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HomeMy WebLinkAbout14-5782 2'OMW)bNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County OfCU('��Q(��n� FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. - S g Ov;1 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 zona(( 10q_ - Ko4n< ADDRESS OF APPELLANT CITY STATE ZIP CODE cLn -- �o , QA 110 DATEQFJUDGMENT ain an DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT (::�– - (fol %6— 6) ,It am This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No.100813. 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 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(-YIQW � EC,()0A'%()a LL-Q appellee(s),to file a complaint in this appeal N pellee(s) (Common Pleas No. --S U )within twenty(20)days after service of rule or suffer entry of judgment of non pros. r Signature of appellant or attorney or agent RULE: To`l'1'r�' �� ,( ��<�' appellee(s) ame or apps ee 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 this rule if service was by mail is the date of the mailin I [� Date: �oZ 20 Ct� ? I'i 1►.b r� � L9O (1r .J� 1 (1�) —� �tJe[. Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF-JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. The appellee and the magisterial district judge in whose office the ju,dgr�e� wa r m� l�reHrtmust be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A). l i u t► t, - OL MA AOPC 312-05 1 17 t> s`? COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MIDLAND FUNDING LLC C/o Hayt, Hayt & MDJ Name: Honorable Kathryn H.Silcox Landau,.LLC Address: 5275 East Trindle Road V. Suite 110 Leonard Beish Mechanicsburg,PA 17050 Telephone: 717-697-2201 Leonard Beish Docket No: MJ-09304-CV-0000252-2014 1505 Louisa Ln Case Filed: 7/22/2014 Mechanicsburg, PA 17050' Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304•CV-0000252-2014 MIDLAND FUNDING LLC c/o Leonard Beish Default Judgment for Plaintiff 09/08/2014 Hayt,Hayt&Landau, LLC Judgment Summary Participant Joint/S6veral Liability Individual Liability Amount . Leonard Beish $0.00 $4,854.14 $4.854.14 MIDLAND FUNDING LLC c/o Hayt,Hayt& $0.00 .$0.00 $0.00 Landau,LLC- Judgment Finding (•Post Judgment) . ._ - In the matter of MIDLAND FUNDING LLC c/o Hayt, Hayt & Landau, LLC vs. Leonard Beish on.MJ709304-CV-0000252-2014, on 9/08/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liabili Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,688.64 $4,688.64 Filing Fees $0.00 .$158.50 $158.50 Costs $0.00 $7.00 $7.00 Grand Total: $4,854.14 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. i S Date The Honorable Silcox -sv-tax° certify that this is a true and correct copy of the record of the proceedings containing the judgment. t Date Magisterial District Judge- MDJS 315 Page 1 of 2 Printed:09/08/2014 1225:53PM .. MIDLAND FUNDING LLC c/o Hayt; Hayt& Docket No..MJ-09304-CV-0000252-2014 Landau, LLC V. Leonard Beish . :. Participant-List Plaintiff(s) MIDLAND FUNDING LLC c/o Hayt, Hayt&Landau,LLC 123 S. BROAD STREET SUITE 1660 PHILADELPHIA, PA 19109 Defendant(s) .Leonard Beish ..1505,Loui6a.Ln Y Mechanicsburg,PA 17050 Complainant's"Attorney(s) Arthur Lashin,Esq. Hayt,Hayt&Landau,LLC 123 S. Broad Street Suite 1660 Phitadeiphia, PA 19109-1003 MDJS 315 Page 2 of 2 Printed:09/08/2014 12:25:53PM t:ILLO-Or OF THE PROTHOMTARY 20140CT 10 PM 1:54 CUMBERLAND COUNTY PENNSYLVANIA 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 c....cnortoncA ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served E6 L1-0'-ae a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service)t0 , 20 t* -4 , 0 by personal service iti by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) '9 , on k01, 20 ) (---k 0 by personal servic sender's receipt attached hereto. (SWOM (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 7) DAY OF CCLA , 20 ILA (1- X thic) P Signature of official before whom affidavit was made LiVo ok-nn\Q-y- Titlej2LOfficial My commission expires on 20 (0 AOPC 312A-05 by (certified) (registered) mail, Signature o affiant COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gretchen T. Giles, Notary Public Somerset Boro, Somerset County My Commission Expires Oct. 15, 2016 44:A Assoc:Anon of NOTARIES ti ru U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit onr website at www.usps.come m f1J Postage ru Certified Fee Return Receipt Fee (Endorsement Required Restricted Delivery Fee O (Endorsement Required) r-4 Postmark 4 Here 7 • Total Postage& Fees N 0 m ru c0 m 10/07/2014 PS Form 3800, August 2006 See Reverse for Instruction U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 02 T Postmark ?Here 07/20119 PS Form 3800, August 2006 11 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. 497544 IITTI -7 CUHrj Pf� 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 -5782 -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 warned 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 poginas siguientes, usted tiene veinte (20) digs, de plazo al patir de la fecha de la demands 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 tomardmedidas y puede continuer la demanda en contra suya sin previa aviso o notificacibn. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de este demanda. Usted puede perder dinero o sus propledades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 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. r 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§ CITIBANK, N.A. account 8700 (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 $4688.64 as of 2014-10-21. WHEREFORE, Plaintiff respectfully requests that judgment be entered in fav! of ' laintiff and against Defendant(s) in the amount of $4688.64, together with costs of his . tion. LAW OFFICES OF HAYT, HAYT & LA 7is ., LLC By Arthur Lashin, squire #23425 Attorney for Plaintiff 1111111111111 8562434218 Page - 1 AFFINDEBT ®f_ ®I�IH44001IDOI�I 4975 11 Midland Credit Management, Inc. mcm8875 Aero Drive Suite 200 San Diego, CA 92123 Leonard C Belch 1505 Louisa Ln Mechanicsburg. PA 17050-7281 rPlrImillY r^d11U lUhI 111110 I r4dPb4hll 01-01.2014 agtikrAgAl' 8562434218 06143 Midland Funding LLC '• tn'aCCiedCtat, .-;:a .C.. •` Citibank, NA. 54,808.87 nfikY. 02-15.2014 Call (800) 265-8825 Dear Leonard, On 12-19-2013, your Citibank, NA 1 The Home Depot account was sold to Midland Funding LLC. and Midland Credit Management, Inc. (MCM), a debt collodion company, will be collecting on, and servicing your acoounL Midland Credit Management, Inc. is considering forwarding this account loan attorney in your slate for possible irrigation. However, such lonoarding w61 not occur until after the expiration of the time period described on the back of the letter. Upon receipt of this notice. please call to discuss your options. If we dont hear Nan you p receive payment by 02-15-2014, we may proceed with forwarding this account 10 en attorney, What do you need to do to stop this process from continuing? 1) Mail in 5500.00 end call le eat up your remaining payments. 2) Call us to see how to qualify for discounts and payment plans. LET US HELP YOUI 0 the account goes to en attorney, Our flexible options may no bnger be evailable to you. There still is an opportunity to make arrangements wire us. We encourage you to call us: (800) 265.0825. Sincerely, Recovery Department Midland Credit Management, Inc. (800) 265-8825 This account may stlf be reported on your credit report es unpaid. Federal few prohibits certain methods of debt Cdtection. and requires Nen we Gael you fairly, you can sop us from coreaclkta you by writing a loner to us Mer robs us to slop the confect or Nal you refuse m fay the debt. Sending such a serer does not make the debt oro away 0 you owe 0. Once we receive your lottek we may not contact you earn except to lel you know Mel Mere .tint be err more COreacr W Incl we !Mend to rake e sp circ 004an. rl you 6000 a coog ea nl about Me way we em co0ec0ng 01s debt. Phase write us al 8875.8000015,05040200. Sen Dieao, CA 92123, amain ua el .tam endcef@ m r=.rr o<all us toe -free el 1.800-825.8I31 between M - 11 Gem - 7:319011; Fri Dann - Spm; Sat Sant -11001 Mountain Time. The Federal Trade Commission enforces the Pah Debt Colectbn P18060es Act (FDCPA). If you have a complaint about Me cony we ere 0Ooclaro your debt. please contact the FTC online et tnw.ftc oor by pion et1-877-FTC-HELP; or by mea 01600 9 Pennsylvania Ave. N.W., Washington D.C. 20580. BENEFITS OF PAYING Your last with us cunt goes to Brest wet your account. sic ti bf tlrN debt and t{roit your 1!110. 1Is paid. Con calls and is recount will ng your twilit will consider PAID IN FULL major credit inotes will be Ingly. CALL US! 0100) 265-8825 PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION Homs of Operettas: pay Online at M-The0m-7:3000' • tj0 Call; Fri Gam - 5pm (800)265.8825 wvn.mkriandcredilantine.o0m Sot 6am-Item MST Payment Certificate Prem. tsar 08 and 'alum kreef portion 7h payment in the ,nve+epa provld0d Payment Certificate mcm 01-01-2014 Midland Credit Management. Inc. 8875 Aero Drive Suite 200 San Diego. CA92123 Leonard C Beish 1505 Louisa Ln Mechanicsburg, PA 17050-7281 STATEMENT MCM Account A: 8562434218 Previous Balance: 54,688.64 Original Account 9: fallifillial8700 Interest Rate: 6% Statement Date: 01-01-2014 Due Date: 02-15-2014 Accrued Interest $12023 Current Owner. Midland Funding LLC Original Creditor. Citibank, NA Current Balance: 54,808.07 Due Date Date Received Transactions Amount 02-15-2014 01-01.2014 The above -referenced account was purchased by Midland Funding LLC and Is serviced by Midland Credit Management. Inc. ("MCM'). The balance of $4,808.87 is due 110W. Please direct all correspondenm to: Midland Credit Management, Inc. 88San Diego, Drive,Aare 21930 200 54,80887 Currant Balance: 54.808.87 Neese understand this Is a communication from a debt collector. This Is an attempt to collect a debt. Any Information obtained w111 be used for that purpose. EXI-II1IT A LT IV J Important Disclosure Information: Please understand this is a communication from a debt collector. This Is an attempt to collect a debt. Any Information obtained will be used for that purpose. Calls to and/or from this company may be monitored or recorded. The records associated with the Citibank, NA account purchased by Midland Funding LLC, reflect that you am obligated on this account, which is in default. As of the date of this letter, you owe the amount listed in this letter as Current Balance. The offer In this tetter to settle your account remains open until 02-15-2014. 8 we do not receive your payment by 02-15-2014, the amount you owe may be greater because of interest that may vary from day to day. In the event you fail to complete arrangements, interest will be applied from the date it was stopped and added to the Current Balance. To obtain an exact payoff amount, or for further information. please cat one of our Account Managers at (800) 265-8825. As the owner of this account, but subject to the rights described below. Midland Funding LLC is entitled to payment of this account. At communication regarding this account should be addressed to MCM and not the previous owner. Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any portion thereof, MCM will assume this debt to be valid. 8 you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed, MCM will obtain verification of the debt ore copy of a judgment (if there is a judgment) and MCM will mail you a copy of such verification or judgment. If you request. in writing, within thirty (30) days after receiving this notice. MCM will provide you with the name and address of the original creditor. If an attorney represents you with regard to this debt, please refer this letter to your attorney. Likewise, if you are involved in an active bankruptcy case, or 8 this debt has been discharged in a bankruptcy case, please rete this letter to your bankruptcy attorney so that we may be notified. Please remember, even if you make a payment within thirty (30) days after receiving this notice, you still have the remainder of the thirty (30) days to exercise the rights described above. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency If you fail to fulfil the terms of your credit obligations. RETAIN THE FOLLOWING ADDRESS INFORMATION FOR YOUR RECORDS: Communications concerning disputed debts, including an Instrument tendered as full satisfaction of a debt, are to be sent to: 8875 Aero Drive. Suite 200, San Diego, CA 92123: Attn: Consumer Support Services. MAIL PAYMENTS TO: P.O. Box 60578. Los Angeles, CA 90060-0578 MAIL CORRESPONDENCE BUT NO PAYMENTS TO: 8875Aero Drive. Suite 200, San Diego, CA 92123 MAIL CREDIT REPORTING CORRESPONDENCE TO: MCM CREDIT REPORTING DEPARTMENT. 8875 Aero Drive, Suite 200, San Diego, CA, 92123 We are required under state law to notify consumers of the following rights. Thlslist does not contain a complete list of the rights consumers have under state and federal law: IF YOU LIVE IN COLORADO, THIS APPLIES TO YOU: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW COLORADOATTORNEYGENERALGOV/CA A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication wit not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. Midland Credit Management has a Colorado office with the following address and telephone number. 80 Garden Center, Suite 3, Broomfield, CO 80020. Telephone number. (303) 920-4763. Only physical In-person payments may be accepted at this office location. All payments made via mall should be sent to the following address: P.O. Box 60578, Los Angeles. CA 90060-0578 IF YOU LIVE IN MASSACHUSETTS, THIS APPLIES TO YOU: NOTICE OF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN (10) DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POST MARKED OR DELIVERED WITHIN SEVEN (7) DAYS OF SUCH REQUEST YOU MAY TERMINATE THIS REQUEST BY WRITING TO MIDLAND CREDIT MANAGEMENT, INC. IF YOU UVE IN NEW YORK CITY, THIS APPUES TO YOU: New York City Department of Consumer Affairs License Number 1140603, 1207829. 1207820, 1227728 IF YOU UVE IN NORTH CAROLINA, THIS APPLIES TO YOU: North Carolina Department of Insurance Permit #101659. #4182, #4250, and #3777. Midland Credit Management, Inc. 8875Aero Drive, Suite 200, San Diego, CA 92123 IF YOU LIVE IN TENNESSEE, THIS APPLIES TO YOU: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. IF YOU LIVE IN CALIFORNIA. THIS APPLIES TO YOU: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part. collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities. you may contact the Federal Trade Commission at 1 -877 -FTC -HELP or (tl(g:l/vnvw.ftc.gny. 'Nonprofit credit counseling services may be available in the area' As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit-reporting agency it you fail to fulfill the terms of your credit obligations. IF YOU LIVE IN UTAH, THIS APPLIES TO YOU: As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted toe credit reporting agency if you fail to fulfill the terms of your credit obligations. IF YOU LIVE IN WYOMING, THIS APPLIES TO YOU: As required by law, you are hereby notified that a negative credit report on your credit record may be submitted to a credit reporting agency 8 you fail to fulfill the terms of your credit obligations. Verification Emily Persons, 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 plaintiffs 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. OCT 242014 Date PA10 Hayt, Hayt & Landau, LLC Emily Persons II l® 8562434218 III 11 Page - 2 U1II ll iI III n D � i0i 11III ll U AFFINDEBT 1111111111IIII�QIIIlIIl1111 49754400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant CIVIL ACTION -LAW • NO: 14-5782 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 Cil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. NO: 14-5782 CIVIL LEONARD BEISH Defendant • • 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. Date v, 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: 14-5782 CIVIL PRELIMINARY OBJECTIONS 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 CIVIL ACTION -LAW v. NO: 14-5782 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 $4,688.64. 2. Plaintiff's Complaint was not properly served under Pa.R.C.P. 1028(a)(1). 3. Plaintiff's Complaint fails to conform to law or rule of court under Pa. R.C.P. 1028(a)(2). 4. 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)(1) 5. Plaintiff's Complaint was never served on the Defendant. 6. Defendant appealed this from the Magisterial District Court to the Court of Common Pleas. 7. Upon appeal, Plaintiff apparently failed to file its Complaint within the time allowed. Therefore the Defendant sent in for judgment of non pros which was rejected because apparently a Complaint was filed, but never served on the Defendant. 8. As a result, Plaintiff's Complaint was never properly served and therefore should be struck pursuant to Pa.R.C.P. 1028(a)(1). Objection II Pa.R.C.P. 1028(a)(2) 9. Defendant files the following objections to preserve his rights. Even though Defendant has not seen the Complaint he has filed the following objections in anticipation of the Complaint filed. He reserves the right to withdraw/modify these objections. 10. The Plaintiff alleges to have purchased the alleged account from Citibank.. 11. The bill of sale attached to the Complaint does not show that this individual alleged account was in fact purchased by the Plaintff. 12. 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. 13. The problem here is the bill of sale makes no mention whatsoever to the alleged account. 14. 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. 15. 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) 16. 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. 17. Pa. R.C.P. 1019(0 requires that averments of time, place and items of special damages shall be specifically stated. 18. Plaintiff in this matter claims that the Defendant opened and used a credit account issued by Plaintiff. 19. Plaintiff has not attached a single statement to its Complaint. 20. The Complaint has failed to plead the various transactions and purchases which resulted in the alleged debt due. 21. Pursuant to Pa.R.C.P. 1019(0 Plaintiff has failed to provide information of the time and places any items were allegedly bought on the credit card. 22. 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. 23. Plaintiff has also failed to provide documentation of any cash advances made by Plaintiff. 24. 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. 25. 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. 26. Furthermore, Plaintiff basis its claim on an alleged agreement. 27. Plaintiff has failed to specify whether the agreement is oral or written as required under Pa.R.C.P 1019(h) 28. 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). 29. This lack of a writing is not sufficient under Pa.R.C.P. 1019(i). 30. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW v. NO: 14-5782 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 November 21, 2014. I declare under penalty of perjury that this information is true. Date: November 21, 2014 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. NO: 14-5782 CIVIL LEONARD BEISH Defendant 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: 14-5782 CIVIL 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 Robert Klingensmith Attorney for Defendant 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 c_ 3. I will notify all parties in writing within two days that this case has heenalIsted•'. for argument. 4. Argument Court Date: Jarneary-±6, 2015 BY: Dated: 11-20-14 pe,, a E►y Robert Klingensmit , 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. 0144 CAAIuskgb SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff T4 :, I fiOHO IA Jody S Smith Chief Deputy Richard W Stewart Solicitor o,FT:,.c4th 2011i NOV 26 All I I: 23 CUMBERLAND COUNTY PENNSYLVANIA Midland Funding, LLC vs. Leonard Beish Case Number 2014-5782 SHERIFF'S RETURN OF SERVICE 11/19/2014 04:40 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves t the Defendant, to wit: Leonard Beish at 1505 Louisa Lane, Hampden Township, Mecha '• ;♦;ag, P 7050. SHERIFF COST: $39.30 November 21, 2014 (c) Coun. vSuite Shuntt. Tolr:oseit inc. SHV HARRI •N, DEPUTY SO ANSWERS, RON6 R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, MIDLAND FUNDING, LLC Plaintiff CIVIL ACTION -LAW � (5' © dD y PENNSYLVANIA v. LEONARD BEISH Defendant NO: 14-5782 CIVIL MOTION FOR CONTINUANCE 1. This matter is presently scheduled for argument on Defendant's Preliminary Objections on December 19, 2014 2. This matter has not been previously rescheduled. 3. Counsel for Defendant requests the above -captioned matter be continued. 4. The reasons for this requested continuance are as follows: Defendant's Counsel has a conflict in his schedule. 5. All parties or their Attorneys have been made aware of the presentation of this motion and have responded as follows: Arthur Lashin, Esq., has no objections. Attorney for Defendant ORDER OF COURT AND NOW, this day of 20 upon consideration of the within Motion, it is hereby ORDERED and DIRECTED that the above matter be continued to the day of 20 ,at o'clock .m. in Courtroom number BY THE COURT Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC Plaintiff v. LEONARD BEISH Defendant • CIVIL ACTION -LAW NO: 14-5782 CIVIL CERTIFICATE OF SERVICE I served this Motion for Continuance 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 December 2, 2014. I declare under penalty of perjury that this information is true. Date: December 2, 2014 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. NO: 14-5782 CIVIL LEONARD BEISH Defendant MOTION FOR CONTINUANCE 1. This matter is presently scheduled for argument on Defendant's Preliminary Objections on December 19, 2014 2. This matter has not been previously rescheduled. 3. Counsel for Defendant requests the above -captioned matter be continued. 4. The reasons for this requested continuance are as follows: Defendant's Counsel has a conflict in his schedule. 5. All parties or their Attorneys have been made aware of the presentation of this motion and have responded as follows: Arthur Lashin, Esq., has no objections. o d„, Attorney for Defendant ORDER OF COURT AND NOW, this 1 1'day of)).fleetrtf2pr 20 i , upon consideration of within Motion, it is hereby ORDERED and DIRECTED that the above matter be continued to the day of .T 20 ( ,at9 .Cgo'clock -A .m. in Courtroom number C6 fcs trz.iLL, A 6. R-} t2. KeV/ y t�;,��,,�,r;,-I�, VIN VAl) SUN3d _LNflO l c v i8281.ano flS _8 t d 6.. 33j E,I 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: 14-5782 CIVIL CERTIFICATE OF SERVICE I served this Motion for Continuance 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 December 2, 2014. I declare under penalty of perjury that this information is true. Date: December 2, 2014 Nticikr) 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