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Home My WebLink About12-1816COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ?kJudicial District, County Of Cvyyr? \? NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 11 - COMMON PLEAS No. Z19-MV L,I ?I I 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 District Justice on the date and in the case referenced below. -M Ur A', Cw`aI•/N I Z?-z DIST. NO. E F D.J. /Vr -- - D S F APPELLANT Q ? CIT -I -f r_cT.q ZIP CODE A OF JUDGMENT IN THE CASE (Plaintiff) ---"-_----- -7 (Defendant) VS ty, DOCKET No. SIGNATU F APPELLANT O T ORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. ;e0fore a ant wa R.C.P.D.J. No. 10086 s Claimant (see Pa R.C P.D.J. No. 1001(6) in action 0,0 . This Notice of Appeal, when received by the District Justice, will operate as a 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. 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ,(:r- appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. a?? a ???w ) within twenty (20) days after service a or suffer en of judgment of non pros. Signature of appellant or attorney or agent RULE: To ???7? appellee(s) Name of 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 /a Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY x? U i L HE PROTHONOTAK i 2012 MAR 21 PM 2: 08 CUMBERLAND COUNTY PENNSYLVANIA (r -? 8 j Qa, Sb pa a f y (111' pkl 44 837 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 No. upon the District Justice designated therein or (date of service) by personal service '1_ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name,I ?z 20 by personal service Ll by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE: ME THIS DAY OF 20 Signature of official before whom affidavit was made _ Title of official My commission expires on 20 Signature ofaffiant A0PC 312A - 02 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Joseph P. Murphy. Esq. 310 Grant Street, Suite 3309 J. Murphy Law Firm Pittsburgh, PA 15219 Judgment SummaryFIA Card Services N. A. Disposition Summary Docket No Plaintiff Defendant MJ-09201-CV-0000008-2012 FIA Card Services N. A. Laura C Hoover V. Laura C Hoover Docket No: MJ-09201-CV-0000008-2012 Case Filed: 1/19/2012 Disposition Disposition Date Default Judgment for Plaintiff 03/06/2012 Participant JointlSeve ral Liability Individual Liability Amount FIA Card Services N. A. $0.00 $0.00 $0.00 Laura C Hoover $0.00 $8,117.63 $8,117.63 Judgment Detail ("Post Judgment) In the matter of FIA Card Services N. A. vs. Laura C Hoover on 3/06/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Seve ral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $7,964.63 $7,964.63 Filing Fees $0.00 $153.00 $153.00 Grand Total: $8,117.63 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 JUDGMENTITRANSCRIPT 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. 3G/Z' Date Magisterial District Judge Paul M Fegley P?,< <ca.a?rt.,. certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03106/2012 10:45:13AM 1 9 Z01Z ` FI OF P FWE?pL ENNSYLVANIA P JAN CIVIL COMPLAINT NTY OF CT TMRFR1.AND NAME and ADDRESS TIFF : PLAIN Magisterial District "IUmbec District Court 09-2-01 MDJ Name: Hon. 'aula P Correal FIA CARD SERVICES, N.A. Address 2260 Spring Road Go Edwin A. Abrahamsen & Associates, P.C. Carlisle, PA 17013 120 N. Keyser Avenue Scranton, PA 18504 570-558-5510 (P) Telephone: 717/218-5250 VS. DEFENDANT: NAME and ADDRESS LAURA C HOOVER 1190 NEWVILLE RD CARLISLE PA 17013-1739 Docket No C %/- S- I ) , AMOUNT DATE PAID FILING COSTS $ 143 , 0 ! ! POSTAGE $ 10, Social securhy numbers ,and financial inforniation (e.g. PIN$) should not be' listed. 1f the Wen tity 6 f a n SERVICE COSTS $ account. number must be established, list onl}r the CONSTABLE ED. $ last four;tlirgits. 204 Pa.Code_§§ 213.1 - 21 IT TOTAL 2 $ / 1 9 / 1 Pa_R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $7,964.63 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): The principle amount of $7,964.63 (Account # ending 0123) is due and owing for credit granted by FIA CARD SERVICES, N.A. when the balance is in default since November 23, 2010. The Plaintiff respectfully requests that judgment in its favor and against defendant in the amount of $7,964.63 plus court costs. I, Michael F. Rat;hford Esquire verify that the facts set forth in this complaint are true and correct to tl- best of my knowledge, information, and belief. This statement is made subject to the penalties of ctio 4904 of the Crimes Cod P) ? C.S. § 4904) related to unswom falsification to authorities. (Signature of Plaintiff or Authoriz/d Agent) The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MA` BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-1 l ,? .? - NME PROTHONQTAFj,I 2612 11AR 28 PM I : 4 3 CUMBERLAND COUNTY PENNSYLVANIA 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 " PENNSYLVANIA COUNTY OF ; ss i e3 At- - _ AFFIDAVIT: I hereby (svi ar) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. A upon the District Justice designated therein on , 20 2,. ? by personal service 6 (certifie,O) (registered) mail, (date of service) sender's receipt attached hereto, and upon the appellee, (name) on -3,12,6 20 / ?? ? by personal service ?y (certified),Xregistered) mail, sander's obceipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBE BEFORE ME THIS DA`! OF . 20 /'2-., Signature of affiant Signature of officio! before whom affidavit was made Tine of offlc+a! My commission expires on 20 Postal CERTIFIED MAIL,,, RE(-FIPT `a (Domestic Mail Only, No Insurance -14ded) M M -- h -n Postage M r rhtieo fe- C3 Return Receipt - --- '? ?o mark<o O (Endorsement Required)j i IAYe ---- - r Restricted Delivery Fee O (Endorsement Required. •da'r Total Postage & Fees $ O ? Sent To Str"eei, APr Nb.; -_ Honorable Paul M F y or PO Box No. ------------------- City State, Zia+a 2260 Spring Road, Suite 3 Carlisle, PA 17013 r.. NOtarld Sod Deborah A. 8lartd0rd, Notary Pudic S Cfty of PWburghr MW" COul*y r .. rn M M r- Postage ertified Fee M E3 Return Receipt Fee E3 (Endorsement Required) C7 Restricted Delivery Fee (Endorsement Required) E:3 r? -I- Total Postaae & Fees I '? FIA CARD SERVICES, N.A. r-q sent To r-1 fiireei, c/o Edwin A. Abrahamsen & Associate C3 a--"------------- or PO Box f city sriie,. 120 N. Keyser Avenue lr,^ / Scranton, PA 18504 IF See Revetse to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, J Ire FIA CARD SERVICES, N.A. _ 655 PAPERMILL ROAD CIVIL ACTION r Z a L NEWARK, DE 19711 "'w!'<° _ ?_ ;?ip CvUNTy Plaintiff iy}{Y?'AIA vs. 12 - ) 6rd NO: AS*-985--Q- LAURA C HOOVER 1190 NEWVILLE RD CARLISLE PA 17013-1739 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 FIA CARD SERVICES, N.A 655 PAPERMILL ROAD NEWARK, DE 19711 CIVIL ACTION Plaintiff vs. NO: CV-008-12 LAURA C HOOVER 1190 NEWVILLE RD CARLISLE PA 17013-1739 Defendant COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA Card Services, N.A. , (hereinafter "Plaintiff") is a corporation with a principal place of business located at 655 Papermill Rd Newark, DE 19711 2. The Defendant Laura C Hoover (hereinafter "Defendant") is an adult individual residing at 1190 Newville Rd Carlisle PA 17013-1739. 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 FIA Card Services, N.A. with the account number ending in 9332. 5. Use of the FIA Card Services, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA Card Services, N.A. credit card account number ending in 9332, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. (See, Statements attached hereto as Exhibit "A.") 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The Defendant last made payment on November 23, 2010. 10. The total amount due and owing the Plaintiff including interest, is $8,117.63. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $8,117.63 plus costs of suit and any other relief as the Court deems just and appropriate. ly Edwin A. Abrahamsen & Michael F. Ratchford, Esc 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 1, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , 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. EXHIBIT A Bankof America W LAURA C HOOVER Account Number: 5329 05714228 9332 April 26 - May 25, 2011 Account Information: w ww.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 15028 Wlmington, DE 19950-5028 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 1.99881i019 Customer Service: ISWA212110 (1.800.3483178 TM New Balance Total .....................................................................$7,766.81 Current Payment Due .....................................................................$269.00 Past Due Amount .......................................................................$1,460.00 Total Minimum Payment Due .......................................................$1,729.00 Payment Due Date ........................................................................6/22/11 Previous Balance ........................$7,573.02 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0.00 Fees Charged .......................... .......................36.00 Interest Charged ..................... .....................758.79 New Balance Total .........................$7,766.81. Late Payment Waming: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00. Credit line ....................................$7,100.00 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date ...................5/25/11 Payment each period, you will pay more in interest and it will take you lon&-r Days in Billing Cycle ..................................30 to pay off your balance. For example: Trenaechcn Poa&g Reference Account Date Date Desaphon Number AWmber Amount Total Fees 05/22 05/23 LATE FEE FOR PAYMENT DUE 05/22 7573 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 05/25 05/25 Interest Charged on Balance Transfers 0.00 05/25 05/25 Interest Charged on Cash Advances 0,00 continued on nm pegs... 21 0077668100172900000250000005329057142289332 BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19BO6.5019 LAURA C HOOVER 1190 NEWVILLE RD CARLISLE PA 17013-1739 Account Number. 5329 05714228 9332 New Balance Total ...........................................................$7,766.81 Total Minimum Payment Due ..............................................1,729.00 Payment Due Date ...................................................06/22/11 Enter payment amount Check two for a craVia of maAK g odd ess or phone numbers. Aerie prowls all c?dtec8?ona on the reretse aide. Mel this coupon along with your cheak payable ta: Bank of America i:5 2160 2 2 2 5M: 13777L[a 2 2139 3 3 20 If you would like information about credit counseling services, call 1$663005238. ItMPORTANT INFORMATION ABOUT THIS ACCOUNT CUSTOMER TIPS FOR DISPUTED ITEMS Many irnesdisputedchar-,es1releitima.techarResthateuRiamersmapnotrecnk-ni,.e orrernemhet Before di-putiogarhargr, we reconimendthat ynuverifyafewthings and make eve'v effort to resolve the dispute with the merchant. Often the merchant can answeryourquestionsa.ndeasil resolveyottrdispute. The mertliatit's phone numbe. r may- he located (-u y"t ur receipt or billiuE, tatemeCIL. • Ila,, a credit posted to your account? Plea -allowttpt_,.;playsEirntthedateou curcaeditviurherur a6L nowledgBfne:I L hAlet for the merchant clean to post. • Is the charge or amount unfamiliar' Cht, l with oLlie ja rvors l.ulhur izud to use the a COnnt to make surethey did nu make the charge tits pu- sible that the incrcbaiita billing n acne> and su)rcn,amc.,al difeicutor aniountsran easilybcconfusedwithsittlilar Charges OFinehidc tips. tinew3vTit check for the credits or toiiewt.i:an action details isiolook atyour 1 coni? =tateuient8 online. It'you are not enrolled in Online Banking, it is Fasyto enroll using the well a-idress c•n the Iron L of your staLrmeit t or give us a call. Please remember: Once you receive your statement witlt a transaction mu wish to dispute.,,you only have 60 days to di spute the charge. GRACE PERIOD/PAYING INTEREST "Grata Period" meauts tlic period of Unt@ during it billing c ycle when ytat will nut accrue it lerCA Oil Cer.ain trap=actions or balances. There is no Unice Period forBalattct; Transfers ur Cash Ac ance ; are begirt chareiug intere= I on Balance Transfers and Cash Adv.,rcesotthetran?actiondate. y?'ew llnotchargeirterestonI ucllasesontheneYt stateeentifyou pay the. Nec$alance'foVd in hill bythe Payment Due Datc,an(lyon hall pa i d i n fin fl be t he preiioo n Payment Due D.axe. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Avor age Balance Mot hod r including new BAlanee Transfers and new Cash Advances I: We calculate separate Balance., Subjct:t to a n L•anxu t hate for Balan::c Transfers, Cash Advancc s, and fur cads Proi uotiunal Offer balanu, consisting of Balaaice Transfers or Cash Advaucw.t. We do this b r 1) ualctdatint; a. tUdy balance for each day iii thi; ataterttent's billing ey de; (2) calculating a da ilv balarioo for each day- prior to this statement'., billing cycle that had a "Pre Cycle balance' -a Pre-C: ,cle balance is a Balance Transfer Ora Cash Advance with a traasacLicit date prior to this statement's billing cycle but. with a pnstir.g date within this -tatement.'s hiking cycle; (3) adding all the ria.ily hulancestogether;arid; 4)dividing the,sumofthFf ilybalancesbythenomiwrofdaavsin this statement', hillin-, cycle. To calculate. the daily halanec for each day in this ;tatcmcni's hillin; cycle,tcc tike the bcgirining balaiic, •% add an amount equal w the applicable Daily Periodic Rate multiplied by the proviuus day's dull,}' ba.lana;, add itcsv Balance Transfers, new Cash Advariccs and rrtuteac ti an Fec_ ,and sub tract applicable pay i runts and credits. If any daily balance is less than -Zero we treat U a, Vero. To calculate a dash balance for each day prior to this statement's billing cycle tLtt had a Pre-(N-cle haiance, we take. the hg4rineing halance attribotable solely to Pred'vcle halan-:e (which will be zero on the transaction date of the first Pre-( cle balance), add an amount ectual tothe. Rppfirabie Daly Periodic Nate multiplied hythe prminns day ? daily balance, and arld nn k• the applicable Pre-Cycle, ba la:nces, and their related Transaction Fees. We exclude fronn this calculation 311 transactioma posted in pretdous billing cycles. Average Daily Hn,lance klethod I including new Purchases': We calculate Repamle Balances subject to a n Interest Bate for Purchases and for each ProtnotionaIOfferbalance consisting ofPurchases.iLi;do this by: (1) alculatinga daily balance i"or each day in the billin Cycle; (2 t adding :ill the dally balances utgt:thcr- and (3; do id ing the suit) o C site daily balances byth u n u uibcr of days ill the billing cycle. To ctdcukale the daily baance for each day is this stalement's billing cycle, we take the beginning balance, add ati amount equal to the applicable Daily Periodic Kate fit Ld ti plied by the previous day's daily balance, acid new Pirrehases, new Acco in it Fees, and new Transaction Fees. anti snhh-act applicable pa}m?cnts and credits. l.f any daily halance i s PAYMENTS We credit nla fled pay raentc a es oft he. date received, if tile: payment i (i j received by 51'.111. Ioeal time at the adore:-a shown on the remittance slip on the front ofyon r monthly statement; (2) paid with a cheek drawn in U.S. dollars ona ITS. financial institution or a U.S. dollar money order; and (3) cent in the return envelope with only the rentittance portion of your statement. [acs Lonpanyiog iL. Payments received by mail after 5 p.m. local tittto at the remit barite add rc=s on any day including the Payntunt. D uc Date, but. that otherwise muct the alxrve :i quirenionts. will bo credited as ofthe next day. Payments rnadc online (IF by phone w6ll be credited as ofilie date of receipt if made by 5 p.m. Central time. Credit for anyotberpaynnentsmaybedeiayvdup#nfivedays. Nn pay-nient shall nlera.te aF an arco-rl a nil sattisfartion without the prior written approvril of one of mir Senior f)fticers. We.prcn ess most pay rttent checks electronically ttiy using ilie information foiuid, ou your check. Each cliKkau[horizes us to creaie a one-time electronic funds transfer (or prxessil.u acheckorpaper liafLl. Fundsmaybewithdrawn froLlIyour accuuni.assoon ad the same day wo receive, yourpayinc it. Checks are not returned luyott. For moire inturmation ortu,tnp the ck•ettx>niu funds transfers, sill us ut the numticr liatc:d on the front. ifyou have anIhor•ivA iris to payyour credit card hill automstica Ily from your savings or checking account with u,,yoi can stnpthe payment on anyamnuntynn think i3 wrong. TO step payment, your letter imist reach us tit least three Nosiness days before the automatic payment. is -chedoted to occur. USE611 Rev. 08/10 (3iVi.) VF f' Online Dartking is a%,ailalde:.14 iu;ut s a rLtt': 7 d;K" a wcck and asloivsvintoricethe.meatrecentactivityoaYour wcor lt. I PHONE I Lftl3G.26ti.U212 i For prompt sennc e pl Nasa have the merchant rf t rfAce oumherf=) acailabie tor -The charge(,) in gtteslk-n. MAIL kittc Billing Inquiries PO Pox 150213, Wilmington, DE 19850.5026 Whc o writing, please include Your Name, Account Numbcr, the reference ntunik,r ofthc dialwtuLum antl,pe tfic details regarding your dispute, including dar:•s of (mitact-Mth the nncrchant and the merchant's response in each instance. PIP aRe inehrde all aupport.ing docunlentatinn, in, inding sales and credit vouchers, rontract and postage return receipts as prcof of;uly returns. less than icro we treat it as zero. Wo iIidude the fees for cr edit i:aud debt Canuelia4ion or ctrdil insurance p urchased lbrough u5 in calculatiii r the I>eginrtiutgbaIance for the first clay of the billing cycle after the billing cycle in which such fee: are billed. TOTAL INTEREST CHARGE COMPUTATION Interest('ha gesa{cnteand.ryecnmponndednnadailyhasi3.'fnrloterntinethe l nt.P.reSt f ;ha I'„FS wP,17 U {tiplt' P.A,(l llalaRCe .? n hjP.CL t0 I nLPPP.?t ttit2t#' by if 3 apt)1i0a11{P. 1)8.11}' PeriMic haute alit that result-hv the numberofdac•F in the billing cycle. 'it) determine the total I mere-t Charge for the billing cycle. we add the Perindic Rate Interest Charges toguther. A Manly Periodic Rata is calculated by dividing an Annual Percenrapu Rate HOW WE ALLOCATE YOUR PAYMENTS Ify our account has balances with different APRs, we will allocate the antotint of your payment equal to the Total Minimum Pa;} merit Due to'he lowest APR balance., first Gnclud;ngtransa.ctiunsmadeaftcrthis rtateni nt). Paynreotamoantsinr?cessofyuar I'otai Alinimlini Payment Dne will beappliedto halancesw•ith higher APR: before, halances month lower A PR,. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone servicc,you authori2c its to initiate all electronic paymentfrontyuuraccount atthefinancialinstitutionyoudesignate. Youlnust authorize tltoameuntandtimingofuachpiiymcat. For your ;rutcciion,wewill askfor sCUrri.ty iuEurniafiun. A fee taay apply for expedited sez %" L e. TO cancel, call us before [lie scliedtdedpryyrneutdate. Saone-day psytnentSuznno be ediledor eanceled. MISCELLANEOUS For the romp fete terms -and conditi onS of your arconnt, con sn It your Credit Card Ag Pwme.iit- FIAC'ardtiereiresisatradenamentf IA(:3rdSc=r Ines,N_A.'fhi3accnuntis issued and administsrerl by h'IA yard Services, V.A. If your billingaddress or contact information has changed, or if your address; is incorrect as it appears on this bill, please proAde all corrections here, :Address I Address 2 City State Zip ArcaC'udc IIonie .Phone Area Coyle K Work Phone. Bankof America 5329 05714228 9332 April 26 - May 25, 2011 Page 3 of 4 Transaction Pbatirg Reference Account Date Date Desaprion Number Number Amount Tots) Interest Charged 05/25 05/25 Interest Charged on Purchases 158.79 TOTAL INTEREST FOR THIS PERIOD 5158,79 s Total fees charged in 2011 $175.00 Total interest charged in 2011 $759.70 Your balance exceeds the cnfit limit Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Promotional Promotional Balance Interest Percentage Transaction Ober ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 25.24%V $ 0.00 $ 0.00 Cash Advanoes 25.24%% $ 0.00 $ 0.00 Purchases 25.24%V $7,654.12 $158.79 APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary) Bankof America 4? Account Information: www.hankofsmerica.com Mail billing inquiries to: Bank of America P.O. Box 15026 Wilmington, DE 19950-5028 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19888-5019 Customer Service: 1.800.4212110 (1.80034&3178 rM LAURA C HOOVER Account Number: 5329 0571 4228 9332 May 26 - June 24, 2011 New Balance Total .....................................................................$7,964.63 Current Payment Due ....................................................................$275.00 Past Due Amount .......................................................................$1,729.00 Total Minimum Payment Due .......................................................$2,004.00 Payment Due Date ...........................................................----........7/22/11 Previous Balance ........................$7,766.81 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0.00 Fees Charged .................................................36.00 Interea Charged ..........................................162.82 New Balance Total .........................$7,964.63 Late Payment Waring: If we do not reoerve your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00. Credit Line.. .................................. $7,100.00 Total Minimum Payment Waring: If you make only the Total Minimum Statement Closing Date ....................6/24/11 Payment each period, you will pay more in interest and it will take you longer Days in Billing Cycle ..................................30 to pay off your balance. For example: rmnsecbon Poearg Date Data Desaphon Fees 06/22 06/22 LATE FEE FOR PAYMENT DUE 06/22 TOTAL FEES FOR THIS PERIOD Reference Account Number Number Amount Total 7766 35.00 $35.00 Interest Charged 06/24 06/24 Interest Charged on Balance Transfers 06/24 06/24 Interest Charged on Cash Advances oontimed on need page... 21 0079646300200400000250000005329057142289332 BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 1988&W19 LAURA C HOOVER 1190 NEWVILLE RD CARLISLE PA 17013-1739 Account Number. 5329 05 714228 9332 0.00 0.00 New Balance Total ...........................................................$7,964.63 Total Minimum Payment Due ...... ........................................ 2,004.00 Payment Due Date ...................................................07/22/11 Enter payment amount F] Check here fora charms ofnw1#7geddeas orphone numbers. lease pmwAg all carechone on fhe i9mrse s,iie. Mal this coupon along with your check payable to: Bank of America ii: 5 240 2 2 2 50,: 13??? 14 2 28933 211' If you would like information about credit counseling services, call 1$66300-5238. -- -- - ----- - --- - ?IMPORTANT INFORMATION ABOUT THIS ACCOUNT CUSTOMER TIPS FOR DISPUTED ITEMS Ala n,;irnesdi putedrhargrvnrelP itimate chargesthat;xtsttmersmatnoi.recng-nize n?re-rnember. Befnrr dt?pitt.ing.t ch.trge, w•r recommend that van verifya. tew• thin,ys and make every effort to resolve t-he dispute with the merchant Often the merchant can answeryonr questions and easily rescdveyottr dispute. The merchant's phone number may he located ouyoarreceipt or biking statement. l las a credit punted to your account'? Please allow up to:31) clays front the date on t•ourcredittroucher Or aeknowledgemeut letter for the eterchaiii credit to post. Is the charge oramount unfamiliar? Check with other persons aut-horto u?e the a.ccOUnt to ntake sure they did not make the charge. i€ is posible that the inerchauts' billing na.uae and store n.ante? arc diffcrurtt or amounts Can cs.isily be confused Leith similar charges orincludc tilts. t )ne way m check for the cn'uirs or to vt.w,.ran-.cation detail:, is to lonk at Your ucomtt stateuients or tine. if c ou are not enrotled in Online Banking, it i? eftSy to enroll u, u - ? the web aAdress on the front of%Inur 9tatenietit or give u' a call. Please remember: Once you receive your statementwith a transar:tion tnu wish to dispute,•you onlyhat•e F0 days u, dispute the charge. GRACE PERIODIPAYING INTEREST "C{rae.e Pe riod° nueau, tile pc r iuct 4 ti rue durin g a. billing cycle Mac n yo c. will no c a.ucrue in(t-re t on certain Lean, uc11oia; or btal.cuces. There is au Gnue Period for Balance TrausfersorCashAdvances; %,,I>Pginchargingiosere,ton Bakioce Transfers and Ca sh Advances on the tniri?actiondat(-. WewillnotchargeirtetestonPurchases onthenext sratementifron pay the Kew BalanceTota,l in fill by the Payment DueDate,andpou ha,1 paid in fir I l by the p retrious Payment One I )a.re. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (,including new Ba,lancoTransfers and new Caib Advances); We calculate SeparatcBalanccsoubjeet to an Interest Tfatc: for Balance Transfers, Cash Adva ucc s, and for cash Pr, -utot.imtal Offer balance; consisting of Balance Trrn4c rs ofCaShAdvaocc. We do this b,::(1)calcolatint[a.dai.lybalaucefureachdayiOthi? st nentenf's billing cycle; (2j calculating a de, ?t• }),dance for each days prior to this S uemeirt's billutg cvele that had a °I're-Cycle halactce" -a Pre- vcle. balance is a Balance Transfer or a Cash Advance with atrarsactioit elate prior to this sL<atetoent's billing cycle but. with a postin;; date w ithin thi, et .itment'.s hilli,ng cac le; (3) mIdirig call the daily be, In noes together; and •.A, dividing the sum of the r13ay ha Inures by the number of days in this statement's billing ryde.. To calculate, the daily balance for cac:h day in this statement's billing cycle,we tyke tht bcginni,tg balance, add an acount c qual to the applicable Daily Periodic Irate multiplied tkV the prOwiuus day's daily balance, said new Bulancu Triutsfurs, new Caih Advaticcs and TramsactiOn Fees, and subtraot:VAGabiv payments and uredits. if any daily balance it less than zero we. LIeat it as zero. To calculate a daily bidaince tor each clay prior to this st atement'S billing cycle that had a Pre-fNx6c halance., we take the beginning balance attributable solely to Pre-('yule halance (which will he :.e m on the transa crion date, of the first Pre-(y cle ba lane 1, add an amount equal to Theappiicable. Daily Periodic bate multiplied hr the pretious day-': daQVI-a.la.nre, and add only the applicable 1're-C yule balance_a, a.nd their related Transaet.ion Fees. We exclude from its calculation all transactions posted in previous billing eydos. a. (raga D ,,01y Balance Method - including new Purchases): We calculate separate Balances Subject to an lnwre;t Hate for Purchases and frn' (.?L ft Promotional Offcr balance consi=sting of Purchases. We do this by: (1) calculating a daikt• balance fur each day in the billing cycle; (21 adding a.ll the daily balances together; and iJ1 dividing tltc sum of Ube dully baktnc es Vy tl?c ouuibur of days in tht: billing cycle. To c luidate the daily balance for each day in this statement's billing cycle, we lake the beginning balance, add azt amount equal to the applicd)le Daily Periodic Rate multiplied by the pretrious day's daily balance, add new Purchases. newAccoimt-Pees, and new I ranstactiort Nees, and smhtractspplicahle pay nw is and credits. Ifany daih balance is PAYMENTS We, credit ma fled paymtents a s of the date received, ifthe payment is: (1 j received by a -pm. local time ar the address shown on the remittance slip on the front ofyonrmonthly sLaternent; (2) paid with a check drawn in U.S, dollars on a. U .S. financial itLStitatiou or a L.S. dollar money order; and (J) sent in the return envelope with only the remittance poriiunufyoursG•tteirteu[ruxuttapanyiu.git. Payment:receive,lbyutail:after5prin.lucal tittle at the remittance add runs can any day including the Payment- Due Date, but that otherwise muct the ta?xove equircnients. will be credited as oftho next day. Payments made unli.ne car by phone wall be credited as ofthe date of receipt if made: by 5 p.m. C'cntr:al time. Credit for a.nyotherpaytnent; may be delayed up tofive days. Nn payment shall npera ,e w an arcord a nd, and sfartion without the prior written approval of one of our :senior Officers. We process most. payme it checks electrorucaliy by usingthe inlorntation found on your check. Each check aethomes us u) create a one-time electronic funds transfer (or process It. M a clieck or pa_rcr draft), Funds may be withdrawn from y'OIn d a:Orttt US SOOD ae the same day we recuce: your payment.. Checks cue not returned to you. For tnore information carto stop the dcvttnttic fund, transfcro, causal the numhcrlistcd on the front. If you have au lhor•ize..l us to p ayyour credit card hill automatic), Ily from your wirings or cheeking?arcount with u,,ynu can stopt.he payment on .any atuountyon think i, wrong. TostopPayrent, your tettermnstreachus:atleastthreehusiueasdaysbefore the automatic payment is -chodoled to occur. USE611 Rev. 08/10 Onlinc Banking tlinui?awailablc..+r4luursrdiy lr, awcckand .fluty, con to Lieu the mostaY.u,t,t,trnr ire n ? your arcotu;t. PHONE 1-13 i.2t36.0212 For prompt semi .e: plea,e have the merchant reference namher(5) available for the charge(?} in questian. MAIL Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19550.5026 R'hen writing, phase include Your Name, Account Number, the rcferoncc uurnbcr of t.hc disputed ita:m and spcatic. d(tatis rcgaraling your dispute, includingdate:s off ont;wr,- •tth the r9urchantand the merchant's realhrnae in each hn?fance. Plv.se include n.11 ;;wpport.i,t docmnentation,inclndingsale.sant!credit +-oucherR,(ont Wt.;Illd posta.g'e returnreceipts 2s proof Of tam return,. less than zero we treat it as zero. 'rt'e Include the fees for credit Lard delft ea. juc ,Fi"uuu orct edit insurance purchased lftroughusfit calculatintgthebeginning balauceFirthe of (lie billing cycle after the billing cycle in which , uch fees are billed. TOTAL INTEREST CHARGE COMPUTATION I ntcrest Charges accrue and are eompmntded on >a draily hasis. To determine the inte.restCha geswemuItiplyev..hBalanceSubjecttoimerestHatebyit applicableI)oily Periodic Hate and that resu It by the nu m ber of daps in r.het billing r rule. To determine, the to-,.a I lntemEt Charge for the billing cycler we add the Periodic katrt Interest Charges tugcther. A Daily Pcriod,e Rate is calculated by dividing ate Annual Perc entagu Ratc byJ63. HOW WE ALLOCATE YOUR PAYMENTS If your account has Ixdances with different A PRA, i, e will allocate the amount of your payment equal to the ToW Riinirnum Payment Due to' he lowest APR balances first (?ouladingtransacl.irnsmadeciftrrthisstatement). Pa3meOtamountsinexcessutynur I'ot tl Mmimntn Payment Doe will Iv applied to halo aces with higher APHs before halances with lower A PH,- IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE ,['hen using the optional Pay by Phone servirc, y m authorize us to initiate an electronic payvtent fromyour account at the fir-ancial institutionyou designate. lou must authorize the tame cant and timing u£ utwh lxaymcnt. For your drutection, we will ask for scvurity iu(Ormatiun. A fee way apply for expedited sveyice. To caaci:4 call us be fore tare Sc_hedadedpaytneutdale. Same daypaymerdscaa,nutheeditcdurcarrcelecl. MISCELLANEOUS For the comp lets terms and enn d iti own of your account, ennsn It your Credit Card Agreement. FIAC'ardServiresisatradenameofNlAC:nrri>enicrs,?-A.l'hisarconntis issued and administered by NIA Card Services, N.A. Ify our billing address or contact information has changed, or if your address is incorrect al,; it appears on this bill, pleaseprmdde all corrections here. Address I Address 2 City Stalk 7,ip Area. Code S flume Phone Area Code $ Work Phone ........... Bankof America. 5329 0571 4228 9332 May 26 - June 24, 2011 Page 3 of 4 Tranaacbm PbatirUF Reference Account Date Date Desajot- Number Number Amount Totel Interest Charged 06/24 06/24 Interest Charged on Purchases 162.82 TOTAL INTEREST FOR THIS PERIOD $162.82 Si s 10 Total fees charged in 2011 $210.00 Total interest charged in 2011 $922.52 Your balance exceed a the credit limit, Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subod to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 25.24$V $ 0.00 $ 0.00 Cash Advances 25.24%V $ 0.00 $ 0.00 Purchases 25.248V $7,848.69 $162.82 APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A., CIVIL DIVISION Plaintiff VS. LAURA C HOOVER, Defendant NO: 12-1816 I? APR -S FBI I: : 2 e.',JM aERLAND COUN iT"'° P'ENNSYLVANIA CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that I caused a true and correct copy of Plaintiffs Complaint was served via first class United States Mail, postage prepaid on the date set forth below upon the following: JOE MURPHY, ESQUIRE 310 GRANT STREET, STE. 3309 PITTSBURGH, PA 15219 Edwin A._ Abrahamsen & Associates, P.C. Date: April 2, 2012 Michael F. Ratchford, Esqui Kevin J. Cummings, Esqui Attorney I.D. Nos.: 86285/ 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) V. LAURA HOOVER, Defendant(s) C') r, rn r r*Y - ?- " r N L-j Docket No.: 2012-1816-Civil PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 ?161NA; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 2012-1816-Civil v. LAURA HOOVER, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. Res ctf Ily, /`JJ seph ,,,. Murphy 83120/',(- The J. /1 rphy Firm The Gr nt Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 C-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ?C rv c_ -? PENNSYLVANIA r*t n' ;Tx? , CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 2012-1816-Civil N ' V. LAURA HOOVER, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 isix IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 2012-1816-Civil v. LAURA HOOVER, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the .faregeirrg" ..?C_I APPEARANCE -CI PRELIMINARY OBJECTIONS TO COMPLAINT BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Michael Ratchford, Esq. Edwin A. Abrahamsen & Associates 120 North Keyser Ave Scranton, PA. 18504 specod1lV SyWitted, Jose,r,April . Murphy Fr' 20, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 2012-1816-Civil v. LAURA HOOVER, 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. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 3. The foregoing amounts to a violation of PA. R.C.P. §1019(i). 4. 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 DIRECTED TOWARD LACK OF SPECIFICITY S. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 6. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 7. 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. 8. As set forth in the attached brief, the complaint in this case is not so sufficiently specific. 9. Pa. R.C.P. 1019 requires, inter alia, that facts be pled and that items of special damage be pled with specificity. 10. 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. 11. 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. 12. 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. 13. 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 14. The Complaint is verified by counsel. 15. A verification by counsel can be appropriate only if same complies with Pa. R.C.P. 1024(c). 16. Said verification does not comply with Pa. R.C.P. §1024(c). 17. 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 with the Rules of Court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 2012-1816-Civil v. LAURA HOOVER, 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. CAI/lL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ;?--?? ? ? 'r'te' ?C, r,??C.? S ?. vs. rn of z 2 r '?.: No. Terw<? tv C _ 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendan t's demurrer to 3 -I compl t, a 2. Identify all counsel who will argue cases: -a C:rf rcl (a) for plaintiffs: IM,C1A.st 20 1?p 1"- & SC (Name and Address) (b) for defendants 4 (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: Date: W Z3 1 Z Print your name D'S I , Attorney for 41q15 Pp ATT`/ CIO 885 P-0a74158 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. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. 61 #19. FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LAURA C. HOOVER, NO. 2012 - 1816 CIVIL TERM Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, EBERT, JJ. ORDER OF COURT AND NOW, this 6TH day of JUNE, 2012, Defendant's preliminary objections are SUSTAINED in part. The preliminary objections relating to failure to comply with Pa. R.C.P. § 1019 (i) (in that a copy of the cardholder agreement was not attached) and failure to comply with Pa. R.C.P. 1024 (c) are SUSTAINED. The preliminary objections relating to insufficient specificity are OVERRULED. Plaintiff is granted leave to file an amended complaint within twenty (20) days. Michael Ratchford, Esquire 120 North Keyser Ave. Scranton, Pa. 18504 Joseph P. Murphy, Esquire The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, Pa. 15219 :/ Court Administrator Cope e s . lrd 611(d1ia B e Court, Edward E. Guido, J. c; :r_. r_ C ACG