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HomeMy WebLinkAbout11-7455YOMMONWEALTH OF PENNSYLVANIA J Cl? COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM I I MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below, NAME OF APPELLANT MAG. DIST NO. NAME OF MDJ LVNV FUNDING, LLC 09-3-01 HONORABLE BRENDA M. KNEPPER ADDRESS OF APPELLANT CITY STATE ZIP CODE 15 S. MAIN ST GREENVILLE SC 29601 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 9/6/11 LVNV FUNDING, LLC VS ROBERT MEAR DOCKET No. SIGNATURE OF ELLANT TTOE WAG CV-195-11 This block will be signed ONLY when this notation is required unaer i-a. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. (see P . R. C. P. D.J. No 1001(6) in action before a Magisterial District Judge, A COMPLAIN MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 LAli fsl i f?i l?;' , Y1?G??h-?`c??. C1? ? 35 I 1 C y ?. 7 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript CIVII COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Brenda M. Knepper Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Michael F. Ratchford, Esquire, Esq. 120 North Keyser Avenue Scranton, PA 18504 Disposition Summary Docket No Plaintiff Defendant MJ-09301 -CV-00001 95-2011 LVNV Funding LLC Robert Mears LVNV Funding LLC V. Robert Mears Docket No: MJ-09301-CV-0000195-2011 Case Filed: 7/26/2011 Disposition Disposition Date Judgment for Defendant 09/06/2011 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Knepper ?Dr / 4yx?X certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Knepper MDJS 315 Page 1 of 2 Printed: 0910612011 2:46:14 PM Q1 c7q9a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 Plaintiff vs. Robert Mears 800 Ritner Hwy Shippensburg PA 17257-9550 CIVIL ACTION - ?, NO: a Defendant : NOTICE TO DEFEND 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 to Defend are served, by entering a written appearance personally or by an 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff vs. Robert Mears 800 Ritner Hwy Shippensburg PA 17257-9550 Defendant NO: 11-i COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff") is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Robert Mears (hereinafter "Defendant") is an adult individual residing at 800 Ritner Hwy Shippensburg PA 17257-9550. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by Capital One with the account number 4862362638025299. 5. The within account was sold by Capital One to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the Capital One credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from Capital One, and will be provided upon receipt. Defendant used the Capital One credit card with account number, 4862362638025299, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 8. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. (See, Account Statements attached hereto as Exhibit "A".) 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made payment on November 3, 2008. 11. The principal amount was $$1,297.04 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 6°ro. 13. The principal amount was $1,297.04 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $1,594.01. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $1,594.01 plus costs of suit and any other relief as the Court deems just and appropriate. win ;Abrahamsen & Michael F. Ratchford, Esq Attorney I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. 1-800-760-2493 Account Surat Prmimm Balance $561.05 Payments, Credits and Adjustments $75.W Transactions $.00 Finance Char.z- $8.48 New l3.al3tre $19.1.53 Mminjum Amount Due $1--00 Payment Due gate October 2O, 2x,16 'fetal Credit Line $500 ToGI Available Credit $5,47 Credit Zinc for Cash $500 Available Crcdh for Cash $5.47 Atyouraervice To all Caet--Rdaf-.. is nq, n a Ia.. stole, ard: 1-800-903-3637 Sa,d p.;Tnu'u to S?,dn furies to Attn: Remittance Pra?sanl.; L'alnt. - }Sauk C.Td.1Ore P.O. Box 7,3884 P.O. B. 30285 Charlotte, NC 2827-)P34 SL(, LTC 84130-0335 Imptrtant Account Information 3egtnntng Octeber 1st, 2006, based on your account activity you may be asse+,&d more than aaro latr, overlin»t, or returrletl check fees that o u during any billing period. PLATINUM VISA ACCOUN`T' 4862-3626-3802-5299 1UG 21 SEP 20, 2(106 4'age 1 of 1 Payments, Credits and Adjustments 1 02 SE.P CAPITAL ONTE ONLINE ACT I PAYiTF)IT $ ;,0 y NO-ECL: Look fur a new statement desgtl for yam' Capital One aedit card beginnia" Wyt mm;idt. A simlmary of the key changes will be provided vith your neN statement. Prance C..a%p r P?ewe ree se, w rid, fr imPOrtaw infma -ion . ar r?' aypGedto P'rnf 1.51 C p ? Nidn AYR 'V I PURCHASES $281.45 .(963^'P 16.901X. $4 04 CASH $237.91 .61602596 P 21.99% . 54.41 ANNUAL PERCENTAGE RATE applied this period 19.23% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4862362638025299 20 0494530075000015002 New Balawt l?? $494.53 NIinimum Amount llue $15.00 PaSTwnt Due ]}at, Ckxober 20, 2006 Total endnsed $ Account Nmnber: 4962-3626-3802-5299 Pleo.4 prrv rr Ir.:g adkess msd-r-:.zitrf,,rges bel-.mg Ah, wb,' tnc4. :,.ri 8gte jr _- _ r.• :uail.d?Jres:: #90264050802971480 MAIL ICS NUMBER Capital One Bank ROBERT B MEARS P.O. Box 70884 313 WRIGHT RU Charlotte, NC 28272-0884 ° VASS NC 28394-9790 I„Itll„L,III 111111411,Illuall III ltI6tlullttlttlIII t1J1 I„IJLt1ncllJdnJoIlcLJodItLJIo?nJLdLJ,LI PGsue e:aite vat -nt ".bey an V., d.cce ar -my ordT mod: P;rw le w Cutntal One Feiw and mail in the enrl+?ka e?r;,r!r7fx. 8158 026 151 6250 r,r Abp + Mn"rH -61 E F. 1-6 it g '1- MUM A 35 .9 15 -6 ?1????S $Gai- am 6m'3` € S.t? g' ''?e' _ R 5gi° °°'S - r-" oR"Ixr1p W pp U' J 2,0 OEM 'Fa r 4?8?6?°?'#?si ail ° 4 iln gi% illg a?$ ? ?a°8 °ag?g6A k =a ?kP ? 83?Y 1s 3HS a } a. L I CYCLE # 26 CAPITAL ONE CYCLE FACSIMILE REPORT 04/28/2009 - 05/26/2009 PAGE 4506 ACCT-ID: 02583517696 CARD# 4862362638025299 STMT-TYPE: ENGLISH REWARDS: N FEE-FOR-BALANCE: N PREY-BAL: $1,235.00 PAYMENT&CREDITS: $0.C0 FIIIP.NCE CHRGS: $23.04 TRANSACTIONS: S39.00 NEW-BALANCE: $1,297.04 MINIMUM PAYMENT: $405.00 LATE FEE: $39.00 DUE-DATE: 06202009 CREDIT-LIMIT: 500 CREDIT-AVL: 0.00 CASH-LIMIT: 500 CASH-AVL: 0.00 OVERALL-APR: 23.150 TPC : VP HOLD: 000 CLOSE-DATE: OOB: N MISS-ADDR: N WATCH: WC CRDT-REV: PD OL: 11 PD: 07 CTC IND: INS: PC: 0000000001 ARCH: N REASON: 00 HARDCOPY: 04 NEW: N EBPP: N SERVICE-OWNER: 000011 SAC-PGM: CLOSE: CHARGED-OFF: XFER: FRAUD: BK-HOLD: NBANKR.UPTCY: N CHARGEOFF: N LEGAL: N FRAUD: N TRANSFER: IJ CTC-CHG-IND: PROBE-IDS: LINE: DELQ: OVLM: AUTH: REIS: PROD: PRIG: USR1: USR2: USR3: MESSAGE-IDS: PAST-DUE: INSURANCE: TRIAD Ml: P0002 TRIAD, M2: TRIAD M3: XFR: TBAL I BALANCE AMOUNT RATE CORR APR FINANCE CHARGE ROBERT B MEARS Purchases 00011. 962.58 00.0634200 0023.150000000 17.70 802 Ri`ner Hwy Cash 0002 0:! 290.17 00.0634200 0023.150000000 5,34 Shippensburg PA 1 5 7 USA TRANSACTION DATA TRANDATE REFERENCE NUMBER MERCHANT DESCRIPTION TRANS-AMOUNT POSTDATE C/D FC CARD NUMBER 05222009 FAST DUE FEE 39.00 05222009 D N4862362638025299 - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - what's in your walretT 5000]3 IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can d4 together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. A7ake sure you 1-a1l or I„ y the amount cue up your stateme,it by the duc m ;IC Io it Tina e :one nk " he ?y charged of, O 2H19 C'vpetol Orr- LiPirn! 0-:, ,, fed-fli, 1e9i,tere4 -vi- mark- All ngbu --a FINANCE Previous Balance Payments & Credits CHARGE Transactions Now Balance Minimum Payment Due Date $1,133.57 - $0.00 +' $23.43 + $78.00 $1,235.00 $328.00 May. 22, 2009 J Mar. 27, 2009 - Apr. 27, 2009 Page 1 of 1 -? Pt. EASE PAY 4T i :AST rays Visa Platinum Account 'aesz-a?a3eo¢?se Your Account Information TOTAL CREDIT LINE $500,00 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0,00 J Finance Charges (Please see reverse for imponant information) Balance rate Penocic Carespori ing i 9JANCE appled to rate APR CHARGE Purclwes SK9.53 0.03WA 0 23.15% $17.^65 Cash .5,294.61 06342% 0 23.15% $6?9 ANNUAL PERCENTAGE RATE applied this period: 23.75% jT=bk At Your Service - ro to uuv .caitabre corn to manage your a=nm, or Cat t-K6973.3637 to re?crt a List w stole cad or nude 10 aryXU Feklioms 0 Pay Online atmvgwraloacbmatrelmpN.memT: Caoiel Ore Bank (5A), N.A. • P,0, E? 17093 • Q arbile, N, - X172-1083 A Send Inquiries to: Patel On- P.O. Ba( 37255 • Sat I"aty, LIT 641 nO28155 Flm a question about a charge on your sr emeo:? Please refer to the Billing Rights Summary on the ba&K of your rtitement er visil MwA,cautalone canhii cAltes Y rex+irJ u etts I, c,r,e I,ur uit ,et ii ,t is, ;pap, rr, e .hi roe ra.,Icr will inure -C a,,,r _., rQ t ;•,???t r n titry.Plc ,t1r `rrI-W- dr'.=r? ,• ;rezkt vn+c ;;aciiil Grt'. "important N h re" U tda tL. terms we pre nmdy disclosed to yru, your acca", is new amble for an i r„rease in Arad PercentaT Rc es (,APRs) effective immedialely. However, C.--a r al One has ete;ied V, to rase your A?2s atthis time. Please be advised that 6 you fad to Peep you amount in Pox sandirg, Cap W One reserves the rkght to raise your APRs in the Plture. Pavmerft Credits & Adiustments Transactions - 1 20 APR RAST DUE FEE - 539.UD 2 27 APR Ol{ERLIMIT FEE APR 27, 2070 S39M Your account his gone over its credit limit. To avoid ai-5licnal overlimit fees, you shotId pay more than the Minn um Payment. Pl ass pay enauQh to bring your axwnt oafarce I slag vour cre . limit immeaat4y, and many sure your account balance remains below your credit limit. Please be sure the amount you pay accounts fararry v;are purchases, fees: and frral r. ges. You were assessed a past, due fee because your n inimum amen?, s no*, raxived bN ?he due ate. To amid no fee in tine t?ure, - Tara emend that yvu allow at least 7 business days for vour mini um payment , m reach Cmtal One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW-CAPrTALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4862362638025299 26 1235000060000328007 Account Number. 4852.3626.3842-5299 Due Date New Balance Minimum Payment Amount Enclosed MaV 22, 2009 $1,235.00 $328.00 PI.EA9: PAYAT UAST THISAMOUNT #9011805080297146# ROBERT B MEARS 6132 Ritner Hwy Shippensburg, PA 17257 lillr?lhullhrrrr?hdlhll?ll6lrhlllvllhl4rlhlrrhl,?l Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Pay online anytlme-no more checks. stamps or dutte, Q Moving? Change your address onlme or on the hack 0 Help save the planet- -Co paperless. © Sign up at wwwcaoitaione.com Capital One Bank (USA), N-A- P.O? Box 71083 Charlotte, NC 28272-1083 1111 111111111 Jill Please make cheda payable to Capital One Bank (USA), N.A. and mail widt this coupon in the enclosed envelope. ROBERT B MEARS 1. FIoW to Avoid a Fnarice Charge. a.Grace period. You will have a -mifn:m grace period of 25 day without finance charge on new purchases, new balance, tr'ansfem new special purchases end new otW charges gym pay your total "Neu Balance", in a cordance -Aft, tes Irparfant Notice for baynanis below., and in time for it. to be Gedted by your perymart due deb. There Is ro grace period on cash advances and special transfers. In addition. there is rp grew period C arty transaction if you do hot Day 'he total 1vev, Balance." D. Accruing Finance Charge. The.sactil which are her subject to a grace period are a5slLiSed inane charge 1) tro^n the lone or, the transaction or 2) from the age the .aosaiis processed to ycirAcoaunt a s) from the firs' calendar day of the current billing period. Additiohely if you did na pay the '%w Balancer rom the previous bltg period in full. firm charges continue to soon: to you unpaid Lalarr a unit the unpaid balance is paid in full, This rrlears ihaf you Trey still anal finance charges, even if you Day the entire New Balance Ydiceted on the from, of your statement oy the payment due date, IV did net do sac for the pwb north. Unpaid final Wages are added b the applicable segnant of your Account c. Winn um Finance Charge. For each billirq period Itha, your account is submit to a finance charge, a mnirum tote) FINANCE Ciw"GE 0150. r will be Imposed. a. Temporary Reduction in Final Charges. 'he rese" ,re right to na assess any or ail finance charge for any given billing period. 2. Average Oaiy Balarne pncuding New purchases). Finance charge is Nalculated by m1tiotyng tr a daiN xiance of each sagmi nt, of Your account cash advance, purchase. special transfer, and spacial purchase; Dy the G mspmdkg daily penddic ale(s) tits, has been Previously disclosed to you. at tine tell of sen day during tie billing period, •s apply the dally, coarlock rate for seen segrinsta of your a0cow to the dally Dalai of each segment. Then all -is end or the billing perod, we add up the results of these daily calculations to arrive at yo r periodic finance charge la' each segmasd. We add lip the .'esults from each segment to arrive at the feel omcoc finance charge for your account. To get the daily balance fa eaci seg-*nt or you, account •A6 take ft beginning Daienee fa salt secynent and add am new trprsa_-eons and any periodic finance charge calculated an the previous day's (fie fc, that segren. We then subtract py payments or credits posted as of that day _.let are allocated to that segrhfnt This gives us the separate day balance for each segrnam or your aecol.int Hoverer, p you paid the vow Balance shosm on your previous stebrrert in full (or if your new balance was zero of a crack amount), new :ransaccias. which post b. your purchase or special aurc>rse segmanls are not adder( to the daily balances We calculate this average daily balance by adding at the dally Delances together and diviAng the surn by the nu-fiber of ,tv, days in the o rent bang ajole, To calculate yourrocal finance charge, muftiply Yaw avenge daily balance by the daily perodc rate and by t e number of days In me billing xrod. Due to :cending m a daffy bask or due to nini-won Frsnce, charge assessment share ^isy: be a variance neveen this Calculation and the arrmurt of finance charge actually assessed 3. Annual percentage Rates (APR). a. The tarrn. "AnnualPercentage Rall nay appaer as "APR" on tne"a this, starerrm- b. If the Code P (Quarterly Plus), L (CUanary LIBOR), C (Quarterly CD), or 5 (BarYrprJ Pitre) appears on ;ne f:on; of ',his Staaarfai nala eIthe P+tWdlc rate(St ate pafodic rates and C)tr96DOndlrg ANNUAL PERCENTAGE RATES rrgy vary quatery and runny inCreal of decreesa based On the Stated Micas, as found in The SVall Sheet JOL", , pus the r!argn previously disclosed' var. These changes wit no affecali an the first day or your billing Period care!ed by Your periodic sraternsn ending in the mo.^.mb Of January. Able, July Yid Ovfter, c IF, me code D (Mmfiy Prima-l, F Nisi Illy LIBOR), or G (Treasury LIBOR) appears on the fray of your sishannerij of D the periWiC relB(s1, the periodic rages acne COMSPOOdin g ANNUAL PERCENTAGE RATES nay vary ninthly and Trey increase a decrease based m the stared ndiws, as found in The Wall Suer, Jam, rbn the margin PrOVIOlISy disclosed' 0 you. Thar CYwges will De aYBr,Me ail the fist day Of Your biting POW each nrensh. 4. AIGBB mlert of LAB, OVII(I t and Returned Payment Fees. Under theterrm of your aal7mar agreerril we has" the r0r. to waive Or net 10 assess env fees without pear nailli! itlon to you without waiving our Vint g) assess ?rle Sarre or simllar fees at a liter time. 5. Mfl(fblYShip Fee and Renewing Your Account. It a mart bershile fas appears on 1105 sted(tHnt, we will Cfedh. the fee If You reoc e5 to close your account w thin 30 days of the malifing a tNS sMtarr&1t You tray continue to ;sac the aDDOM diluting the 30) day Parted before your request. If you do not pay all -".W owed ace tNS account . with in 90 day& or 9Yau use your Credit card or account after you request to Close. pry rnlenribArShip fee PrMiOi%y waited mty be rgnsta'sd to your account. 6. Closing a Srspenrtng Your Account. You tray racIl that your amour, be closed W calling orwming our Cusferner Relations Dapartrenc k the time Of your negc:e5t. M will provide you with adWional details on dosing your wDO rk This :MOY include cayman t. irlannatlon. If you use Your aadt Card or C09M Doan c your axdun, after You asx us to dose your account we can keep your accaJrt open or reopen, f We may close or suspend your account and your rah, to obtain neat. We may do cis at any tints slid -OF any reason, even if you are rte in default. A suspension of Your account Can be parr ythen t or ter'porely f your account is dosed a suspended. you .M.81 step using your creek card and &MOUnt. You must also canal all peur.rprLad Dulling &-WK cants to the ampurt. We WE not do this fayou.f we close or pemsrlerty, suspend you, is=u Yale must also destroy alided t c? aid account access checks. You rust nil pay all arpnnrs you owe US on the acoom, even of tnajl weft charged after yourswoum r closed a suspended. 7. Meiling Paynerrs Paynnart s you -Ell to ,G will to C'edfted :o your acc0lrl as o (the bsirsss day we receive It, provided (1) YOU sand the bo tort polon of tits Staternent and your chacK in the unclosed car btarlCB envelope and (2) your payrert is received in err PrOcessirg ONter by 3pi ET (12 hoot PT). Phase allow at least five (S) business days for Postal derivay. Paymerrs received by us at arty omer IOcatlon or in any char don`t hleY not be p8tlrbed as of the day w9 receive them. Our business days are Monday thmugh saurday,_ excluding noidays. Changing Address? Address .............................. ................ ..............._......................_..... Home Phone ....................... Alternate Phone ............................. ........................................................_.... E-mail Address. ........_........... ._ .............. ................. .................................. Please pant address or phone number changes above using blue or black ink 6. Notice Abel Elacwnic C heck Conversion. When you provide a check as paymart, you autho im us 91W to use information from your Meer to -sake a one dry electronic hind transfer ham your deposit acaxut or ne pnoves the paynrept as a check trxsall W1,01 we use ir#of i F n ion from your ch eci(m,-eke an elec onic hand iranaler, funds trey W withoaxtt from your deposit account as soon as the a" fay we "coal your pay^elt. aid you WII not rereh2 your check back irsn your5nancal in"tution. Your auaxxnzaticn Is not limited try err; date on the cnedu M nay esl$ml and elec onicaly collet returned payments. 9. Bankruptcy. If you are entitled to bankruaxy btCedtions for your account fl is corrrunication is only far nfoTratronal purposes. It k na an anerhP to collect, assess • r recover a debt or ctalm. Do net send my payr," dire -dy t.-, to wiverf. speaking with your bankrup•by aharey x the Bankruptcy Court. If you wap, b cprtaCt us about your account a your nenkrupoy Froccieding, please have your attorney Bract us. tBiLLING RIGHTS SUMMAR'r (in Case of Enos or Ou0stio s about Your 81111) if you think your Dill is vTorig, or if yid treed ->Lve irtotretion on a transaction or bill, write, ,c • s m a separate sheel a sort, as possible at the address for Inquiries shavn,yi the front of this stallei,'Pie rant hearfrom You no later man 3D days after wa sent you the first bill on which the aror a pobis n.3ppearecL You can Cap our Customer Relations numbs or rYJfy us by erraf m w.b fta, but ding so will no: P'som"a your rights. In you letter, give us the fofowiN inor^eU-,n. your na^b and amount number, the dolls; amour, C t'e suspeoed error, a description d the error and an explanation. f p7ssl,'te, Of ay YOU callers, there is an error, or if you read mot inohnaaon, a Jtascrililki Of the item you we unsure abar. 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Please cer emner to sign a1 correspondence. t [mss Mt nappy to busnres scmur e; :aplfai Ore supports irforretlah privacy prac,ia,? ;ale o:ur waitsite 2t Capital One Is seal registered service ffarr Oil Capital o.,Ie I RruXtIal COrpOrA09. Al Ights Imerveh.12CM Capital Ore I _Tc as----.. u1 CkAr3J'x"i -1 -032663 Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Don't staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processing L' • Please don't include any additional correspondence. • Last but not least, be sure to write your 16-digit account number on your check. w . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION `T' LVNV FUNDING, ~Plaintiff(s) Docket No.: 11-7455-CIVIL V. - f ROBERT MEARS, Defendant(s) PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 161N "r; a , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 11-7455-CIVIL V. ROBERT MEARS, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. liv, 166seph Y./Murphy 83120 The J. urphy Firm 210 ant Street, #301 Pittsburgh, PA. 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) V. ROBERT MEARS, Defendant(s) q. Docket No.: 11-7455-CIVIL Eli t 9 C7) , t> c-? chi -'r C: PRELIMINARY OBJECTIONS TCr- 77 w ?r r i mo , COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 is?w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 11-7455-CIVIL V. ROBERT MEARS, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing Z34PP-EARANCE StRELIMINARY OBJECTIONS TO COMPLAINT E3 RIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT ION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Michael Ratchford, Esq. Edwin A. Abrahamsen & Associates 120 North Keyser Ave Scranton, PA. 18504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 11-7455-CIVIL V. ROBERT MEARS, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, 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(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 12. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 13. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 14. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 15. As set forth in the attached brief, the complaint in this case is not so sufficiently specific. 16. Pa. R.C.P. 1019 requires, interaiia, that facts be pled and that items of special damage be pled with specificity. 17. In the context of a credit case, the facts and items of special damage, which are to be pled, include the dates and amounts of charges, fees, fines, interest, and the like. 18. In the context of a credit case, the requirements of 1019 are normally met by attaching copies of an un-interrupted chain of statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 19. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, sufficiently or specifically plead the facts and items of special damage underlying the case. 20. 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, and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. OBJECTIONS TO VERIFICATION 21. The Complaint is verified by counsel. 22. A verification by counsel can be appropriate only if same complies with Pa. R.C.P. 1024(c). 23. Said verification does not comply with Pa. R.C.P. §1024(c). 24. Accordingly, the Complaint is the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Rule 1024(c). 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 11-7455-CIVIL V. ROBERT MEARS, 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. r pg ? TA,r? , PRAECIPE FOR LISTING CASE FORARGif?llk -RILA D CODsqj',, LVANIA (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) ?U v uV-V\ S vs. /) - -7LY S7?- - \) % ? No. Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.):-, 1 i -,, 9 , h 5 4-c> ( "'o 2. Identify all counsel who will argue cases: (a) for plaintiffs: _`S , (Name and Address) ZZ 0 At _/ sue- -5 r C/L^ \0 (b) for defendants: / .5 /- 4Z ? d/ V (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: i 'a"tuurre y V` Print your nee q 0-c4- i ) Attorney for Date: 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. V76-1,'? L' 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. ` ._ T T F tir.' •• fu'a.i LVNV FUNDING LLC _., In the Court of Common Pleas of =w-`1 c Plaintiff CUMBERLAND County, Pennsylvangrl,-? Civil Division= ' r, vs. =CD NO: 11-7455 CIVIL --' Robert Mears 800 Ritner Hwy Praecipe to Withdraw Notice of Appeal and Civil Shippensburg PA 17257-9550 Complaint Defendant : PRAECIPE TO WITHDRAW To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Notice of Appeal and Civil Complaint. Thank you, -Z . Michael F: at L tmiuru, e Edwin A. Abrahamsen & Associates, P.C. z Lawyer ID # 86285 120 N. Keyser Avenue Scranton, PA 18504