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HomeMy WebLinkAbout10-7527THIS IS AN ASSESSMENT 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 Conshohocken, PA 19428 484/351-0500 VION HOLDINGS LLC 5555 GLENRIDGE ATLANTA, GA 30328 vs. LAURA E BOISVERT 623 BROOKHAVEN RD NEW CUMBERLAND PA 17070-1706 NOTICE DOCKET NO. 1U - 7S'.2'r 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 JUDGEMENT 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 \~`-/ 32 S. BEDFORD STREET CARLISLE, PA 17013 ~g2,vv ~.A~F- (717 ) 2 4 9- 316 6 e Kam- si9CJ 2086313 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. n nJ ~-~ -= ~ : i --~ CTl ~7 t ; _.... ~~' ~ ~~ -C ~ rn ~ r~ - -a c~ ~~ ~~ ~ '~ ~~~ .~ o ~ c~ =y C N ~ f~"t ~ ~ N ~ ~ -C `~ -<, COURT OF COMMON PLEAS CONNECTOR, CUMBERLAND COUNTY COMPLAINT IN CIVIL-ACTION 1. Plaintiff, VION HOLDINGS LLC a debt buyer and successor in interest to the original creditor, CHASE BANK USA N.A.. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant(s)received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of 10/21/10 in the amount of $7,904.40. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 4/28/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,904.40 plus applicable costs, interest and attorney's fees. CORDON & WEINBERG, P.C. BY: FREDERIC I. WEI RG, ESQUIRE JOEL M. FLINK, ES IRE Attorney for Plaintiff POlP. DB EXHIBIT "A" 2086313 VION HOLDINGS LLC LAURA E BOISVERT 4388540013936918 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. ~~ CHRIS ASBROCK ~f EXHIBIT "A" 2086313 VION HOLDINGS LLC LAURA E BOISVERT 4388540013936918 State of Illinois County of Cook AFFIDAVIT I, CHRIS ASBROCR, being duly served sworn according to law, depose and say that: 1. I am the authorized representative of All Gate Financial, LLC who is the record holder for the plaintiff VION HOLDINGS LLC which is the successor in interest to CHASE BANK USA N.A. and I have custody and control of the files relating to this account; 2. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $7,904.40 plus interest of $.00 at the rate of 0~ less credits in the amount of $.00 totaling $7,904.40 as of October 6, 2010. 5. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to s of my knowledge, information and belief. CHR ROCK Sworn to and Subscribed before me this ~~~ day of ® L~f~21-tom , 2010 otncbl seal ¢"""~' /1 Came Becharas i / _ t~ -- Notary Public ~~'e- State of IlHrtals My Co4/1212 sir ~irea Notary Public .~.,~,;,r_.,...,-,.., Original Registry Date: 2009/10/30 Registry ID Number: 9990000629286918 IlssuerAccountNumber: j._.._.__..____._.._....._ ...................._.___.__........._..__......___._. 4388540013936918 ~ Original Issuer: !CHASE BANK USA, N.A. Open Date: 2006/10/24 ___ Delinquency Date: 2008/05/23 ~ ~ __-`---~--__.1 _ ~ _.-- I Charge Off Date: ~u 2008/11/30 Original Charge-Off Balance: $ 7,904.40 Principal Balance at Charge-Off ______.._ - -~~_~_~ $ 6,370.32 ~~ ~ Interest at Charge-Off: i._.___ ~~-___._.______~~_.__._. _____ _.___._.__ _.._ _.___.- $ 1,534.08 -. ... _ ' Charge-Off Fees: ; rCharge-Off Other: ~~ Y---- -- ---~ Interest Rate at Charge-Off: ___ Media Available: __~.~ Y . ~. __.____..._ . ligible for Resale: Y _. __ _........._. ____ ~. _.__.._......._....___.._-1 - Account Holder Information Debtor Last Name: ~ BOISVERT _ _ Debtor First Name: _ LAURA E ~ Debtor Middle Name: ~ ~~~~J~ -~ rSocial Security Number: ~ ~_._ ____.. Co-Debtor Name: Co-Debtor SSN: Chain of Ownership Summary CHASE BANK USA, N.A. 2009/10/30 VION HOLDINGS, LLC 1000039 i 7,904,40 3U\ 1000041 S 7,904.40 ~__~._ _ I Last Payment Date: _ 20 /80 04/24 ~~~~ i~.. __....__......._....._.....____.____.............._._.__.____.._._.___.__ ___._ Last Payment Amount: ~~~~--__.____~-~~~-___._. $ 140.00 Last Scrubbed Date: _ - Date of Last Registry Update: 2009/10/30 ~ ~ Disposition Code *: f.._....._ ...._.._....._.._._.___. ____..._ ..._.. __....._._._. __ ..._ ~ ........._. _. __.__.._...._...._._..___.___. ~ *for Service Level and Disposition Codes please rofer to www.GlobalDebtRegistry.com/terms Global Debt Registry ®2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED'O FICA Sheriff , t• TH,F PP0T?'t?t?o Jody S Smith ?? D? 2D p 2• Chief Deputy •- Richard W Stewart UM8ERLAND t?C CoUqu°f Solicitor - l NSYL.VA Vion Holdings, LLC vs. Laura E. Boisvert Case Number 2010-7527 SHERIFF'S RETURN OF SERVICE 12/09/2010 07:51 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 9 2010 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Laura E. Boisvert, by making known unto herself personally, at 623 Brookhaven Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 December 13, 2010 DENNIS FRY, DEP SO ANSWERS, 22 RON W? R ANDERSON, SHERIFF 400-- PLC, -owl tc_ auto Aril io: al PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) 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) Vion Holdings, LLC vs. Laura E. Boisvert No. 10- 7527 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Complaint 2. Identify all counsel who will argue cases (a) for plaintiffs: Frederic I. Weinberg, Esquire; Joel M. Flink, Esquire Gordon & Weinberg, P.C(, T88Ttddrss6or Street. Ste 220 Consohocken,PA 19428 (b) for defendants: Ashley M. Derr, Esquire; Irene M. Costello, Esquire (Name and Address) 1. Murphy Firm, 210 Grant Street, Pittsburgh, PA 15219 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature Ire M. stello, Esquire Deb4i"d a nt Attorney for Date: x/_2/2010 ?Kn 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. ,r• ^ t 4. ff argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Vion Holdings LLC, Plaintiff(s) Docket No.: 10-7527 V. Laura E.. Boisvert, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esquire Pa. Supreme Court I.D. 306604 R??s of- -4 Q010 Am /z)* '-;Z1 a", 0"?5. 4 "-71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Vion Holdings LLC, Plaintiff(s) V. Laura E. Boisvert, Defendant(s) Docket No.: 10-7527 CERTIFICATE OF SERVICE I, Ashley M. Derr, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing P ELIMINARY OBJECTIONS TO COMPLAINT' B IEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Frederic I. Weinberg Gordon and Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken,Ra 19428 Respectfully S?b?nitted,__? Ashley M. err v Tuesday, ecember 21, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Vion Holdings LLC, Plaintiff(s) Docket No.: 10-7527 V. Laura E. Boisvert, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Ashley M. Derr, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. { . 6. The foregoing amounts to a violation of PA. R.C.P. §1019(i). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 8. The Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 9. Although the Complaint references an assignment, succession of interest, debt buying arrangement, or the Nike, no copy of said agreement is attached thereto. 10. The foregoing amounts to a violation, inter alia, of Pa. R.C.P. §1019(i). 11. Pursuant to Pa. R.C.P. §1028(a)(2), the Complaint is the proper subject of preliminary objections for failure to comply with rule 1019(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 12. Pa. R.C.P. 1019(f) requires, inter alia, that items of special damage be pled with specificity. 13. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fees, fines, interest, and the like. 14. In the context of a credit card case, the requirements of 1019(f) are normally met by attaching copies of an un-interrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 15. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying the case. 16. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019(f), and the proper subject of preliminary objections, pursuant to Pa.R.C„P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complainte stricken, and the Plaintiff be required to plead over in accord with the 110I$5 of Court. Respectfully $ubMitted, Ashley M. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Vion Holdings LLC, Plaintiff(s) Docket No.: 10-7527 V. Laura E. Boisvert, Defendant(s) - ORDER - On this day of , 20_ , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS LLC, Plaintiff(s) V. LAURA E. BOISVERT, Defendant(s) Docket No.: 10-7527 `.j ::j M ' s C 1 - C3 -rj PRELIMINARY OBJECTIONS T K a c`i COMPLAINT - r - i -G C-^. C :ti3 Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esquire Pa. Supreme. Court I.D. 306604 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS LLC, Plaintiff(s) Docket No.: 10-7527 V. LAURA E. BOISVERT, Defendant(s) CERTIFICATE OF SERVICE I, Ashley M. Derr, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing 13PRELIMINARY OBJECTIONS TO COMPLAINT" ETBRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT 13'MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Frederic I. Weinberg Gordon and Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, Pa 19428 Resp,ectfully Submitted, 'hley M. Derr esday, December 28, 2010 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS LLC, Plaintiff(s) Docket No.: 10-7527 V. LAURA E. BOISVERT, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the 1. Murphy Firm, and Ashley M. Derr, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §1019(i). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 8. The Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 9. Although the Complaint references an assignment, succession of interest, debt buying arrangement, or the like, no copy of said agreement is attached thereto. 10. The foregoing amounts to a violation, inter alia, of Pa. R.C. P. §1019(i). 11. Pursuant to Pa. R.C.P. §1028(a)(2), the Complaint is the proper subject of preliminary objections for failure to comply with rule 1019(1). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 12. Pa. R.C.P. 1019(f) requires, inter alia, that items of special damage be pled with specificity. 1?.. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fees, fines, interest, and the like. 14. In the context of a credit card case, the requirements of 1019(f) are normally met by attaching copies of an un-interrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 15. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying the case. 16. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019(f), and the proper subject of preliminary objections, pursuant to Pa.R.C,P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. CR (?? - `5 PRAECIPE FOR LISTING CASE FOR ARGUMENT - 7 i (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the r C (D Argument Court.) ,:, C-5 :.,._ n c- -------- - -------------- - -------- - ----- - --------- - - ---- - ------------- - ----- - --- ----------------------------- CAPTION OF CASE U, (entire caption must be stated in full) c? Vion Holdings, LLC vs. Laura E. Boisvert No. 110- 7527 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections to Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Frederic I. Weinberg, Esquire; Joel M. Flink, Esquire Gordon & Weinberg, P C(Narn? E dhie?tor Street. Ste 220 Gon.sohocken, PA I -q42-8 (b) for defendants: - Ashley M. Derr, Esquire; Irene M. Costello, Esquire (Name and Address) 1. Murphy Firm, 210 Grant Street, Pittsburgh, PA 15219 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: n e Ashley M. Derr, Esquire Vint your name _.. - - Defendant Attorney for Date: - --?/28/201Q INSTRUCTIONS: cow,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 rellsted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS, LLC., Plaintiff, V. LAURA E. BOISVERT, Defendant. Case No.: 2010-7527 c-; rTrrn ?c > .Z ORDER =+ AJ G= -!y rn c? i }v r `txr-n ea , --+c, l? r On this Q day of F. Avv , 2011 is hereby ORDERED that Plaintiff s Complaint is stricken. Plaintiff may file an Amended Complaint within thirty (30) days. If Plaintiff fails to file an Amended Complaint within 30 days, the Court, upon Motion of the Defendant, may dismiss this case with prejudice. BY THE COURT: CONSENTED T ENTRY OF THE ABOVE ORDER - 6T&A& 9 1f Ash y M. Derr, Esquire Jo ink, Esquire ?/ J. W -1h4 F'r'A CoPy Ma LW 4191 J. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS, LLC, Plaintiff(s) V. LAURA BOISVERT, Defendant(s) Docket No.: 10-7527 MOTION TO DISMISS CASE WITH PREJUDICE Filed on Behalf of: Defendant Counsel for this Party: Joseph P. Murphy 83120 THE J. MURPHY FIRM 210 GRANT STREET, #301 PITTSBURGH, PA 15219 (412)521-2000 M ??, r- .? °7 CrY - W CD M ? RI61NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS, LLC, Plaintiff(s) V. LAURA BOISVERT Defendant(s) Docket No.: 10-7527 Notice of Presentation Kindly take notice that the within MOTION TO DISMISS CASE WITH PREJUDICE will be pres t Honorable Kevin A. Hess, Cumberland County Courthous arli by mailing same to the Judge's Chambers. bph P. Murphy /11 Certificate of Service I do solemnly swear that a true and correct copy of the within MOTION TO DISMISS CASE WITH PREJUDICE was delivered to the below party or counsel therefore as follows: Frederic I. Weinberg, Esq Gordon & Weinberg, P.C. 1001 E. Hector St, Suite 220 Conshohocken, PA. 19428 [x ] Via First Class U.S. Mail, Postage Pre-Paid [ ] Via Facsimile: [ ] Via Certified U.S. Mail, Postage [ ] Via Express Mail Pre-Paid Carrier: _ Article Number [ ] Via Certified U.S. Mail, Postage [ ] Other Method as follows: Pre-Paid, Return Recei t ted. M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS, LLC, Plaintiff(s) V. LAURA BOISVERT Defendant(s) Docket No.: 10-7527 Motion to Dismiss Case with Prejudice AND NOW, come(s) Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, and bring(s) and files the within MOTION TO DISMISS CASE WITH PREJUDICE, averring in support thereof as follows: 1. On or about 2/9/11, this court entered an order striking the complaint in this case, granting the Plaintiff 30 days' leave to amend, and directing that if the 30 days passed without the filing of an amended complaint, the case could be dismissed with prejudice upon motion of the Defendant. (See Exhibit 1 hereto.) 2. Said 30 days have passed and no amended pleading has been filed. WHEREFORE, Defendant moves that the court enter an order dismissing this case with prejudice. Respectfully Subm, 6S P. Murphy 1 unsel for Defendant) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS, LLC., Plaintiff, Case No.: 2010-7527 V. LAURA E. BOISVERT., Defendant. ORDER On this day of bhuar?l , 2011 is hereby ORDERED that Plaintiffs Complaint is stricken. Plaintiff may file an Amended Complaint within thirty -j (30) days. If Plaintiff fails to file an Amended Complaint within 30 days, the Court, upon Motion of the Defendant, may dismiss this case with prejudice. BY THE COURT: S A. J. CANS D T ENTRY OF THE ABOVE ORDER 9 )I Ashy y M. De Esquire Jo Esquire Malm ov-;`)y Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION VION HOLDINGS, LLC, Plaintiff(s) V. LAURA BOISVERT Defendant(s) AND NOW, to wit, this Docket No.: 10-7527 M C ? `r -? Ln c ,-, > :in ~= ORDER C.'3 ' .? , day of ?o I! , it is hereby ordered, adjudged and decreed: This case is dismissed with prejudice BY THE _WURT: J. J. Murpkq Firm Fnederie Z Minbq. at RI61NA ?Ples ?Olv