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HomeMy WebLinkAbout11-4906Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. SHANNON M DOUPE 960 ALEXANDER SPRING CARLISLE PA 17015 Defendant No. /'_.. `z GAI No ? n r- r- -O rte'-- ?" " rr ?x?yb. ? ? W ED ST --i :P r) :=C) =9 = c, O r-n r'V . 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 withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an 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 of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. C,-4 -4t 75 s9 a0buaa Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. SHANNON M DOUPE 960 ALEXANDER SPRING CARLISLE PA 17015 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demands o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 I'his cm.ninunication is front a debi collector and is an attempt to collect a debt, Any information obtained will be used 16r that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 : Plaintiff No. V. SHANNON M DOUPE 960 ALEXANDER SPRING CARLISLE PA 17015 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant SHANNON M DOUPE, is an adult individual with last known address of 960 ALEXANDER SPRING, CARLISLE PA 17015. It is averred that Defendant was indebted to WORLD FINANCIAL CAPITAL BANK / CARTER LUMBER DIY on August 21, 2008 with account number **************3220 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. -1 his communication is from a debt collector and is at) attempt to collect a debt:. any infonuation obtained will be used ti=r that purpose, Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. Plaintiff is the purchaser, assignee and/or successor in interest WORLD FINANCIAL CAPITAL BANK / CARTER LUMBER DIY and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $3,733.14. 10.Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, SHANNON M DOUPE, in the amount of $3,733.14, plus costs of this action and any other relief as the Court deems just and r sonable. Robert N. Polas Jr., Esquire # 201259--- - Carrie A. Brown, Esquire # 94055 10-76831 I his COMI Mmication is from a :debt collector and is an attempt Io collect a debt. any information obtained will be used for that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl DrWnO hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date M "U Custodian of Records 10-76831 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: **************3220 SHANNON M DOUPE Account Holder: SHANNON M DOUPE 960 ALEXANDER SPRING CARLISLE PA 17015 Consumer Account Product Code: PVT Issuer: WORLD FINANCIAL CAPITAL BANK / CARTER LUMBER DIY Assignee: Portfolio Recovery Associates, LLC Account Number: **************3220 Date Account Opened: August 21, 2008 Date of Charge Off: November 22, 2009 Balance at Purchase: $3,733.14 Purchase Date: December 21, 2009 Balance at Charge-Off: $3,733.14 Less Payments: $.00 Balance Due: $3,733.14 10-76831 ADSG86 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. Meryl Dmano I, the undersigned, , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from WORLD FINANCIAL CAPITAL BANK / CARTER LUMBER DIY ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary , course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on December 21, 2009. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from SHANNON M DOUPE ("Debtor") to the Account Seller the sum of $3,733.14 with the respect to account number (**************3220), as of November 22, 2009 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $3,733.14 as due and owing as of the date of this affidavit. Po folio Re very sociat , L C Custodian of Records Subscr' ed and sworn to before me on of , 2011 Notary P#ic LIVAUrgie 10-76831 Camper 3 Commonweaun n °?Y Nota puof Virgk* Commission No b75tj56 ommission Exp,res 212812015 I'his communication is from a debt collector and is an attempt to collect a debt. Anly i -t" w ; i obtained will be used for that purpose. 0 0 T A BILL OF SALE WORLD FINANCIAL NETWORK NATIONAL BANK ("Seller', for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated November 20, 2009 between Seller and Portfolio Recovery Associates, LLC Cpurchaftt') its successors and assigns ("Credit Card Account Purchase A Yl, hereby assigns effective as of the File Creation Date of December 16, 2009 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on (the "Closing Date'l December 21, 2009 by 5:00 p.m. Seller's time, as follows: This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. WORLD FINANCIAL NBTWORK NATIONAL BANK Portfolio Recovery Anoeista. LLC Date: ??z?er Title: _ ?iQE?/QT By: Date: Title 0 0 AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR State of Ohio . County of Franklin . Daniel T. Groomes, being duly sworn, deposes and says: I am over 18 and not a party to this action. I am the Pte' of World Financial Network NatiolW Bank (the Creditor). In that position, I am a custodian of the Creditor`s books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about December 16. the Creditor sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC (the Debt Buyer). As part of the sale of the Accounts, electronic records and other records were transferred on the Accounts to the Debt Buyer. These records were kept in the ordinary course of business of the Creditor. I am not aware of any errors in these Accounts. The above statements are true to the best of my knowledge. Signed by: x Signe day ofclt.?r , 20C! (Notary Stamp 1WdA E MM d1% IN N"PftSWol- OF FV SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Portfolio Recovery Associates, LLC vs. Shannon M. Doupe a, +'% of 4 ?i,nt rf r??6 .t AN 22 PEN1gSYL /A[YllA - r Case Number 2011-4906 SHERIFF'S RETURN OF SERVICE 06/17/2011 08:07 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 17, 2011 at 2007 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shannon M. Doupe, by making known unto herself personally, at 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 June 20, 2011 GE LD WORTHINGT , DEPUTY SO ANSWERS, Cam-' RON R ANDERSON, SHERIFF icj CountySuite Shenff. Teieosoft. 6r:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 11-4906 Civil SHANNON M. DOUPE Defendant Petition to Enter Appearance c) C Cn N N Please enter my appearance as the attorney representing the Defendant, Shannon M. Doupe, in the above captioned case. submitted, 7/; / Jam " incept Natale, Esquire IfD 08790 H old Shepley & Assoc., LLC 9 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant rn-TV F V r-rs ?r FILED-UF1=1CP NE P 11 0 T HOC ,,() TA 2311 AIL 22 PH 12: t, CUMBERLAND CoUtiT PENNSYLMul,A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 11-4906 Civil SHANNON M. DOUPE Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P.1028 AND NOW COMES the Defendant, Shannon M. Doupe, 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. The date of last transaction of the alleged account. 2. Plaintiff claims that Defendant used the alleged credit card. 3. Plaintiff failed to specifically state the dates of the alleged purchases 4. Plaintiff failed to specifically state the place where the alleged purchases were made. 5. Plaintiff failed to specifically state what items were allegedly purchased. 6. Plaintiff failed to specifically state the amount purchased for each item. 7. Plaintiff failed to specifically state the dates of any alleged cash advances. 8. Plaintiff failed to specifically state the amounts of each alleged cash advance. 9. Plaintiff failed to specifically state the dates that Plaintiff alleges that Defendant made payment on the alleged account. 10. Plaintiff failed to specifically state the amounts of the payments that Plaintiff alleges were made by Defendant. 11. 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). 12. 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 Amended Complaint or dismiss this action with prejudice. COUNT II 1. Plaintiff basis its claim on an alleged agreement between Defendant and World Financial Capital Bank ("WFCB"), the alleged original creditor of the alleged account. 2. Plaintiff failed to specify whether the agreement is oral or written as required by Pa.R.C.P. 1019(h). 3. 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 amended Complaint or dismiss this action with prejudice. COUNT III 1. If the alleged agreement between Defendant and WFCB is written, Plaintiff has failed to attach a copy of the original agreement and all amendments to said agreement. 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 amended Complaint or dismiss this action with prejudice. COUNT IV 1. Plaintiff alleges that Defendant contracted with WFCB. 2. However, the alleged assignment attached to Plaintiff's Complaint names as the seller World Financial Network National Bank ("WFNNB") 3. If the allegations of Plaintiff's Complaint are correct, then WFCB must have assigned its interest in the alleged account to WFNNB 4. Plaintiff has failed to attach the assignment between WFCB and WFNNB. 5. Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(1). 6. 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 amended Complaint or dismiss this action with prejudice. COUNT V 7. Plaintiff has failed to show that the specific account at issue was assigned to the Plaintiff. 8. The accounts allegedly assigned to Plaintiff are described in Exhibit 1. 9. Plaintiff has failed to attach Exhibit 1 to its Amended Complaint. 10. Plaintiff has failed to attach a complete copy of the assignment to its complaint. 11. Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(i). 12. 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 amended Complaint or dismiss this action with prejudice. COUNT VI 1. The Pennsylvania Rules of Civil Procedure require that the first sheet of the pleading shall contain a 3-inch space from the top of the paper. Pa.R.C.P. 204.1(3). 2. The Rules define the first page of the complaint as being the Notice to Defend. Pa.R.C.P. 1018.1(a)(1). 3. Plaintiff has failed to provide the required 3-inch margin on its Notice Defend. 13. 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 Amended Complaint or dismiss this action with prejudice. pectfully submitted, 1 Mees Vincent Natale, Esquire' ID #208790 Harold 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 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 11-4906 Civil SHANNON M. DOUPE Defendant CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Defendant's Preliminary Objections, and Brief by U.S. Mail, postage prepaid, at 140 Corporate Blvd, Norfolk, VA 23502 on Robert N. Polas the attorney for the Plaintiff, Portfolio Recovery Associates, LLC on July 21, 2011. I declare under penalty of perjury that this information is true. Date: Server's Signature Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. CIVIL ACTION - LAW NO. 11-4906 Civil SHANNON M. DOUPE Defendant MOTION TO WITHDRAW AS COUNSEL AND APPOINT PRO SE DEFENDANT f... v ? --4 ?r r cn . , fiw3 Now comes Attorney James V. Natale, Esq. who respectfully moves the Court to issue an order granting leave to withdrawal as counsel to the Defendant(s), Shannon M. Doupe and appoint Shannon M. Doupe as pro se defendant(s) in the above referenced matter. Shannon M. Doupe had no contact with Counsel. No Judge has ruled upon this issue. Opposing Counsel has been made aware of said motion and concurs with said motion. Date: z Respectfully submitted, J es V. Natare, Ea?q. A ID # 208790 Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 814-444-0500 Attorney for Plaintiff Robert Polas, Esq. 140 Corporate Blvd. Norfolk, VA 23502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 11-4906 Civil SHANNON M. DOUPE Defendant CERTIFICATE OF SERVICE I served this Motion to Withdraw as Counsel and Appoint Pro Se Defendant and Order by U.S. Mail, postage prepaid, at 140 Corporate Blvd, Norfolk, VA 23502 on Robert N. Polas the attorney for the Plaintiff, Portfolio Recovery Associates, LLC on October 11, 2012. I declare under penalty of perjury that this information is true. Date: erver's Signature Jennifer Kennell - Legal Assigtant Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 11-4906 Civil SHANNON M. DOUPE Defendant CERTIFICATE OF SERVICE I served this Motion to Withdraw as Counsel and Appoint Pro Se Defendant and Order by U.S. Mail, postage prepaid, at 960 Alexander Spring Grove, Carlisle, PA 17015 on Shannon Doupe, Defendant on October 11, 2012. I declare under penalty of perjury that this information is true. Date: 10/11/12 Server's Signature Jennifer Kennell-Legal Assistant Printed Name and Title Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff V. SHANNON M. DOUPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2011 - 4906 CIVIL TERM ORDER OF COURT AND NOW, this 8~ day of NOVEMBER, 2012, the Motion to withdraw as counsel and appoint Pro Se Defendant filed by James V. Natale, Esquire, contains insufficient averments for us to determine whether withdrawal would be appropriate under Pa. Rule of Professional Conduct 1.16 (b). Therefore, the Motion is denied without prejudice. B e Court, Edward E. Guido, J. i/' Robert Polas, Esquire 140 Corporate Blvd. -U 3 N ~ ~ Norfolk, Virginia 23502 ~~ ' ~ ~ "'~ ~*~~ '-.. • Z' ~ t~ 1 Esquire Natale ~ James V "~ ~' °0 ° ~ , . 209 West Patriot Street ~° ~ ~~ o-,-~ Somerset, Pa. 15501 xa A~ ~ ~ ~ --sue . ~' `°a ., =:~ ~~