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Home My WebLink About12-29802114154 , THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FRE:DERIC I. WEI:NBERG, ESQUIRE -- Identification No.: 41360 rqw a , JOEL M. FLINK, ESQUIRE zm == z,. -< -i)r- Identification No.: 41200 1001 E. :Hector Street, Ste 220 Conshohocken, PA 19428 >C -: 484/351-0500 FIA Card Services, N.A. COURT OF COMMON PLEAS 655 Paper Mill Road CUMBERLAND COUNTY Newark, DE 19711 vs. DOCKET NO. : k2 . 08980 04-vi ( (&x MICHAEL A KULIKOSKY 229 Graham St Carlisle PA 17013-3718 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS 70 THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO '-'HE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO E71-ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OS 4103.75 PA perry C lloS7S",? ?' a75-l q FIA Card Services, N.A., Plaintiff, V. MICHAEL A KULIKOSKY., Defendant, COMPLAINT IN A CIVIL ACTION 1. At all times relevant hereto, the Defendant(s) was the holder of a credit card or other consumer finance account (hereinafter "the account"), which at the request of the Defendant(s) was issued to the Defendant(s) by the Plaintiff or a predecessor in interest of the Plaintiff, under the terms of which the Plaintiff or its predecessor agreed to extend to Defendant(s) the use of its credit facilities. 2. Defendant(s) accepted and used the account so issued and by so doing agreed to perform the terms and conditions prescribed by the Plaintiff for the use of the account. 3. The Defendant(s) received and accepted goods and merchandise and/or accepted services or cash advances through the use of the account issued by the Plaintiff. A true and correct copy of the Charge-Off Statement is attached hereto as Exhibit "A". 4. All the credits to which the Defendant(s) is entitled have been applied and there remains a balance due in the amount of $28,963.50. 5. Plaintiff has made demand upon the Defendant(s), who is in default, for payment of the balance due but the Defendant(s) has failed and refused, and still refuses, to pay the same or any part thereof. 6. Defendant's last payment on account was made on March 15, 2011. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $28,963.50 plus applicable court costs. GORDON & WEINBERG, P.C. BY: FREDERI I. WEINBERG, ESQUIRE JOEL M. -FJZNK, ESQUIRE Attorney for Plaintiff PBOA.1 EXHIBIT "A" FIA Card Services, N.A., Plaintiff, V. MICHAEL A KULIKOSKY, Defendant, VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he is an authorized agent of FIA Card Services, N.A., the Plaintiff herein, and that he is duly authorized to make this Verification, and that the facts set forth in the Complaint in this civil action are true and correct to the best of his knowledge, information and belief. Dated: FEB 0 1 2012 Affiant Name (Printed): _Linda Ho gin Affiant Name (Signature): File No.: 2114154 Reference No.: World 3\MW/, Points V ISAJ IG NATU RE Account Information: ww%v.hankofamerica com Mail billing Inquiries to: Bank of America P.O. Box 15026 Wilmington, DE 19800-50,?6 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19886.5019 Customer Service: 1500A972326 (1..800:346317.5 TTY } MICHAEL A KULIKOSKY Account Number: 43,13 0720 8854 4427 February 22 - March 23, 2011 New Balance Total .................................................................$28.963.50 Current Payment Due ....................................................................$605.00 Past Due Amount ..................................................................... $3,716.00 Total Minimum Payment Due ............ ..... _................................. $4,321.00 Payment Due Date ..................................................................4/19/11 Late Payment Warning: It we de not receive your Total Minimum Payment by the date listed above, you may have to pay a late tee of up to $35.00. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Previous Balance ................ ......$28,744.05 Payments and Other Credits .. ... ......... -100.00 Purchases and Adjustments . ...............0.00 Fees Charged ............................ ......... _.......... 35.00 Interest Charged ........................ ..................284.45 New Balance Total ................$28,963.50 Credit Line._ ...... ...................$29,300.00 Statement Closing Date ..............3/23/11 Days in Billing Cycle ..............................30 rrengaction Posting Reference Account Ogre Owe Descrfption Numbar Number Amount rotal Payments and Other Credits 03/15 PAYMENT - THANK YOU -100.00 -$100.00 Fees 03/19 03/19 LATE FEE FOR PAYMENT DUE 03/19 TOTAL FEES FOR THIS PERIOD 8644 35.00 535.00 Interest Charged 03/23 03/23 Interest Charged on Balance Transfers 03/23 03/23 Interest Charged on Cash Advances continued on next page... 19 0289635000432100000100000004313072088544427 0.00 42.93 BANK OF AMERICA Account Number: 4313 0720 8854 4427 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total .................................................$28,963.50 Total Minimum Payment Due.. .. .. .. .. .. .. .. .. .. .. ..... .. ..... 4,321.DO Payment Due Date ..........................................04/19/11 MICHAEL A KULIKOSKY Enter payment amount 229 GRAHAM ST CARLISLE PA 17013-3718 Check here fora change ofmaiiingaddress orphone numbers. Please pmkde all corrections on the reverse side. Mall this coupon along with your check payable to: Benk ar Amu rice 1:5240 2 2 2501: 0940 20138 5444 2?v If you would like information abaut credit counseling services, call 1-866-300-5238. iMPOR7ANT INFORMATION ABOUT THIS ACCOUNT USE611 Rev. 68110 CUSTOMER TIPS FOR DISPUTED tTEMS Ninny times disputnd chnrges arc legitimate cha rgrs that rustnmers may on' ;,,n i7e or ii-member. Before disputing a charge, ur. recommend. thatyou verify a few lhings and make. evervotYatto resolve the disputewith the,merebant.Often the merchant can a nswur your quostions and mtsily reEolvo your dispute. The merchant's phone number may be aif'aloL un your receipt ur billi ng s LutumeiiL • Ifaasacredit posted toyour account? Pluase allow up to 30 days from the date an your credit voucher or acknuwledgemeiL letter for the nierchari t credit to pest.. 19 the charge or amount unfamiliar? ONi R1L Online Ranking is ztnti)tible 24 roars a d ry, 7 days a arek and alloys you to aiewthe most recent.,3ctivity nn your account. I PHONE i 1AGM266.0212 For prompt service, please have the merchant reference nu mbor(s) available for the charge(s) in question. i Chuck wide utherperscns authorized to use the account: to make sure they did runt make the charge:. IL is possible that the merchants' billingnamcF and stye n»mrs are different nr amounts can easily he confused with shnflar rharm•.s Or inc to de lips. One way La check for the credits or to view ti nsacti(in details is to look at your recount suderneats online. Ifyou tyre not enrolled in O aline Banking, it is enayto enroll using the web address on the front of your statement or give us a call. Please remember: Once you receiveyour statementwith a transaction you wish to di spate, you only have 60 days to disputo the charge. GRACE PERIODIPAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not u:crneinterestoncetaintransa t onaorhnlances. There is no Grace Period for Balance Transfers or Crib Advance`; we begin rharginginwrest on B.danec Tmnsfe.rs and Cash Advances on the transaction date. Wo will not chatrgo interest an Purcha,?as on the nest Statement ifyou pay the New Balance Total in full by the Payment ]fie Date, and you had paid in full by the previous PavmentDue Daie. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Avvmg . Ratane.e. Method (inrluding new Balance Transfers and newt Cash Advances): W•c c:leulate : cparats Badancns Subject to an Interest Rah: for Balance Transfers, t vhAdvacur;,anrlfor nachPrnrnntionalOffer balance causrtingofBnlatnceTransfers m Cash Advance.. We do this by: i 1) calculating a daily balance for each day in this statement's billing cycle; i',) calculating a daily balance for each day prior to this statement's billing cycle that had a'Tre-Qvclc balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle hi n with aluasting date within this statement's billing cycle; (3) ndiling all the daily halanres tagrther; and (a) dividing the sum afthe dailyhnhinres by the number of flays in this statement's billing cycle. Tocalci Lake the daily balance for each day in this staferacieVs billing cycle, we take the begirmin balance, add anamouutequal to thoapplicableDaByPeriodicliatemultiplied by the previous (lays daily balance, add new Balance Transfers, new Ca'-Ii Advances and Transadion Fees, and . rub(Titi applicable payments and credits. if any dailyba lance is les; than zerowe treatit as zero. To valenlmrc a daily balance for cash day prior to this statement's hillingerelethat had it Pre-Cycle balance, we take the beginning balance attributable snlehrto Pre-C,yele balance (wh iCh will I* zero on. the LranB,•ctien date of the first Pre-Cycle balance), add an amount equal to the ap plicable Daily Periodic Rate multiplied by the previous day's daily lua4rice, and adfl only the applicable Prr-QNcle balances, and theirrelatexi Transact.inu Fees. We e Kelude. frnm this ra lculation all ina;nssctions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balanne consisting of Purchases.lVe do this by: (U calculating n rally halanrc far each day in the hitting eye le; (2) addin- all the dallybalanees together; and 1:0 dividing the sum of the daily balances by the number of days inthe billing cycle. to caalculaae the daily lxaa nce for each (lay in tbis statement's billing cycle, we take the beginning balance., add an amount equal to the applicable Daily Periodic hate multiplied by the prcviouE day's daily balnme, add nevePnrchases, new Account Fees, and now Transac ion Fees, and smlmactapplieable patimienls and credits. ]f arty daily balanceis PAYMENTS We rre(lit mailed peporents as n( the date received, if the palmreat. is: (t) rw.eivel by o p.m.. locnJ tints at the address shown an the remittance slip on the front ofyour moodily sratrmenL; f 21 paid with a check drawn in U.S. dollars on a U.S. finantdal institution or a'.,' dollar money order; and M sent in the return envelope with only the remittance portion of your s[ntemen k accnnrpartying it. Payments received by mail after 5 p.m. Inez] time at the remiilance address an any daft' including the Payment DueDate, but than nlhrtTieem.rettheabevP.lY,glliMmfmt9-w711}ac CPedlled.49OftheReytday. Payments; made online or by phone will be credited ats of the date of receipt if made by 5 p.m. Central Hine. Credit for any other paymentsmay he rlelayerlup to five days. No pr,ymen t shall operate as an accord and saatisfiarliou wilhout the prior written a ppoval of one. of cu r Sen for Officere. W-e process mo est. payinent clucks olectrordcalb by osingthe information found on yourcheck. Each checkauthorizesirsto createaone-time electronic hinds transfer (or processitasacheckorpaperdr.tft). Funds maybe Nvithdrawm from your account as soon 2 the same day we receive your payment. Checks a renotreturnedtoyou. Tormorr. I nformation m• rn stnp the. rlecxronir. funds tran;ifrrs, call us at the manlier listed on the fmnL 1 f you heave aathori,ed us to pay your cred it card hill automatically form your savings or checking account with ns, ymu ran stop the pnymett nn anya m. oamtynu think is wrong, 'ro slop paymont,yourleiter must reitch us atleast three businees days before the auwinalic payrnein is scheduled to occur, MAIL I1 Attn: BillingInquiriesPOBox15026,Wilmington,DE19850.5026 When writing, tilwase include Your Name, Account Number, the ® reference number ofthedisputecl_itrmand.spaciticdetails regarding your dispute, including dates of contact with. the merchant and the merchant's response in each instance. Please include all supporting dortmaentaation, including sales and credit vouchers, contract and postage return receipts a6 proof of any returns. less tban zaro we treat it as zero. lire include the fees for credit card debt cancellation or credit insurance: purchased through us hi calculathtgthe beginning balance for the first day of the billing cycle after the billing cycle in which such fees a re billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a dnDybasis. Ta determine the interest Charges we multiply each Balance Subject to Interest Rate by its applicableDaily Periodic Rate and than result by the number of days in the billing cycle. TO determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charles together. A"DaalyPmrindir.Ham. sr,•a;c:uhf,tedbydividinganArninalPereenvtge..Rate. by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, wewill allot atc the amount Of your paivment equal to the Total I-Enimum Payment Due to the lowest APR laataancos first (indurlingtransactions made after this statement). Payment amounts in P_Tcess ofysiur Total Mini prim Payment Dtie will he applied to balances with higher APRs before balare". withlower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE Wheausing the optional Pay-byPhcme service,you authorf2a its to initiate an electronic payment from your account at the financial instilaniun you designate, You must authorlm the amount and timing of each parvment. Fhrynui'protection, we willaelt far security information. A fee may apply for expedited service To cancel, cll us before the scheduled paymentclate. Same-day payments csmnot be edited or canceled. MISCELLANEOUS For the complete terms and traditions ofy'nnr account, wrisuityonr Credit Card Agreement. FIA Card Services is a tradename of FJA Carl Services, N.A. This necymnl is issued and administered by FIA Cant Services, N .A. If your bi]lingaddress or contact information has changed, or if your address is incorrect as it appears on this bill,please provide all corrections here. Address 1 Address 2 ._._...._........... ...... . Cdty state Area Code & Home Phone Area fkide & Work Phone World \W/, PointsM VISA? GNATURE 4313 0720 8854 442 7 February 22 - March 23, 2011 Page 3of4 Transaction Pasting Dote Dote Description Reference Account Number Number Amount 7-ota! Interest Charged 03/23 03/23 Interest Charged on Purchases 241.52 TOTAL INTEREST FOR THIS PERIOD $284.45 21011 Tatals,Year-tc-Date Total fees charged in 2011 $105.00 Total interest charged in 2011 $860.23 Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 11.24WV $ 0.00 $ 0.00 Cash Advances 19.24BV $ 2,714.52 $ 42.93 Purchases 11.24$V $26,142.67 $241.52 APR Type Deflnfttcns: Miry Interest Rate Type: V= Vanable Rate (rate may vary) World 3W? 0 REGULAR POINTS THIS MONTE 0 CATALOG/ONLINE BONUS POINTS Points /M\• 0 TOTAL NEW POINTS THIS MONTE 4,086 YOUR TOTAL AVAILABLE POINTS VISA fl GNATURE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4Tt y? E U i 1F.ii4O .; A 2012 MAY 24 AM B: 16 CUMBERLAND GOUN'1* ? PENNSYLVANIA FIA Card Services, N.A. f/k/a Bank of America I vs. Michael A. Kulikosky Case Number 2012-2980 SHERIFF'S RETURN OF SERVICE 05/17/2012 08:46 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 17, 2012 at 2046 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael A. Kulikosky, by making known unto Rachel Rhine, Wife of Defendant at 229 Graham Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 May 18, 2012 DENNI FRY, DEP SO ANSWERS, Ur RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. FIA CARD SERVICES, N.A. : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Civil Action - Law Defendant : NOTICE TO PLEAD To: FIA Card Services, N.A. c/o Frederick I. Weinberg, Esquire Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 You are hereby notified to plead to the enclosed r..a cur) , -Y Preliminary Objections WithUT twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: "u.5 ?01Z Respectful Submitted, f 7P Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh(&-dPllglaw.com Attorney for Defendant FIA CARD SERVICES, N.A. : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Michael A. Kulikauskas, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by a Predecessor in interest. Comp. 11. 2. The Complaint was filed on May 14, 2012. First Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)-Failure to conform to rule of court (failure to attach written assignments of debt) 3. The Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. 11. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 4. By failing to attach a copy of the assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. 5. "Exhibit "B", which purports to be Bills of Sale, fails to identify Defendant's account. See Arrow Financial Services LLC v. Witmer No. 59 Cumb. L.J. 154 (Pa. Com. PI. Cumb. Cnty 2010). Second Preliminary Objection- Pa. R.C.P. 1028(a)(5) Plaintiff is stranger to Defendant 6. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 7. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 8. Plaintiff has not shown standing or capacity to sue Defendant. 9. Since this matter was not brought by the real party in interest it must be dismissed. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 10. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract and Account Stated. Fourth Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 11. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 12. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 13. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. 14. By not including the requisite detail of the account, the Plaintiff has insufficiently pled its accounted stated cause of action. See Arrow Financial Services LLC v. Witmer No. 59 Cumb. L.J. 154 (Pa. Com. PI. Cumb. Cnty 2010). Fifth Preliminary objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 15. The Complaint avers the existence of some type of contract pertaining to a credit card between the parties. 16. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 17. The Complaint does not indicate whether the agreement is oral or written. 18. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 19. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Respectfoly Submitted, Date: 4 (l Z Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant FIA CARD SERVICES, N.A. : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to plaintiff's Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: FIA Card Services, N.A. c/o Frederick I. Weinberg, Esquire Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Respectfully Submitted, Dater-//Z_ Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant CA A PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) C- TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fo neLb Argument Court.) rn z;;o M -0 ---------------------------------------------------------------------------------- -----------------------------------)r- f CAPTION OF CASE -<> C ' (entire caption must be stated in full) CCU ?, Dn FIA CARD SERVICES, N.A. C:) co .? c> vs. w MICHAEL A. KULIKOSKY No. 2980 2012 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S PRELIMINARY OBJECTIONS 2. Identify all counsel who will argue cases: (a) for plaintiffs: JOEL M. FLINK, ESQUIRE (Name and Address) 1001 E. HECTOR ST., STE. 220, CONSHOHOCKEN, PA 19428 (b) for defendants: MICHAEL J. PYKOSH, ESQUIRE (Name and Address) 2132 MARKET STREET, CAMP HILL, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: F-.30 - /L Print your name JOEL M. FLINK, Attorney for -1 a C-7 C) . "'-qCn 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. i ; n GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FUNK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA Card Services, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO.: 12-2980 CIVIL TERM MICHAEL A KULIKOSKY CERTIFICATE OF SERVICE Pursuant to penalties of 18 Pa. C.S.A. Section 4904, the undersigned verifies that the Praecipe for Argument was served upon the below designated, this date, in the manner noted: Michael J. Pykosh, Esquire DETHLERS-PYKOSH LAW GROUP, LLC 2132 Market St. Camp Hill, PA 17011 by first class mail. By: JO FLINK, ESQUIRE F ERIC I. WEINBERG, ESQUIRE Attorneys for Plaintiff Date: ? -Lo ? ? L FIA CARD SERVICES, N.A. Plaintiff V. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 12-2980 Civil Term Civil Action - Law ORDER AND NOW, this I )Q day of ??- 2012, upon consideration of the Preliminary Objections filed by the Defendant, Michael A. Kulikauskas, and execution of the stipulation of counsel, the Defendant's Preliminary Objections are SUSTAINED. Plaintiff's Complaint is hereby DISMISSED without prejudice with the Plaintiff having its rights to file an Amended Complaint within twenty (20) days of the entry of this Oder. BY THE COU Tnomas A. Macey i. Common Pleas Judge 7 '' V r ? •`...., ZZ: e ?...... M 'Z, ?x 7 Distribution Legend: Joel M. Flink, Esquire ve"Michael J. Pykosh, Esquire 1001 E. Hector Street, Ste 200 2132 Market Street Conshohocken, PA 19482 Camp Hill, PA 17011 (484) 351-0500 (717) 975-9446 4P'es wi 4 ./-e d io1i4,//.:z Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPvkosh(a'7dolglaw.com Attorney for Defendant FIA CARD SERVICES, N.A. :COURT OF COMMON PLEAS ~ ~ ~~ r Plaintiff :CUMBERLAND COUNTY, PENNS d1~Vtll ~ _, ~ o r~-, _.. v• No: 12-2980 Civil Term '~- ' cn ~ ~`r ~. ~ ~~ ~ : ~ MICHAEL A. KULIKAUSKAS f/k/a ~~~ "~ `-- ~ ~ n , MICHAEL A. KULIKOSKY, %ti f'°c Civil Action -Law~--~=-y ~ ~=~~ Defendant ,~ ~ : .~= ca _.~. MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P. 1037(c) AND NOW, comes the Defendant, Michael A. Kulikauskas, f/k/a Michael A. Kulikosky, by and through his counsel the Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who avers the following in support of for Judgment pursuant to Pa. R.C.P. 1037(c): 1. On May 14, 2012, Plaintiff filed a Complaint at Docket Number 12-2980 alleging that Defendant owed Plaintiff twenty-eight thousand nine hundred sixty-three and 50/100 ($28,963.50) dollars plus applicable court costs. 2. On June 6, 2012, Defendant filed Preliminary Objections to Plaintiff's Complaint. Plaintiff, in response thereto. 3. On October 9, 2012, a Joint Stipulation was filed (attached hereto as "Exhibit "A" and made apart hereof). Plaintiff was ordered to file an Amended Complaint within twenty (20) days (see Order of Court dated October 16, 2012, attached as "Exhibit "B" and made apart hereof). 4. More than twenty (20) days from said Order of Court have lapsed and Plaintiff has failed to file the Amended Complaint. WHEREFORE, Defendant, Michael A. Kulikauskas, f/k/a Michael A. Kulikosky, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with Prejudice. Respectfully Submitted, Date: ~~,~~r ~ o~ \Z Michael J. P~lkosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant L~ ~~ it: Michael J Pykosh, Esquire ID # 58851 De#hlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hili, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh(a7dplglaw com Attorney for Defendant FIA CARD SERVICES, N.A. :COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY„ Civil Action -Law Defendant JOINT STIPULATION AND NOW, comes the Defendant, Michael A. Kulikauskas, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who fifes this Joint Stipulation entered into by both parties to resolve the Defendant's Preliminary Objections, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by a Predecessor in interest. Comp. ~ 1. 2 The Complaint was filed on May 14, 2012. 3 Defendal~t filed Pretiminary Objections on Jvrte 6, 2012. - - 4 The Parties agree to the disposition of the Preliminary Objections in this matter in accordance with the proposed Order, attached hereto. Respectfu y Submitted, ~~ Date: L'am`-? ~-~ ~ Z- v Michael J. Pykosh, Esquire I . D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Nill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Respectfully Suby~}itted, Date:. ~_~~___ JoeIM. Ffink, Esquire l : D~# 41200 Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 (484) 351-0500 Attorney for Plaintiff FIA CARD SERVICES, N.A. ; COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, : No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KUl_{KOSKY, Civil Action -Law Defendant ORDER `~~, AND NOW, this day of ~~~`"~--, 2012, upon consideration of the Preliminary Objections filed by the Defendant, Michael A. Kulikauskas, and execution of the stipulation of counsei, the Defendant's Preliminary Objections are SUSTAINED. Plaintiff's Complaint is hereby DISMISSED without prejudice with the Plaintiff having its rights to file an Amended Complaint within twenty (20) days of the entry of this Oder. l~ ~ ~ ~-~ BY THE COU{tT Thomas H. NldCey J. gammon Pleas Judge Distribution Legend:. ___ _ _ _ Joe4 M. Flink, Esquire 1001 E. Hector Street, Ste 200 Conshohocken, PA 19482 (484) 351-0500 __ Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 \'\ ~.. Michael J. Pykosh, Esquire I D # 58851 2132 Market Street Camp Hilt, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPykoshCc~dolgiaw.com Attorney for Defendant FIA CARD SERVICES, N.A. :COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Civil Action -Law Defendant CERTIFICATE OF SERVICE i hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: FIA Card Services, N.A. c/o Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Date: V (p ~ 1 ?/ Res ectfull Sub ted, Michael J. ykos squire I . D. # 588 1 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant FIA CARD SERVICES, N.A., Plaintiff v. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Defendant 2012-02980 CIVIL TERM IN RE: MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P. 1037(c) ORDER OF COURT AND NOW, this 20th day of November 2012, upon consideration of the Motion for Judgment Pursuant to Pa. R.C.P. 1037(c), a RULE is issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of service by DEFENDANT. T Fi~E-£$tif~T;--- -- Thomas A. Placey C.P.J. Distribution List: Joel M. Flink, Esq. c~ ,~,, 1001 E. Hector Street, Ste 200 ~ ~--~ Conshohocken, PA 19482 ~~ ~ =~ r/ Michael J. Pykosh, Esq. x~ Wiz' o ~n~ 2132 Market Street .rte ~-` `~ ~ =..~ -~ T' ~ Camp Hill, PA 17011 ~ ~' ~ f~' ~y.~ ~ W eta f"f', Copes l~a~ lid /1~~~ a ~~ v' ~~ ,er~G ~~[, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT Michael I Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPvkosh(a)di)lolaw.com Attorney for Defendant FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Civil Action - Law . Defendant ?'- MOTION TO MAKE RULE ABSOLUTE' L.J AND NOW, comes the Defendant, Michael A. Kulikauskas, f/k/a Michael A. Kulikosky, by and through his counsel the Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who avers the following in support of for Judgment pursuant to Pa. R.C.P. 1037(c): 1. On May 14, 2012, Plaintiff filed a Complaint at Docket Number 12-2980 alleging that Defendant owed Plaintiff twenty-eight thousand nine hundred sixty-three and 50/100 ($28,963.50) dollars plus applicable court costs. 2. On June 6, 2012, Defendant filed Preliminary Objections to Plaintiff's Complaint. Plaintiff, in response thereto. 3. On October 9, 2012, a Joint Stipulation was filed (attached hereto as "Exhibit "A" and made apart hereof). Plaintiff was ordered to file an Amended Complaint within twenty (20) days (see Order of Court dated October 16, 2012, attached as "Exhibit "B" and made apart hereof). 4. On November 6, 2012, Defendant filed a Motion for Judgment (attached hereto as "Exhibit C" and made apart hereof). A Rule to show cause was issued by the y " t t? r t J 1' f ?• / V isT _ f -N . Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh(a)dplglaw com Attorney for Defendant FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY„ Civil Action - Law Defendant JOINT STIPULATION AND NOW, comes the Defendant, Michael A. Kulikauskas, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files this Joint Stipulation entered into by both parties to resolve the Defendant's Preliminary Objections, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by a Predecessor in interest. Comp. ¶ 1. 2. The Complaint was filed on May 14, 2012. 3. Defendant filed Preliminary Objections on June 6, 2012. 4. The Parties agree to the disposition of the Preliminary Objections in this matter in accordance with the proposed Order, attached hereto. ZA D Respectfu y Submitted, Mi hael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Respectfully Subp,itted, Date: /0 -,2 -,/)- Joe Fink, Esquire I. D: # 41200 Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 (484) 351-0500 Attorney for Plaintiff t FIA CARD SERVICES, N.A. Plaintiff V. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 12-2980 Civil Term Civil Action - Law ORDER A V AND NOW, this day of ???- - 2012, upon consideration of the Preliminary Objections filed by the Defendant, Michael A. Kulikauskas, and execution of the stipulation of counsel, the Defendant's Preliminary Objections are SUSTAINED. Plaintiff's Complaint is hereby DISMISSED without prejudice with the Plaintiff having its rights to file an Amended Complaint within twenty (20) days of the entry of this Oder. BY THE COU Tnomas A. Macey i. Common Pleas Judge Distribution Legend: ovei ivi. rnnK, tsquire 1001 E. Hector Street, Ste 200 Conshohocken, PA 19482 (484) 351-0500 Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 13 Michael J Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPykoshAdplglaw com FIA C Attorney for Defendant ARD SERVICES, N.Q. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term w MICHAEL A. KULIKAUSKAS, f/k/a : =c MICHAEL A. KULIKOSKY, Civil Action - Law < T Defendant ^t c, MOTION FOR JUDGMENT :mac, PURSUANT TO Pa. R.C.P. 1037(c)` w :c> AND NOW, comes the Defendant, Michael A. Kulikauskas, f/k/a Michael A. Kulikosky, by and through his counsel the Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh , Esquire, who aver s the following in support of for Judgment pursuant to Pa. R.C.P. 1037(c): 1. On May 14, 2012, Plaintiff filed a Complaint at Docket Number 12-2980 alleging that Defendant owed Plaintiff twenty-eight thousand nine hundred sixty-three and 50/100 ($28,963.50) dollars plus applicable court costs. 2. On June 6, 2012, Defendant filed Preliminary Objections to Plaintiff's Complaint. Plaintiff, in response thereto. 3. On October 9, 2012, a Joint Stipulation was filed (attached hereto as "Exhibit "A" and made apart hereof). Plaintiff was ordered to file an Amended Complaint within twenty (20) (lays (see Order of Court dated October 16, 2012, attached as "Exhibit "B" and made apart hereof). 4. More than twenty (20) days from said Order of Court have lapsed and Plaintiff has failed to file the Amended Complaint. WHEREFORE, Defendant, Michael A. Kulikauskas, f/k/a Michael A. Kulikosky, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with Prejudice. Date:- Respectfully Sub fitted, Michael J. y<osh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant A) %4ich?lel j Pykosh, I.Squ " 11) It 588`i1 I)ethle(S-Pykosh Law croup, LI_C 71 32 Market Street Gimp Hill, Pennsylvania 1 ; 011 1 olephone - (717) 975 9.1-16 I ax - (717) 975-2309 IIPykosh c dpLq a ggjiI FIA CARD SERVICES, N.A Plaintiff V. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY„ Defendant Attorney for Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 12-2980 Civil Term Civil Action - Law JOINT STIPULATION AND NOW, comes the Defendant, Michael A. Kulikauskas, by and through his attorneys Dethlefs-Pykosh Law Group, 1_1_C, by Michael J. Pykosh, Esquire, who files this Joint Stipulation entered into by both parties to resolve the Defendant's Preliminary Objections, and avers as follows 1 Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by a Predecessor in interest. Comp. ?[ 1_ 2 The Complaint was filed on May 14, 2012 3_ Defendant filecl Preliminary Ohjections on June 6. 2012 4 he Parties agree to the disposition of the Preliminary Objections in this matter in accordance with the proposed Order, attached hereto EXHIBIT A RespectfU?Jy Submitted, ie, Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, L LC 2132 Market Street Camp Hill, Pennsylvania -11011 (71 7) 97 5-9446 Attorney for Defendant Respectfully Sub--I)itted Pate Joel; M. Fink, Esquire 1D/## 41200 Gordon & Weinberg, P.C. 1001 E. Hector Street, Sfe 220 Conshohocken, PA 19428 (484) 351-0500 Attorney for Plaintiff FIA CARD SERVICES, N.A. Plaintiff V. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Defendant AND NOW, this I 'O day of COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 12-2980 Civil Term Civil Action - Law ORDER '?' ?012, upon consideration of the Preliminary Objections filed by the Defendant, Michael A KuIll<ausl<aS, and execution of the stipulation of counsel, the Defendant's Preliminary Objections are SUSTAINE=D. Plaintiff's Complaint is hereby DISMISSED without prejudice with the Plainliff having its rights to file an Amended Complaint within Twenty (20) days of the entry of this Oder BY THE COU i nomaG A. Macey ,j. Common Pleas .Judge Distribution Lcgend Joel M Flink Esquire - Q1 [- I fi'clor ;trnef,fe 200 MichaelJ. Pykosh, Esquire C011,hohocken, PA 19482 2132 Market ('tw(, Camp Hill, ='A 17011 ( 71 7) 975-`,,l EXHIBIT a Michael J Pykosh, Esquire I D # 58851 2132 Market Street Camp Hill. Pennsylvania 17011 Telephone- (717) 975-9446 Fax - (717) 975-2309 MPy-kosh(nD.dplglaw. com Attorney for Defendant FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 12-2980 Civil Term MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: FIA Card Services, N.A. c/o Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Date A 4y' ( 4)t 7j Res ectfull Sub ted, Michael J. ykos squire I.D. # 588 1 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant FIA CARD SE=RVICES, N.A., Plaintiff V. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Defendant 2012-02980 CIVIL TERM IN RE: MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P. 1037(c) ORDER OF COURT AND NOW, this 20th day of November 2012, upon consideration of the Motion for Judgment Pursuant to Pa. R.C.P. 1037(c), a RULE is issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of service by DEFENDANT. Thomas A. Placey C.P.J. Distribution List' Joel M. Flink, Esq. 1001 E. Hector Street, Ste 200 Conshohocken, PA 19482 r , Michael J. Pykosh, Esq. 30 T1 2132 Market Street Z ? Camp Hill, PA 17011 N??` G W IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 0 Darrell C. Dethlefs* Michael J. Pykosh" Bryan W. Shook :Melanie L. Erb Heather N. Orisko Charles J. Hartwell Richard D. tlollingworth, Jr. INlatthew R. Seeley */.rrN„s"d P.t November 21, 2012 .Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 VIA CERTIFIED MAIL DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Of Counsel Camp Hill, PA 1701 1 John R. Logan** Phone: (717) 975-9446 Paul D. Daggs Doll Free: 800 ( ) 287- 1202 Legal Staff Fax: (717) 975-2309 Sherrv L. Deckman* I -mail: ddethlelsrrraol.com Crustal L. M<rhoncy Melissa C. Foreman .Jamie L. Sx%ope ** 7dnrfl/ed ro the A..] Bar RE: FIA Card Services, N.A. v Michael A. Kulikauskas, f/k/a Michael A. Kulikosky Cumberland County Docket No.: 12-2980 - Civil Term Dear Mr. Flink: Enclosed and served upon you, please find the Order of Court dated November 20, 2012, relative to the Motion for Judgment Pursuant to Pa. R.C.P. 1037(c). V r y Yo s, Mi hael , . P M.JP/clm Enclosures -LC rvuar Dusmess tenter F. Market Street. Ste. ?O1 'ork. PA 17401 A Debt Relief Agency 100 Lincoln Way I E "I'he Dethlefs-Pykosh Lmv Group. LLC- ' Yor, Frll Sen,ice Law Firm" U.S_ Postal Service CERTIFIED PJIAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided? For delivery information visit our website at www.usps.com ED L_ $ Lrl r-q Postage $ r-q Cl Certifled Fee O Retum Receipt Fee C3 (Endor'sement Required) C3 Restricted Delivery Fee 0 (Endorsement Required) Er Total Postage & Fees O $ M G'2.?5 ,K ¢ = Postmark ?,Na ?? Hete $11,111! t5> r5 111/26/2012 E3 senFIT-0 T lnlc O Street, 4pCNo.j or POEtoxNo. lOb) ? . 14e G { J [ 1 . :S 'e. ?O0 v ----------------------- ------------------------ City, State. ZIP+4 ---------- C onsl,oho c.k.e ? 19y ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 11 C2 I AL US E V1.445 1001- ` A. Signature X ? Agent 0 Addresses B. Received by (Printed Name) C. Date of Dp1ivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No ice Type 3. Serv P Certified Mail 0 Express mail 0 Registered IS Return Receipt for Merchandlse 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) p v-- 2. Article Number 7 010 3090 0000 1150 1527 (Tr&m* from nrvko hb4 PS Form 3811, February 2004 Domestic Return Receipt to2sss-o?.M.seo Michael I Pykosh, Esquire ID #58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPvkosh()dplglaw.com Attorney for Defendant FIA CARD SERVICES, N.A. : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL A. KULIKAUSKAS, f/k/a MICHAEL A. KULIKOSKY, Defendant No: 12-2980 Civil Term Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: FIA Card Services, N.A. c/o Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Respectfully Submitted, Date: l 2 -- « - ( Z is ael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant