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Home My WebLink About10-6772SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~6tii,,tp nt' ~urr~~rl,~J~~ Jody S Smith Chief Deputy •-~' ~ .`r< Richard WStewart - SOiICltOf ~FFI."~ ~~ trrE ~~ERiF~ GE Money Bank vs. William Nickey Case Number 2010-6772 SHERIFF'S RETURN OF SERVICE 10/26/2010 05:15 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 26, 2010 at 1715 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Nickey, by making known unto Mary Nickey, Wife of defendant at 60 Gordon Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BI ER, EPUTY SHERIFF COST: $33.40 October 27, 2010 SO ANSWERS, ,.., Y ~~ RON ~ R ANDERSON, SHERIFF ~:..'.~ 1.... f....a G:C,] '~"6 ..::~.: ~ ~~ 4.~~ ~r .`.~ , , .s+. ~g r ~~ .~ C.J ^ C3 • _^~: !ct Gouni,5uitr Shenff, Tele.^s«ft. Inr,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK Plaintiff CIVIL ACTION - LAW v. WILLIAM NICKEY Defendant NO. 10-6772 Petition to Enter Appearance --<? ' cry _ Please enter my appearance as the attorney representing the Defendant, William Nickey, in the above captioned case. y submitted, i"/ N J es Vincent Natale, F #208790 arold Shepley & Assoc., LLC 09 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK Plaintiff CIVIL ACTION - LAW V. WILLIAM NICKEY Defendant NO. 10-6772 DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P.1028 l - Ma ;,, M CD j n fry AND NOW COMES the Defendant, William Nickey, by and through his attorney, James Vincent Natale, Esquire, and makes this Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028 as follows: COUNT I 1. Plaintiff claims that Defendant used the alleged credit card. 2. Plaintiff failed to specifically state the dates of the alleged purchases 3. Plaintiff failed to specifically state the place where the alleged purchases were made. 4. Plaintiff failed to specifically state what items were allegedly purchased. 5. Plaintiff failed to specifically state the amount purchased for each item. 6. Plaintiff failed to specifically state the dates of any alleged cash advances. 7. Plaintiff failed to specifically state the amounts of each alleged cash advance. 8. Plaintiff failed to specifically state the dates that Plaintiff alleges that Defendant made payment on the alleged account. 9. Plaintiff failed to specifically state the amounts of the payments that Plaintiff alleges were made by Defendant. 10. Plaintiff has failed to provide sufficient documentation and allegations to permit the Defendant to calculate the total amount of damages that are allegedly due, and there for Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(a) and Pa.R.C.P. 1019 (f). 11. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Complaint or dismiss this action with prejudice. COUNT II 1. Plaintiff basis its claim on an alleged agreement. 2. Plaintiff failed to specify whether the agreement is oral or written as required by Pa.R.C.P. 1019(h). 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Complaint or dismiss this action with prejudice. COUNT III 1. If the contents of the pleading is based upon a writing, then Plaintiff has failed to attach a copy of the original agreement and all amendments to said agreement, or provide a reason why the original agreement and all amendments to said agreement are not accessible and set forth the substance of the writings.. 2. Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(1). 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Complaint or dismiss this action with prejudice. COUNT N 1. The verification of Plaintiff s complaint was signed by Frankie Dunn. 2. The verification fails to specify Frankie Dunn's relationship to the Plaintiff other than the statement that he is an agent and explain why he is authorized to make this verification. 3. Pa.R.C.P. 1024 requires that all pleadings setting forth new allegations be verified by the pleading party. 4. The exception to Pa.R.C.P. 1024 does not apply to the Plaintiff, because although the Plaintiff is outside the jurisdiction, there was no time limit for the filing of the complaint. 5. Plaintiff s complaint fails to conform to law or rule of court, Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Complaint or dismiss this action with prejudice. Respectfully submitted, P #208790 azold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK Plaintiff CIVIL ACTION - LAW V. NO. 10-6772 WILLIAM NICKEY Defendant CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Preliminary Objections, and Brief by U.S. Mail, postage prepaid, at 1001 E. Hector Street, Ste 220, Conshohocken, PA 19428 on Frederic I. Weinberg, Esq., & Joel M. Flink, Esq. the attorneys for the Plaintiff, GE Money Bank on November 10, 2010. I declare under penalty of perjury that this information is true. Date: l k-10 -k o = 1nQkk n 1]SZ.t ,> t Server's Signature Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset. PA 15501 Server's Address 2089952 s GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 GE MONEY BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY C -v ? rnaD XM a?O ?A C ? a. o --1 za> ?rn QCs C) i _-1 c) r„? -rt n r.y vs. DOCKET NO. : 10-6772 William Nickey SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 15Novll, it is suggested of record that 0 c N "O 3 O Defendant, William Nickey, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about November 9, 2011, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 11-07573. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY FREDERIC I. WEINBERG, ESQUIRE JOEL M. ZJANK ESQUIRE Attorney for Plaintiff David D. Buell' Prothonotary Office of the Prothonotary Cum6erfand County, Tennsyfvania 7irkS. Sofionage, o'SQ Solicitor /0 -10 117;)- 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 • Suite100 5 CarfzsCe, TA .5 Phone 717 240-6195 • EaX 717 240-6573