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HomeMy WebLinkAbout13-2592 Supreme Cour# oU'Pennsylvania Court offCom mon�Pleas For Prothonotary Use Only: Civil Cover Sheet �±- «. G Docket No: n CUMBER2LANI County 13 -oiMA C ivi i term The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: LVNV FUNDING LLC RICHARD C FRITZ T Dollar Amount Requested: lwithin arbitration limits )( Are money damages requested? El Yes El No (check one) Doutside arbitration limits �Q N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? 0 Yes EE No i A Name of PlaintifflAppellant's Attorney: MICHAEL F. RATCHFORD, ESQ. 0 Check here if you have no attorney (are a Self - Represented' Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution zl Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Q Dept. of Transportation ! 0 Premises Liability 0 Statutory Appeal: Other *S- Product Liability (does not include E mass tort) © Employment Dispute: ! Slander/Libel/ Defamation El Discrimination i C 0 Other: Employment Dispute: Other Toning Board T 0 Other: Other: o MASS TORT E 0 Asbestos N Tobacco El Toxic Tort - DES ! l Toxic Tort - Implant Toxic Waste REAL PROPERTY MISCELLANEOUS Other: 0 Ejectment El Common Law /Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus Landlord/Tenant Dispute ® Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto 0 Dental [3 Partition 0 Replevin E Legal l3 Quiet Title 0 Other: ® Medical Other: ® Other Professional: I Updated 1/1/1011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC M OD te 15 South Main Street CIVIL ACTION r- 5m M Greenville, SC 29601 CD Plaintiff >° x C,, ' NO: 13 - o'qa l�►vil�P.i - 1�`1 R C Fritz Carpentry RICHARD C FRITZ 6027 MOCKINGBIRD DR MECHANICSBURG PA 17050 -2077 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. n MIDPENN LEGAL SERVICES \�J 401 EAST LOUTHER STREET P4 ►�fi`� CARLISLE, PA 17013 717- 243 -9400 C5 �O� 13 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff vs. NO: R C Fritz Carpentry RICHARD C FRITZ 6027 MOCKINGBIRD DR MECHANICSBURG PA 17050 -2077 Defendant COMPLAINT Plaintiff, LVNV FUNDING LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV FUNDING LLC, (hereinafter "Plaintiff') is a corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant R C Fritz Carpentry RICHARD C FRITZ (hereinafter "Defendant ") is an adult individual residing at 6027 MOCKINGBIRD DR MECHANICSBURG PA 17050 -2077. 3. Defendant applied for and received a credit card issued by Citibank (South Dakota), N.A. with the account number ending in 2675. 4. The within account was assigned by Citibank (South Dakota), N.A. to LVNV FUNDING LLC for valuable consideration and all rights under said accounts were assigned to LVNV FUNDING LLC. 5. Use of the Citibank (South Dakota), N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement "), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the Citibank (South Dakota), N.A. credit card account number ending in 2675, for purchases, cash advances and/or balance transfers. 7. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 8. The Defendant last made payment on August 24, 2009. 9. The total amount due and owing the Plaintiff, is $22,576.33. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $22,576.33 plus costs of suit and any other relief as the Court deems just and appropriate. Res ct F. ly submitted, Micha Ratchfor ,Esquire Attorney I.D. Nos.: 6285 120 N. Keyser Av Scranton, PA 18 4 mratchford @e - law.com Phone: 800 -503 1665 Fax: 570 - 558 -5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, LVNV FUNDING LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. /ji ael F. Ra hf rEsquire , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -,LE�..�j Sheriff Smith THE P�i(�THIONOTAR'i Jody S Smith Chief Deputy 41'40, 2013 MAY 30 AM l!: 0 3 Richard W Stewart CUMBERLAND COUNTY Solicitor OF,FICE CF TK SKRIFF PENNSYLVANIA LVNV Funding, LLC vs. Case Number RC Fritz Carpentry (et al.) 2013-2592 SHERIFF'S RETURN OF SERVICE 05/17/2013 12:32 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Richard Fritz at 6027 Mockingbird Drive, Hampden Township, Mechanicsburg, PA 17050. NOAH CLINE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, May 23, 2013 RbNIV R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. C..) - C- c�� - ro,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, �� W �r T PENNSYLVANIA --4 CIVIL DIVISION .v C, ei'- LVNV FUNDING, "7 Plaintiff(s) Docket No.: 2013-2592 v. R C FRITZ CARPENTRY, Defendant(s) PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 2013-2592 v. R C FRITZ CARPENTRY, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. Re •ectfu l ly Joseph P Murphy 83120 The urphy Firm Th: rant Building, 33rd Floor 311 Grant Street, #3309 Pittsburgh, PA. 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ CIVIL DIVISION LVNV FUNDING, r-+m rr, r) Plaintiff(s) Docket No.: 2013-2592 � Ct V. s ` % R C FRITZ CARPENTRY, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 2013-2592 v. R C FRITZ CARPENTRY, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing PEARANCE ZP LIB 1NARY OBJECTIONS TO COMPLAINT B'IEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT MI MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Michael Ratchford, Esq. Edwin A. Abrahamsen & Associate 120 North Keyser Ave Scranton, PA. 18504 • •ectfu l l • 0,. - fitted, 111111114410/ a Jos- . ,c urphy M. ► %a , June 10, 2013 ■ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 2013-2592 v. R C FRITZ CARPENTRY, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(i). 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 5. The Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 6. This assignment, succession of interest, debt buying arrangement, or the like, is a "writing," upon which Plaintiff's "claim" of the right to sue Defendant is based. 7. Prior to November 28, 2000, Plaintiffs were only required to plead these assignments.1 8. As of November 28, 2000, the Rules committee adopted the new rule 1019(i), which requires that, "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing..." (emphasis mine) 9. That is to say, the complaint claims a right to sue on an account which plaintiff did not create. This "claim" is based on a "writing," and that actual "writing" is not attached.2 10. The foregoing is the proper subject or preliminary objections, Pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to rule of court 1019(i), as adopted 11/28/2000j OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 11. These objections arise under Rule 1028(a)(3). 12. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. The procedural rules changes adopted on this date modified the old rule 1019(h),which,up until then, only required that the pleader state whether an agreement is in writing. The 2000 rule changes required that the pleader specifically plead whether the agreement is oral or written,and added a new rule,Rule 1019(i), requiring that if the agreement is written it must be attached. All the cases still floating around that seem to relieve,mysteriously,credit plaintiffs only, from the attachment requirement are either pre 2000,or based on other cases that were decided pre 2000, for example,the oft cited case of Brown v.Esposito, decided in 1945,some 55 years before there even was a rule 1019(i). Of course these cases and their progeny are thoroughly inapplicable to ruling on a 1019(i)objection,because 1019(i)didn't exist yet. 2 Of course Plaintiffs will commonly attach"bills of sale,""affidavits"and the like. These are not the writing,just a writing that says the writing exists. In this case the"Bills of Sale"simultaneously prove that a writing exists and that it is not attached. 13. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 14. Specifically, Plaintiff pleads that a specific sum certain is due from Defendant. 15. Defendant is required to admit or deny this averment by our rules. 16. Plaintiff has not provided enough information, in the way of documentation of the calculations underlying its demand to enable Defendant to formulate a response. 17. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3). for insufficient specificity. OBJECTIONS TO VERIFICATION 18. The Complaint is verified by counsel. 19. A verification by counsel can be appropriate only if same complies with Pa. R.C.P. 1024(c). 20. Said verification does not comply with Pa. R.C.P. §1024(c). 21. Accordingly, the Complaint is the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Rule 1024(c). WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and,the Plaintiff be required to plead over in accord with the ' • es o Co Respe4. r b /Re•, I iii Joseph P 'T' rphy d 0/1) PRAECIPE FOR LISTING CASE FOR ARGUMENT C (Must be typewritten and submitted in triplicate) -r�.° TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the rwt. Argument Court.) cri ---.....-- --- __--.._.._._....... ........�_ -- - -r--r' CAPTION OF CASE -. - .<a --(1 (entire caption must be stated in full) c-) c°� L—V V Vcivoit( V3. No. 2--50 , 1 ,) Term 1. State matter to be argued(i.e.,plaintiff's motion for new trial,defendant's demurrer to complaint,etc.): '�r.1svv�E arl C C.0,i(-rNs 2. Identify all counsel who will argue cases: (a) for plaintiffs: ( PO IQ begre.v. 4,1-cd5Poreivaart. ,9 1 •c° (Name and A dress) S® ' /6 ( (00 -(b) for def da s C�3a P1'41-66-477\4214 • j �t (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature /` l t - ' Atto ney for Date: `- INSTRUCTIONS: 1.Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 12 days prior to argument. 3.The responding party shall file their brief 5 days prior to argument. 4.If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case Is rellsted. arJF 't/ pt. q g 5"-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiffs Docket No.: 2013-2592 ( ) V. zc) . R C FRITZ CARPENTRY AND RICHARD C FRITZ, Defendant(s) PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IRIS 'A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff(s) Docket No.: 2013-2592 V. R C FRITZ CARPENTRY AND RICHARD C FRITZ, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. Respectfull Joseph'P# Murphy 83120 The J.`Murphy Firm The G-rant Building, 33rd Floor 310 grant Street, #3309 Pi sburgh, PA. 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT`S PENNSYLVANIA CIVIL DIVISION �'"`�y s N cs LVNV FUNDING LLC, r Plaintiff(s) Docket No.: 2013-2592 y V. R C FRITZ CARPENTRY AND RICHARD C FRITZ, Defendants) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 QRIG.":RI.� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff(s) Docket No.: 2013-2592 V. R C FRITZ CARPENTRY AND RICHARD C FRITZ, Defendants) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing L1J APPEARANCE dPRELIMINARY OBJECTIONS TO COMPLAINT BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT ❑ MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Michael Ratchford Edwin A. Abrahamsen & Associates 120 North Keyser Ave Scranton, PA. 18504 ,•� �1 � r esptfull Su ` fitted, f. r Jos a%Murphy T day, June 25, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff(s) Docket No.: 2013-2592 V. R C FRITZ CARPENTRY AND RICHARD C FRITZ, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(i). 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(x)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT S. The Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 6. This assignment, succession of interest, debt buying arrangement, or the like, is a "writing," upon which Plaintiff's "claim" of the right to sue Defendant is based. 7. Prior to November 28, 2000, Plaintiffs were only required to plead these assignments.' 8. As of November 28, 2000, the Rules committee adopted the new rule 1019(i), which requires that, "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing..." (emphasis mine) 9. That is to say, the complaint claims a right to sue on an account which plaintiff did not create. This "claim" is based on a "writing," and that actual "writing" is not attached.2 10. The foregoing is the proper subject or preliminary objections, Pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to rule of court 1019(i), as adopted 11/28/2000/ OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 11. These objections arise under Rule 1028(a)(3). 12. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. ' The procedural rules changes adopted on this date modified the old rule 1019(h),which,up until then, only required that the pleader state whether an agreement is in writing. The 2000 rule changes required that the pleader specifically plead whether the agreement is oral or written,and added a new rule,Rule 1019(i), requiring that if the agreement is written it must be attached. All the cases still floating around that seem to relieve,mysteriously,credit plaintiffs only, from the attachment requirement are either pre 2000,or based on other cases that were decided pre 2000, for example,the oft cited case of Brown v.Esposito,decided in 1945,some 55 years before there even was a rule 1019(i). Of course these cases and their progeny are thoroughly inapplicable to ruling on a 1019(i)objection,because 1019(i)didn't exist yet. z Of course Plaintiffs will commonly attach"bills of sale,""affidavits"and the like. These are not the writing,just a writing that says the writing exists. In this case the"Bills of Sale"simultaneously prove that a writing exists and that it is not attached. 13. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 14. Specifically, Plaintiff pleads that a specific sum certain is due from Defendant. 15. Defendant is required to admit or deny this averment by our rules. 16. Plaintiff has not provided enough information, in the way of documentation of the calculations underlying its demand to enable Defendant to formulate a response. 17. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3). for insufficient specificity. OBJECTIONS TO VERIFICATION 18. The Complaint is verified by counsel. 19. A verification by counsel can be appropriate only if same complies with Pa. R.C.P. 1024(c). 20. Said verification does not comply with Pa. R.C.P. §1024(c). 21. Accordingly, the Complaint is the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Rule 1024(c). WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. , Respe y b�I itt.e, , Joseph Xyfphy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING LLC, Plaintiff(s) Docket No.: 2013-2592 V. R C FRITZ CARPENTRY AND RICHARD C FRITZ, Defendant(s) - ORDER - On this day of , 20 , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. Da 1A nOTI-IONO 2013 JUL -3 PM 1: 34 PRAECIPE FOR LISTING CASE FOR ARGUMENT ;C_UMCSER�. AND EOUI PENNSYLVANIA (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) LVNV FUNDING LLC vs. R C FRITZ CARPENTRY AND RICHARD C FRITZ No 2592 of 2013 Term 1. State matter to be argued(i.e.,plaintiff's motion for new trial,defendant's demurrer to complaint,etc.): Preliminary Objections to Complaint 2. Identify all counsel who will argue cases: Michael Ratchford,Esq. Edwin Abrahamsen&Associates 120 North Keyser Ave Scranton,PA 18504 (Name and Address) • (b) for defendants: Joseph Murphy 310 Grant Street Suite 3309 Pittsburgh_ PA 15219 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: ; ,1, Signature Print your riarbe Peti,c/c44`i )���� Attorney for Date: 6 INSTRUCTIONS: 1.Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 12 days prior to argument. 3.The responding party shall file their brief 5 days prior to argument. 4.If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. 614- IV 75174 a CLick - aqQ Ct IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, Plaintiff(s) Docket No.: 2013-2592 -0 a CJ v. Fri rn C-, R C FRITZ CARPENTRY AND RICHARD -< . c ->` C FRITZ, < .b" • Defendants .. c. - ORDER - `_, = F On this Y day of , 20 1.3 , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 120 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothonotary, upon Praecipe of the Defendant, shall dismiss this case with prejudice. BY THE •URT: 4/0(t_ J. CONSE ED TO EryTRY OF THE ABOVE ORDER: � , -2,7- Joseph Murp : 15111 //! q/ac/i-3 SPe is -st e c�. Qt., .air a, 1 / 'C�,L .S.Ztizecc /11-47 fit to/e/i IMIMMIEMEMINEMIEMI i p,b; r .ti�,,, ,+ LVNV FUNDING LLC - In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division vs. . • : NO: 2013-2592 CIVIL TERM R C Fritz Carpentry . Richard C Fritz Praecipe to Withdraw Civil Complaint Defendant cM,, •• rn° r-_. ;l�.`: • t • -- n c: • �-- <- -o C5_r, p C7 -,- -' • PRAECIPE TO WITHDRAW _, F W To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. Thank you, 41bAlliii IrallirAillimrilliiir Michael F. Ratchford, .quire Edwin A. Abrahamse &Associates, P.C. Lawyer ID # 86285 120 N. Keyser Avenue Scranton, PA 18504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC • Plaintiff : CIVIL DIVISION vs. : NO: 2013-2592 CIVIL TERM R C Fritz Carpentry Richard C fritz Defendant : CERTIFICATE OF SERVICE I,Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe to Withdraw in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Joe Murphy, Esquire 310 Grant Street Pittsburgh PA 15219 Edwin A. Abrahamsen&Associates, P.C. Date: January 29, 2014 By: Mi, ael F. Ratchford, Es• ire Attorney I.D.No.: 862: 120 N. Keyser Avenue Scranton,PA 18504 (570) 558-5510