails to comply with Pa. R.Civ. P. 1019(i) in that Plaintiff did not attach to the Complaint the writings upon which the claim is based, including but not limited to any written, signed credit card agreement and any written assignment of account from the original creditor to Plaintiff, and Plaintiff did not otherwise comply with the requirements of Pa. R.Civ. P. 1019(i). WHEREFORE, Defendant requests pursuant to Pa. R.C.P.1028(a)(2) that this Court strike or dismiss Plaintiffs Complaint, and that it grant such other relief as is just and proper. COUNT 4-FAILURE TO PROVE PLAINTIFF'S RIGHT TO BRING ACTION IN THE COURTS OF THIS COMMONWEALTH 12. All previous allegations are incorporated herein by reference. 13. Pursuant to 15 Pa. C.S. 4141(a), a foreign corporation doing business in Pennsylvania "shall not be permitted to maintain any action or proceeding in any court of this Commonwealth until the corporation has obtained a certificate of authority". Atlantic Credit & Finance, Inc. v. Stern, 829 A.2d 340, 341 (Pa. Super. 2003). 14. Plaintiff, a foreign corporation with its principal place of business in Georgia, has not alleged in its Complaint that it is registered to do business in Pennsylvania or that it has obtained a certificate of authority from the Commonwealth. WHEREFORE, because Plaintiff failed to allege or prove that it is registered to do business in Pennsylvania or that it has obtained a certificate of authority, under 15 Pa. C.S. 4141(a), Plaintiff does not have a right to bring an action in the courts of this Commonwealth, and pursuant to Pa. R.C.P. 1 (a)(4), the Complaint must be dismissed as a matter of law. Date: 12e pectfully su m tte . `Megan A )Kerrigan, Es re Attor y for Defendant No.: 307279 P.O. Box 680 Harrisburg, PA 17108 Phone: 717-557-5470 Fax: 717-585-6557 megankerriganlaw@gmail.com CERTIFICATE OF SERVICE I, Megan A. Kerrigan, Attorney for Defendant, certify that I served a copy of Defendant's Preliminary Objections by first class mail, postage prepaid, on the date below, addressed to: Gordon & Weinberg, P.C. Frederick I. Weinberg, Esquire 1001 E. Hector Street, Ste 220 i Conshohocken, PA 19428 Date: `.- i KERRIGAN AL SERVICES BY: MEGAN A. KERRIGAN, ESQUIRE ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF Plaintiff GE Money Bank CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Defendant Alice Golden No. 2010-4876 CIVIL TERM C'') C N O O -TI '17 3"i. Z? _ O CZ) ? M? rC3 C7 ?.' ORDER OF COURT ?z o o° IN RE: ARGUMENT COURT ao z- D Z C) --i N D -< AND NOW, this 9 h day of December, 2010, the case listed above has been __j ? stricken from the 12/15/2010 Argument Court List due to the listing party's failure to file a brief in accordance with Cumberland County Local Rule 1028 (c) (5). By the Court, A. Hess, P.J. David -D. Buell- Prothonotary uelrProthonotary Office of the Prothonotary Cum6er[ancf County, Pennsylvania 7(irkS. Sohonage, ESQ Solicitor !U - 4/(3 /no CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® CarCzsfe, TA 0 Phone 717 240-6195 0 Ea)(717 240-6573