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Home My WebLink About11-9412COMMONWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of C, V 1t1'11wL'4N_6 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. // -? NOTICE OF APPEAL Notice is given that the appellant has filed in thabove Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF PELLMIT MI1G. DIST. NO. NAME OF D.J. A 12?2?( lN? ?T -r"Z S d .? do (9? 3 ADDRESS OF APPELLANT - CITY STATE ZIP CODE 0 P-9 L 0 ' AL 15 ??F1vD/ ?V/z C b,2§oe ?ZZ3 DATE OF ENi /? , p CO pJ THE OF Aw 2 ? CJ U l r ZZ5 w 4! 4 % DOCKET No. SIGNATURE OF APPELLANT TTORNEY OR AGENT c-v X 11 This block will be signed ONLY when this tion is required under Pa. If appellant was CI nt (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Dis ict Justice, wiff operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Swoft" of ery or Dep* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY whe appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Name of app "(S) 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 ofappeNant orehbmeyoregent RULE: To , appellee(s) (1) You are notified that a rule is here 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Qgrm ure or rromanaary or uepuy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. i AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 5" PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official r- My comntCSior y piton Q Z C? 41- :X -j 4tJ accElf JW .? ? CCU 9L ts, ? ? C.3 20 a COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Larry Lee Walters V. Citi Financial - Attn: Kimberly Rodgers Larry Lee Walters Docket No: MJ-09303-CV-0000281-2011 50 Polecat Road Case Filed: 10/6/2011 Landisburg, PA 17040 Disposition Summary Docket No Plaintiff Defendant Dis osn ition Disposition Date MJ-09303-CV-0000281-2011 Larry Lee Walto i rs Citi Financial - Attn: Kimberly Judgment for Defendant 11/29/2011 Rodgers ANY PARTY HAS THE RIGHT TO APPE?4L 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 JUDGMENTITRANSCRIPT FORM WITH YOU NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED I THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGM NT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURT ER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERE IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION ITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUD MENT. Date Magisterial District Judge Susan K. Day ^a3 ` certify that this is a true an correct copy o e record o the proceedings containing the judgment. D?te Magisterial District Judge Susan K. Day MDJS 315 Page 1 of 2 Printed: 11/3012011 8:39:59AM % . Larry Lee Walters V. Citi Financial - Attn: Kimberly Rodgers Participant List Plaintiff(s) Larry Lee Walters 50 Polecat Road Landisburg, PA 17040 Defendant(s) Citi Financial - Attn: Kimberly Rodgers 950 Walnut Bottom Rd Carlisle, PA 17015 Docket No.: MJ-09303-CV-0000281-2011 MDJS 315 Page 2 of 2 Printed: 11/30/2011 8:39:59AM F1ILEO-OEf tC t UE THE PROTHONOTARY` 2012 JAN -3 FM 1: 13 CUMBERLAND COUNTY PENNSYLVANIA f PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 4 eai eij/,.> ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) ' N 20?, ? by personal serviceVb/yy (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 3 it'd 20? L3 by personal service a ,by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) FFIRMED) AND UBSCRIBED BEFORE ME THIS DAY OF ) ???? ?? -? . 20 I ?. Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature ofaffiant Postal -J3 CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) OW-i'DOWN I- - P ilq d A% 04 0 m ' Q' Ln Postage r u r certified Foe ± Lis .. ?''--??? •?>' ? P alto-' [ ( Return Receipt Fee C , ` O ndorsement Required) 1 W Restricted Delivery Fee r (Endorsement Required) 1 Q O $ Total Postage & Fees L J I ° ru L? Sent To r-1 •---- -------- Sfreef, Apt. No.1 " ---------•-----•----- -------------------- or PO Box No. City. State, ZIP+4 r,?,rz 6 1 U 9 /y' AAA, 17"1 r1NG/,.e i. `w,1-tu 2G12 FEB 21 Phi 2* 20 CuMBERLA's ilouN,IN, F N?dSY?' AYE T if- 60 e iz a r ;?t';t, ?--? ff - 47 yl/ 2 1 GiGL X L770A,, ?.rt ?? Xe? ,O?:?x C) .<e ?Y f5 ? ? v1'9 ?d ?? L ? S c 4t',4 4Nvt-. /t/oL) , V.Jol r,IZ //? L AJL- Ode r T P"17A)?-If- 7-P 10-917 a?' 13 u' ??`z a L/5l c 1<rt?,2 C75 h 7 TO ??, C:? 7 r' - , BALLARD SPAHR LLP By: Martin C. Bryce, Jr., Pa. ID. No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Jeffrey B. Goldberg, Pa. ID. No. 309672 1735 Market. Street, 51st Floor Philadelphia, Pennsylvania 19103-7599 Telephone: 215.665.8500 Facsimile: 215.864.8999 Larry Walters, Plaintiff, : No. 11-9412 V. Citifinancial, Defendant. ENTRY OF APPEARANCES TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter our appearances on behalf of Defendant, Citifinancial, in the above- captioned case. Date: March 23, 2012 1 (t.l I ?, r r?,? Attorneys for Defeats t1 { C; l p T? r<. AN 9* 1", ''"'I3Er",LA D C0UI'3TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Martin C. Bryce, Jr., Pa. ID No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Jeffrey B. Goldberg, Pa. ID. No. 309672 Ballard Spahr LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: 215.665.8500 Facsimile: 215.864.8999 Counsel for Defendant Citifinancial CERTIFICATE OF SERVICE I hereby certify that on March 23, 2012, a true and correct copy of the foregoing Entry of Appearances was served by U.S. mail on the following: Larry Walters 50 Polecat Rd. Landisburg, PA 17040 Defendant Dated: March 23, 2012 Jeffrey B. Goldberg oph? ', 0 e r ;F z ?? ?6p?? o ? w ' r a cc C1 r , T' t l • g O t ' 1 --a ?yl t?OCU C PC3'i ? ? ? ru ru v r9 C7 C= C3 c) S:, • ,N ( -6 _ ? E3 13 13 • d x ao o w m v Q ru a? M 0 `' !\ • 0 T m 0 ??pp Y € V t) Z' U U 0 m 0 N C?0a V V Cl ?r??f4 •C N ?l?\ N W. Too • VJ I-- rYL Z cf) p V; EEcY?o m 0 Uy(L a)¢ `o a 1- 0) N 4 /7y 7-0 C? r-? ?i?,s•?ci:? ?? D/otir Drs sol? ?Da?v7' Gi,?.?? r o G? G? TEL' SG ST ??/D ??D?LGt /' 27 7-/ivG /f i//t7- (? G 1 1. ' , roc (t-U-6, l ;p,4 )e(- Iz 0 z 1171 Ll`?'a2L hw4 (f/ 7-1 l i11`?e 1Vc11 L Ile Opz-, O e-5 Cc i] M M ti u7 rU D O 0 O C3 O ru ra r9 0 N )O61-1-e97- P7 L7-1011-1 L? 0,7IZ 4/AP'' Postaf Service • , MAILJ% RECE IPT CO (Domestic Mail Only; No Insurance Coverage Provided) 0 HE 7 -- M .?? o r _ r S ; N 111 Ln Postage $ r1_i r1J Certified Fee .....__ r9l r-9 Postmark O M Return Reoelpt Fee O O (Endorsement Required) Here O C3 Restricted Dell= Fee r.? C3 O (Endorsement Required) •,o CO O M C3 Total Postage & Fees ru nj -- ern o /I T" ( I ??v? cr A C O r` r` 3 No.; - or PO Box No. ?? W L A??T"? - ---------- d 1?d/7 - - ---- z -- ------ --- city scare, zlpr $ - PS Form 3800, ALIgUst 2006 See Reverse lo, Instruct, S fill if„izlld, fIli tf S?z1?4??21Jt¢? "o? Q J7-7 3 /7 aL? -V L L7 Ya c?hCU BALLARD SPAHR LLP By: Martin C. Bryce, Jr., Pa. ID. No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Jeffrey B. Goldberg, Pa. ID. No. 309672 1735 Market Street, 51 st Floor Philadelphia., Pennsylvania 19103-7599 Telephone: 215.665.8500 Facsimile: 215.864.8999 Attorneys for Defendant CitiFinancial, Inc. NOTICE TO PLEAD TO: PLAINTIFF LARRY WALTERS: You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or judgment may be entered against you. Attorneys for Defendant CitiFinancial, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Larry Walters, Plaintiff, V. CitiFinancial, Inc. Defendant. No. 11-9412 ,-,... PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pennsylvania Rule of Civil Procedure 1028, Defendant CitiFinancial, Inc. ("Citi"), improperly identified as "Citifinancial," by and through its undersigned counsel, hereby files the following Preliminary Objections to the Complaint of Plaintiff Larry Walters ("Plaintiff'). For the reasons set forth below, Plaintiff's Complaint should be dismissed with prejudice. I. FACTUAL AND PROCEDURAL BACKGROUND On October 6, 2011, Plaintiff filed a Complaint against Citi in the Magisterial District Court of Cumberland County, Pennsylvania. 2. Following a hearing on November 29, 2011, the Honorable Susan K. Day entered a judgment for Defendant. A true and correct copy of the judgment is attached hereto as Exhibit A. 3. On December 27, 2011, Plaintiff filed a Notice of Appeal in the Court of Common Pleas of Cumberland County. A true and correct copy of Plaintiff's Notice of Appeal is attached hereto as Exhibit B. 4. Thereafter, on February 27, 2012, Plaintiff filed a five paragraph Complaint against Citi. 1 A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit C. 5. Besides identifying the parties, Plaintiff alleges only that "During the 29 Nov 2011 trial the Defendant failed [to] show credit for double payments of APR, MAY + JUL 2011 [and] the Defendant assured Judge Day that the account was credited + current. * * * Plaintiff assumed testimony of proper credit to mean APR, MAY, JUNE +JULY. Didn't realize the error [un]til later." (Compl. ¶¶ 3-4) (capitalization altered and punctuation added). 6. These allegations are wholly insufficient and do not to support any viable cause of action. Accordingly, Citi respectfully requests that Plaintiff s Complaint be dismissed with prejudice. Although Citi is now responding to the Complaint, it does not appear to have ever been properly served with the Complaint. 2 II. PRELIMINARY OBJECTIONS A. Plaintiffs Complaint Fails To State A Claim Upon Which Relief Can Be Granted. 7. Citi incorporates the foregoing paragraphs as if fully set forth herein. 8. Pursuant to Pennsylvania Rule of Civil Procedure 1 028(a)(4). a preliminary objection in the form of a demurrer may be filed on the ground of legal insufficiency of a pleading. Pa. R. Civ. P. 1028(a)(4); Kelly v. Kelly, 887 A.2d 788, 790 (Pa. Super. Ct. 2005). 9. A preliminary objection under Rule 1028(a)(4) challenges the pleading as failing to set forth a cause of action upon which relief can be granted. Giordano v. Ridge, 737 A. 2d 350, 352 (Pa. Commw. Ct. 1999). 10. A preliminary objection in the form of a demurrer should be sustained where a pleading "does not set forth a cause of action upon which relief can be granted." Firetree, Ltd. v. Dep't of Gen. Servs., 920 A.2d 906, 911 (Pa. Commw. Ct. 2007) (citation omitted). 11. If a claim is legally insufficient such that the law will not permit recovery, dismissal is also appropriate. Smith v. Wagner, 588 A.2d 1308, 1311 (Pa. Super. Ct. 1991). 12. Moreover, a pleading that consists merely of unwarranted inferences and argumentative allegations, as opposed to properly pled statements of fact, cannot withstand a demurrer. Giordano v. Ridge, 737 A.2d at 352; see also Myers v. Ridge, 712 A.2d 791, 794 (Pa. Commw. Ct. 1998); Dorfman v. Pennsylvania Soc. Servs. Union-Local 668 of Serv. Employees Int'l Union, 752 A.2d 933, 936 (Pa. Commw. Ct. 2000) ("[M]ere conclusory allegations in the pleadings without supporting factual allegations are not sufficient." (citations omitted)). 13. Plaintiff s Complaint fails to identify any cause of action and does not set forth any elements of a cognizable claim. Accordingly, Citi's Preliminary Objections should be 3 sustained and Plaintiff's Complaint should be dismissed with prejudice. See, e.g., Firetree„ 920 A.2d at 911 (preliminary objections should be granted when the allegations of the complaint do not set forth a cause of action upon which relief can be granted). 14. Even were the Court to assume that Plaintiff intended to pursue claims for breach of contract or some other cause of action predicated upon the statement allegedly made at the November 29, 2011 hearing - the only potential claims discernable from Plaintiff's sparse allegations - those claims would necessarily fail. 15. To state a claim for breach of contract, Plaintiff must allege: (1) the existence of a contract, including its essential terms; (2) a breach of a duty imposed by the contract; and (3) resultant damages. CoreStates Bank. N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa. Super. Ct. 1999). Here, however, Plaintiff has not alleged any of those elements and has not articulated any facts that, even if proven true, would satisfy those elements.2 16. Additionally, to the extent Plaintiff purports to predicate any claim on the alleged statement made during the November 29, 2011 hearing, any such claim would be barred by Pennsylvania's absolute litigation privilege. See Binder v. Triangle Publications Inc., 275 A.2d 53 (Pa. 1971); Bochetto v. Gibson, 860 A.2d 67 (Pa. 2004). 17. Accordingly, Plaintiff has not stated, and cannot state, a claim against Citi, and his Complaint should be dismissed with prejudice. See, e.g., Firetree, 920 A.2d at 911 (noting that a demurrer must be sustained where a claim alleged cannot be granted as a matter of law). 2 If Plaintiff intended to pursue a claim for breach of contract, he also failed to attach a copy of the contract which is required by Pennsylvania Rule of Civil Procedure 1019(i). 4 WHEREFORE, Defendant CitiFinancial, Inc. respectfully requests that this Court sustain its Preliminary Objections and dismiss Plaintiff's Complaint with prejudice. B. Plaintiff s Complaint Fails To Comply With A Rule Of Court. 18. Citi incorporates the foregoing paragraphs as if fully set forth herein. 19. Pennsylvania Rule of Civil Procedure 1019(a) requires that "[t]he material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa. K. Civ. P. 1019(a). 20. Pennsylvania Rule of Civil Procedure 1028(a)(2) permits a party to file preliminary objections for the failure of a pleading to conform to a rule or law of court. Pa. R. Civ. P. 1028(a)(2). 21. Plaintiff's sole allegations are that "During the 29 Nov 2011 trial the Defendant failed [to] show credit for double payments of APR, MAY + JUL 2011 [and] the Defendant assured Judge Day that the account was credited + current. * * * Plaintiff assumed testimony of proper credit to mean APR, MAY, JUNE +JULY. Didn't realize the error until later." (Compl. T¶ 3-4) (capitalization altered and punctuation added). 22. Those allegations do not satisfy Pennsylvania Rule of Civil Procedure 1019(a). 23. Accordingly, Plaintiff has not complied with a rule of law and his Complaint should be dismissed with prejudice.3 3 Alternatively, Plaintiff should be compelled to file a more specific pleading consistent with the requirements of Pennsylvania Rule of Civil Procedure 1019 and Pennsylvania law. 5 WHEREFORE, Defendant CitiFinancial, Inc. respectfully requests that this Court sustain its Preliminary Objections and dismiss Plaintiff's Complaint with prejudice. Date: March 29, 2012 Martin C. Bryce, Jr., Pa. ID No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Jeffrey B. Goldberg, Pa. ID. No. 309672 Ballard Spahr LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: 215.665.8500 Facsimile: 215.864.8999 Counsel for Defendant CitiFinancial, Inc. 6 CERTIFICATE OF SERVICE I hereby certify that on March 29, 2012, a true and correct copy of the foregoing Preliminary Objections were served by U.S. mail on the following: Larry Walters 50 Polecat Rd. Landisburg, PA 17040 Plaintiff Dated: March 29, 2012 - Jeffrey B. Goldberg Exhibit A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 I Telephone: 717-486-7672 Larry Lee Walters V. Citi Financial - Attn: Kimberly Rodgers Larry Lee Walters Docket No: MJ-09303-CV-0000281-2011 50 Polecat Road Case Filed: 10/6/2011 Landisburg, PA '17040 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000281-2011 Larry Lee Waltors Citi Financial - Attn: Kimberly Judgment for Defendant 1112912011 Rodgers ANY PARTY HAS THE RIGHT TO APPE L 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 JUDGMENTITRANSCRIPT FORM WITH YOU NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED I THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGM NT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURT ER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERE IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION ITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUD MENT. ?S / y bate Magisterial District Judge Susan K. Day certify that this is a true an correct copy o the record o the proceedings containing the judgment. Djte Magisterial District Judge Susan K. Day MDJS 315 Page 1 of 2 Printed: 11/30/2011 8:39:59AM Larry Lee Walters V. Citi Financial - Attn: Kimberly Rodgers Participant List Plaintiff(s) Larry Lee Walters 50 Polecat Road Landisburg, PA 17040 Defendant(s) Citi Financial - Attn: Kimberly Rodgers 950 Walnut Bottom Rd Carlisle, PA 17015 Docket No.: MJ-09303-CV-0000281-2011 MDJS 315 Page 2 of 2 Printed: 11/30/2011 8:39:59AM Exhibit B COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of (/1Lff4eQIA;A1-6 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. U 40 Q7 NOTICE OF APPEAL Notice is given that the appelaant has filed in th? above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. i HAME OF 1V MG. DIST. NO. A NAAME D.J. '1- T-C?2 s 1t2'a-( . Ado d 1 3 O S srt.? f>tY ?RE????T 19? P-2 L L? 0-1 A r ?0( / ATE Zi CODE /? v2 4 DATE OF Ni THE CASE OF t r- ? 4 t ? ZS we C ?.' ,4 SIG NATURE OF OR AGENT c- v0000?2 21 I 1-- This block will be signed ONLY when this is required under Pa. If appe isnt was Claiftrit (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10068. This Notice of Appeal, when received by the Dis ' Justice, will Operate as a before a District Justice: A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days attar Aft Me NOTICE of APPEAL. I So"Oftr.a ftnoWyorDp* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY wheo appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of a al to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal at aPPdM(s) (Common Pleas No. i ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Srpnhn0(@ P0ftW-4ft"W0r8Vad RULE: To , appellee(s) (1) You are notified that a rub 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 ley certified or registered mail. (2) If you do not Ale a complaint within phis time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 %Wmh+n ofPM&Wwhwy w Dap* i i YOU MUST INCLUDE A COPY OF ' HE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHRE - COURT FILE To OE FiLED WITH PROTHmmARY GREEN - CDURT FILE YELLOW - APPELLANrs copy pkur - MPV TA AF CFRVRI nu APPFI 1 FF nni n. MPv TA RF cRamn nu nmT*k-r u Pcn" C PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER Ong of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) .20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature ofaflrant Signature of official before whom affidavit was made 'rife of ofriclat My comrlt MM* pir Son 20? tats ?:. ZQ 0- ca 3? Ot-- 0W N Z J Q? v c. a Exhibit C . F Tip: pGNCP?r'`' ?C '012 r v /`?'? '? ZQ12 FEB 21 PM 2* 20 CUMBERLAND UUN't), , PENNSYL'?s? T Z,Oxx,/ C,/? rvA j L? ?i r1 r/ l?r? /7 av? az-? e64,)4e Lz r ;q, l/-gyrz C I I/IL /f Lrro/V 414 '--' /IVA 70 y ? AA." 4,J,4 G,ivr -05 2 1'7? /cam ? ??? ? ? P? y? _ ? ? MFG, Ode ? cz Al' v ? J V c,vIG GrrD? 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Duschek, Agent 15th Floor, Strawberry Square Harrisburg, PA 17120 RE: Larry Walters, BCP-11-05-024232 Dear Mr. Duschek: Metro Bank received your letter on August 11, 2011 regarding the above captioned subject. I have researched Larry Walter's complaint regarding the Citi Financial payments. We called Mr. Walters on August 26th in order to -make sure we had a full understanding of the complaint. We provided the following information to help the Customer: I We mailed Statements from April 2011 through July 2011 to show that Citi Financial IX-A was paid double each month from Mr. Walters on line payments and also by actual checks that he wrote from his account. • His son set the on line payments to automatically go to Citi Financial. • The Customer is removing his son from his account as POA. • We modified the on line payment with the correct Citi Financial account so the payment posts correctly. • Mr. Walters will have access to make changes as needed in any of our Store locations. • Additionally, he has the phone number for our On Line Banking Manager in the event he has any further requests. I apologize that the Store employees were not able to provide the information that Mr. Walters needed to help him prior to this letter. A Satisfaction check for $10.00 is being mailed to Mr. Walters for not meeting his service needs immediately. If you have any questions, please give me a call to assist you at 717-412-6630. Respectfully, Metra ank Cheryl Riebling, VP SR a it Market Manager Copy: Larry Walters METRO BANK Transactions By Date Debit Credit Balance A J `6. LARRY L WALTERS 04/04/11 CAPITAL ONE CARD ONLINE PMT WALTERS,LARRY =ar:s 17? tc?tT9 ,_.• 03129111 Centuryl-ink Telecom $62.28 $496.41 LARRY WALTERS 04101111 CREDIT MEMO $1,850.00 $2,329.41 04/04111 CITIFINANCIAL PHON PAYMT $75.00 $2,234.41 RF9041689 04105 ?w $100.00 - - $2,034.41 RF9056778 04106 123024 SHERMANS DALE,PA 04107111 CHECK 9116 $9.20 $751.85 04/07/11 CHECK 9120 $3.40 $746.95 Check Transactions Number Date Amount Number Date Amount Number Date Amount 108 03114 $528.31 , 112* 03114 $8.80 i , * < - i 15 03M $20.00 7116 - 8 7 5820 117 04107 $1.50 A* - 03}311, 119 03/28 $26.80 1 '(tlQ7,. ,' 124* 04/07 $39.00 125 "1 40.28 126 04/04 $20.00 1i7 04105 $2000 " \ 128 04/ 05 $21.00 130' -04105 #'3560 5164* 04/06 $160.00 Items denoted with an "E" are electronic entries and will not have a check image. Items denoted with an """ indicate processed checks out of sequence 0537375974 Page 3 of 8 S 0 0 0 0 m N 0 n 0 a e OneMain=M Financial 6801 Colwell Blvd NTSB 2320 Irving, TX 75039 August 24, 2011 Sent Via First Class Mall Frank F. Duschek, Agent Office of Attorney General Bureau of Consumer Protection Harrisburg Office 15th Floor, Strawberry Square Harrisburg, PA 17120 Re: Larry Walters; BCP-11-05-024232 Dear Mr. Duschek: We are in receipt of your correspondence, dated August 11, 2011, regarding the above referenced customer and appreciate this opportunity to address his concerns. We have had an opportunity to research the concerns raised and offer the following response. Our records reflect that Mr. Larry Walters obtained a personal loan with CitiFinancial's Carlisle, Pennsylvania branch office on May 7, 2007, wherein he agreed to repay a Total of Payments in the amount of $9,535.20, consisting of an amount financed of $5,189.73 and pre-computed interest of $4,345.47. The loan was repayable in 60 monthly installments of $158.92 each and was assigned account number 67380041-0356998. Please be advised that Mr. Walters account number was changed on April 1, 2009 to 67380041-0371427. As you may be aware, on July 1, 2011, CitiFinancial began operating as OneMain Financial. The contract that Mr. Waiters signed was for a pre-computed loan, which means that all finance charges are calculated and added to the loan at the closing. As evidenced by the Disclosure Statement, Note and Security Agreement, Mr. Walters is obligated to repay this loan. Under a precomputed loan, the Borrower promises to pay the Lender the Total of Payments shown above, at Lender's office, in substantially equal, consecutive monthly payments in the amounts shown above. As the Total of Payments from Mr. Wafters' May 7, 2007 loan was $9,535.20 and reflects both the Amount Financed and Finance Charges under the contract, that Total of Payments amount will be reported to the three major credit reporting agencies. Any payments appli to the loan will reduce the total balancee loin until the account i aid in full. ,7, C .r2 ;04 a Orr, For your review, I have enc osed complete pa nt history. In reference to the payments that Mr. Walters states he was asked to pay, OneMain Financial was collecting on his missing payments. We have researched his concerns and have determined that based upon the bank statements he provided, there are two payments that were issued, dated Au ust 4, 2011 an January 4, 2011, at have not posted to his ban. I have confirmed that all other payments on r. Walters' banks amens nave been posted to his account. At this time, we ask that Mr. Walters -provide front and back co ies of the checks for the dates listed above to his local branch so that they can research -is er. in a lion, we as that r. Walters use the correct account number when sending in payments. It appears that he is using the original account number of 67380041-0356998 and not the current account number of 67380041-0371427. While we continually strive to provide a superior level of service to all our customers, we regret that we may not have succeeded in meeting Ms. Stewart's expectations. Should you or Mr. Walters have any questions or comments, please feel free to contact me at 803.835.4656. Sincerely, Christopher A. Gile Resolution Specialist Executive Response Unit Enclosure cc: David Pinder OneMain Financial # 38-0041 CR l? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) ?U TI,110 A THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter forrtAi n t1 22 Ati Ig: I ------------------------------------------------------------------------------- CAPTION OF CASE --------------------------- .: . F "i E tR L. A N D COUNTY (entire caption must be stated in full) `) t S Y h_VA N 1 A Larry Walters VS. Ciffinancial, Inc. No. 11 9412 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections and Plaintifrs "Rebuttal of Plea to Dismiss' 2. Identify all counsel who will argue cases: (a) for plaintiffs: Martin C. Bryce, Jr., Daniel JT McKenna, Jeffrey B. Goldberg (Name and Address) Ballard Spahr, 1735 Market St., 51st Floor, Phila, PA 19103 (b) for defendants: Larry Walters, Pro Se Defendant (Name and Address) 59 Polecat Road, Landisburg, PA 17040 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 13, 2012 Jeffrey B. Goldberg Signature Print your name CitiFinancial, Inc. Date: 6/21/2012 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 14 days prior to argument. 3. The responding party shall file their brief 7 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. ?19.?5? a I 060} ?s C1.t `A9-M61 LARRY WALTERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CITI FINANCIAL, NO. 2011 - 9412 CIVIL TERM Defendant CIVIL ACTION -LAW IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, PLACEY JJ ORDER OF COURT AND NOW, this 27TH day of JULY, 2012, Defendant's Preliminary Objections are SUSTAINED in part. The phrase "The defendant assured Judge Day that the account was credited and current" is STRICKEN from paragraph 3 of the complaint. Paragraph 4 of the complaint is also STRICKEN. In all other respects Defendant's Preliminary Objections are OVERRULED. Defendant is directed to file an answer within twenty (20) days. v1 Larry Walters 50 Polecat Road Landisburg, Pa. 17040 Jeffrey B. Goldberg, Esquire 1735 Market Street, 5 Floor Philadelphia, Pa. 19103 L/ Court Administrator sld 'led '71301 By the-Cow Edward E . Guido, J. 0 C' cp C) , BALLARD SPAHR LLP By: Martin C. Bryce, Jr., Pa. ID. No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Jeffrey B. Goldberg, Pa. ID. No. 309672 1735 Market Street, 51st Floor Philadelphia, Pennsylvania 19103-7599 Telephone: 215.665.8500 Facsimile: 215.864.8999 Attorneys for Defendant CitiFinancial, Inc. NOTICE TO PLEAT) TO: PLAINTIFF LARRY WALTEF You aze hereby notified to file a written response to the enclosed Answer with Affirmative Defenses within twenty (2i from service hereof or judgment may b entered against you. Attorneys for itiFinancial,l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 11-9412 ~~ N A C 4'7 N O a ~: days _;:°~ -~-; _; - Larry Walters, Plaintiff, V. CitiFinancial, Inc. Defendant. c°~ ~~ 2~ 2 ~~ b ~Z m~ z ~' `~ ~~ z ..~ Defendant CitiFinancial, Inc. ("CitiFinancial"), by its undersigned counsel, hereby responds to the Complaint of Plaintiff Larry Walters ("Walters") as follows: 1. Denied. After reasonable investigation, CitiFinancial is without knowledge or information sufficient to form a belief as to the truth of the allegations of this pazagraph and, therefore, they are denied 2. Admitted. It is admitted that CitiFinancial has an office on Walnut Bottom Road in Carlisle, Pennsylvania. 3. Denied. The allegations of this paragraph aze specifically denied. Lw1 "~'i DMEAST #15501438 v2 5. Denied. CitiFinancial denies any liability whatsoever and demands judgment in its favor and against Plaintiff Larry Walters together with costs of suit and any relief awazded by the Court.' AFFIRMATIVE DEFENSES FIRST DEFENSE The Complaint fails to state a claim upon which relief may be granted. SECOND DEFENSE Plaintiff has not suffered any actual harm or realized an ascertainable loss. THIRD DEFENSE Plaintiff has failed to mitigate his damages, if any. FOURTH DEFENSE Plaintiff s claims are barred in whole or in part by the doctrine of laches, waiver and estoppel. FIFTH DEFENSE CitiFinancial has acted with due Gaze at all times and complied with all laws, regulations and standards and otherwise acted reasonably. SIXTH DEFENSE Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. SEVENTH DEFENSE CitiFinancial reserves the right to assert additional defenses at such time and to such extent as warranted by discovery and the factual developments of this case. Paragraph four of the Complaint was stricken by this Court's Order dated July 30, 2012 DMEAST X15501438 v2 2 WHEREFORE, CitiFinancial, Inc. denies any liability whatsoever, and demands judgment in its favor and against Plaintiff Larry Walters together with costs of suit any other relief awarded by the Court. Date: August 17, 2012 Martin C. Bryce, Jr., Pa. ID No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Jeffrey B. Goldberg, Pa. ID. No. 309672 Ballard Spahr LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: 215.665.8500 Facsimile: 215.864.8999 Counsel for Defendant CitiFinancial, Inc. DMEAST X15501438 v2 3 f~JG-1712012 09:49 From: 4103323734 To:91~62358375 P~ae:1~1 'YERtF'ICATI()N 1, 'Lynn P. Yoder, hereby state that the F~u:t~ set forth in the Answer to p'taindff Walters' Canlplaint aac ttuc and eorreu:l ~ the best cif my knowledge, informatitm and be This verification is made subject C(~ the pcnaltiec of 18 Pa.C.S.A. ~ 4904. laatetl: August 17, 2012 DMEJi18T N15520948 v1 CERTIFICATE OF SERVICE I hereby certify that on August 17, 2012, a true and correct copy of the foregoing with Affirmative Defenses was served by U.S. mail on the following: Larry Walters 50 Polecat Rd. Landisburg, PA 17040 Plaintiff Dated: August 17, 2012 ~~ Jeffrey B. Goldberg DMEAST #15501438 v2 ~~ ii..~~.-(l+~~r lG~. :~ i'i~ ~f~OT~~tONflTA~' ~Y~~~~+ ~fA-t-t a 2S ~ 28 Alill~ 41 ~~ PENN YLVA~N ~ i'Y C! 5 ', ~/~/'B/~I.~~/v fz r iv~~vc-~pc, p~i~'~.~D.a.v-~ !+ ~r ~~nr o~~ ~,~.Yd.N/~~s l~yLl~~~~-~~ ~-U ~.~ivN~ tai v/ ~ ,~G~a~/ ~.®h/ Oo~~ ~ /l-qY~ 2- '~~-/S C 5 /Q~DIG~LOGs ~i! T/ ~/N,9.~/fZ~'A L Dl~/LIGZS ~'t~/t'~T T7~G2 ~L,~,tI~T//;,~ L/ u ~s ~-7- ~ ~o z ~ ~.e- r-- /QoC l 7D ~ ~//®' ~.ac~ ,A~o ~~ ~~~~ ,~'2v~t ~~~,~so~ T~ Ci~GQ G~ S~ ~ ~.~ ''' ~o L u ~ ~ /5 O~-~ b ~t ZG~ ~L~1/v7'IF' ~/~s /~O.~wr4lt/'L~~ ~oJ'/G~ ~/e 9/`~.Q G~ ~`~ ~~f G~j v 2 r ,~GT~or/ /~~4it/~ dv.~L~ dui y ~' ill ~~~~/~•~ ~ c~~s ~c~rQ ~/~ ~~i~~w~,~ ~' /~c?~~ sus ~~ /~C dcvo 1.,~ ~ L?o ~ GZ ~ ~ Y ~-P~' /~-Y ~- ~vL y .2011 ,~ ~ ~~/ ~~~~~5 Div-~.9-rr.~ /¢~Y~~~ G///~5 ~'~~3 X472 ~' L~ / N Y'/I~'~ rjO~i~C"5 ~~~I~GD~ a~ ~~ ~lGf l~/~1- ~ "~ u ~~ '~~ I~TG ~ }~~~~ J I-q�►� CUMBERLAND COUNTY PRISON REQUEST FORM FROM: L re,!t� DATE: � y UNIT: SECURITY STAFF TREATMENT STAFF ❑ WARDEN ❑ DEPUTY WARDEN-TREATMENT ❑ DEPUTY WARDEN-SECURITY ❑ WORK RELEASE MANAGERS ❑ DEPUTY WARDEN-OPERATIONS ❑ MEDICAL DEPARTMENT ❑ TRAINING SPECIALIST ❑ EARNED TIME CASE MANAGER ❑ ACCOUNTS OFFICER ❑ DRUG/ALCOHOL CASE MANAGER ❑ RECORDS DEPARTMENT ❑ CORRECTIONAL COUNSELOR ❑ MAINTENANCE DEPARTMENT ❑ MENTAL HEALTH CASE MANAGER Shiftleader: ❑ CHAPLAIN ❑ INSTITUTIONAL PAROLE OFFICER BE SPECIFIC IN EXPLAIA'ING REQUEST Re 0 a a S I co JVA/z 'rf�� a q evo / 3 4 ANSWERED BY: DATE: D'T's 0 i�11 10 r_l c# -1F 1 l oi 4 0•-Cl GEN-5 REVISED: 11-00 Ballard Spahr LLP 1735 Market Street,5rst Floor Jeffrey B.Goldberg Philadelphia,PA 19103-7599 Direct:215.864.8319 TEL x15.665.8500 Fax:215.864.8999 Fax 215.864.8999 goldbergjb @ballardspahr.com www.ballardspahr.com May 16, 2013 Via Certified Mail Larry Walters 50 Polecat Rd. Landisburg,PA 17040 1101 Claremont Road Carlisle, PA 17103 Re: Walters v. CitiFinancial, Inc.No. 11-9412 Dear Mr. Walters: On behalf of my client, CitiFinancial, Inc., enclosed please find a copy of CitiFinancial's First Set of Interrogatories and First Set of Requests for the Production of Documents. Pursuant to Pennsylvania Rules of Civil Procedure,you are to respond to these requests within thty(30)days of service. 1 C5 fg`'-c.�t�aa°�i fir' Sincerely, Jeffrey B.Goldberg � `� � � /�t�r✓JZ JBG:jbg 6-2 0�/z, 0&Z7C-1e1,oz-C 'ter -�c�'-l�aX7G Enclosures kj� MoAo r`S O l' Ar*;�7fl cc: Martin C.Bryce,Jr.,Esquire Daniel JT McKenna,Esquire A-11 "''7 n� I)002/13,ua 121,4'Ya�rs I- Pr— ell �lL�S DMEAST#16778297 vl 772�0�ya�/, FAA v 0 lld-� Atlanta I Baltimore I Bethesda Denver Las Vegas I Los Angeles I New Jersey Philadelphia I Phoenix Salt Lake City San Diego Washington,DC I Wilmington www.ballardspahr.com c`? 0 4 � � BALLARD SPAHR LLP By: Martin C. Bryce, Jr., Pa. ID. No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Andrew E. Kampf, Pa. ID No. 309254 1735 Market Street, 51st Floor Philadelphia, Pennsylvania 19103-7599 Telephone: 215.665.8500 Facsimile: 215.864.8999 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Larry Walters, Plaintiff, v. Citifinancial, Defendant. : No. 11-9412 SUBSTITUTION OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly substitute the appearance of Andrew E. Kampf in place of Jeffrey Goldberg on behalf of Defendant, Citifinancial, in the above -captioned case. Date: October 20, 2014 Martin- Bryce, r., . ID No. 59409 Daniel JT McKenna, Pa. ID. No. 93930 Andrew E. Kampf, Pa. ID No. 309254 Ballard Spahr LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: 215.665.8500 Facsimile: 215.864.8999 Counsel for Defendant Citifinancial ,y7 CERTIFICATE OF SERVICE I hereby certify that on October 20, 2014, a true and correct copy of the foregoing Substitution of Appearance was served by U.S. mail on the following: Larry Walters 50 Polecat Rd. Landisburg, PA 17040 Defendant Dated: October 20, 2014