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HomeMy WebLinkAbout14-2926 ' .. -"COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT 6'_ COMMONPLEASNo. V/ NOTICE OF APPEAL NoUooisgiventhat|haeppa||onthmo0edindheabovaCourtofCommunP}emaonappea|homthajudgmentmndeve6bytheK4agin0erio|Dimthmt Judge onthe date and inthe case referenced below. NAME OF APPELLANT —TMAG.DIST.NO. NAME OF MDJ ADDRESS or^rpsu^wr m� —__') STATE ZIP CODE LIAO, DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appellant whs Claimant (see Pa, R.C.P.D,J. No. 1001(6) in action This Notice of Appeal, when received by the Magisterial District Judge,will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days afterfiling the NOTICE of APPEAL. Sonatuts of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TCxFILE (This section of form/obeused ONLY when appellant was DEFENDANT(see Pe.R.C.RD.1 No. 100/(7) iraction before Magisterial District Judge. /FNOT USED,detach from copy ofnotice o/appeal uobaserved upon appellee. PRAECIPE: To Prothonotary Enter rule upon Cy) uc�\rn 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. WA LAI,4,--�- Signature of appellant or attomey or agent RULE: To ) Name or appenee(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 ofthis rule upon you bypersonal service orbycertified orregistered mail. (2) |fyou dunot file acomplaint within this time,aJUDGMENT OFNON PROS MAYBE ENTERED AGAINST YOU. (3) The date cf serviceufthis rule if service was by maili the date ufthe mailing. ."COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript t Civil COUNTY OF CUMBERLAND p Case Mag. Dist. No: MDJ-09-3-04 Midland Funding LLC MDJ Name: Honorable Kathryn H. Silcox V. Address: 5275 East Trindle Road Leonard Charles Beish Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Leonard Charles Beish 1505 Louisa Ln Docket No: MJ-09304-CV-0000088-2014 Mechanicsburg, PA 17050 Case Filed: 3/7/2014 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000088-2014 Midland Funding LLC Leonard Charles Beish Default Judgment for Plaintiff 04/21/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Leonard Charles Beish $0.00 $5,070.74 $5,070.74 Midland Funding LLC $0.00 $0.00 $0.00 Judgment Finding _. 9. g ("Post Judgment) ._. .. .. _..... . In the matter of Midland Funding LLC vs. Leonard Charles Beish on MJ-09304-CV-0000088-2014, on 4/24/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,915.24 $4,915.24 Costs $0.00 $7.00 Filing Fees $0.00 $7.00 $148.50 $148.50 Grand Total: $5,070.74 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT 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. Date The Honorable Silcox certify that this is a true and correct copy o t e record of the proceedings containing the judgment. Date Magisterial District Judfje MDJS 315 Page 1 of 2 Printed:04/24/2014 11:35:13AM y Midland Funding LLC Docket No.: MJ-09304-CV-0000088-2014 c. V. .i Leonard Charles Beish Participant List Plaintiff(s) Midland Funding LLC. C/O Hayt Hayt& Landau LLC 123 S. Broad St. Suite 1660 Philadelphia, PA 19109 Defendant(s) Leonard Charles Beish ' 1505 Louisa Ln Mechanicsburg, PA 17050 Complainant's Attorney(s) Arthur Lashin, Esq. Law Offices of Hayt, Hayt& Landau, LLC 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109-1003 MDJS 315 Page 2 of 2 Printed: 04/24/2014 11:35:13AM 1 (9 THONG 1 rw, i1 2 11.1.4y27 11111 • CUMBERLAND PEE LVANI PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OFC 1()Q(\Q' ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a�Cl�l�� a copy of the Notice of Appeal, Common Pleas No.)14 upon the Magisterial,pistrict Judge designated therein on (date of servicer) 20\ LA , ❑ by personal service by (certified) (registered) mail, ory 610(\k sender's receipt attached hereto, and upon the appellee, (name), , on� ,�L�' _5Z3 201 y 0 by personal servic sender's receipt attached hereto. (SWORN) (AFFIRM AND SUBSCRIBED BEFORE ME THIS G DAY OF t 20 i \ Signature of official before whom affidavit was made ,A c 1To T' e o official ^^ My commission expires on\ 0-020 \ Co AOPC 312A- 05 by (certified) (registered) mail, Signature oYaffiant4141 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gretchen T. Giles, Notary Public Somerset Boro, Somerset County My Commission Expires Oct. 15, 2016 NENELA. 'INNS..., AN:A ASSOCIATION Of NOTARIES N c0 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees /r 11111111111 MOE MOM maim 2 Mk S-1- 0 L) c0 Lfl c0 1r L406-000-Z0-OE9L NSd (as'ane&) 900Z lsn6nv'008E uliod Sd U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage rt* Certified Fee 1111111111 Return Receipt Fee I fl (Endorsement Required) Restricted DeliveryFee _tEndorsemeen Required) .y '4 L406-000-50-OESL NSd (evened) 9002 lsn6nv'008E wand Sd •)Iafnbuf ue 6uftfew uauM 3f iuesaad pue idiaaaa sfq; apes :1NvlHOdWl LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 123 S. Broad Street Suite 1660 Philadelphia, PA 19109-1003 (215) 928-1400 OUR FILE NO. 492784 - I � _ � J • • i 4 f 1 � . F ROTI -0. r�, P ter" 2 i JUN 27 Pt 2• CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff MIDLAND FUNDING LLC P.O. BOX 939019 SAN DIEGO, CA 92123 vs. LEONARD BEISH 1505 LOUISA LN MECHANICSBURG PA 17050 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION TERM. No. 14 -2926 -CIVIL CIVIL ACTION "NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be en- tered against you by the court without further notice for any mon- ey claimed in the complaint or for any other claim or relief request- ed by the plaintiff. You may lose money or property or other rights important to you. 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA, 17013 800-990-9108 "AVISO "Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pdginas siguientes, usted tiene veinte (20) dias, de plazo al patir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomarfi medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademfis, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 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) LEONARD BEISH is/ are individual(s) residing at 1505 LOUISA LN, MECHANICSBURG, PA 170500000. 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 Defendant§ GE CAPITAL RETAIL BANK account XXX 4950 (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 $4915.24 as of 2014-05-29. WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of P tiff and against Defendant(s) in the amount of $4915.24, together with costs of this LAW OFFICES OF HAYT, HAYT & LANDA By Arthur Lashin, Esqui e #23425 Attorney for Plaintiff 1111111E111111118 5111161112 1111111 019165 1111 n 111 Page - 1 11111111111111lI11�II10111111 IU 11 111111 11111111111 IIIIIIIIIII011111 AFFINDEBT 492784001 STATEMENT OF ACCOUNT MIDLAND FUNDING, LLC Assignee of: GE CAPITAL RETAIL BANK Name: BEISH/LEONARD/ Address: 1505 LOUISA LN MECHANICSBURG PA 17050 Original Lender Acct. No.: 6032207061164950 Principal Amount: $4,915.24 Interest: $.00 Total Balance: $4,915.24 HHL#: 492784 EXHIBIT A Verification Taylor Madison, 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's 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. JUN 13 2014 Date PA 10 Hayt, Hayt & Landau; LLC 111 11111111111 111111111111111111101111 8560191625 Page - 2 111!!1L111 ID 1111111492784001111111111110 1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE. f 2511111 H kti 10: 2 CUA iBERL,AND CO NT'' PENNSYLVANIA Midland Funding, LLC vs. Leonard Beish Case Number 2014-2926 SHERIFF'S RETURN OF SERVICE 06/30/2014 05:42 PM - Deputy Dawn KeII, 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: Leonard Beish at 1505 Louisa Lane, Hampden Township, Mechanicsburg, PA 17050. DAWN KELL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, July 01, 2014 (c) CcuntySuite Sheriff, Te)eoso(t, Inc. RON�R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant CIVIL ACTION -LAW NO: 14 -2926 -Civil PRAECIPE TO ENTER APPEARANCE Filed on Behalf of Defendant: LEONARD BEISH Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. # 313960 HAROLD SHEPLEY & ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant • • • • CIVIL ACTION -LAW NO: 14 -2926 -Civil PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of ROBERT D. KLINGENSMITH, ESQUIRE and the law firm of HAROLD SHEPLEY & ASSOCIATES, LLC, on behalf of the Defendant, LEONARD BEISH, in the above captioned matter. W. 7/=c( Date Robert D. Klingensmith, Esquire Attorney for the Defendant Harold Shepley and Associates, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant • • • • • CIVIL ACTION -LAW NO: 14 -2926 -Civil Order of Court On this day of , , upon consideration of defendant(s)' preliminary objections, it is hereby ORDERED that plaintiff(s)' complaint is stricken. Plaintiff(s) is (are) granted days leave to file an amended complaint. If the plaintiff(s) fail(s) to file an amended complaint within days of the date of this order, upon praecipe of defendant(s), the Prothonotary, shall dismiss the case with prejudice. BY THE COURT J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant CIVIL ACTION -LAW NO: 14 -2926 -Civil PRELIMINARY OBJECTIONS c nr rri -C > cp Filed on Behalf of Defendant: y LEONARD BEISH =c' -4 Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. # 313960 31: HAROLD SHEPLEY & ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@ shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. NO: 14 -2926 -Civil LEONARD BEISH Defendant CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Preliminary Objections and Brief in Support of Preliminary Objections by U.S. Mail, postage prepaid, at 123 S. Broad Street, Suite 1660, Philadelphia, PA 19109 on Arthur Lashin, Esquire of Hayt, Hayt & Landau, LLC the Attorney for the Plaintiff, Midland Funding, LLC on July 17, 2014. I declare under penalty of perjury that this information is true. Date: July 17, 2014 Server's Signature Jennifer Kennell — Legal Assistant Printed Name and Title Harold Shepley & Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. NO: 14 -2926 -Civil LEONARD BEISH Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028 AND NOW, comes the Defendant, Leonard Beish, by and through his attorney, Robert D. Klingensmith, Esquire of Harold Shepley & Associates, LLC, and files the following Preliminary Objections to Plaintiff's Complaint: 1. Plaintiff filed a Complaint in Civil Action against Defendant demanding damages in the amount of $4,915.24. 2. Plaintiff's Complaint fails to conform to law or rule of court under Pa. R.C.P. 1028(a)(2). 3. Plaintiff's Complaint contains insufficient specificity in its pleading under Pa.R.C.P. 1028(a)(3). Objection I Pa.R.C.P. 1028(a)(2) 4. The Plaintiff alleges to have purchased the alleged account from GE Capital Bank. 5. The bill of sale attached to the Complaint does not show that this individual alleged account was in fact purchased by the Plaintff. 6. When the Plaintiff is not the original credit holder, they must show they have proper standing to bring the lawsuit. This can be accomplished by a bill of sale or proof of assignment showing the individual account in question. 7. The problem here is the bill of sale makes no mention whatsoever to the alleged account. 8. The only thing attached to the Complaint is a statement of history which was produced by the Plaintiff's own records which show they purchased the account. However, these screen print outs from the Plaintiff's records are not satisfactory to show chain of title. 9. Therefore, Plaintiff's Complaint fails to conform to law or rule of court under Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. Objection II Pa.R.C.P. 1028(a)(3) 10. Pa.R.C.P. 1019 (a) requires that the material facts on which a cause of action or defense is based shall be stated in a concise and summary form. 11. Pa. R.C.P. 1019(0 requires that averments of time, place and items of special damages shall be specifically stated. 12. Plaintiff in this matter claims that the Defendant opened and used a credit account issued by Plaintiff. 13. Plaintiff has not attached a single statement to its Complaint. 14. The Complaint has failed to plead the various transactions and purchases which resulted in the alleged debt due. 15. Pursuant to Pa.R.C.P. 1019(f) Plaintiff has failed to provide information of the time and places any items were allegedly bought on the credit card. 16. By failing to include documentation of what items were purchased, when those items were bought and the amount of each purchase, Defendant is unable to ascertain the validity of the amount owed on the account. 17. Plaintiff has also failed to provide documentation of any cash advances made by Plaintiff. 18. Plaintiff has failed to provide a concise summary of the payments made by the Defendant on the alleged account including the date of last payment for the alleged account. 19. If Plaintiff is relying on an account stated theory, they need to prove some semblance of a billing history by Plaintiff and a payment history from Defendant. 20. Furthermore, Plaintiff basis its claim on an alleged agreement. 21. Plaintiff has failed to specify whether the agreement is oral or written as required under Pa.R.C.P 1019(h) 22. Furthermore, if the contents of the pleading are based on a writing, which it appears Plaintiff is alleging that it does, then Plaintiff has failed to attach a copy of the original account agreement and all amendments to any such agreement, or provide a reason why the original agreement is and all amendments to said agreement are not accessible and set forth the substances of the writings (Pa.R.C.P. 1019(i). 23. This lack of a writing is not sufficient under Pa.R.C.P. 1019(i). 24. As a result, Plaintiff's Complaint contains insufficient specificity as required under Pa. R.C.P 1028(3). WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. Respectfully submitted, Robert D. Klingensmith, Esquire PA I.D.# 313960 Harold Shepley & Associates, LLC 209 West Patriot Street Somerset, PA 15501 Attorney for Defendant lAv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant CIVIL ACTION -LAW NO: 14 -2926 -Civil c) PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Preliminary Objections 2. Counsel who will argue the cases: Arthur Lashin, Esquire Attorney for Plaintiff 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109 (215) 928-1400 Dated: 8-5-14 Robert Klingensmith Attorney for Defendant 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 26, 2014 BY: Robert Klingensmith, Esquire Attorney for Defendant 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 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 ADMINISTATOR (not the Prothonotary) after the case is relisted. avA e_Lu (s.>13 '94 ga9s7s l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. NO: 14 -2926 -Civil LEONARD BEISH Defendant CERTIFICATE OF SERVICE I served this Praecipe for Listing Case for Argument by U.S. Mail, postage prepaid, at 123 S. Broad Street, Suite 1660, Philadelphia, PA 19109 on Arthur Lashin, Esquire of Hayt, Hayt & Landau, LLC the Attorney for the Plaintiff, Midland Funding, LLC on August 5, 2014. I declare under penalty of perjury that this information is true. Date: August 5, 2014 )4\ Server's Signature Gretchen Giles — Legal Assistant Printed Name and Title Harold Shepley & Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. LEONARD BEISH Defendant NO: 14 -2926 -Civil CERTIFICATE OF SERVICE crri) -0 I served this Argument Notice by U.S. Mail, postage prepaid, at 123 S. Broad Street, Suite 1660, Philadelphia, PA 19109 on Arthur Lashin, Esquire of Hayt, Hayt & Landau, LLC the Attorney for the Plaintiff, Midland Funding, LLC on September 11, 2014. I declare under penalty of perjury that this information is true. Date: September 11, 2014 L9 LLL Server's Signature Gretchen Giles - Legal Assistant Printed Name and Title Harold Shepley & Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address MIDLAND FUNDING, LLC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 14-2926 CIVIL LEONARD BEISH, Defendant IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT BEFORE HESS, P.J. AND PLACEY, J. ORDER AND NOW, this Z.V day of September, 2014, the preliminary objections of the defendant are SUSTAINED. Plaintiff is given thirty (30) days within which to file an amended complaint. /Arthur Lashin, Esquire 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109 For the Plaintiff /Robert D. Klingensmith, Esquire 209 West Patriot Street Somerset, PA 15501 For the Defendant :rlm BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant CIVIL ACTION -LAW NO: 14 -2926 -Civil DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE FOR FAILURETO FILE AN AMENDED COMPLAINT AND NOW COMES the Defendant, Leonard Beish, by and through his attorney, Robert D. Klingensmith, Esquire, and makes this Defendant's Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to File an Amended Complaint: 1. On September 26, 2014, the Court issued an Order sustaining Defendant's Preliminary Objection, and granting Plaintiff thirty (30) days to Amend its Complaint, see Defendant's Exhibit "A." 2. As of October 28, 2014, Plaintiff has failed to file an Amended Complaint in the above captioned complaint as directed by the Court. 3. Defendant requests that Plaintiff's complaint be dismissed with prejudice for Plaintiff's failure to file an amended complaint. WHEREFORE, Defendant respectfully requests that this Honorable Court grant the Defendant's Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to File an Amended Complaint. Respectfully submitted, 4;A,-) Robert D. Klingensmith, Esquire Attorney for the Defendant Harold Shepley and Associates, LLC 209 West Patriot Street' Somerset, PA 15501 (814) 444-0500 (814) 444-0600 (fax) rklingensmith@shepleylaw.com MIDLAND FUNDING, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW vs. : NO. 14-2926 CIVIL LEONARD BEISH, Defendant IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT BEFORE HESS, P.J. AND PLACEY, J. ORDER AND NOW, this at.' day of September, 2014, the preliminary objections of the defendant are SUSTAINED. Plaintiff is given thirty (30) days within which to file an amended complaint. Arthur Lashin, Esquire 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109 For the Plaintiff Robert D. Klingensmith, Esquire 209 West Patriot Street Somerset, PA 15501 For the Defendant :rim BY THE COURT, EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. NO: 14 -2926 -Civil LEONARD BEISH Defendant CERTIFICATE OF SERVICE I served this Motion to Dismiss by U.S. Mail, postage prepaid, at 123 S. Broad Street, Suite 1660, Philadelphia, PA 19109 on Arthur Lashin, Esquire of Hayt, Hayt & Landau, LLC the Attorney for the Plaintiff, Midland Funding, LLC on October 28, 2014. I declare under penalty of perjury that this information is true. Date: October 28, 2014 ,t())b'eM }(J2) Server's Signature Gretchen Giles — Legal Assistant Printed Name and Title Harold Shepley & Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant CIVIL ACTION -LAW C'3 c NO: 14 -2926 -Civil m �rN f/11�y <C3 >c-> o Order of Court r-, y CD y -I On this � • day of ,&)di •ler , 2014, upon consideration of Defendant(s)' Motion to Dismiss, it is hereby ORDERED AND DECREED that Defendant(s)' Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to File an Amended Complaint is GRANTED. The Court hereby directs that the above captioned case is dismissed with prejudice and the Prothonotary shall mark the case as such. fr&111.4., 141... F?43( A.Lsi) 1//c//y BY THE COURT AL J.