HomeMy WebLinkAbout13-7589 20202157 C A Pit ABR
Supreme Court of Pennsylvania �v« =R0
Court -of Common.Pleas
Civil Cover Sheet ForProthawtan Use Only:
C UMBERLAND County- Docket No:
The information collected on this form is used solely for court administration pinpose.s. This form does not
supplement or replace the filing and service of pleadings or other papers cis required by lain or rules of court.
Commencement of Action:
S [I Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction Declaration of Takin
C Lead Plaintiff s Name: Lead Defendant's Name:
T MIDLAND FUNDING LLC TAMMY WILSON
I
0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N I (check one) ❑ outside arbitration limits
A Is this a Class Action Suit? ❑ Yes 13 No Is this an NMJ Appeal? 13 Yes 0 No
Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437
❑ Check here if you have no attorney (are a Self- Represented [Pro Se] 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
❑ Intentional ❑ Buyer Protection Administrative Agencies
❑ Malicious Prosecution X Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
S ❑ Premises Liability p Statutory Appeal: Other
E
E3 Product Liability (does not include [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander /Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
I ❑ Other:
O
N MASS TORT
❑ Asbestos
B ❑ Tobacco REAL PROPERTY MISCELLANEOUS
• Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration
• Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Toxic Waste ❑ Ground Rent ❑ Mandamus
❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Retraining Order
❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto
❑ Partition ❑ Replevin
PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical
❑ Other Professional:
Updated 1/1/2011
ILL
i ! ON10 TA ti y
""'EC 23 pK 3:03
CUMBERLAND CoLlUT
PENpjS YLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MIDLAND FUNDING LLC
Plaintiff No:
3.5 !vl
VS.
COMPLAINT IN CIVIL ACTION
TAMMY WILSON
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan,47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh PA 15219 -1827
(412) 434 -7955
FAX: 412- 338 -7130
20202157 C A Pit ABR
- 7s�a
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MIDLAND FUNDING LLC
Plaintiff
VS. Civil Action No
TAMMY WILSON
Defendant
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 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 ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249 -3166
i
S
CIVIL ACTION
1. Plaintiff, MIDLAND FUNDING LLC, is a business entity with offices located at 8875
Aero Drive, Suite 200, San Diego, CA 92123.
2. MCM� records show that the Defendant(s) TAMMY WILSON is/ are individual(s)
residing at 639 N EAST ST, CARLISLE, PA 17013.
3. As set forth in records maintained on behalf of Plaintiff, this action is based upon a
credit agreement entered into between Defendant(s) and the original credit grantor.
4. Plaintiff is the current owner of, and/or successor to, the obligation sued upon,
and was assigned all the rights, title and interest to Defendant1s WEBBANK account
XXXXXXXXXXXX4860 (hereinafter "the account "). Midland Credit Management, Inc.
(hereinafter "MCM ") services the account on behalf of Plaintiff.
5. MCM� records state that this action is based upon a credit agreement entered into
between defendant(s) and the original credit grantor. MCM� records further state that
defendant(s) used or authorized the use of the credit account but failed to make the payments
due pursuant to the agreement.
6. MCM§ records show that the defendant(s) owed a balance of $1752.64 as of
2013- 11 -04.
7. Attached hereto are records regarding the account and/or payment(s) received.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff
and against Defendant(s) in the amount of $1752.64, together with interest and costs of this
action.
By P �
Weltman, Weinberg Reis, Co., LPA
Attorney for Plaint
Page - 1
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8558168212 AFFINDEBTMEDIA 20202157
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Your account is past due. To keep your account in good standing,
,.FiNGERHUT. please mail $565.93 today.
Account Summary Payment Information
Previous Balance 1,717.01 New Balance 1,752.64
Payments & Credits 0.00 Minimum Payment Due 565.93
Purchases & Debits (1.W Mail Payrnwil By 0 % /1,3ill2
Fees Charged 0.00 Payment Due Date 03/20/12
Interest Charged....._ ............._............................_ _.............................. _....._ ......................................... 35.63 Late Payment Warning: If vip do not receive your minimum payment by
New Balance 1,752.M the date listed al:Kwe, you may have to pay a late fee of up to $30.00.
Crodit Limit 0.00 Minimum Payment Warning; II you make only the minimum payment
Available Credit 0.00 each period, you will pay more in interest and it will take you longer to pay off
Billing Date 02/24/12 your balance. For example:
Days in Cycle 31
If you make no additional You will pay off the And you will end up
Past Due Amount 478.30 charges using this card balance shown on this paying an estimated
Total Amount Due 565.93 and each month you pay: statement in about: total of.
Only the minimum 6 years 2,634
Interest Charge Calculation payment
Type of Annual Percentage Balance Subject Interest
Balance Rate (APR) to Interest Rate Charge
Nondoten 24.90% 1,717.01 35.63 If you would like information about credit counseling services call t- Bt6- 364.2h68
To avoid additional interest charges, pay the New Balance by the Payment Oue Date.
Date Order Number Description Amount
TOTAL FEES FOR THIS PERIOD 0.00
Interest Charged 02/24/12 Interest Charges 35.63
TOTAL INTEREST THIS PERIOD 35.63
TOTAL FEES YTD 2012 0.00
TOTAL INTEREST YTD 2012 70.53
Inquiries Regarding Your Fingerhut Cru-11 Account issued by MetaBank: I °fit k - 1
L- -.. - - . .
FINGERHUT
Or tear off and return with your payment by ma:. Make your check payable to Fingerhut.
A.ccouni NurnWr MAIL PAYMENT BY MINIMUM DUE New Balance Amount Enclosed
X>=- XXXX-XXXX-4060 -._....... ... .............................._
Customer Number 03113112 $565.93 EXHIBIT
OCK3731654
o8WNH,IFS 35745 Male yUr;r c`)erk oambie to Finwrhm and mail to:
00003131054 61$
(Kul NFASTST IIIrIIltrrilrr1116rIrIrIIlIInnJIJLrIIIIIrILIIIInrIIrll
CARLISLE PA 1701, -2003
PO Brix 166
IIrrIlllrrllllrrrlrllltllllllllllrlllllrrrrllrrlllrllllrrlllll Newark, NJ 07101 -0166
20202157
IIIIIIIrIIIrIIIIIIIIiIrIIIIrIIIIIrrIIIIIIIIIIIIIIrIIIIIIIIIIIIrIIIIrIIif
S0003731654': 4860022412005659300080006
i
IMPORTANT NOTICE If all of the criteria above are met and you are still dissatisfied with the purchase, ✓urtact us
Your payment will be credited to your account on the sane day we recava if if the bottom in writing at Fingerhul Gtedii Accani Services, P.O. Box 1250, $[. Cloud, M,
portion of Ms statement and your check are received by us or a proaus ng day by 5.00 pm While we investigate (na saute ruses apply to the disputed amount as diseased above,
n the enclosed envelope at our processing center. Patitlers rece'ved a;er5:00 pm will be After we finish our investigation we will test you our decision. At that point, H we think you
crecilsd on the next processing day. Please allow at laest sever T days for x a delivery, owe an amount arh: you da not pay we may report you as del rtquent.
Payments received at any other location in another fo•r? or +#Ih other documents may
not be credted the same day we receive the payment Our prccess1% says are Monday CREDIT BUREAU DISPUTES
through Sunday, excluding holidays for payments -vceked by hag, Payments received on H u believe we coca.
holdays cif be credited as of the previous processing day. Yuen you send us a check as a you reported Credit, history information about you or yourAccqunt
papent you authorize us to use information from yoacheckm make aone -time elect ronic to a credit reporting agency, call us at 1-988 - 734 -0342 or write to us at: Credit Bureau
fund trarsfer from your deposit account, or to process tna payment as a check tnareaction. Reporting Services 6250 Ridgetvaod Read, St. Cloud, MN 56303. Please prcri:de cute
Wert we use information from your check to make an eleolrow kind Minister, funds may Fingarhut Credit Accourt number along with a copy of your Credit bureau report rellec:ng
beothdrawniranyawdepositaccountassoonasthesamadaywe :recevepayment,and the mformatloi Ito you believe i sIraccurate:
you wit not tei your Cheek back from your flnandal In5'.itnion. €' your check is returned HOW WE CALCULATE INTEREST CHARGES
tG us dm to non - stiff dent funds We may also ra4spoall it trvoLgi a ore -ttme electrorlc to Cak:ulale theirten;sf chargo pay 'C each month, wC mettiply IhC auCdagC d }ly' bal�n;.e
fund transfer. You may also make a payment at aryOme on year F199 41V Account at
fingerhut.comlMyAccount a via an automated phone pa)nsnt at 1- 800.20e- 2500.Online tiros the nw dNy puriudic cal: and, if applicable, add any defoned inO nu t chance ises
and arrta as rd phone yzmymentsw ll be posted as rftnssame clay if madetp re ? 100 pm. ULI LRML P_HI' Your Amixit a SUblUd to a fniintwfn nterosl Ghdr�Je of 5'.00.
Average Daily Buance: We figure the interest charge of your Account by aoplyfng the
PAYMENTS monthly Periodic rate to the "average daily balance" of your Account, including Cur ert
transactions Td get the *average daily tetanus" we take the tmeginn rg Car
arce of your
Make checks payable to Fingerhut and mal lo: Account, each dzy, add any new purchases, charges and other fees, and subtract any
Fingemut Credit Account Services, F.G. Sox 165, Newalt, Nu 071D"166 payments or cred's. Purchases subject to Deferral Periods described below are exclueed
from our calculation of the 'average defy balance' until the day following the expiration of
Please write your Fingerhut account camber on your check Do not seal cor•espondence the Deferral Period This gives us the daily balance. Then, we add up all the day balarces
to this add em Mail your payment in the enclosed envelope vrith tie prymert coupon at for that billing cycle and divdethe total by the number of days in the lofting cycle. This g'vee
the botlont of your statement us the "average defy balance'.
WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT Interest charges beg',n to accrue on each purchase on the date of the purchase However, if
Oycu th,nk there Is an error on your statement, write us at: you paid the na,v balance on you previous Statement by the payment due date shaver on
the statement there Pill P you pay the new balance on your current billing statement by the
Figatiut Credit Account Services, P.O. Box 1250, St. Ckwd,141505 -1250, payment due date s'wwn, wa rpose no interest charges an purchases during the m ent
In your letter, give us the following information billing cycle, and ejf you rrtalte a payment by the paymerl due date shown on you Current
•Mccwd in/mrahbn: You name and Fingerhut Crro itAcceurt number. billing stetemam. that is less thart the new balance, we will credit that payment as of the ^rat
day in your current billing cycli in addition, if your Statement reflected a new balance and
• D tParAnaunt; The dollar amount of the suspected erar you did not pay that now balance in furl by the payment date on that previous staement,
• Description &Problem• It youthink there is an amorcn yourbl , describe what ynmu believe then we will not impose interest charges or any purchases during the current billing c
is wrong and why you believe it is a mistake- If you pay the balance shown on your current Statement by the payment due ctta refiected
You must Contact us within 60 days after the error appeared or your statement. You must on that current statement.
notify us of any potential errors in writing. You may ca us, Cut if yo do we are rot required DEFERRAL PERIODS
to irves@ga;e any potential errors and you may have to pay the amount it quee on.
Wile want investigate whether or rat Omen has been ail eror, the following are true: MetalBank may offer Acxan's promotional credit offers. These offers include, bid are no'
nterest cflers a reduced payments with deferred interest atfefs. Special
• We corn of try to collect the amount in question, a rzrcd ycu as deknquent limited to, deferred rules apply to these promotional credit offers, which are described at the time of the offer.
*The Charge in question may remain on your statement, and we may comrue to charge . The date, amount and descrioi of each purchase are identified on your peno3b
you intarest on that amount But, if we determine that we rmada a mistake, you will not statement for the period when you make the purchase.
have to pay the amount n question or any interest a otter fee` roc ated to that amount
• Each periodicskternert cottons a summary of all active deterred otters, including unpaid
• Alile you do not have to pay the amount in questcn, ycu are respoiralb for the principal brdances, arty acrrred merest charges rind the date which the princitaf balance
rumainder of yWr balance. (New Balance) of ea ch plan mutt he paid in full to avoid Merest charges in malarson
• 1W can apply any unpaid anrnnhl against your creel, limit. with your purctas'e
YOUR RIGHTS IF YOU ARE DISSATISflED WITH YOUR CREDIT PURCHASES • For offers YM.il do1wrod intere�l, it you pay tho deferred portion on or before the la t
day of Vic a i pii ablo de ferred period you pay no interest chargers in connccbon with
It you use your card to make a purchase and you are dissatlof&d :wth the goods or your purchase. Otherwise, we add a deferred interest Charge to your Accourd of the
services that you Modw, you Irmy have the right not tc pay, O e rarna n`ahg etttount due expiration date.
on the purdra:a • We figure s`oved interest charges each month by multiplying the average daily balance
To use this right,, al of the following must be true of each deferred Malice by the monthly periodic rate.
1. The purchase must have been made in your tmoTe State or ,44.1i 100 miles of your • We do cons'dsr al deferred purchases for purposes of determining your avai ode credit
curtest welling address, and the purchase price musl have beer rare tnan $50: (Note;
Neilherof Obese are necessary if your purchase was based or an advelisament we mailed QUESTIONS ABOUT YOUR STATEMENT
to you, or if we own the company that sold you the goods or services; E -mail us at curs orerserriceW" n
2. Ycu nil have used your card for the purchase. or call 1. 800. 206.2500 (Erglshl 1.830 556.3208 (En Espe d)
3. You must have not yet fully paid for the purchase. ®Fingerhut 5-06WC5 -000
IMPORTANT! Has your address, phone number, or e-mail address changed? If so, please fill in
any NEW information in the spaces below and we will update your account.
Account Prione
Name
Address
City State Zip
E Mail Address
Please provide your a -rrail Fddress for business transd(:tions.
20202157 (We will not send oromotional material without your permission.)
D Check here if you'd like to receive o -mails about Fingerhut special deals and events.
R
Verification
Sara Perich, being duly sworn (or affirmed) according to law deposes and says that
I am employed as a Legal Specialist for Midland Credit Management, Inc. ( "MCM "),
servicer of this account on behalf of plaintiff. I am a competent person over eighteen
years of age, and make these statements herein based upon personal knowledge of
those account records maintained on plaintiff§ behalf. I am authorized to make this verification
on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct.
The undersigned understands that the statements therein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
N- 01 2 7 2013
Date
Sara Pe
OH14 �
Weltman, Weinberg & Reis. Co., L.P.A
Page - 2
I�Illlllll��ll ®�� I�II�IIIIII�IIFINIDIgIIIIIMIIIQIII�a1101111111�1�11 2 020215 7 IIIII��
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy te``it J,t1;-1 t'1
t_i` �E*h s Richard W Stewart
Solicitor b,. y. 4Y;Li V �t't 11'i',
Midland Funding LLC.
vs. Case Number
Tammy Wilson 2013-7589
SHERIFF'S RETURN OF SERVICE
12/30/2013 02:59 PM - Deputy Shawn Harrison, being duly sworn according to law, e• the requ-sted Complaint
& Notice by"personally" handing a true copy to a person representing , - ,e -, to b: the Defendant,
to wit: Tammy Wilson at 639 N. East Street, Carlisle Borough, Carlisle, ' ' 751 .
r
,./A. .1
S AWN HA'RISON % -11
SHERIFF COST: $34.78 SO ANSWERS,
December 31, 2013 RON�R ANDERSON, SHERIFF
OF
2 s2
U"R A11
Et&S y'COUNry
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
mpykoshy@d0glaw.com Attorney for Defendant
MIDLAND FUNDING LLC : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 2013-7589
TAMMY WILSON Civil Action — Law
Defendant
NOTICE TO PLEAD
To: Midland Funding LLC
c/o William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
4367 th Ave., Sue. 1400
Pittsburgh, PA 15219-1827
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 Submitted,
Date:
Michael J. ykosh, Esquire
I.D. # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street, Camp Hill, PA 17011
(717) 975-9446
Attorney for Defendant
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
mpykosh dpal law.com Attorney for Defendant
MIDLAND FUNDING LLC : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 2013-7589
TAMMY WILSON Civil Action — Law
Defendant Civil Action — Law
DEFENDANT'S PRELIMINARY OBJECTIONS TO
PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Tammy Wilson, by and through her attorneys
Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files her
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 assigned to Midland Funding LLC by WebBank of
which Plaintiff claims to be the Original Creditor. Comp. ¶ 1 & 4.
2. The Complaint was filed on December 23, 2013.
First Preliminary Objection - Pa. R.C.P. 1028(a)(2)
Failure to Conform to Law or Rule of Court
3. Pa. R.C.P. 1028(a)(2) allows a party to preliminarily object to a pleading if the
pleading fails to conform to law or rule of court.
1
4. Plaintiffs Complaint fails to conform to Pennsylvania Rules of Civil Procedure.
5. Pursuant to Pa. R.C.P. 1019(1) Plaintiff has failed to attach a copy of the
complete writing, more specifically the Loan/Credit Agreement, or the material part
thereof, or, in the alternative, state, with the reason that the writing or copy thereof is not
accessible to the Plaintiff and the substance of the writing in violation of Pa. R.C.P.
1019(1). Remit Corporation v Miller. 5 Pa. D&C 5th 43.
Second Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)
Failure to Conform to Rule of Court
6. The Plaintiff is not the original creditor, but rather assignee of the original
creditor. Comp. 11 and 3. 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(1).
7. 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). Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v.
Clevenstine, 7 Pa. D&C 5th 153.
8. "Exhibits "A" through "C", which purports to be Bills of Sale, fails to identify
Defendant's account.
Third Preliminary Objection - Pa. R.C.P. 1028(a)(2)
Failure to Conform to Law or Rule of Court
9. 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.
10.Plaintiff's Complaint is based upon a contract.
2
11.Plaintiff asserts a cause of action based upon an account stated theory of
recovery.
12.An account stated theory of recovery is not applicable in credit card cases.
Capital One Bank (USA) NA v Cleverstine, 7 Pa. D&C 5t" (Ct. Com. PI. Centre County
2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24
(Luzerne County).
13.Plaintiff in pleading account stated cause of action is not permitted to escape
pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) v Xenofon
Skaboulos, No. 09-8676 (Cumberland County) and CitiBank (South Dakota), N.A. v
Ross, 2010-5668 (Cumb Cty, 2010) (Masland J).
Fourth Preliminary Objection- Pa. R.C.P. No. 1028(a)(3)
Insufficient Specificity in a Pleading
16.The Complaint contains only a general assertion of the amount the Plaintiff
claims is owed by the Defendant. It provided insufficient 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.
17.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.
18.By not including the requisite detail of the account, the Complaint fails to conform
to an express rule of Court.
Fifth Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)
Demurrer to Court
3
19.Plaintiff has failed to allege facts sufficient to maintain a cause of action for
Breach of Contract and Account Stated.
20.Plaintiff has failed to fulfill the pleading requirements for an account stated cause
of action.
Sixth Preliminary Objection- Pa. R.C.P. 1028(a)(5)
Plaintiff is stranger to Defendant
21.Pa. R.C.P. 2002(a) required that an action be brought by the real party in
interest.
22.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.
23.Plaintiff has not shown standing or capacity to sue Defendant.
24.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.
1� Respectfully Sub ' ted,
Date: �";L l —I ::�IAr
Michael J. P kosh, Esquire
I.D. # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street, Camp Hill, PA 17011
(717) 975-9446
Attorney for Defendant
4
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
mpykosh @dplglaw,com Attorney for Defendant
MIDLAND FUNDING LLC COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 2013-7589
TAMMY WILSON 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:
Midland Funding LLC
c/o William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
4367 th Ave., Sue. 1400
Pittsburgh, PA 15219-1827
Respectfully Submitted,
Date: Lf
Michael J. Pykosh, Esquire
I.D. # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street, Camp Hill, PA 17011
(717) 975-9446
Attorney for Defendant
5
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Matthew D. Urban
I.D. No. 90963
436 7th Ave Ste 1400
Pittsburgh, PA 15219
Phone: (412) 434 -7955
Fax: (412) 338 -7130
File # 20202157 MDU /SJS
Attorney for Plaintiff(s)
MIDLAND FUNDING LLC
vs.
TAMMY WILSON
Cumberland County
Court of Common Pleas
No.: 13 -7589 CIVIL
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice .
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Matthew D. Urban, Esquire
Attorney for Plaintiff
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