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COMMONWEALTH OF PENNSYLVANIA COURT 6F COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. '�• V�' �(/f 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ CAPITAL ONE BANK(USA), N.A. 09-1-03 HONORABLE RICHARD S. DOUGHERTY ADDRESS OF APPELLANT CITY STATE ZIP CODE 4851 COX RD GLEN ALLEN VA 23060 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 06/04/14 CAPITAL ONE BANK(USA), N.A. Vs DAVID S. GAR5Y DOCKET No. SIGNATURE OF /LiWTORA OR ORA NT CV-021-14 T This block will be signed ONLY when this notation is required under Pa. If appella wa Claimant (see Pa. R. P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A OMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE 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.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or 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 OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of th�stl, ,� vlipt�vt mail is the date of the mailing. Date: 20 f+ q j kv Signature of Prothonotary or Deputy alV1yo 0� k YOU MUST INCLUDE A COP1fiPJFA V �Id.E-.,gOT JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. V ``j q,Vuo3,so Pd AOPC 312-05 C JF)gp 2*3o 7 Vf 01 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-03 Capital One Bank (USA), N. A. MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 David S Garry Enola, PA 17025 Telephone: 717-728-2805 Capital One Bank(USA), N. A. Docket No: MJ-09103-CV-0000021-2014 4851 Cox Rd Case Filed: 2/26/2014 Glen Allen, VA 23060 Disposition Details Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000021-2014 Capital One Bank(USA), N.A. David S Garry Judgment for Defendant 06/04/2014 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 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. JUN 0 4 MAT f V - ��al lli �i Date Magisterial District Judge Richard S.Dougherty a,u, certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:06/05/2014 9:07:21AM A Y Capital One Bank (USA), N. A. Docket No.: MJ-09103-CV-0000021-2014 V. David S Garry Participant List Plaintiff(s) Capital One Bank(USA), N.A. 4851 Cox Rd Glen Allen,VA 23060 Defendant(s) David S Garry 808 Erford Road Camp Hill, PA 17011 Complainant's Attorney(s) Attorney Michael F. Ratchford, Esq. Edwin A.Abrahamsen&Associates, PC 120 North Keyser Ave Scranton, PA 18504 MDJS 315 Page 2 of 2 Printed:06/05/2014 9:07:21AM Supreme Court d; Pennsylvania Co t_,t) ,COIIIIIIO�p`P1ea5 For Prothonotary Use Only: CI'?lCBVCI` � Docket No; CUNiBIsHLRND ` County p 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 lain or rules of court. Commencement of Action: S Complaint Writ of Summons El Petition Transfer from Another Jurisdiction n Declaration of Taking '1 Lead Plaintiff's Name: Lead Defendant's Name: CAPITAL ONE BANK(USA), N.A. DAVID S. GARRY T Dollar Amount Requested: Swithin arbitration limits Are money damages requested? M Yes ® No (check one) Eloutside arbitration limits a Is this a Class Action Suit? n Yes ED No Is this an MDJAppeal? El Yes ® No A Name of Plaintiff/Appellant's Attorney: MICHAEL F. RATCHFORD, ESQUIRE 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 D Intentional n Buyer Plaintiff Administrative Agencies n Malicious Prosecution ® Debt Collection:Credit Card Board of Assessment Motor Vehicle ® Debt Collection:Other [3 Board of Elections ®Nuisance 13 Dept.of Transportation Premises Liability [3 Statutory Appeal:Other S Product Liability(does not include mass tort) ® Employment Dispute: Slander/Libel/Defamation Discrimination C Other: Employment Dispute:Other [3 Zoning Board j T El Other: MDJ APPEAL { ' Other: MASS TORT ® Asbestos N ® Tobacco n Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste B Other: Ejectment Common Law/Statutory Arbitration ® Eminent Domain/Condemnation Declaratory Judgment Ground Rent ® Mandamus ® Landlord/Tenant Dispute n Non-Domestic Relations n Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto 0 Dental Partition El Replevin ® Legal 0 Quiet Title ®Other: 0 Medical Other: Other Professional: 3 Updated 1/1/2011 y IN THE COURT OF COMMON PLEAS OF 4 CUMBERLAND COUNTY PENNSYLVANIA ' E c, (1r j,;' ,x,0_ CAPITAL ONE BANK(USA),N.A. � � CIVIL ACTION N 30 '7 4851 COX ROAD �lt,BE; � F ,�� CCS GLEN ALLEN, VA 23060 FEN S YLVAtjlA Plaintiff VS. NO: , q' Yo? DAVID S GARRY 808 ERFORD RD CAMP HILL PA 17011-1127 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 NA13405 x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CAPITAL ONE BANK(USA),N.A. CIVIL ACTION 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff VS. NO: DAVID S GARRY 808 ERFORD RD CAMP HILL PA 17011-1127 Defendant COMPLAINT Plaintiff, CAPITAL ONE BANK(USA),N.A., by and through its attorneys, Edwin A. Abrahamsen&Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK(USA),N.A., (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4851 COX ROAD GLEN ALLEN, VA 23060. 2. The Defendant DAVID S GARRY(hereinafter "Defendant") is an adult individual residing at 808 ERFORD RD CAMP HILL PA 17011-1127. 3. Defendant applied for and received a credit card issued by CAPITAL ONE BANK (USA),N.A. with the account number ending in 8257. 4. Use of the CAPITAL ONE BANK(USA),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. 5. Defendant used the CAPITAL ONE BANK(USA),N.A. credit card account number ending in 8257, for purchases, cash advances and/or balance transfers. 6. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 7. The Defendant last made payment on January 16, 2013. 8. The total amount due and owing the Plaintiff is $3,336.95. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of$3,336.95 plus costs of suit and any other relief as the Court deems just and appropriate. pect lly bm•tted, Mic ael F. Ratchfor , Esquire Attorney I.D. Nos. 86285 120 N. Keyser Av Scranton, PA 1804 mratchford@eaa-law.com Phone: 800-503-1665 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE BANK(USA),N.A., 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. Michael F. Ratchford, E uire HOUSEHOLD BANK PLATINUM MASTERCARD DAVID S GARRY ' Household Bank Platinur count Account Number 8257 Pape 1 of 2 From May 3 2013 to June 3 2013 tf................................. .............:...:. :::.:::::::::..::::.::.:::::::. Previous Balance.. .. _. ... .... ... ,:,.,:: $3,254.411 New Balance $3,296.10 Payments $0.00 Minimum Payment Due $463.00 Other Credits - $0.00 Payment Due Date June 28,2013 Purchases/Debits + $0.00 Balance Transfers + $0.00 Late Payment Warning:If we do not receive your minimum payment by the Cash Advances + $0.00 date listed above,you may have to pay a late fee of up to$35,00 and your APRs Past Due Amount $388.00 may be increased to the Penalty APR of 29.40%. Fees Charged + $0.00 Interest Charged + $41.69 New Balance $3,296.10 Minimum Payment Warning:If you make only the minimum payment each Credit Limit $3,000.00 Period,you will pay more in interest and it will take you longer to pay off your Credit Available $0.00 balance.For example: Statement Closing Date June 3,2013 Days in Billing Cycle 31 If you make no additional You will payoff the And you will end up paying charges using this card balance shown on an estimated total of... and each month you this statement in pay... about,.. Only the minimum 18 Years $6,366 Payment $114 3Years $4,113 (Savings=$2,253) If you would like information about credit counseling services call 1-866-569-2227. Questions? Payment Address:HSBC Card Services,PO Box 71104,Charlotte,NC 24-Hour Customer Service 1-800-462-2016 28272-1104 Lost or Stolen Card 1-800-395-4500 Billing Inquiries:HSBC Card Services,PO Box 81622,Salinas,CA Outside USA Collect 1-757-523-3880 93912-1622 TDD/Hearing impaired 1-800-395-9020 Manage Your account online atwww.householdbank.com ... ..... ............................................................................................................................................................:::..::::::::::::::::.:,.:, The HEXAGON DESIGNS(AND VARIATIONS),HSBC®,THE WORLD'S LOCAL BANKS,HOUSEHOLDS(AND DESIGN)and HOUSEHOLD BANK® are registered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission.Capital One Is the issuer of this account. IMPORTANT PAYMENT INFORMATION:As you may know,your account is now issued by Capital Ones.There are Important changes to your payment cut-off time and your payment due date to keep in mind.Beginning May 15,2013,payments made online or by phone by 5:00 p.m.ET, Monday through Saturday,will be credited to your account as of that day.Payments received after 5:00 p.m.ET or anytime on Sunday, Thanksgiving,Christmas,or New Year's Day may not be credited on the same day.However,H your payment due date falls on a Sunday or one of those holidays,then payments made that day will still be considered on time.Please note that there is no change to the payment cutoff time for payments made by mall. As a reminder,you may pay your credit card bill online or through our automated phone system for no fee. .. ..::::.:.......::....................:........:. ...:....................... %1-'.-'.1—.-.-..-- .. .: .:.:: .T Wilms.. ............ ......:...................:: ............................................................................................::.. ..::::.::.:.::::::............:..........::.::::::.:::::..::::.::..::::.:.:..:.:..:............... ....:..:::::.. Trans Date Post Date Description of Fees Reference Number Amount Total Fees For This Period $0.00 . .:.:.:........... ...............................................................................................................:........ ......................................................................................................................::...: ........... .....:.:::..:.: Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES $0.00 INTEREST CHARGE ON PURCHASES $41.59 INTEREST CHARGE ON BALANCE $0.00 TRANSFERS Total interest For This Period $41.69 Duch and return bottom portion vnth your payment. D90750 4 E 03 0000000103 STMT08 D 7 8999 HDP1 See reverse side for important Information ------------------------------------------------------------------------------------------------------------------------------------------ Account Number: 8257 New Balance $3,296.10 Minimum Payment Due $463.00 Payment Due Date 06/28/2013 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 090 AMOUNT ENCLOSED #BWNHYTS #106134548259# HSBC CARD SERVICES DAVID S GARRY PO BOX 71104 808 ERFORD RD CHARLOTTE NO 282721104 CAMP HILL PA 17011-1127 hlllltulrn)i(PIIPtlliuurlihdlt)(Itlrrudlrlint)ildt 8257000907 HOUSEHOLD BANK PLATINUM MASTERCARD DAVID S GARRY Household Bank Platinur '" -- .count Account Number 8257 Page 2 of 2 From May 3 2013 to June 3 2013 Total fees charged In 2013 $105.00. Total interest charged in 2013 $186.81 fd'CeS3ar"¢CailCt'.7to7#`« « ;[''>i'<; z ::'_"i'>ccci` %%'%% zz>)[;':izii�' '%' >`iit£i> !> ;:>%:I !> [''• >z>>[[;':['• #'>`:>?>#< <i'I # I <[[ Your Annual Percentage Rate APR is the annual interest rate an your account. ...............................................................,.......... ......:.. 9 (APR) Y .,,.. .....................................:::.:::........................ :::::::::::::.:::::::.:::::::::::::::::::. Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge PURCHASES 00001 14.99% $3.274.52 $41.69 CASH ADVANCES 80001 20.90% $0.00 $0.00 BALANCE TRANSFER 14.99% $0.00 $0.00 71111 v=Variable Rate i. >>'>` s'[[ ?<>">'«'< >i>''fi>`<' >' i':[i z>;<; >.......... €€ `<':>>'E>`E> es+s.... Secure Registration at:householdbank.comlre ister.Enroll in paperless statements tracks hdi our bill and update personal information online with eg 9 PaP Pe rKJ,PaYY P Account Access. 090750 4 E 03 0000000103 STMT08 D 7 8999 HDP1 What To Do if You Think You Find a Mistake on Your Statement: If you think there is an error on your statement,write to us on a separate sheet of paper or use the attached Notification of Disputed Item form,at the billing inquiries address on the front of this billing statement. In your letter,give us the following information: Accountinformation:Your name and account number. Dollar amount.,The dollar amount of the suspected error. Description of Problem:If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of airy potential errors In writing.You may call us or notify us electronically,but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.We will notify you In writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an erns,the following are true: We cannot try to collect the amount in question,or report you as delinquent on that amount. The charge in question 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. While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation,you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter,we will send you a written notice explaining either that we corrected the error(to appear on your next statement)or the reasons we believe the bill is correct. Your Rights if You Are Dissatisfied With Your Credit Card Purchases: If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the purchase. To use[his right,the following must be true: 1.You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not quality;and 2.You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at the billing inquiries address on the front of this billing statement. While we investigate,the same rules apply to the disputed amount as discussed above.Afterwe finish our investigation,we will loll you our decision.At[hat point,if we think you owe an amount and you do not pay we may report you as delinquent. Paying Interest:Your Account has a grace period on purchases.Periodic Interest Charges begin accruing on purchases,balance transfers,cash advances,and credit card checks on the date of the transaction and continue to accrue until your balance is paid in fill.However,no Interest will be charged on new purchases for any billing cycle when: you paid your entire New Balance in the previous month on time;and you pay your entire current month's balance on time as well. How Interest Charges Are Calculated:To determine your periodic Interest Charges on each billing statement,we: determine the Average Daily Balance for each type of transaction;(for example,purchases,balance transfers,and cash advances);then multiply this number by the applicable Daily Periodic Rate;then mutiply this number by the total number of days in the billing cycle. We use the applicable Daily Periodic Rate in effect on the billing statement dosing date.You can determine your Daily Periodic Rate by dividing the APR by 365. How Daily Balance Is Determined:We take the beginning balance for each type of transaction that day;then add the following:any new transactions;any previous day's periodic Interest Charges;arty Finance Charges;any fees and charges,including any credit insurance premiums or debt cancelation fees,if these apply.We then subtract any payments andror credits. We also make any needed adjustments.For example: If a transaction posts after,but occurs before the start of a billing cycle,we may adjust the amount above to include this transaction.It will be included as of the first day of the billing cycle in which it posts. If your Account is subject to a grace period during the billing cycle,your payments will be subtracted from all Daily Balances in the current billing cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle,we will make this adjustment: the applicable Daily Balance(s)and any related Interest Charge calculations will be adjusted to include the transaction amount as of the date of the original payment or transaction. To calculate your Average Daily Balance,we add the Daly Balances for each day of the billing cycle;then divide this total by the number of days in the billing cycle. Annual Percentage Rate:H your Account has any variable rales,those APR(s)may vary with each monthly billing cycle.Each variable APR will be equal to a specified amount('Spread')plus the U.S.'Prime Rate'as shown in the Money Rales table of The Wall Street Journal that is in effect on the last day of the month.Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month. About the Penalty APR:If you do not make your Minimum Payment Due by the Payment Due Date,we may increase yourAPRs to the Penalty APR. If this occurs: we will provide advance notice before the Penalty APR goes into effect. once the Penalty APR goes into effect,if you make your Minimum Payment Due by the Payment Due Date for the next six consecutive billing cycles,your rales will return to the non-Penalty APRs that apply to your Account. if you do not make the next six consecutive minimum payments by the Payment Due Date,we may keep the Penalty APR on your Account indefinitely. Card Renewal Annual Fee:You may avoid paying the renewal Annual Fee(if applicable)on your Account,if you close your Account by writing to us at the'Billing Inquiries' address shown on the front of this billing statement and pay the balance in full within 30 days from the Statement Closing Date,on which you were charged the renewal Annual Fee.If yourAnnual Fee is charged periodically(.e.monthly),you may avoid paying the most recent periodic fee by following the above instructions. When and How to Pay.You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Dale.You may pay more than the Minimum Payment Due,or the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement.Payments must be made by a single check or money order payable in U.S.dollars and drawn on a U.S.Institution.Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement.Payments received on any day at the payment address shown on the front by 5:00 p.m.,in that payment address time zone,will be cradled to your Account as of the date of receipt.Payments submitted by phone or online by 5:00 p.m.Pacific Time will be credited to your Account as of the dale of receipt.All payments received after 5:00 p.m.of the time zone indicated will be credited the next day.Crediting payments to your Account may be delayed up to five days if the payment is not made as described above,or,is not mailed to and received at the address provided for remittance;is not accompanied by the payment coupon;is received in an envelope other than the envelope provided for remittance;is stapled,folded,or paper dipped;or indudes mdtiple payment coupons or checks.Requests for credit balance refunds should be mailed to the'Billing Inquiries'address shown on the front of your billing statement. By sending us a check for payment on your Account,you authorize us to make a one time electronic funds transfer(EFT)from your bank account or to process the payment as a check transaction.When we use information from your check to make an EFT,funds may be withdrawn from your account as soon as the same day we receive your payment,and your check will be destroyed. Payment by Phone:When you use our optional payment by phone service,you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction.You must authorize the amount and timing of each payment.Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired,call Telecommunications Devices for the Deaf(TDD/TTY)at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting:We may report information about your Account to credit bureaus.Late payments,missed payments,or other defaults on your Account maybe reflected in your credit report.If you believe we have reported inaccurate information about your Account to any consumer reporting agency,you should notify us and ask us to correct the inaccurate information by writing to us at Capital One,PO Box 30253,Salt Lake City,UT 84130.0235. Debt Collection:We are required by law,if applicable,to notify you that we are attempting to collect a debt,and any information obtained will be used for that purpose. Rewards:If applicable,please refer to[he Rewards Program Rues for information. ©2012 Capital One.Capital One is a federally registered service mark.M rights reserved. 22CAP720295 HOUSEHOLD BANK PLATINUM MASTERCARD DAVID S GARRY Household Bank Platinurr ;count Account Number` «-8257 Page 1 of 2 From June 3 2013 to Jul 3 2013 ::.:<.. Previous Balance $3,296.10 New Balance $3,336.95 Payments $0.00 Minimum Payment Due $538.00 Other Credits $D.DD Payment Due Date Jul 28,2013 Purchases/Debits + $0.00 Balance Transfers + $0.00 tate Payment Warning:If we do not receive your minimum payment by the Cash Advances + $0.00 date listed above,you may have to pay a late fee of up to S35,00 and your APRs Past Due Amount $463.00 may be increased to the Penalty APR of 29.40%. Fees Charged + $0.00 Interest Charged + $40.85 New Balance $3,336,95 Minimum Payment Warning:If you make only the minimum payment each Credit Limit $3,000.00 period,you will pay more in interest and it will take you longer to pay off your balance.For example: Credit Available $0.00 Statement Closing Date July 3,2013 Days in Billing Cycle 30 If you make no additional You will pay off the And you will end up paying charges using this card balance shown on an estimated total of... and each month you this statement in pay... about... Only the minimum 17 Years $6,364 Payment $116 3 Years $4,164 (Savings=$2,200) If you would like information about credit counseling services call 1-866-569-2227. Questions? Payment Address:HSBC Card Services,PO Box 71104,Charlotte,NC 24-Hour Customer Service 1-800-452-2016 28272-1104 Lost or Stolen Card 1-800-395-4500 Billing Inquiries:HSBC Card Services,PO Box 81622,Salinas,CA Outside USA Collect 1-757-523-3880 93912-1622 TDD/Hearing Impaired 1-800-395-9020 Manage Your account online atwww.householdbank.com :l1oMati.l}1f61'inalo.}R ......... ......... ...... ... ................:......................._...................................................................:............................................................................................................................................................... The HEXAGON DESIGN®(AND VARIATIONS),HSBC®,THE WORLD'S LOCAL BANK®,HOUSEHOLD®(AND DESIGN)and HOUSEHOLD BANK® are registered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission.Capital One Is the issuer of this account. As a reminder,you may pay your credit card bill online or through our automated phone system for no fee. <33 itS2[G[�'"'"�iii` ............... < < > ? `? ? i ? __'7_ 'si s <'s............ <:: > <: '::': >:>'ss> >:: :::::s'.. ...... ??< :::..::::::::.::::: ::: ..........::......::........................:.:.....:.:................:..::::.::.:..:.......... .....:...:...::.::...::..:...:::.:..:.........:::::::::..........:::::::.........:::::::::.....::::::: Trans Date Post Date Description of Fees Reference Number Amount Total Fees For This Period $0.00 i'r18F05tE1F3' 911 <iS<<;:'sE`E'['>iE<?i?riE<Si<'tE'_';!;»>< >'E?i?iiii>i>[><>?'E� ..:,,<ii'>`:i>ii>ii>[<s`'i'i?ii'E]E?E?i<i? �§::::::.::.:::: .:.::;;.....::::.;;;;:;.:::................:: .:;;;;;:;;:;;:;;:.........; ......................... Description of Interest Char:e............................................................................................................................. Amount Pt 9 INTEREST CHARGE ON CASH ADVANCES $0.00 INTEREST CHARGE ON PURCHASES $40.85 INTEREST CHARGE ON BALANCE $0.00 TRANSFERS Total Interest For This Period $40.85 ................ .................................................................................... ..................................................................................... 2Elf3:fotals:Ysax:Y <i Total fees charged in 2013 $105.00 Total interest charged in 2013 $227.66 Demch and return bottom portion with your payment. 090750 5 E 03 0000000103 STs1T08 D 7 13679 HDPt see reverse side for Important Information ------------------------------------------------------------------------------------------------------------------------------------- Account Number: ___ 5257 New Balance $3,336.95 Minimum Payment Due $538.00 Payment Due Date 07128/2013 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 090 AMOUNT ENCLOSED #BWNHYTS - #106134548259# HSBC CARD SERVICES DAVID S GARRY PO BOX 71104 808 ERFORD RD CHARLOTTE NO 282721104 CAMP HILL PA 17011-1127 'III1°Illlillllrllli�lui�n1ul1lulll1iIullJill rllldl�tl 5257000904 HOUSEHOLD BANK PLATINUM MASTERCARD DAVID S GARRY Household Bank Platinur_ --- _' :count Account Number: '8257 Page 2 of 2 From June 3 2013 to JuN 3 2013 Your Annual Percentage Rate(APR)is the annual interest rate on your account. Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge PURCHASES 00001 14.99% $3,315.78 $40.85 CASH ADVANCES 80001 20.90% $0.00 $0.00 BALANCE TRANSFER 14.99% $0.00 $0.00 71111 v=Variable Rate 090750 5 E 03 0000000103 6TM703 b 7 13679 HbP, What To Do if You Think You Find a Mistake on Your Statement: If you think there is an erns on your statement,write to us on a separate sheet of paper or use the attached Notification of Disputed Item form,at the billing inquiries address on the front of this billing statement. In your letter,give us the following information: Accountinformation:Your name and account number. Dollar amount:The dollar amount of the suspected error. Description of Problem:K you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing.You may call us or notify us electronically,but K you do we are not required to investigate any potential errors and you may have to pay the amount in question.We will notify you In writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error,the following are true: We cannot try to collect the amount in question,or report you as delinquent on that amount. The charge in question may remain on your statement,and we may continue to charge you interest on that amount.But,K 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. While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation,you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your leiter,we will send you a written notice explaining either that we corrected the error(to appear on your next statement)or the reasons we believe the bill is correct. Your Rights if You Are Dissatisfied With Your Credit Card Purchases: If you are cissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the purchase. To use this right,the following must be true: 1.You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify;and 2.You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase,contact us In writing at the billing inquiries address on the front of this billing statement. While we investigate,the same rules apply to the disputed amount as discussed above.After we finish our investigation,we will tell you our decision.At that point,if we think you owe an amount and you do not pay we may report you as delinquent. Paying Interest:Your Account has a grace period on purchases.Periodic Interest Charges begin accruing on purchases,balance transfers,cash advances,and credit card checks on the dale of the transaction and continue to accrue until your balance is paid in fill.However,no Interest will be charged on new purchases for any billing cycle when: you paid your entire New Balance in the previous month on time;and you pay your entire current month's balance on time as well. How interest Charges Are Calculated:To determine your periodic Interest Charges on each billing statement,we: determine the Average Daily Balance for each type of transaction;(for example,purchases,balance transfers,and cash advances);then multiply this number by the applicable Daily Periodic Rate;then multiply this number by the total number of days in the billing cycle. We use the applicable Daily Periodic Rate in effect on the billing statement dosing date.You can determine your Daily Periodic Rate by dividing the APR by 365. How Daily Balance Is Determined:We take the beginning balance for each type of transaction that day,then add the following:any new transactions;any previous day's periodic Interest Charges;any Finance Charges;any fees and charges,including any credit insurance premiums or debt cancelation fees,if these apply.We then subtract any payments andror credits. We also make any needed adjustments.For example: If a transaction posts after,but occurs before the start of a billing cycle,we may adjust the amount above to include this transaction.It will be included as of the first day of the baling cycle in which it posts. If your Account is subject to a grace period during the billing cycle,your payments will be subtracted from all Daily Balances in the current billing cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle,we will make this adjustment: the applicable Daily Balance(s)and any related Interest Charge calculations will be adjusted to include the transaction amount as of the date of the original payment or transaction. To calculate your Average Daily Balance,we add the Daily Balances for each day of the billing cycle;then divide this total by the number of days in the billing cycle. Annual Percentage Rate:K your Account has any variable rates,those APR(s)may vary with each monthly billing cycle.Each variable APR will be equal to a specified amount('Spread')plus the U.S.'Prime Rate'as shown in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month.Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month. About the Penalty APR:If you do not make your Minimum Payment Due by the Payment Due Date,we may increase yourAPRs to the Penalty APR. If this occurs: we will provide advance notice before the Penalty APR goes into effect. once the Penally APR goes into effect,if you make your Minimum Payment Due by the Payment Due Date for the next six consecutive billing cycles,your rates will return to the non-Penally APRs that apply to your Account. it you do not make the next six consecutive minimum payments by the Payment Due Date,we may keep the Penalty APR on your Account indefinitely. Card Renewal Annual Fee:You may avoid paying the renewal Annual Fee(K applicable)on your Account,if you close your Account by writing to us at the'Billing Inquiries' address shown on the front of this billing statement and pay the balance in full within 30 days from the Statement Closing Date,on which you were charged the renewal Annual Fee.K your Annual Fee is charged periodically(i.e.monthly),you may avoid paying the most recent periodic fee by following the above instructions. When and How to Pay:You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date.You may pay more than the Minimum Payment Due,or the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement.Payments must be made by a single check or money order payable in U.S.dollars and drawn on a U.S.Institution.Payments may also be made using our optional payment by phone or odine services using the phone number or Web address listed on the front of this billing statement.Payments received on any day at the payment address shown on the front by 5:00 p.m.,in that payment address time zone,will be credited to your Account as of the date of receipt.Payments submitted by phone or online by 5:00 p.m.Pacific Time will be credited to your Account as of the date of receipt.All payments received after 5:00 p.m.of the time zone indicated will be credited the next day.Crediting payments to your Account may be delayed up to five days it the payment is not made as described above,or,is not mailed to and received at the address provided for remittance;is not accompanied by the payment coupon;is received in an envelope other than the envelope provided for remittance;is stapled,folded,or paper dipped;or indudes multiple payment coupons or checks.Requests for credit balance refunds should be mailed to the'Billing Inquiries'address shown on the front of your biting statement. By sending us a check for payment on your Account,you authorize us to make a one time electronic funds transfer(EFT)from your bank account or to process the payment as a check transaction.When we use information from your check to make an EFT,funds may be withdrawn from your account as soon as the same day we receive your payment,and your check will be destroyed. Payment by Phone:When you use our optional payment by phone service,you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction.You must authorize the amount and timing of each payment.Please retain this authorization for your records. Hearing Impaired:If you are hearing impaired,call Telecommunications Devices for the Deaf(TDD!TTY)at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting:We may report information about your Account to credit bureaus.Late payments,missed payments,or other defaults on your Account maybe reflected in your credit report.Ifyou believe we have reported inaccurate information about your Account to any consumer reporting agency,you should notify us and ask us to correct the inaccurate information by writing to us at Capital One,PO Box 30253,Salt Lake City,UT 84130-0235. Debt Collection:We are required bylaw,if applicable,to notify you that we are attempting to collect a debt,and any information obtained will be used for that purpose. Rewards:If applicable,please refer to the Rewards Program Rules for information. @ 2012 Capital One.Capital One is a federally registered service mark.All rights reserved. 22CAP720295 ED OFFICEIL e PROTHONgIf��,. 2:14 JUL Ir FM I. 0! ,UNBERL AND COUPENTY 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 OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No 14-3821 CIVIL, upon the Magisterial District Judge designated therein on (date of service) , 07/08, 2014, El by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) DAVID S GARRY , on 07/08, 2014, ❑ by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 08 TH DAY OF July, 2014 Signature of official before whom affidavit was made Signature of affiant Title of official My commission expires on , 20 AOPC 312A - 05 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come OFF11C AL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees GEM MUM Postmark Here Sent To 1 d 3.6 . `Street AP . No.; s_ (/. } [n/ or PO Box No. _ ..6Y5...Et-ti ^.d✓ City, State, ZIP+4 AP I'7 PS Form 3800, August 2006 See Reverse for Instructions 7014 0510 0000' 3995 9199 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come OIHFOChhL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To 11103- &9 _.1 _.- 3 Stre or PO Box No. City, State, ZIP+4 rn a PS Form 3800, August 2006 �it See Reverse for Instructions IN THE COURT OF COMMON PLEAS OF�r E {' CUMBERLAND COUNTY, PENNSYLVANIA 28/4 6Uc _ 3 CAPITAL ONE BANK (USA), N.A. CUPf�� : CIVIL ACTION �I-{QRS AND `co NIA�i r, Plaintiff : : NO: 14-3821CIVIL DAVID S GARRY Defendant vs. CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on July 10, 2014 the below named District Justice received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment. District Court 09-1-03 Honorable Richard S. Dougherty District Justice 98 S. Enola Dr. Suite 1 Enola, PA 17025 Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Attorney I.D. No.: 86 120 N Keyser Aven e Scranton, PA 18514 (570) 558-5510 5 quire 4.*f// IN THE COURT OF COMMON PLEAS OF E rrQl�O i CUMBERLAND COUNTY, PENNSYLVANIA �� _ h�: CAPITAL ONE BANK (USA), N.A. CUf�B : CIVIL ACTION CEfyHSAN �171J1�7 •� Y1 VAN/A Y Plaintiff : vs. DAVID S GARRY • • : NO: 14-3821CIVIL Defendant : • • CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on July 15, 2014 the below named Defendant received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment and Complaint. DAVID S GARRY 808 ERFORD RD CAMP HILL PA 17011-1127 Edwin A. Abrahamsen & Associates, P.C. ichael F. R: tchford, Esqu Attorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: vi& S. Gac c6o<6 Camp t -IA PA 17ai i COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Prfnd Name) ri.A.t.( at* D. Is delivery address different If YES, enter delivery ad ❑ Agent ❑ Addressee C. Date of Delivery 1n ite 11.,?9,E7,Yes ss below: CY7,No o' WAl3y4ss NA1,3�/cYS 3. SSery w, Type lg—Certified Mail ❑ Registered ' ❑ Insured Mail '. SQA ❑ Express Mail - ❑ Return Receipt for Merchandise ❑ C.O.D. 2. Article Number (Transfer from service labeO 4. Restricted Delivery? (Extra Fee) 7014 0510 0000 3995 9182 0 Yes PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION Domestic Return Receipt 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature 1. Article Addressed to: rn()TS 09-1-63 Sou. -4h &nolo Lr,) 5FC d - E nolq, Pf /7635 2. Article Number (Transfer from service labeq Agent /❑ Addressee C. Date of Delivery /c/„/ D. Is del ! ry add different from item 1? 0 Yes If YES, enter delivery address below: 0 No i31055— ski N 1.31140(05-4. Restricted Delivery? (Extra Fee) 0 Yes ib 3. Sere' a -Type PJ Certified Mall ❑ Registered ❑ .Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 7014 0510 0000 3995 9199 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAXX. ret rn r— f , x c7 Z'r1 N� Z> cal -4 Ca CAPITAL ONE BANK (USA), N.A./ : Plaintiff, CASE NO.: 14-3821 C7 —°a cJ —11 ;. -3 ' 6 =ra i-;--1 v. PRELIMINARY OBJECTIGN , ) Cr' ...< DAVID S. GARRY JURY TRIAL DEMANDED Defendant Pa. R.C.P. 1007.1 DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COMES NOW, Defendant, DAVID S. GARRY, (hereinafter known as DEFENDANT and/or GARRY) in the above -captioned action, who files these Preliminary Objections to Plaintiff's Capital One Bank (USA) N.A.) Complaint (hereinafter known as PLAINTIFF and/or BANK), and in support thereof, states as follows: I. PLAINTIFF FAILED TO PROVIDE PROOF OF STANDING 1. This Complaint should be dismissed, as the PLAINTIFF does not have standing and is not the real party of interest, and this Court does not have Personam jurisdiction over the Subject Matter of the Case. 2. BANK is not the real party' pursuant to PA. R.C.P. 1033 for. CAPITAL ONE BANK (USA) N.A. could not be the original creditor and/or the alleged original lender and/or the real party in interest pursuant to Title 13 PA. C.S. §3-302(a) for BANK is not the 1 PA. Rule of Civil Procedure 1033 3 holder of the instrument2, (negotiable instrument) and lack of standing denies the bank standing in order to prosecute this case; a. BANK did not take the note for value, §3-302(2)(i); b. BANK did not take the note in good faith §3-302(2)(ii); c. BANK took the alleged note with an unauthorized signature (§3-308), and the alleged note in questions have been altered §3-302(2)(iv);3 d BANK must prove to what extend their performance4 gives a certain percentage of security interest according to §3-302(2)(d)5. 3. .:.,.BANK_ rannet._s»bstantiate that GARRY ever _executed. any a?leged .Contract with CAPITAL ONE BANK (USA) N.A. and/or any other alleged creditor not yet named6 in this complaint. GARRY further states that he has never negotiated any note with CAPITAL ONE BANK (USA) N.A. and (hereinafter known as (BANK). 4. Bank's Complaint must be dismissed for their Complaint fails to conform to law or rule of Court for it denies GARRY the knowledge and understanding and or identifying the original alleged lender making it impossible for GARRY to properly defend his case by 2 Title 7 §303 makes it very clear that BANK must prove that they have purchased evidence of debt, and the only way that can be accomplished is by the production of the accounting ledgers specifically relating to Garry's accounting ledgers, and this will be denied by this Court in a "Protective Order" thus denying Garry his due process rights. 3 Title 13 PA. C.S. §3 -407 -Alterations void the Notes and make them un -payable. 4 PA. Rule of Civil Procedure 1021, production of BANK's accounting ledgers to support the actual security interest of BANK, if any. The ledger account will show whether the BANK actual gave consideration by crediting BANK's net worth account, or did they deposit the fraudulently obtained notes and credit the BANK's liability/demand deposit account. 5 § 3-302(2)(d) if under section 3303(a)(1) (relating to value and consideration), the promise of performance that is the consideration for an instrument has been partially preformed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the. partial performance divided by the value of the promised performance. 7 Title 13 PA. C.S. §3-308(a) Proof of Signature --In an action with respect to an instrument, the authenticity of, and the authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. 4 advising GARRY, who is the real plaintiff pursuant to PA. R.C.P. 1028a(2)(3)(4) and (5). 5. In Worldwide Asset Purchasing, LLC v. Stem, (2004) Judge Wettick ruled, that the issuer of the credit card and suit brought by Worldwide Asset Purchasing was required to attach to the Complaint the written assignment or assignments that traced ownership of the account from to Worldwide Asset Purchasing. In this case, MBNA never traced the assignment and/or assignments and violated Rule 1019 that a Plaintiff shall (1) set forth the material facts upon a cause of action is based and (2) attach the writings when a claim nr..,a.. writing. _The.alleged..Plaintiff has failed_ to_?++ach._2J?: of.the_assignments and never even stated an alleged debt that the credit card was offered, applied for, received ending in1103 and accepted by Plaintiff the same information lacking in the magisterial court proceedings, which they lost, whenever a claim involves one period of time in which the initial terms and conditions apply, the plaintiff must attach to the complaint both the original terms and conditions9 with the dates10 on which they are applicable. Ratchford, P.C. has never stated if the Complaint is based upon a breach of contract or statement of accounts or account stated, which denies GARRY of a clear understanding of the complaint. PA. Rules of C.P. 1028a(2)(3)(4) and proves that CAPITAL ONE 8 The original lender and/or party in interest must substantiate that they have been financially damaged and must advise the Defendant who exactly is the real party. 9 The non -existents card holder agreement does not prove any alleged dates that this imaginary credit card was valid and being used. 10 Having one alleged card holder agreement, unsigned, could have applied to this Judge or even Mr. Ratchford cast doubt on the validity of the attached card holder agreement relating to Garry when the account cast different conclusions that the statements are from Capital One, the statements are not complete and does not reflect how the purchases added up to $2,976.52 thus proving the insufficiency of the pleading. 5 BANK (USA) N.A. and/or lacks the capacity to sue under PA. R.C.P. 1028a(5) and this court cannot make that determine with complete discovery.'] 6. Being that the complaint seeks a specific amount of money that is allegedly due the complaint fails to comply with PA. R.C.P. 1028(a) (2) (3) (4) and (5) The Complaint must include documentations or supporting allegations to show or permit GARRY to calculate the total amount of damages that are allegedly due and owing by reading the documents attached to the complaint. 7, _, , —C,JI ' TLQNE.,BANK.(USA) N.A.12 fails to compJ:y! vwith p2 CJ . 02,.8a(5)..and fails to specifically identify the true holder and/or holder in due course (Plaintiff) and this Court is barred from making that determination and must hold an evidentiary hearing to determine the true owner of said note or the real Plaintiff and/or the financially damaged party. Then BANK has the burden of proof that GARRY had executed (Title 13 Pa. C.S. §3-401 and §3-308 and the alleged note (which was created by unilaterally as a negotiable instrument specifically referenced in BANK's Complaint in paragraphs 3 and 4.13; Paragraph 3 of Plaintiffs Complaint is based upon a conclusion of law with absolutely no' supporting documents as required. The complaint should state the date of the offer, the 11 Attorney Ratchford is used to having the courts act as his independent debt collectors and upon refer of the deviancies one would have to think that Ratchford as a non -attorney and has now crossed the threshold of being sued under Title 15 §1692 et seq. 12Ratchford have failed to list any address of the alleged Plaintiff, Card Services thus denying Garry his right to discover and/or depose. Ratchford must provide the contact information of the alleged client that Mr. Ratchford claims assisted Ratchford in the creation of the Affidavit. 13 Title 13 PA. C.S. §3-309(b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, section 3- 308 (relating to proof of signature and status as holder in due course) applies to the case as if the person seeking enforcement had produced the instrument. The Court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. 6 date of the acceptance by Garry, the original card holder agreement must be attached and the date sent and received by Garry which is devoid of any of this information and Ratchford failed to prove the terms and conditions of the original contract little lone all the amendments. Or the addendums. 10. Ratchford has failed to list the dates of purchases that add up to the alleged amount and has failed to prove when, who, where, how and by whom were these alleged purchases made and identify merchandise purchased.' 11. The Statements of account do not add up to the amount sought so the alleged charges are ;un.licwif.Pd, and..based upon a_ fraudulent documents that wPrP rP�r_P _ roduced. making the alleged card holder agreement the phantom card holder agreement which is a contingent note at best. 12. In paragraph 4 of the Plaintiff's Complaint Ratchford proves that he is using false and misleading and or even fraudulent representations compounding his vicarious or egregious liabilities under the FDCPA more favorable to Garry. See the answers in paragraph 10 and this deceptive nature of Ratchford should afford this Court no other option but to dismiss this complaint with prejudice for it is a real wonder of the world that an attorney having 35 years in debt collection wrote this Complaint. Garry never applied, used or received any credit card with an attached card holder agreement and Plaintiff's ineffective counsel in their second attempt to prove it is once again deficient.; 13. PLAINTIFF14 (whoever that may be) obtained and/or created fraudulent documents15 (Title 13 PA. C.S. §3-308) and then monetized, created a trust, and securitized them16, 14 Garry states that he is being denied his right to know the true identity of the real party of interest and/or the insufficiency of the Amended Complaint makes it impossible for his to properly defend and/or discover or depose the real party in interest. Garry does not know if is the true Plaintiff or did they purchase the debt or 7 placing the fraudulent note into the stream of commerce that unjustly enriched the PLAINTIFF. Plaintiff has failed to substantively prove that Defendant used the credit card, received said credit card, purchased items and failed to identify any alleged purchases and from what store were these items purchased and has failed to prove that Defendant ever received the credit card and ever used it and the Plaintiff must prove that Capital One Bank even mailed the card and that Defendant actually received the card as his complaint fails to establish. 14. The real Plaintiff, yet to properly identified, are procedural and substantively cnncc ora1-11Pl7 _fnr_the Plaintiff has violated Title 15..U. § 692..et:seq. — 15. In paragraph Six (6) of PLAINTIFF's Complaint, BANK intentionally, deceptively, deceitfully, fallaciously, and with conspiracy in their heart, states, Defendant has defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due." Ratchford has failed to establish that any default occurred under the terms of any agreement and has failed to produce any admissible evidence to be in compliance with the PA. Rules of Evidence §§901, 902, 1002, 1003 803.6 and Title 42 §6108 and has failed miserably in substantiating that Garry is even responsible to make any payments and how has Garry refused to make payments. This Complaint is clearly defective and should not even merit any consideration by any honest judge. was it assigned to them and even fails to produce any certificate of sale or assignment thus not being able to prove chain of title and having the holder and/or holder in due course status as required in order to collect. 15 Title 13 PA. C.S. §1 -203 --Every contract or duty within this title imposes an obligation of good faith in its performance or enforcement. 16 When the fraudulently created note was securitized it became a asset backed security thus destroying any real holder and/or holder in due course status. 17 Title 13 PA. C.S. §2-302(a) Unconscionable contract or clauses) --If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may: (1) refuse to enforce the contract; (2) enforce the remainder of the contract without the unconscionable clauses; or (3) so limit application of any unconscionable clause as to avoid any unconscionable results, 8 16. This Complaint is insufficient if the Complaint is based upon an account stated based upon Sections §§512 and 513 of the Pennsylvania Law Encyclopedia (Second). The relevant portions of the discussion are set forth below: §512 states in part, "an account stated has been defined as an account in writing, examined and expressly or impliedly accepted by both parties thereto, and distinguished from a simple claim or a mere summary of accounts. The Plaintiff must prove there is an account in writing, examined and accepted by both parties]$, in which GARRY never agreed to any statement of accounts showing any indebtedness to Capital One Bank. 17. ,_Under. §51,_3. to_prcduce,,an account stated, the account ._in st he—ten. Pre0,..and. the other party must accept, agree to the correctness of the amount. In short, there must be a meeting of the minds, and there can be no account stated where the account rendered meets with general objection. Something more that mere acquiescence by failing to take exception to a series of statements of account received in the mail is required to create an account stated. 13 P.L.E. 2d Contracts §513 at 11-12 (2001.19 18. With the PLAINTIFF lacking standing to prosecute this case, this Court lacks subject matter jurisdiction as well as personam jurisdiction, and PLAINTIFF's Complaint must be stricken pursuant to Pa. R.C.P. 1028a(1)(2)(3)(4) and (5). 19. GARRY raises under PA. R.C.P. §1028(a)(5) PLAINTIFF's lack of capacity to sue in this situation. These preliminary objection to the Complaint states that this court must not 18 The Defendant has never admitted or agreed to any validity or accepted any statement of accounts pertaining to this alleged account number. This falsified statement of fact is not only erroneous but it is a fraudulent representation to this court and Ratchford is subject to a Fair Debt Collection Practices Act law suit. As a matter of fact Ratchford lost both cases because he presented no admissible evidence at all to substantiate his fraudulent claims. 19 Garry has never received any statement of accounts reflecting this debt. The Complaint never stated that the account has been a running account, only vaguely alludes to the alleged debt on any an account stated theory, and has never specifically stated that Garry used the credit card and has ever assented to the account as required to support an action on account stated. 9 view and determine the controvertible facts but, rather, must resolve the dispute by receiving evidence thereon through interrogatories, deposition, or an evidentiary hearing to determine compliance with notices. Deyarmin v. Consolidated Rail Corp., 2007 PA. Super. 218, 931 A. 2d 1 (2007); Wentzel-Applewood Joint Venture, v. Market street Association, LP, 2005 PA. Super. 239, 878 A.2d 889 (2005); Mellon Bank, N.A. v. Fabinyi, 437 PA. Super. 559, 650 A.2d 895 (1994). WHEREFORE, GARRY hereby states that this case should be dismissed for lack of standing and that this Court lacks personam jurisdiction and requests any and all relief that this Court: de_e n j2ist.apf „r „eet. II. PLAINTIFF DOES NOT HAVE STANDING 20. DEFENDANT hereby incorporates all of the preceding paragraphs as if each and every one is fully set forth at length, herein. 21. Standing is a threshold issue that must be determined not by the Court, but by the party asserting it. 22. PLAINTIFF does not have standing, nor are they the real party in interest, as DEFENDANT contends; PLAINTIFF is not in possession of the alleged executed application, the executed card holder agreement20 and the original note. 23. PLAINTIFF was required, by law and/or by statute, prior to filing their complaint, to make Presentment of the Original Note; to identify themselves as having the authority to make the Presentment pursuant to Title 13 Pa. C.S. §3-501; and that, upon Presentment, the Promissory Note is/was properly endorsed to the benefit of the party seeking to enforce it. PLAINTIFF has willfully failed to do any of this. 20Ratchford has not produced any alleged card holder agreement and never alleged a starting date and a finishing date. 10 24. DEFENDANT avers that this PLAINTIFF does not have in their possession, custody, or control of any admissible evidence so therefore this Complaint is deficient and not in compliance with PA. R.C.P. 1028a(2)(3)(4) and (5) for the Complaint does not fully advise GARRY of the real issues at hand including the real alleged creditor or the real party in interest. 25. The Plaintiff in this case has failed to even allege or even state in their insufficient Complaint, they have failed to identify the card holder agreement that specifically applied to the class of accounts that included the alleged Defendant's account from Capital One. 26. _Th E1 tin1iff h c fa led Io assemble the entire set of agr-eemann?iPd_to the alleged Defendant's account during the time period that it was supposedly opened.21 27. GARRY must be adequately protected from another party (the real legal holders of the Notes) pursuant to, including, and not limited to Title 13 PA. C.S. §3309(b). Furthermore, according to Title 13 PA. C.S. §3308, GARRY hereby categorically states that the authenticity of any signatures do not exist and Plaintiff lacks sufficient evidence to prosecute this case. 28. Plaintiff has not produced any signatures of GARRY pursuant to Title 13 PA. C.S. §§3- 401 and 3-308. 29. PLAINTIFF's Counsel knows and/or should know that any application and/or alleged card holder agreement must contain a beginning date and a specific date on each any every item purchase and their description and what dates were the alleged payments made if any by producing the original accounting ledgers pursuant to PA. R.C.P. § 1021 21 In the original Compliant Plaintiff's Counsel did not even have any statement of accounts or any alleged card holder agreement and failed to produce a "Affidavit" from an executive of any one and the verification of Ratchford is a dishonor upon this Court. 11 and the allegations are abuse of process, are in violation of PA. R.C.P. §1028a(1), a(2), a(3), and ,1028a(5). _ 30. Plaintiff's Complaint is lacking in compliance with Pa. R.C.P. §1028a(1), a(2), a(3), a(4) and r028a(5) for the Complaint is deficient, insufficient specificity, lacks jurisdiction ;over the subject matter, failure to conform to the rule of law, legal insufficiency of a pleading and lacks capacity to sue, for the Complaint does riot specifically identify any alleged account number23, does not name with specificity any real party in interest and or Plaintiff and does advise GARRY of the charges against him. 31. Plaintiff'c_f'�,n�,l ;~nt_a1sofails_ to support any breach of agreep-.), i.t. ,e;.. Ompiaint fails_. to support the basic elements of contracts. The Plaintiff must prove that GARRY applied for the card, used the card, became indebted for the use of said card and has been unable to do that, this theory will be supported in GARRY's brief in support of these Preliminary Objections. Plaintiff must also prove that GARRY used the card, when was the card used, what was purchased and must prove that GARRY agreed, accepted the card and that Plaintiff actually mailed the card, application, card holder agreements, statement of accounts in which they have failed to do making this Complaint deficient and insufficient for a continuation of this Complaint. GARRY's Brief will explain in great detail additional reasons why this Complaint does not comply with either the account stated and/or the breach of contract thus denying GARRY his rights to properly defend such 22 They must prove and produce the original account agreement for the account, any amendment to the agreement for the account, any notice of a change in any term of the account, any alleged credit card in direct . relationship to the specific agreement, and the other alleged years, and other activities on said account. An account is an implied claim that arises from the course of dealing between two parties who engage in a series of transactions in which title to goods passes from one to the other. 23 On Garry's credit report it shows two different alleged account numbers, with possibly fraud, re -aged the alleged account and Ratchford cannot mention any specific account number as referenced in the other law suits filed in other counties showing a pattern of abuse by Ratchford opening themselves up for law suits, both class action and/or even mass actions including and not limited to FDCPA, FCRA and RICO. 12 action and this complaint must be dismissed through the sustaining of these Preliminary objections. 32. DEFENDANT hereby states PLAINTIFF is incapable of producing any genuine and/or original ledger accounts, original statement of accounts,24 names and contact information of custodian of the records for Capital One Bank has fraudulently sold this fraudulently created account and securitize it and then sold it to Richford's employer who Ratchford is representing in a respondeat superior type relationship and the real party in interest is not the Bank. For the real party in interest is the debt purchasing law firm that employs Ratch£or .25 33. Plaintiff's Counsel is not in compliance with, including but not limited to, Title 13 PA. C.S. §§3302, 2(i),(ii),(iii), 1203, obligation of good faith, and 2302, unconscionable contract or clause. This Court must also rule that these alleged altered and/or fraudulently created documents26, if they do actually exist, should not be enforced per Title 13 PA. C.S. §2302 (1) and (3). (DEFENDANT declares that they do not even exist, and strict proof must be presented pursuant to PA. Rules of Evidence 901, 902, 1002, 1003, 803.6 and Title 42 PA. C.S. §6108.) 34. DEFENDANT further states that PLAINTIFF must prove Title 13 PA. C.S. §3303(a)(1)(2)(3)(4)(5) and (b). 24 Clearly depicting all and every alleged transaction from the inceptions of this alleged account, who used the alleged card, when was this card used, what was purchased by this card, and locations of each and every transaction. 25 Chief Justice John Marshal ruled in Sheeley v. Manderville U.S. 11 208, 212 (1804) that the promissory note must be produced in order to collect upon a debt. This proves how far this legal system has went of its true course through illegal ruling in case law. 26 Statements of accounts were actually created by Ratchford using in house reproduction equipment. Ratchford is required to produce not only their contractual agreement but provide Defendant with a list of names for discovery and depositions purposes plus the accounting ledgers as required by PA. R. C. P. §1021. 13 35. DEFENDANT hereby states based upon his understanding, belief, knowledge, information, and certification that the PLAINTIFF is committing fraud upon this Court, for the PLAINTIFF is not the real party of interest pursuant to PA. R.C.P. § 1033 for the alleged note27 have been monetized,28 securitized, and possibly placed into a trust account and through a professional Forensic and Securitization Audit, GARRY will be able to present and/or expose a conspiracy to divest GARRY of his assets. III. BANK MUST PROVE STANDING 36. GARRY, based upon his understanding, belief, personal knowledge, and verified info.=atior W1- RA.NK,.and/or: Ratchford, P.C. in order -to .priam. an1 r_g,as-holder.-in_._. due course to be incompliance with PA. R.C.P. 1028a, 1024c, 1019, 1002 and 1021 and as lender and/or creditor must prove the following: a. BANK must have possession of the original executed card holder agreement and executed application; b. BANK must prove that they did not securitize the note in question and take it off of the Bank's balance sheet; c. Bank must prove that they have a perfected "Chain of Title" or proper assignment; d. BANK must produce the real party in interest, and open their accounting ledgers for an inspection by GARRY's expert witnesses and must prove that Bank did not through fraudulent misrepresentation and/or altered the alleged documents pursuant to Title 13 PA. C.S. §3 -407 -alterations; 27 If it really does exist is now an asset backed security. 28 Title 13 PA C.S. §3 -407 -Alterations 14 e. Bank must prove who used the alleged card, when was the alleged card use, what was the purposes of each and every transactions, and a description of all the merchandise and/or use of the alleged credit card; f. BANK must prove that BANK didn't sell the loan to an issuer --typically a government sponsored enterprise (GSE) or placed into a asset backed security and if they even collected upon a insurance claim; g. BANK must prove that the trust didn't issue securities, known as asset backed securities (ABS), against this pool; h. G.ARRY.,091-P--4,1).:1 sect upon his personal knowledge, :belief, NftrifPri???.1<?-Tr?l_ation, and understanding that BANK also monetized GARRY's obtained negotiable instrument and deposited them into the BANK's asset and demand deposit liability account as will be supported by expert witnesses including authors, books, charts, graphs, former banking experts, and a certified public accountant. 37. Now with the information in hand it becomes apparent that PLAINTIFF's Counsel has committed fraud and lacks standing in this Court, and this Court should impose sanctions under PA. R.C.P. § 1023 against their fellow members of the bar and their fraternity brothers and/or sisters in the name of justice and law, and the Court should comply with its oath of office and dismiss this case with prejudice. 38. PLAINTIFF must produce the genuine documents and/or file a Lost Note Instrument according to Title 13 PA. C.S. §§3-309 and 3-501. 39. DEFENDANT hereby emphatically states that according to Title 13 PA. C.S. §§3-308 and 3-401 that the DEFENDANT is not financially liable unless the DEFENDANT 15 signed the Instrument(s) and further reiterates that DEFENDANT signature has yet to be produced. 40. PLAINTIFF must file according to Title 13 PA. C.S. §8405(a)(2) a sufficient indemnity bond, and this Court and/or County Officials are responsible to protect GARRY and/or the alleged estate from double liability when GARRY is not liable at all. 41. PA. R.C.P. §2002(a) requires that all actions be prosecuted by and in the name of the real party in interest. The Pennsylvania Superior Court has explained the rationale for requiring the assignee to affirmatively plead his interest in the matter: "When Buts` brought agafnst^the Defendant by a stranger to his conttrac; he' is entitled to proof that the plaintiff is the owner of the claim against him. This protection must be afforded the Defendant. Otherwise, the Defendant might find himself subjected to the same liability to the original owner of the cause of action, in the event that there was no actual assignment." Id. at 94. In this case, PLAINTIFF failed to attach any written assignment setting forth the facts of the assignment, the date of the assignment, or the parties to any assignment. Moreover, PLAINTIFF failed to affirmatively plead the fact of the assignment, the date of the assignment, and the parties to the assignment. PLAINTIFF cannot provide a proper chain of command so therefore the chain has been broken. 48. Pursuant to PA. R.C.P. §1021, PLAINTIFF must produce their accounting ledgers to prove consideration was given. 49. DEFENDANT GARRY objects to PLAINTIFF's Complaint Pursuant to PA. R.C.P. § 1019(f), which states, "Averments of time, place and items of special damage shall be specifically stated." PLAINTIFF in its Complaint fails to set forth any specific averment of time, place, date, liability for payments, nonpayment of and/or refusal to make payments must be brought forward. By reason of PA R.C.P. §1019, under the 16 Pennsylvania system of fact pleading, the pleader must define the issues. Every act of performance essential to that end must be set forth in the Complaint. Miketic v. Baron, 450 PA. Super. 91, 104, 675 A.2d 324 (PA. Super.1996) (citing Santiago v. PA. Nat. Mut. Ins. Co. 418 PA. Super. 178, 183 613 A.2d 1235, 1238 (1992); PA. R.C.P. 1019). The complaint must not only apprise the DEFENDANT of an asserted claim, but it must also synopsize the essential facts to support the claim. Miketic v. Baron, 450 PA. Super. 91, 104-105, 675 A.2d 324, 331 (PA. Super., 1996) (citing PA. R.C.P. 1019(a) and Krajsa v. Keypunch, Inc., 424 PA. Super. 230, 234, 622 A.2d 355, 357 (1993)). 50. Furtherrn_o...re :the„mnx,plai t.fails,to.apprise the DEFENDANT-DI tia.f.:,nak re;- , :extent of .. PLAINTIFF's claim so that DEFENDANT has notice of what PLAINTIFF intends to prove at trial and may not adequately prepare to meet such proof with his own evidence. Weiss v. Equibank, 460 A.2d 271, 313 PA. Super. 446 (PA. Super. 1983). 52. Accordingly, just as in Marine Bank v. Orlando, 25 PA. D. & C. 3d 264 (1982), Plaintiff's Complaint fails to properly set forth a cause of action for the Complaint does not define with specificity the allegations against his by purposely obscuring who the real party of interest really is. 53. Wherefore, GARRY moves this Court to dismiss this Complaint for failure to present the original executed note prior to filing their Complaint and/or for Plaintiff's failure to establish Standing pursuant to Pa. R.C.P. 1028a. IV. PLAINTIFF FAILS TO ATTACH DOCUMENTS 54. DEFENDANT hereby incorporates all of the preceding paragraphs as if each and every are fully set forth at length, herein. 17 56. DEFENDANT is unable to properly and fully defend himself absent the required attachment of these documents, upon which PLAINTIFF relies. Wherefore, PLAINTIFF's complaint should be dismissed for failure to attach the required documents upon which PLAINTIFF relies, or for any and all other relief that this Court deems just and proper. V. PLAINTIFF FAILS TO PLEAD WITH SPECIFICITY 57. DEFENDANT hereby incorporates all of the preceding paragraphs as if each and every are fully set forth at length, herein. 58. PLAINTI.1F,-�..n,.Itei-s»!m aary. of_ costs, fails to plead-with—sem .if-tt .Qz—prowide.. _ documents in support of their contention in compliance of Pa. R.C.P. 1019(f), Averments of time, place and items of special damage shall be specifically stated which this Complaint falls flat on its face thus denying GARRY his right to properly defend this action. 59. PLAINTIFF's Complaints are based upon "scandalous and impertinent"29 allegations and thus subject to being stricken. Allegations are unproven, immaterial, and inappropriate to support this action. Common Cause/ Penn. V. Com., 710 A.2d 367. 60. Bank's Complaint has violated PA. R.C.P. 1029(h), "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. 61. Bank's Complaint has violated Pa. R.C.P. 1019(i) states that if the claim is based upon the writing, the pleader shall attach a copy of the writing, This was not done. The alleged contract is of a completely different bank and the date does not even match up to the Plaintiff's Counsel's allegation in paragraph Three (3) of the complaint stating, "a copy 29 PA. R.C.P. 1028a(2). 18 of which was sent to the Defendant along with the credit card." Mr. Ratchford should have known that it should have been attached to the complaint pursuant to the PA. Rules of Civil Procedure P.R.C.P. 1019(i). 62. In paragraph Four (4) Counsel would like to have this Court believe that the alleged card holder agreement actually exists but has failed to state why they violated 1019(i) which violated P.R.C.P and the accounted stated theory.3° 63. Wherefore, DEFENDANT moves to dismiss PLAINTIFF's complaint with prejudice for failure to plead with specificity, or for any and all other relief that this Court deems just and proper.._ _ _..... VI. IMPROPER VERIFICATION 64. DEFENDANT hereby incorporates all of the preceding paragraphs as if each and every are fully set forth at length herein. 65. Moreover, PLAINTIFF's attorney could not possibly have firsthand personal knowledge of the allegations set forth in their Complaint, nor do they make a distinction as to what they have firsthand knowledge of as opposed to what is specifically based on information and belief. 66. This Court must according to 1028(c) (2) must determine promptly all preliminary objections. If an issue of fact is raised, the court shall consider evidence by depositions of otherwise and if this Court ignores this sections, Defendant has the right to have it rule a final order and will file an appeal. 67. DEFENDANT objects to PLAINTIFF's attorney signing the verification. PA. R.C.P § 1024(a) and (c) state that when an attorney for the PLAINTIFF signs the verification, it 30 The Plaintiff if they were in possession of true documentations should have produced all the card holder agreements from the alleged beginning time to the alleged ending time. Garry is looking into spoliation charges against the yet to be identified true plaintiff in this case. 19 is defective. See Monroe Contract Corp. v. Harrison Square, Inc. 266 PA. Super. 549 405 A 2d. 954 (1979) and Warren v. Williams, 370 PA. 380, 88 A. 2d 406 (1952); Rupel v. Bluestein, 280 PA. Super. 65 421 A2d. 406 (1980); Signora v. Kaplan, 33 D &C. 4th (1996); '3 Standard PA. Practice 2d, Ch. §16:35; `3Standard PA. Practice 2d, Chapter 16 §1639; and '4 Standard PA. Practice 2d, Chapter 21 §21:29. An attorney's statements and papers are not facts before the court. The attorney cannot be counsel and give testimony in the same matter. See Trinsey v. Pagliaroz 229, 229 F. Supp. 647, 649 (D. PA. (1964); also see United States v. Lovasco (06/09/77) 431 U.S. 783, 97 S.Ct. 2044, 52 L.Ed. 2d 752, Gonzales _v- Ru ct_(n4/0111.2),224 US. 126, 56L Ed. 693,_32_S. C.+ ,463 ? d.J- oft -T. United States, 218, U.S. 245, 54 L.Ed. 1021, 31 S.Ct.2. And PA. R.C.P. 1024 (c) states in pertinent part, "The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or his own knowledge and the reason why the verification is not made by a party." 68. With respect to the aforementioned, PLAINTIFF's action should be dismissed for failure to adhere to PA. R.C.P § 1024 (c), PA. R.C.P. § 1002, iniid P Cs' § 1028(a) (2) for woeful lack of proper verification. 69. Michael Ratchford, Esquire attempted to circumvent the law by filing a verification when it should have been called an "Affidavit. Mr. Ratchford, knew that the verification and/or affidavit must be based upon personal knowledge, state how the affiant obtained such 20 expertise and state and attach a certified copy of the exhibits examined in order to file said verification or Affidavit to be in compliance with §1035.4 and based upon this defective intentional omission Plaintiff's Complaint must be dismissed with prejudice and this Court should impose sanction against Ratchford. This Court should examine other filings all over the entire state for the courts would soon establish that Ratchford is employee of an enterprise engaged in the illegal practice of debt collection thus violating Title 15 U.S.C. § 1692 et seq. and will be soon charged in that manner.31 70. Wherefore, Plaintiff's Complaint should be dismissed for failure to provide a proper verification,ox aff;rlax;t intary_aa3d.all..otherrelief that this Courlydeemx..dj”,s ?ne,: roper._ 71. Garry plans on investigating Mr. Ratchford's behavior all over the state through groups of people that are waking up to the fraudulent practices going on in the PA. Court system through improper Affidavits or verifications.32 72. Plaintiff's Counsel has failed to perform proper service for the Certification of Service page does not contain GARRY's address and cannot prove that GARRY was actually mailed the Complaint thus operating in another deceptive, false and misleading and denying GARRY his due process rights to properly defend against this bogus Complaint. 31 Garry plans on deposing employees from Bank and any other alleged creditor who was ever involved in this misrepresentation of this alleged debt. Ratchford will be discovered and should be made to answer discovery for he has signed illegally the verification thus denying Garry his right to cross-examine him in a deceptive sanctionable nature as stated by the Pennsylvania Supreme Court. In the Fundamentals of Civil Practice, written by the Penn. Bar Institute, dated 2009, it states, "A final warning in the verification area comes from the disciplinary opinion. The Pa. Supreme Court Disciplinary Board has noted that an attorney's personal notarization of documents not signed in the attorney's presence violates bar disciplinary rules as well as the criminal code." In Re Anonymous No. 23 D.B. 77, 6 Pa. D&C3d 499 (1978). And Pa. R.C.P. 1002, Authority of Attorney, "Any action other than verification required or authorized by this chapter to be done by a party may be done by the party's attorneys." 32 Garry is in the process of gathering "affidavits" filed by Mr. Ratchford in the surrounding counties to prove his intentional and malicious use of the courts as though they were independent debt collectors. The verification that Ratchford used in this complaint will be sent to the PA. Disciplinary Board, the PA. Supreme Court and the Judicial Committees in the Pennsylvania Senate and House of Representatives and the Pa. Attorney General. 21 73. Plaintiff's Counsel has violated Pa. R.C.P. 1018 (Caption) for failure to conform with Pa. R.C.P. 1018 which states, "Every pleading shall contain a caption setting forth the name of the Court, the number of the action and the name of pleading. The Caption of a compliant shall set forth the form of the action and the names of all the parties, but in other pleadings it is sufficient to state the names of the first party on each side in the Complaint with an appropriate indication of other parties." WHEREFORE, DEFENDANT moves that Plaintiffs Complaint be dismissed for lack of established jurisdiction of this Court; for failure to prove standing; for failure to attach the required documents.:upan, 3uh 12-B. rk_chould,relies_in filing this Complaint;: for..faal va--t p1e d. the Complaint with specificity; and for Plaintiff s failure to properly verify their Complaint. GARRY places this court on notice that this court's responsibility is for a proper adjudication of all the issues in this case without any granting of any "Motion for Protective Order" and/or any "Motion in Limine" which would violate GARRY's rights in order to protect the Plaintiff. GARRY seeks any and all relief that this Court deems just and proper. Respectfully Submitted, David S. Garry 22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. Plaintiff, CASE NO.: 14-3821 v. : PRELIMINARY OBJECTIONS DAVID S. GARRY : JURY TRIAL DEMANDED : PURSUANT TO Pa. R.C.P. 1007.1 Defendant. CERTIFICATE OF SERVICE David S. Garry, Defendant, hereby notifies this Court that proper service was completed by U.S. First Class Pre -paid mail to the Plaintiff and the Plaintiff's Counsel on August 5, 2014, to the following addresses: CAPITAL ONE BANK (USA), N.A. C/O Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford 120 North Keyser Ave. Scranton, Pa. 18504 David S. Garry 23 CARLISLE MPO CARLISLE, Pennsylvania 170139998 4134870013 '0083 08/05/2014 (800)275-8777 ' 04:27:36 PM Product Description Sales Receipt 'Sale Unit Qty Prim Final Price Utility 1 $1.19 0.19 Mailer 10,9^ x 16" Utility l $1.19 Void Mailer 10.5" x I6^ SCRANTON PA 18504 Zone -2 $2.03 First -Class Mail Large Env 5.20 oz. Expected Delivery: Thu 08/07/14 Issue Postage: ~~~=~~== $2,03 Total: $3.22 Paid by: VISA $3,22 Account #: xXXXXXx%XXKX7024 Approval #: 062701 Transaction #: 130 23 903110014 BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. ^°^*^°°°*~*"°`**°*^°^^°~^°**^^^^°^°*~°^ Order stamps at uunu.ovm/s|mp or call I-888'5tmm»24. Go to usns.wm/clickmshin to print mhinpinn�\ubelm with »ostase' For other information call 1-800-ASK-U5P3. ^*°^°^^*°°^°+°^**^°~~°^^~^^^*°°*°°^^°°°^ °°°~^~°°°°°°°°^°°°~^~~°°^^°~°^^+°~^°°^*~ Get your mail wua. and the you want it with a secure Post Office Box. Sign up for a box online at uspm-cnm/noboxes. °°^°°^^**"~^*^^°^^^^°*^~^^°°^^°+~^+**^*° ^~^°^°°°w°°°^^^^°+°~°*^^^°°^^^°°^°~~°^^ .Bill#: 1000705504382 Clerk: 07 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER TELL U5 ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: htt»n;//poxtu\ax»erianw.com/Pqs Or -scan this code with your mobile device. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. DAVID S. GARRY Plaintiff, v. Defendant. CASE NO.: 14-3821 DEFENDANT'S BRIEF IN SUPPORT OF HIS PRELIMAI r� OBJECTIONS -v,; Z� • JURY TRIAL DEMANDER..�,? : PURSUANT TO Pa. R.C.P. 1007 c-) CERTIFICATE OF SERVICE David S. Garry, Defendant, hereby notifies this Court that proper service was completed by U.S. First Class Pre -paid mail to the Plaintiff and the Plaintiff's Counsel on August 14, 2014, to the following addresses: CAPITAL ONE BANK (USA), N.A. C/O Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford 120 North Keyser Ave. Scranton, Pa. 18504 David S. Garry 21 CAMP HILL POST OFFICE CAMP HILL, Pennsylvania 170119998 4134870011. -0098 08/14/2014 (717)737-1461 05:22:56 PM s�— Sales Receipt Product Sale Unit Final Description Oty Price Price Utility 1 $1.19 $1.19 Mailer 10.5" x 16" SCRANTON PA 18504 Zone -2 • $2.03 First -Class Mail Large Env 5.70 oz. Expected Delivery: Mon 08/18/14 Issue Postage: $2.03 Total: $3.22 Paid by: Debit Card $3.22 Account #: XXXXXXXXXXXX7024 Approval #: 505333 Transaction #: 738 23 903110005 Receipt#: 003444 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1 -800 -ASK -USPS. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxax xxxxxxxxxxxxxxxx Get your mail when and where you want it with a secure Post Office Box. 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