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Home My WebLink About13-1774 Supreme Court of Pennsylvania 17rY. 31 0. Co,ur.>t�U Com ' � Pleas q-v i " For Use On iv><i;Coy ,r, S eel y County Docket No: `• The inforinatirut collected on this form is used solely for co. url a d ministration purposes. This farm does not supplement or r elAice Ilse f ilh1,q and service of pleadings or other papers as required by lm+ or rules of court. Commencement of Action: ❑ Complaint ❑ Writ of Summons ❑ Petition Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking 7 i � ad PI KN Defers 's Name: t hcck here ' yo ;t e a Self -Rep► pled ( ro Sc) Litigttn t- O r : Name of Plaintiff /Appellant'sAttorney: Are money damages requested.. Yes ❑ No Dollar Amount Requested: within arbit its (Check one) outside arbitration limits Is this a Class Action Suit? ❑ ,Yes No ii, Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your .'; PRIAMRYCASE. If you are making'more than one type of claim, check the one that ,Ak1� you consider most important. TORT (da not includ:! X /ass Toro CONTRACT (do not include Judgments) CIVIL. APPEALS ❑ Intentional ❑ Buyer Plaintiff Y Administrative Agencies uA ❑Malicious Prosecutionbt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle /❑ D Collection: Other 11 Board of Elections ❑Nuisance ❑ Dept. of Transportation ❑ Premises Liability s _ ❑ Zoning Board ❑ Product Liability (does not inc•/urle ❑Statutory Appeal: Other ..:• Em ployment p moss tort ❑ p yment Dis ute: ❑Slander /Libel/ Defamation Discrimination yC ❑Other: ❑ Employment Dispute: Other -- - - - - -- Judicial Appeals - — — — ❑ MDJ - Landlord/Tenant ❑ Other: ❑ MD1-Money Judgment MASS TORT ❑ Other: r� -- ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES b Toxic Tort - Implant REAL PROPERTY ❑ Toxic Waste. MISCELLANEOUS ❑ Other: ❑ Ejectment. ❑ Common Law /Statutory Arbitration ❑ . Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus _ - -- ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIAI3LITY ❑Partition ❑Quo Warranto ❑ Dental ❑ Quiet Title ❑ Re levin ❑ Legal P ❑ Medical ❑ Other: ❑Other: C3 Other Professional: Pa. R C. P. 205.5 2/2010 REORDER FROM PARTRIDGE WIRTH COMPANY 523 WYOMING AVENUE SCRANTON, PA 18509 344 -8514 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT ?v COMMON PLEAS No. J) 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 mentioned below. o9 -a -oa N [ OR ♦ ![L •NT Nf4t DIST.IIIIIS. OR NANt OR D.J. ADDREII O/ A ►! LANT .ITT STATE SIP COO[ 0 It DATE 0I W75 _ 1 TN CA t (JNDM N '� � M111I CLAW NO. SIGNATURE OR APPELLANT ON HIS ATTORNEY an TOMMY CV 20 LT 20 Aha-A This block will be signed ONLY when this notation is required un r Pa. R.C.P.J.P. No. 1008B. If appellant was Claimant (see Pa. R.C.P.'J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his N&I,CE 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.J.P. 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 Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To ,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 OR NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service wa of mailing. Date: 1 20 _ - ry `, t` {y Signature of Prothonota or Deputy .i Xa 9� � Al �� : �. �� i ^s COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ- 09 -2 -02 Ability Recovery Service, LLC MDJ Name: Honorable Jessica Brewbaker V Address: 18 North Hanover Street, Suite 106 David McAlicher Business Central Building Carlisle, PA 17013 Telephone: 717- 240 -6564 Ability Recovery Service, LLC Docket No: MJ- 09202 -CV- 0000021 -2013 P.O. Box 4031 Wyoming, PA 18508 Case Filed: 1/31/2013 Disposition Details Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09202 -CV- 0000021 -2013 Ability Recovery Service, LLC David McAlicher Judgment for Defendant 03/25/2013 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OFAUDGMENT 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. „tM Olp M , ber 4, '3 Date' Magisterial District Judge Jessica Brewbaker certify at this is a true and correct copy of the record of the procee ings containing the lu gmen . Date Magisterial District Judge APR 0I 2013 MDJS 315 Page 1 of 2 Printed: 03/25/2013 2:08:37PM r Ability Recovery Service, LLC Docket No.: MJ- 09202 -CV- 0000021 -2013 V. David McAlicher Participant List Private(s) James T Mulligan Esq. Jr., Esq. PO Box 4031 Wyoming, PA 18644 Michael J. Pykosh, Esq. Dethlefs Pykosh Law Group 2132 Market St Camp Hill, PA 17011 -4706 Plaintiff(s) Ability Recovery Service, LLC P.O. Box 4031 Wyoming, PA 18508 Defendant(s) David McAlicher 255 G Street Carlisle, PA 17013 MDJS 315 Page 2 of 2 9 Printed: 03 /25/2013 2:08:37PM - ' THE PROTHONOTARY 2G 13�►P R i l A� i t� 5 i CilMBERL a TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PLAINTIFF ABILITY RECOVERY SERVICES, LLC P.O. BOX 4031 WYOMING, PA 18644 COMPLAINT IN CIVIL ACTION VS. DOCKET NO.: 2013-1774 DEFENDANT DAVID MCALICHER 255 G STREET CARLISLE, PA 17013 FILED ON BEHALF OF PLAINTIFF ATTORNEY OF RECORD OF THIS PARTY: James T. Mulligan, Jr.,Esq. PA I.D# 51794 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PLAINfTIFF ABILITY RECOVERY SERVICES, LLC P.O. BOX 4031 WYOMING, PA 18644 NO.: 2013-1774 vs. DEFENDANT DAVID MCALICHER 255 G STREET CARLISLE, PA 17013 COMPLAINT AND 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 are served,by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or obligations 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 PRIOVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator/Courthouse Carlisle, PA 17013 717-240-6200 ABILITY RECOVERY SERVICES, LLC IN THE COURT OF COMMON PLEAS P.O. BOX 4031 OF CUMBERLAND COUNTY WYOMING, PA 18644 PLAINTIFF CIVIL DIVISION vs. DAVID MCALICHER 255 G STREET CARLISLE, PA 17013 DOCKET NO. : 2013-1774 DEFENDANT COMPLAINT NOW COMES, the Plaintiff by and through its Attorney, James T. Mulligan, Jr., Esquire and hereby complains as follows: 1. The Plaintiff is ABILITY RECOVERY SERVICES, LLC, a Pennsylvania Limited Liability Company with a mailing address located at P.O. Box 4031, Wyoming, Luzerne County, Pennsylvania and offices located at 1 Montage Mountain Road, Moosic, Lackawanna County, Pennsylvania. 2. The Defendant is David Mcalicher, adult individual, who currently resides at 255 G'Street, Carlisle, Cumberland County,Pennsylvania, 17013. COUNTI-CONTRACT 3. Defendant applied for and received a consumer loan with CitiBank South Dakota,N.A., bearing the account number(5256500311962673), on or about April 19, 2006. 4. Defendant's unpaid principal balance is Eight Thousand Three Hundred Forty Eight Dollars and Fifty Two Cents ($8,348.52)as of April 5, 2013,plus interest and fees. See statement attached as Exhibit"A". 5. Defendant is in default of aforesaid Agreement, as of January 1, 2010,the date of his last payment, by failing to make required monthly payments when due. As such,the entire balance is immediately due and payable to Plaintiff,pursuant to said agreement. 6. Plaintiff purchased the Defendant's debt on August 10, 2012. See Plaintiff's Bill of Sale and Chain of title, collectively attached as Exhibit`B". 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff,thus damaging Plaintiff. Wherefore,the Plaintiff,ABILITY RECOVERY SERVICES, LLC,prays for judgment in its favor and against Defendant,David Mcalicher, individually, in the amount of$15,345.46 (unpaid principal balance plus interest and fees up to date of judgment, plus subsequent 6% interest on the judgment obtained,plus costs. Dated: 4 h3 bI ' 44mes T. Mulligan,Jr., Esquire Pik I.D# 51794 Y.O. Box 4031 Wyoming, PA 18644 (866) 760-6205 ext. 235 In-House Counsel for Plaintiff This company is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. Section 4904 relating to unworn falsification to authorities,that he is JAMES T. MULLIGAN,JR., IN- HOUSE COUNSEL,authorized agent of ABILITY RECOVERY SERVICES, LLC, Plaintiff herein that he is duly authorized to make this verification,and that the facts set forth in the foregoing Complaint,are true and correct to the best of his knowledge,information and belief. (X- - J<' Date: qj� a.,, -rl Y\ e T*- Mulligan,Jr., -H use Counsel Exhibit Account Statement Send Nally of BOV Errors and Customer service Inquiries to �.� Customer Service: Cm MASTERCARD ' ntael" r rdckkw0aoom PO BOX 653054,DALLAS TX 75265-3054 Account Inquiries C� ® ��i wq "� �•t I 1-888-316-8480 yJ a Summa of Account Activity Payment Information arm} y a tit ° due as a at the Previous Oalance $8,100.48 New Balance $8,348.52 Pa ments' 40.00 Minimum Payment Due $2,375.00 Other Cre its .00 Payment Due Date September 05,2010 Purchase .00 Cash Adv nces .00 Late Payment Warning: If we do not receive your minimum payment by the Fees Ch d +$39.00 date listed above,you may have to pay a late fee up to$39.00. Interest C ed +$209.04 Minimum Payment Warning: If you make only the minimum payment each New Balance $8,348.52 perms,you will pay more in Interest and it will take you longer to pay off your balance.For example: Past Due Amount $2,043.00 r Credit UmIt $0.00 Only the minimum pa rnertt 23 years $22,262 z Available Credit $0.00 $354 3 years $12,757 (Savi"�-�' ) z Amount er Credit Limit .00 z Statement Closinq Date 08/09/2010 If you would Ike information about credit counseling services,call 1-877-337-9168. n z Next Statement Closing Date 09/0812010 N z Days in Bil ing Cycle 31 z z z W z NOTICE pF CLASS-ACTION SETTLEMENT.THIS NOTICE MAY AFFECT YOUR RIGHTS.PLEASE READ IT CAREFULLY. A z settlement has been reached in a class action alleging that Citibank(South Dakota), N.A. increased periodic rates due to delinquency z or default without prior notice.You may be a member of the settlement class.To obtain information regarding the settlement, please go to htip://www.casenosacvO6571.com Your late fee was based on an account balance of$6,100.48,which was your account balance on the Transaction Date for the fee. NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank(South Dakota),N.A. ----------------------------------------------------------------------------------------------------------------------------- '1 r Please detach this portion and return with your payment to insure proper credk Retain upper portion for your records.'t' " Maio Checks Payable to: CITI MASTERCARD t Past Due Amount is included in the Minimum Payment Due. 3: Payment Due Date New Balance Past Due Amounts Minimum Payment Due Amount Enclosed September 5,2010 $8,348.52 $2,043.00 $2,375.00 $ 1 4�� MVE STAMPS,TIME...AND TREES! vlslt Account Online and register now for Online Bill Pay, Paperless Statements and More. 5256560311 9-62673083485200251000237500105 KBAVQP 2 8010 5247 8 N III'I�:IIII"'II'IIIII'IIIhInIiIlI1111111I11'II'III"IIIIIn11Il PROCESSING CENTER DAVID J MCALICHER DES MOINES IA 503640001 2550 ST 'IIII"I'II'I'IIIrIrIIIIIII'11'I'IIIIIIII'I"I'IIIIIII'II""rlrt CARLISLE,PA 17013-1394 Print address changes above in blue or black ink. T__ Information About Your Account. While you do not have to pay the amount in question,you are responsible for the remainder of Now to Avoid Paying Interest on Purchases,Your payment due date is at least 25 days after your balance. the close of each bill ng cycle.You can avoid interest charges on purchases,but not on balance We can apply any unpaid amount against your credit limit. transfers and cash varies.This is called a grace period on purchases.To get the grace period Your Rights if You Are Dissatisfied With Your Credit Card Purctrases on purchases,pay the Net New Balance in full by the payment due date every billing cycle,The t you are dissatisfied with the goods or services that you have purchased with your credit card Net New Balance is: and you have tried in good faith to correct the problem with the merchant,you may have the The New Balance plus right not to pay the remaining amount due on the purchase. Any additional amount required by a promotional offer as part of the Minimum Payment Due, To use this right,all of the following must be true: minus g g Any 0%promotional balances that expire after the Next Statement Closing Date.(0% I.The purchase must have been made in your home state or within 100 miles of your current promotional balances do not include balance transfers and cash advances.) mailing address,and the purchase price must have been more than S50.(Note:Nether of If you do not,you will not get a grace period until you pay the Net New Balance in full for two these are necessary if your purchase was based on an advertisement we mailed to you,or if billing cycles in a r Other promotional offers may also allow you to have a grace period on we own the company that sold you the goods or services.) purchases without hi ving to pay all or a portion of the promotional balance by the payment due 2.You must have used your credit card for the purchase.Purchases made with cash advances date.In addition,cent in promotional offers may take away the grace period on purchases.If from an ATM or with a check that accesses your credit card account do not qualify. either is the case,thi promotional offer will describe what happens. 3.You must not yet have fully paid for the purchase. How We Calculate Y iur Balance Subject to Interest Rate.We use a daily balance method If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in (including current tra sactions)to calculate interest charges.To find out more information about writing at the Billing Errors address shown on the front. the balance compula ion method and how the resulting interest charges were determined, While we investigate the same rules apply to the disputed amount as discussed above.After we contact us at the Acc ant Inquiries number on the front. finish our investigation.we will tell you our decision.At that point,if we think you owe an Interest Charged.The Interest Charged on Purchases shown on the front includes the interest amount and you do not pay we may report you as delinquent. charged on all purcho ses and balance transfers. Important Payment Instructions. Rates.Variable APRs ill vary with the market based on the Prime Rate. Crediting Payments.If we receive our payment in proper form at our processing facility b 5 Minimum Interest If you are charged interest,the charge g V Y P V p Pe p g r y y g roe will be no less than 2.00. p.m.local time there,it will be credited as of that day.A payment received there in proper form Membership Fee.To Ovoid paying this fee,notify us that you are closing your account within 30 after that time will be credited as of the next day.Allow 5 to 7 days for payments by regular mail days of the mailing od delivery date of the statement on which the fee is billed. to reach us.There may be a delay of upto 5 days in crediting a payment we receive that is not in If Your Account Is bject To The Penafty APR,Now Long Will The Penalty APR Apply?The proper ddrress on the front ofethe payment coupon.The correct address fo cour ear ora express smail is Penalty APR will appll until you make 12 consecutive minimum payments on time and do not go the Express Payments Address shown below. over your credit limit or make a payment that is returned or do any of these things on another account that you have with us during that time period.The Penalty APR may end sooner in Proper Form.For a payment sent by mail or courier to be in proper form,you must: accordance with your card agreement,or if required by applicable law. •Enclose a valid check or money order.No cash,gift cards,or foreign currency please. Credit Reporting Di pates.If you think we reported inaccurate information to a credit bureau •Include your name and account number on the front of your check or money order. write us all the Customer Service address shown on the front. If you send an eligible check with this Payment coupon,you authorize us to complete your Report a Lost or Stolen Card Immediately.Calf the Account Inquiries number shown on the payment by electronic debit.If we do,the checking account will be debited in the amount front on the check.We may do this as soon as the day we receive the check Also,the check What To Do If You Think You rind a Mistake on Your Statement will be destroyed. It you think there is an error on your statement,write to us at the Billing Errors address shown Copy Fee.We charge$5 for each copy of a billing statement that dates back 3 months or more. on the front. We add the fee to the standard purchase balance.We waive the fee if your request for the copy relates to a billing error or disputed purchase. In your letter,give us the following information: Payment Options Other Than Regular Mall. Account i f i0 Your name and account amber. Dollar amount The 011ar amount of the suspected error. •Pay by Phone Service.You may use this service any time to make a payment by phone.You Description of Prot' m If you think there is an error on your bill,describe what you believe is will be charged S14.95 if a representative of ours helps expedite your payment.Call by 5 pum wrong and why you believe it is a mistake. Eastern time to have your payment credited as of that day.If you call after that time,your payment will be credited as of the next day.We may process your payment electronically after You must contact us within 60 days after the error appeared on your statement. we verify your identity_ You must notify us of any potential errors in w_ riting.You may call us,but if you do we are not •Express Payments.You can send payment by courier or express mail to the Express Payments required to investigate any potential errors and you may have to pay the amount in question. Address.This address is:Customer Service Center,Dept.CCS 911,4740121st Sheet,Urbandale,IA While we investigate whether or not there has been an error,the following are true: 50323.Payment must be received in proper form at the proper address by 5 p.m.Central time to be credited as of that day.All payments received in proper form at the proper address after We cannot try to cofct the amount in question,or report you as delinquent on that amount. that time will be credited as of the next day. The charge in questi n may remain on your statement,and we may continue to charge you Interest on that amount.But,if we determine that we made a mistake,you will not have to pay the amount In question or any interest or other fees related to that amount. PRISM GP 03/10 T00210 PRISM GP 03110 Page 2 of 4 Account: 2673 TRANSACMNS Trans Date Dbscription Reference# Amount FEES GM5 LATE FEE $ 39.00 TOTAL FEES FOR THIS PERK S 99.00 INTERFST CHARGED 08M in Brest Charge on Purchases $ 209.04 TOTAL INTEREST FOR THIS PERIOD $ 209.04 Total Fees Charged in 2010 $273.00 Total Interest Charged in 2010 $1,495.53 INTEREST F HARCsE CALCULATION Your Annual P•rca Rata APR Is qre annual interest rate on your account. w.�.y....p .. ...� #.,..� �U%....... `XS'. .. »•x'.45"°`... ..yH ... '� e PURCHASE z S 29.99% M $8,207.40 $209.04 z CASH ADVA ICES Q StandJr J 29.99% M $0.00 $0.00 2^5 z 8z �z NZ (o ! z Z Z z Page 3of4 ati Account Statement Your Amount Minimum Amount Now Balance as Enclosed FEBRUARY 03 Account N Due 1243.00 1 Payment Due Date Past Payment P 2 01] 0 1 $6,754.6. 1 5256 5003 119 [$ sm sm /E 1 04 8 GP Please follow paymert instructions on reverse side. Minimum Payment Make chocks payable to: Due must be received by 5:00 pm local time on Payment Due Date. CITI MASTERCARD 52565003111962673067546800251000024300104 005780 OWNS DAVID MCALICHER 255 G tT CARLISLE PA 17013-1394 AVGP CITI MASTERCARD PROCESSING CENTER DES MOINES IA 50364-0001 Print address changes above. ,ft,Please detach here. AOT%h,* Send Notice of Billing Errors to: CITI MASTERCARD PO BOX 653064,DALLAS TX 75265-3054 clati Customer Service: 1-866-510-2761 THIS ACCOUNTISSUED BYCITISANK(SOUTH DAKOTA),N.A. Account: 5256 5003 1196 2673 Closing Date CkWm Daft Cash Limit* Caah Available Croft Urw T Credit Available, Amount Over Limit 01/07110 1 62/04/10 10.00 S0,00 S0,00 I SO,00 to 00 Previous Bale!�!. Pa menu&C:�::�Purchaeoa/Other Charges Cash Advances F-INANCE CHARGES Now Balance $251.00 0.00 S0.00 $174.69 CURRENTACTIMY Transaction Date Transactions Amount 8525650QHO9DZXA8M 01/01 PAYMENT - THANK YOU $ 251.00- 01/07 *BILLED FINANCE CHARGES* $ 174.69 THANK YOU FOR YOUR RECENT PAYMENTI The 'ANNUAL PERCENTAGE RATE on the account' includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the 'ANNUAL PERCENTAGE RATE on the account" is N/A, no finance charges (after adjustments) were impos d this billing period. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. I ANNU 3MWLPRVNgTlms Billed Accrued Previous FINANCE Payments& Plan FINANCE Expiration Balance CHARGES Credits Balance CHARGES Date 0%APR FOR 6 MOS�PMT REQ $2,013.17 $2,013.17 0%APR FOR 3 MO PMT REQ $50.07 $50.07 0%APR FOR 3 MOS�PMT REQ $109-91 $109.91 FINANCE CKA SlAWA RY Balance Corresponding Days In Period z Other Subject to DAILY ANNUAL Billing FINANCE FINANCE 1900"PRodd Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Current • 0%APR FOR 6 MOS-PMT REQ 0.08216%(M) 29.99% 31 0%APR FOR 3 MOS-PMT REQ 0.082165%(M) 29.99% 31 0%APR FOR 3 MOS.PMT REQ 0.08216%(M) 29.99% 31 STANDARD CASH ADVANCES 0.08216%(M) 29.99% 31 - Previous Billing Porlo� d 0%APR FOR 6 MOSJPMT REQ 0.08216% 29.99% 32 - 0%APR FOR 3 MOS4PMT REQ 0.08216% 29.99% 32 - 0%APR FOR 3 MOS4PMT REQ 0.08216% 29.99% 32 - NONE *The Cash Limit is a portioni of your Cre&Une. PAGE 1 OF 2 S3046P CBEF01 5780 PAGE 2 OF 2 CURRENTAMMY Transaction Date Transactions Amount o 0 Additional Finance Charge Summary r 0% for 3 months on purchases of $99 or more - 0.00000% daily periodic rate (0.00% corresponding ANNUAL PERCENTAGE RATE) 0% for 6 months on purchases of $299 or more - 0.00000% daily periodic rate (0.00% corresponding ANNUAL PERCENTAGE RATE) o Any balances on these plans are reflected below. aa� _ a SPECIAL Billed Accrued Previous FINANCE Payments& Plan FINANCE Expiration Balance CHARGES Credits Balance CHARGES Date Balance Corresponding Days In Periodic Other Subject to ppqq�ILy ANNUAL Ming FINANCE FINANCE Finance Charge Perledic Rate PERCENTAGE RATE Period CHARGES CHARGES PiirCd Current BiNhty STANDARD PURCHASES $6,859.02 0.08216%(M) 29.99% 31 $174.69 Previous BIIMV STANDARD PURCHASES 0.08216% 29.99% 32 - • Access your transaction details 24/7 • Get email notification when your statement is ready • View and download PDFs of current or past statements Rest assured— we'll keep your personal information private. Sign4on at www.mastercard.citicards.com to switch today! Account: "*** **"* ****2673 TRANSACTIONS Trans Data Description Reference# Amount FEES 08/05 TE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD $ 39.00 INTEREST 08109 1 areal Charge on Purchases $ 209.04 TOTAL INTEREST FOR THIS PERIOD $ 209.04 N WORM, Total Fees Charged in 2010 $273.00 Total Interest Charged in 2010 $1,495.53 INTEREST E CALCULATION our Annual Pue RaM(APR is the annual Interest rate on your account. PURCHASE z Standar 29.99' M $8,207.40 $209.04 z CASH ADVA CES Q Z Standar 29.99% M $0.00 $0.00 ry Z N Z N} Z Z N Z f0 I 8 Z Z Z Page 3 of 4 Account: "`*" **** **** 2673 Page 4 of 4 Account: **** **** **** 2673 Page 4 of 4 Exhibit Contract ID: UN 1 MU 1 AB 112111 Document ID: 111611 UN IAS 1 SBB 1 Document ID: 111611UNIFXITBBI Document ID: 111611 UN 1 PM 1 PBB 1 BILL OF SALE THIS BILL OF SALE, dated November 21, 2011, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") to Pilot Receivables Management, LLC, organized under the ',laws of the state of Ohio, with its headquarters/principal place of business at 10625 Techwoods Circle, Cincinnati,OH 45242 ("Buyer"). For''value received and subject to the terms and conditions of the Purchase and Sale Agreement dat November 21, 2011, between Buyer and the Bank (the "Agreement"), the Bank does her y transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's suc essors and assigns,the Accounts described in Exhibit 1 and the final electronic file. Citibank,N.A. B c Y• (Signature) Name: Patricia Hall Title: Financial Account Manager Pilot OBNA 1 12111 T u EXHIBIT B PILOT RECEIVABLES MANAGEMENT LLC BILL OF SALE PILOT RECEIVABLES MANAGEMENT, LLC, for value received and in accordance with the berms of the Receivables Purchase Agreement by and between PILOT RECEIVABLES MANAGEMENT, LLC and ABILITY RECOVERY SERVICES LLC("Purchaser"), dated as of August 10, 2012 (the "Agreement'), does hereby sell, assign, and transfer to Purchaser all of its Wood and marketable title, free and clean of all liens, claims and encumbrances in and to the eceivables listed in the Closing Statement attached as Exhibit A to the Agreement, without recourse and without representation or warranty of collectability, or otherwise, except to the extent stated in the Agreement. Executed on August 10,2012. PIL T L MANAGEMENT,LLC By Kris E. ugh Vice President of ales keting d Use ONLY 1 UNIFUND CCR,LLC CONFIDENTIAL Client# PID CID# State of Ohio) County of Hamilton)ss. AFFIDAVIT Marcy Kenny being sworn,deposes and says that she is an authorized representative of PILOT RECEIVABLES MANAGEMENT,LLC herein called assignor,which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242'land that the statements and representations herein are within her personal knowledge. There is duel and payable from DAVID J MCALICHER,Acct. 5256500311962673, SSN: xxx-xx-4491,as of 08/10/2010,the amount of$8,348.52. The creditor for this account was CITIBANK SOUTH DAKOTA NA. The account was assigned,transferred and set over unto ABILITY RECOVERY SERVICES LLC on 08/10/2012. The undersigned acknowledges that in making this assignment,the assignor has made a complete assignment of said debt and tha ABILITY RECOVERY SERVICES LLC is now the owner thereof,and they have complete authority tc settle,adjust,compromise and satisfy the same and that the assignor has no further interest in said debt for any purpose. DATED this 12 of February,2013 PILOT RECEIVAB S MANAG MENT, LC By:Marc, Ky Authorized Representative Title 10625 Techwoods Circle Cincinnati OH 45242 Address Subscribed and sworn to before me this 02/12/2013 by Marc Kma.Authorized Representative of PILOT RECEIVABLES MANAGEMENT,LLC. �i�tii►im�r My commission expires: MICMEi.Lt R.KELLY NOTARY PUBLIC �A A au I I ESTATE OF OHIO NOTARY SEAL s Comm. Explros No blic July 16, 2017 Client#1935 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PLAINTIFF c ABILITY RECOVERY SERVICES, LLC MA s P.O. BOX 4031 =:;o -�m WYOMING, PA 18644 NO: 2013-1774 �'� o° vs. a=� DEFENDANT .°.R � � D DAVID MCALICHER 255 G STREET CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, James T. Mulligan, Jr., Counsel for Plaintiff, hereby certifies that I have served a true and correct copy of the foregoing Complaint,by U.S. First Class Mail,postage prepaid,this date shown below,to the following: David Mcalicher 255 G Street •' t' Carlisle, PA 17013 Q��4 T Date: T 13 Jpos T. Mulligan, Jr., Esq. M. Box 4031 Wyoming, PA 18644 PA ID 51794 Counsel for Plaintiff ABILITY RECOVERY SERVICES, LLC : COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 13-1774— Civil Term DAVID MCALICHER Civil Action — Law Defendant r� o NOTICE TO PLEAD ' r; 01 O C� 1" y C� To: Ability Recovery Services, LLC =o z� c/o James T. Mulligan, Jr., Esquire In-House Counsel for Plaintiff c P.O. Box 4031 ` Wyoming, PA 18644 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submit , Date: I l 0 0 Michael J. ykosh, 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 mpykoshC&-dplglaw,com Attorney for Defendant ABILITY RECOVERY SERVICES, LLC : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 13-1774— Civil Term DAVID MCALICHER Civil Action — Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, David McAlicher, 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 CitiBank South Dakota, N.A., , of which Plaintiff claims to be the Original Creditor. Comp. $ 3. 2. The Complaint was filed on April 11, 2013. First Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 3. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract and Account Stated. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 4. 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. 5. 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. 6. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Third Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreement(s) is oral or written, state its terms, and/or attach written contract upon which the claim is based) 7. The Complaint avers the existence of some type of contract pertaining to a credit card between the parties. 8. 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. 9. Pursuant to Pa. R.C.P. 1019(1), 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, 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). Plaintiff has failed to explain the absence of the written agreement and has failed to set forth the substance of the agreement. Fourth Preliminary Objection- Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 10.Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 11.Plaintiff's Amended Complaint is based upon a contract. 12.Plaintiff asserts a cause of action based upon an account stated theory of recovery. 13.An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine 7 Pa. D&C 5th (Ct. Com. PI. Centre Cty 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzerne Cty). 14.Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) vXenofon Skaboulos 2009 No. 09-8676 (Cumberland Cty). Fifth Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 15.Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 16.The Complaint is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 17.The Verification does not state that the party was unable to sign it "within the time allowed for pleading," nor the reason why the Verification is not made by a party, as required by Pa. R.C.P. 1024(c). Sixth Preliminary Objection- Pa. R.C.P. 1028(a)(5) Plaintiff is stranger to Defendant 18.Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 19.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. 20.Plaintiff has not shown standing or capacity to sue Defendant. 21.Since this matter was not brought by the real party in interest it must be dismissed WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Red, Date: 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 ABILITY RECOVERY SERVICES, LLC : COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 13-1774 — Civil Term DAVID MCALICHER 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: Ability Recovery Services, LLC c/o James T. Mulligan, Jr., Esquire In-House Counsel for Plaintiff P.O. Box 4031 Wyoming, PA 18644 Respectfully �ub mitt ed Date: 15 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C PLAINTIFF -0:x zz; —t ABILITY RECOVERY SERVICES, LLC P.O. BOX 4031 vr� N ,gip D WYOMING, PA 18644x cry o NO.: 2013-1774 vs. >C= -4 N) _ DEFENDANT -< = DAVID MCALICHER 255 G STREET CARLISLE, PA 17013 PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS Now comes the Plaintiff, Ability Recovery Services, LLC, by and through their in-house Counsel, James T. Mulligan, Jr., and files the following Answer: 1. Admitted. 2. Admitted. 3. Denied. Defendant's paragraph 3 is a legal conclusion for which no responsive pleading is necessary. 4. Denied. Defendant's paragraph 4 is a legal conclusion for which no responsive pleading is necessary. 5. Denied. Defendant's paragraph 5 is a legal conclusion for which no responsive pleading is necessary. 6. Denied. Defendant's paragraph 6 is a legal conclusion for which no responsive pleading is necessary. 7. Denied. By way of further answer. Plaintiff alleges that Defendant entered into a contractual relationship by virtue of using the credit card. 8. Denied. By way of further answer, Defendant's paragraph 8 is a legal conclusion for which no responsive pleading is necessary. Dated: � /- Signature: ^ ' es T. Mulligan, Jr.,Esq. Address: ��Vyoming,. Box 4031 PA 18644 Telephone: 570-207-1892 ext. 235 Supreme Court ID: 51794 In-House Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF ABILITY RECOVERY SERVICES, LLC 3 , P.O. BOX 4031 WYOMING, PA 18644 NO: 2013--1774 r DEFENDANT , DAVID CHISHKO �', 255 G STREET CARLISLE, PA 17013 CERTIFICATE OF SERVICE 1, James T. Mulligan, Jr., Counsel for Plaintiff, hereby certifies that I have served a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Preliminary Objections, by U.S. First Class Mail, postage prepaid, this date shown below, to the following: Dethlefs-Pykosh Law Group, LLC Attn: Michael J. Pykosh, Esq. 2132 Market Street Camp Hill, PA 17011 Date: z213 J s T. Mulligan, Jr., sq. W. Box 4031 Wyoming, PA 18644 PA ID 51794 Counsel for Plaintiff 061- i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) rn r TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tht — Argument Court.) - <L-'' `7 CAPTION OF CASE ----------------------------------------------------- �c-, w:; -- (entire caption must fated in full) ` / / CO i %/ vs. Co.-t,',(,et )7Z_C-- ( -tee No. a 177 Term 1. State matter to bear ued(i.e.,plaintiffs mo;:on for new trial,defendant's demurre lo complaint,etc.): /' t �� i / J fu s 2. Ide i all counsel who will argue cases. (a) for plaintiffs: ___Z__ ____ Yom; / . Pc ( ,4' a a:• A.. ess) /79- /t-z, yV b) f defendan . IA ./1 "l \ . • 4-g4Ltii_____„2- :* - ( and Addre } j 1 /// /2/ 3. I will notify all parties in writing Within two days that this case has been listed for argument. 4. Argument Court Date: Signa Print your name PLC v - , _.7j2.11/ Attorney for Date: 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. 4 101.1Spci (Al avvA sa�gi 4 C� S� ssci O 4t- ag3606 #8 ABILITY RECOVERY SERVICES, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • V. DAVID MCALICHER, : NO. 2013—1774 CIVIL TERM Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, MASLAND, PLACEY,JJ. ORDER OF COURT AND NOW,this 101H day of OCTOBER,2013, Defendant's Preliminary Objections are SUSTAINED. Plaintiff is granted leave to file an amended complaint within thirty(30)days. By the Court, Edward E. Guido,J. �mes T. Mulligan, Esquire ichael J. Pykosh, Esquire Court Administrator Pty ' _'L :sld QS Jait/!3 rn rri cry f s �1 ,i;I... Michael J.Pykosh,Esquire f� , }ir,: P R O ID#58851 2132 Market Street t tx F1 Mg� Camp Hill,Pennsylvania 17011 3 f Telephone—(717)975-9446 Fax—(717)975-2309 CUMileti_ CUMBERLAND COLN Y MPvkoshCc.dplglaw.com PENN P F NNS Y LVANNIPrneY forDefendant ABILITY RECOVERY SERVICES, LLC : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • No: 13-1774— Civil Term DAVID MCALICHER • Civil Action — Law Defendant MOTION FOR JUDGMENT AND NOW, comes the Defendant, David McAlicher, 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 April 4, 2013, Plaintiff filed a Notice of Appeal Complaint at Docket Number 13-1774. 2. On April 11, 2013, Plaintiff filed a Complaint alleging that Defendant owed Plaintiff fifteen thousand three hundred forty-five and 46/100 ($15,345.46) dollars plus applicable court costs. 3. On April 16, 2013, Defendant filed Preliminary Objections to Plaintiffs Complaint. 4. On April 25, 2013, Plaintiff filed an Answer to Defendant's Preliminary Objections. 5. On July 26, 2013, Plaintiff filed a Praecipe to List Case for Argument. Argument was scheduled for September 27, 2013. 6. On October 10, 2013, an Order of Court was executed by Edward E. Guido, J (attached hereto as "Exhibit "A" and made apart hereof). Plaintiff was ordered to file an Amended Complaint within thirty (30) days from the date of said Order. 7. More than thirty (30) days from the date of said Order have lapsed and Plaintiff has failed to file an Amended Complaint. 8. Plaintiff has failed to comply with the aforesaid Order of Court. 9. Plaintiff's counsel would not concur with this Motion. WHEREFORE, Defendant, David McAlicher, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with Prejudice. Respectfully Sub ed, Date: 11I 131 13 �� Michael J. r osh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant #8 ABILITY RECOVERY SERVICES, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • V. • . ' DAVID MCALICHER, : NO.2013—1774 CIVIL TERM Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GU|DO' MASLAND' PLACB\� ORDER OF COURT AND NOW,this 10Thl day of OCTOBER,2013, Defendant's Preliminary Objections are SUSTAINED. Plaintiff is granted leave to file an amended complaint within thirty(30)days. By the Court, Edward E. Guido,J. James T. Mulligan, Esquire Michael J. Pykosh, Esquire Court Administrator _� rnvo r n :sld �c � unr— -- c —'' <c� �c c c- _ _ r --.�� ' �� ' Michael J.Pykosh,Esquire ID#58851 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 MPykosh(a�dplglaw.com Attorney for Defendant ABILITY RECOVERY SERVICES, LLC •▪ COURT OF COMMON PLEAS Plaintiff •▪ CUMBERLAND COUNTY, PENNSYLVANIA v. ▪ No: 13-1774— Civil Term • DAVID MCALICHER ▪ 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: Ability Recovery Services, LLC do James T. Mulligan, Jr., Esquire P.O. Box 4031 Wyoming, PA 18644 Respectfu ly Submitted, Date: 11 ) 13 / l3 Michael 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 1 3 ABILITY RECOVERY SERVICES, LLC •▪ COURT OF COMMON PLEAS Plaintiff •▪ CUMBERLAND COUNTY, PENNSYLVANIA v. No: 13-1774— Civil Term • DAVID MCALICHER • Civil Action — Law Defendant • ORDER AND NOW, this (4day of 1,1 'w" , 2013, in consideration of the Order of Court, dated October 10, 2013, executed by Edward E. Guido, J., and no response received within thirty (30) days from the date of said Order of Court, it is hereby ORDERED and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED with Prejudice. Pursuant to the requirements of Pa. R.C.P. 236(a)(2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note i t'th docket the giving of such notices and time and manner thereof. CD C) j<t .a-- BY T.� CO .• J � - F LIJ w w cr, ct. J. - Z Distribution Legend: � James T. Mulligan,Jr., Esquire Michael J. Pykosh, Esquire P.O. Box 4031 2132 Market Street Wyoming, PA 18644 Camp Hill, Pennsylvania 17011 (866) 760-6205 (717) 975-9446 Co I'E►S' P2a� /!1//8,f12