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HomeMy WebLinkAbout07-0108iCOMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. opt - 14fp G V L 17ilLLn 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Palisades Collection, L.L.C. 09-1-01 ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o Wolpoff & Abrasmon, L.L.P. 4660 Trindle Rd-Suite 300 Camp Hill, PA 17011 12/14/06 Jon Dezagottis vs. Palisades Collection HIS :?ORNEYOR AGENT ULAIM NV. CV YEAR 642-06 SIGNATURE OF PER LT YEAR Andrew C. Spears, Esquire This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. gna re o ro or epu If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jon Dezagottis , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. /O 0? ) within twenty (20) days after service of rule or ffer try of judgment of non pros. l?tU6? Signature of appellant or his attorney or agent Andrew C. Spears, Esquire RULE: To Jon Dezagottis Name of appellee(s) 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Dated 1J 0 ", , Year c2T Signature of Prothonotary or D uty/ v White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year [:]by personal service Qby (certified)l (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , 1:1 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year , ? by personal service [:]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of Affiant Signature of official before whom allidavit was made Me of official My commission expires on , year ? N w?" Q ? CW C O +.t f'1"1 C'f a 3s Z x CD * C C 1 60MMONWEALTH OF PENNSYLVANIA rnl wTv niz• CMI BZRLUM Mag. Dist. No.: 09-1-01 MDJ Name. Non. CMLE8 A. CLEI W, JR Admass: 400 BRIDGE ST OLDS TOtltt>8E COMONS -SUITE 3 NEW C171MIRLAND, PA TNepnon.. (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rDEYJ?GOTTIS, JON 1716 BRIDGE STRZET NEW CIMERLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS rPALISADEB COLLECTION 210 SYLVAN AVE BNGE6XWOOD, NJ 07632 PALISADES COLLECTION L J 210 SYLVAN AVE Docket No.: CV-0000642-06 ERGELENOOD, NJ 07632 Date Filed: 11115106 THIS IS TO NOTIFY YOU THAT: Judgment: DZIFX0 T JU.DQ,MMT PLTF (Date.of Judgment) 12/14/06 M Judgment was entered for: (Name) DEZAGOTTIS, JON ® Judgment was entered against: (Name) PALISADES COLLECTION in the amount of $ 1, 074.0 Defendants are jointly and severally liable. Ej Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,000.00 Judgment Costs $ 7T-.O Interest on Judgment $.00 Attomey Fees $ -00 Total $ 1, 074.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY RUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE 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 JUDGEMENT 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. DEC 14 togsDate I certify that this is a true and correct copy of the record of the Date My commission expires first Monday of January, 2008 Magisterial District`Judge gs containing the judgment. , Magisterial District Judge SEAL AOPC 315.06 DATE PRINTED: 12/15/06 10:11:00 AN TM t?,. RECEIPT 001-1 rwe Coverage ProvNeo Ln l - M{{ U-I 4 ...._.-_ ._ . ...-.. - _ postage `r Certified Fee Y !! Return Receipt Fee 6 t d (E V q? {?? P He tH n orsemen Required) Restricted Delivery Feo ??J FU (Endorsement Requiredl r-O r-'a Total Postage & Fees ti U-) r- a m Lr) M Postage O Certified Fea Return Receipt Fee ?? ~ (Endorsement Required) P ? ? ark C'•, we O Restricted Delivery Fee rU r (Endorsement Required) r- -' !( Total Postage & Fees Is u°I O Sent T 0 Sent TO r. - or PO Box N Z " or PO Pox No L___-- ?, t r D_-- ----- .SQ. cry were. ?w. a - )r. Stara, ziP? e (!x !'? `? O :rr June 2002 See Reverse for instructions PS Form 3800. June 2002 See Reverse for Instructions 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?UL%je r N LQ 11 t ; ss AFFIDAVIT: I hereby swear or affirm that I served ?0g 4? a copy of the Notice of Appeal, Common Pleas N0.017-- o. ? f / Vi'SM upon the District Justice designated therein on (date of service)© year or-, by personalrserviceoby (certified) (registered) mail, sender's recel t attached hereto, and upo the appellee, (name Z f+7' n on -T Ne 114 , year gcm??_, 13 by personal service 9 by (ce ified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on Q ?t? year 0jf4lD"`7 by personal service Xby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS I Do-' OF YEAR y? . 4-vir DAY Signature of Alfiant Sign re of official before who ffidavd was made ?-;ONIIVIONWEA?-TH OF PENNSYLVANIA Ti l f ffi l #- i t e o o c a Notarial Seal My commission expires onyear Kimberly L. Eisenhauer Not P 0 C, ?j , ary ublic i Hampden Twp., Cumberland County ? ? My Commission Expires Nov. 17 2009 , "ember, Pennsylvania Association of Notaries _ M -T r]C 17 r^ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Y 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. P:a1isade.7 Cc;3-1"cticn, L.:".C. I( 09-1-03 ADDRESS OF APPELLANT CITY STATE ZIP CODE .r, rip E` 11, F.? 17 0 t 3 i Els! `:T'.C C . i . _P 4a60 Tr.i. [j L .,,oo C A DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 1',,'/14/06 TOT'1 .llE '`l?F)t:f i.`3 vs. S ORNEYOR AGENT CLAIM NO. SIGNATURE OF r PEL NTOR H^I' CV YEAR 642'-06 LT YEAR fzi;S"`?, ?3Ctl.i.T°F'. f This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6))in aption before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. na ure ro ono ry or Deputy' 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 dateQf`service of this rile 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 WILL BE ENTERED AGAINST YOU UPON PRAIGIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date,JL A...) *.. ,Year C__ Signature of rothonotary or Deputy ` - White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 1"1SACVII C FV r-N 1 En RVLC J (This section of form to be used ONLY when appellant was DEFJt IF NOT USED, detach from copy of notice of appeal to be served i PRAECIPE: To Prothonotary NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT { I COMMON PLEAS No.? dT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. appellee. Enter rule upon Tc„n e.ztzgot.t i c appellee(s), to file a complaint in this appeal Name of appellee(s) y (Common Pleas No.,/-) within twenty (20) days after service of rule or ufferttry of judgment of non pros. Sign lure of appellant or his attorney or agent RULE: To uoi'- Dezagct.?_4_. Name of appellee(s) Jon Dezagottis, Plaintiff / Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Palisades Collection, L.L.C. NO. 07-108 Defendant / Appellant : CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLIANT AND now comes Plaintiff, Jon Dezagottis, who makes claim against Defendant as follows: 1. Plaintiff, Jon Dezagottis, is an adult individual residing at 1716 Bridge Street, New Cumberland, Pennsylvania, 17070. 2. Defendant, Palisades Collection, L.L.C. is a L.L.C. residing and/or doing business at 210 Sylvan Avenue, Englewood, New Jersey, 07632. 3. On or about February 28, 2005, Defendant sent a "Statement of Release of Claim" to Plaintiff. A true and correct copy of the Letter is attached hereto, as Exhibit "A" and made a part hereof. 4. Defendant continued to keep the credit item on Plaintiff's credit report and did not report to the credit bureaus the resolution of this matter as indicated by Exhibit "A". 5. As a result of Defendant not correcting the Plaintiff's credit report, Plaintiff sent Defendant letters to "Validate" the claim in accordance with the "Fair Debt Collections Practice Act, Section 809". 6. In response to Plaintiff's letters to validate the claim, Defendant responded by sending letters verifying yet not validating the claim in accordance with the Federal Debt Collection Practices Act, Sec. 809(b), Federal Trade Commission opinion letter Cass from Leferve, BOATLEY vs. DIEM CORP. and DENCEK No. CIV 03-0762 PHX-SMM US District Court for AZ. 7. As a result of the Defendant not rectifying Plaintiff's credit report and also not validating the claim, the Plaintiff then filed a civil compliant at Magisterial District 09-1-01 as a result of the Defendant's violation of the "Fair Credit Reporting Act, Section 623 (a) (8)". A true and correct copy of the Civil Compliant is attached hereto, as Exhibit "B" and made a part hereof. 8. Defendant has failed to comply with the Statement of Release of Claim. 9. Defendant has failed to validate the claim. 10. THEREFORE, Plaintiff asks the court to uphold the Magisterial District Judge's judgment for the Plaintiff, as is in accordance with The Fair Debt Collection Practices Act, Section 813. A true and correct copy of the MDJ's Notice of Judgment /Transcript Civil Case, CV-0000642-06 is attached hereto as Exhibit "C". Respectfully submitted, By: Appellee / Plaintiff, Jon Dezagottis Date: February 2 007 - IlilUlYa?WIIUI11I11UI1111UUlIIUIIU Paragon Way, Inc. formerly TxCollect, Inc. dba CTI • 2101 W ; Ben White Blvd, # 103, Austin, TX 78704 PO Box 160758 Hours of Operations..(CST) M - Th. 8 a.m. - 9 p.m., Austin TX 78716-0758 Fri. 8 a.m. - 6 p.m., Sat 8 a.m. - 2 p.m. Toll Free (866) 591-8265, Local (254) 953-1731 PERSONAL AND CONFIDENTIAL Date: February 28, 2005 Ref #: 2192756 Bank: AT&T WIRELESS Account #: 015900002001888788 JON DEZAGOTTIS 2192756 Client: Palisades Collection, 1716 RIDGE ST. L.L.C.. NEW CUMBERLAND PA 17070 Client#: 9201386 Statement of Release of Claim Dear Jon Dezagottis, For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Paragon Way, Inc. formerly TxCollect, Inc. dba CTI, on behalf of our client, has agreed to settle.the, natter of the outstanding balance previously due and owing on the above referenced account. Your payment, which has been received and credited to your account, constitutes your full and final payment. You are now discharged from any and all claims, actions, causes of action, and liabilities of any kind arising in connection with the account noted above. Name: Larry Vasbinder Acting Agent for Client THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A.CONSUMER DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. = DOMMONWEALTH OF PENNSYLVANIA (rr)i INTV nF• CUMBERLAND Mag. Dist. No.: 1 09-1-01 MDJ Name: Hon. C ARLES A. CLEKENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA 17070 Telephone: (717 ) 774-5989 AMOUNT FILING COSTS $ 65-SO POSTAGE $S? SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ . 0-0 DATE PAID ? r CIVIL COMPLAINT PLAINTIFF: NAME DRESS LPHONE FAX/ DEFEN ANT NAME and AQ «_cj??/,r.. 7?z PxoN J Docket No.: 0 V- Va2-06 Date Filed: Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff (s) asks judgment against you for $ ?l/C! together with costs upon the following clai ivil fines must include c't tion of tfie statute or ordinance violated): verify that the facts set forth in this complaint are true and correct to the best of my knows e, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authoriti (Signature of Plaintiff or Authorized Agent) Plaintiff's Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. if you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05 . , • -COMMONWEALTH OF PENNSYLVANIA PrIUNTY OF: CIIM$ERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon, CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE-COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 JON DEZAGOTTIS 1716 BRIDGE STREET NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF NOTICE OF JUDGMENWRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rDEZAGOTTIS, JON .1716 BRIDGE STREET NEW CUMBERLAND' PA 17070 L J vS. DEFENDANT: NAME and ADDRESS rPALISADES COLLECTION 210 SYLVAN AVE ENGELEWOP , NJ 07,632. L J Docket No.: CV-0000642-06 Date Filed: 11/15/06 44 (Date of Judgment) 12/14/06 ® Judgment was entered for: (Name) DEZAGOTTIS, JON ® Judgment was entered against: (Name) PALISADES COLLECTION in the amount of $ 1,074.00 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 1,000.00 $ 74.00 $ .00 $ .00 $ 1,074.001 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT1TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. DEC 14 2006 Date , Magisterial District Judge % I certify that t ' a true and correct copy of the record of the proceedings. con Date Magisterial District Judge My commission expires first Monday of January, 2008 SEAL AOPC 315-06 DATE PRINTED: 12/15/06 10:11:00 AM {? -....t . --e3 --i ... . - ?.. 3,,... yi.w..Z ? ? ?4? 4 +? ?ri ? f ? - I ... . =;?,?A _ r °' ._..t ?'"? ?- • .. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) JON DEZAGOTTIS (Plaintiff) VS. PALISADES COLLECTION, LLC No. 108 , 2007 Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc): Preliminarv Obiections 2. Identify counsel who will argue cases: (a) for plaintiff: (Name and Address) (b) for defendant: David R Galloway (Name and Address) 4660 Trindle, Rd., Ste 300 Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: (Defendant) David R 'Gallowa Print your name Defendant Date: May 25, 2007 Attorney for x ??_ ? -?? ?,? t _. ,,.r, y ^l ,,q ' ? " ?? ?_" C.;. t`? '? ? ?a N :? ? ? David R. Galloway Attorney ID No. #87326 Wolpoff & Abramson, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6751 dra@wolpofflaw.com PALISADES COLLECTION, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JON DEZAGOTTIS, CIVIL DIVISION Plaintiff V. NO. 07-108 PALISADES COLLECTION, LLC, Defendant DEFENDANT PALISADES COLLECTION, L.L.C.'s, PRELIMINARY OBJECTIONS TO PLANTIFF'S COMPLAINT TO PLAINTIFF: JON DEZAGOTTIS. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE WIHTIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, this day of May, 2007, comes Defendant, Palisades Collection, LLC, by and through its attorneys, the law firm of Wolpoff & Abramson, L.L.P., and files the within Preliminary Objections and in support avers as follows: 1. Plaintiff initiated the above action by filing a complaint against Palisades Collection, LLC, (hereinafter "Palisades") with Magisterial District Judge Charles A. Clement, Jr., on November 15, 2006. 2. A Transcript Judgment was entered on or about December 14, LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN WE PRACTICE OF DEBT COLLECTTON 4660 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 717-303.6700 2006, and an appeal was timely filed with this Court on January 12, 2007. 3. Following the appeal, Plaintiff filed a Complaint with the Prothonotary on or about February 2, 2007, however, said Complaint was never served by Plaintiff. A copy of the Complaint is attached hereto as Exhibit "A." I 4. Defendant obtained a copy of the Complaint via the Court's on- line docket. Count I. Improper Venue - Pa.R.Civ.P.1028(a)(1) 5. Paragraphs 1 through 4 are incorporated herein by reference as if fully set forth. 6. Pa.R.Civ.P. 1028(a)(1) allows a party to file preliminary objections if venue is not proper. 7. Defendant is a Limited Liability Company organized under the laws of the State of Delaware with a principal place of business at 210 Sylvan Avenue, Englewood, New Jersey. 8. Pursuant to Pa.R.Civ.P. 2179(a)(1) the cause of action neither accrued in Cumberland County nor does Defendant conduct business in Cumberland County. 9. Because the cause of action did not accrue in Cumberland County and because Defendant does not conduct business in Cumberland County, venue is improper. WHEREFORE, Defendant Palisades Collection, LLC, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, and enter such other order as is equitable and just. Count II. Failure to Serve Complaint - Pa.R.C.P.1028(a)(1) 10. Paragraphs 1 through 9 are incorporated herein by reference as if fully set forth. 11. Pursuant to Pa.R.Civ.P. 1028(a)(1) allows a party to file LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 717-303-6700 preliminary objections if service of the Complaint was improper. 12. Pursuant to Pa.R.Civ.P. 440(a)(1), copies of all legal papers other than original process filed in an action or served upon any part to an action shall be served upon every other part to the action. 13. By failing to serve the Complaint, Defendant violated Pa.R.Civ.P. 440(a)(1). WHEREFORE, Defendant Palisades Collection, LLC, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, and enter such other order as is equitable and just. Count III. Failure to Attach Notice to Defend - Pa.R.Civ.P.1028(a)(2) 14. Paragraphs 1 through 13 are incorporated herein by reference as if fully set forth. 15. Pursuant to Pa.R.Civ.P. 1028(a)(2) allows a party to file preliminary objections if a party fails to comply with a rule of court. 16. Pa.R.Civ.P. 1018.1 requires that every Complaint begin with a notice to defend. 17. Plaintiff failed to begin his Complaint with a Notice to Defend. WHEREFORE, Defendant Palisades Collection, LLC, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, and enter such other order as is equitable and just. Count IV. Failure to Attach Writing - Pa.R.Civ.P.1028(a)(2) 18. Paragraphs 1 through 17 are incorporated herein as if fully set forth. 19. Pa.R.Civ.P. 1019(a) requires a party to attach a copy of the writing if the party's claim or defense is based upon a writing. 20. In Paragraph 6 of the Complaint, Plaintiff references letters he sent to Defendant to validate a claim in accordance with the Fair Debt Collection Practices Act. 21. Plaintiff did not attach the letters he sent to Defendant. Pursuant to LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRAC77CE OF DEBT COLLEC77ON 4860 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 717-303.6700 Paragraphs 6 and 7 of the Complaint, said letters give rise to Plaintiff's Fair Debt Collection Practices Act and Plaintiff's Fair Credit Reporting Act causes of action. WHEREFORE, Defendant Palisades Collection, LLC, respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, and enter such other order as is equitable and just. Respectfully submitted, Wolf & ABRAMSON, LLP LAW OFFICES WOLPOFF & ABRAMSON, LLP. ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION 4880 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 717-303-8700 By David R. Gallo ay Attorney ID No. 7326 Wolpoff & Abrams, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6751 Counsel for Defendant W&A No. 171862270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JON DEZAGOTTIS, CIVIL DIVISION Plaintiff V. NO. 07-108 PALISADES COLLECTION, LLC, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Preliminary Objections has been served upon Plaintiff by First Class Mail, Postage Pre-Paid, a copy thereof on this Qduday of May 2007, to: Mr. Jon Dezagottis 1716 Bridge Street New Cumberland, PA 17070 ??l David R. Gallow Attorney ID No. 87326 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6751 Counsel for Defendant W&A No. 171862270 LAW OFFICES WOLPOFF & ABRAMSON, L.L.P. ATTORNEYS IN THE PRACTICE OF DEBT COLLEC77ON 4880 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 717-303-8700 Cb b © Q i 'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JON DEZAGOTTIS, CIVIL DIVISION Plaintiff V. NO. 07-108 PALISADES COLLECTION, LLC, Defendant ORDER AND NOW, this day of , 2007, upon consideration of Defendant Palisades Collection, LLC's, Preliminary Objections to Plaintiff's Complaint and Plaintiff's response thereto, it is hereby ORDERED that said Preliminary Objections are SUSTAINED and Plaintiffs Complaint is DISMISSED WITH PREJUDICE. BY THE COURT: J. For Plaintiff: David R. Galloway Wolpoff & Abramson, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Defendant. Pro Se Mr. Jon Dezagottis 1716 Bridge Street New Cumberland, PA 17070 LAW OFFICES 'OLPOFF & ABRAMSON, L.L.P. 77ORNEYS IN THE PRACTICE OF DEBT COLLECTION 4660 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 717-303-6700 ? ? ? ,. \ i ?^t? 1 J p a „ta.-' `ZT ?' X 1 ?-, ?,f- . ?,. r '?.-?? L e _Yy y ?r ?_ _ . ?? - rn . /f. .?-p ' V JON DEZAGOTTIS, Plaintiff VS. IN THE COURT OF COMMN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, LLC, Defendant CIVIL ACTION - LAW NO. 07-108 CIVIL IN RE: PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT BEFORE HESS, OLER AND EBERT J.J. ORDER AND NOW, this day of July, 2007, the plaintiff having failed to appear for argument and having failed to file a brief, and it appearing that venue in Cumberland County is not proper, the preliminary objection of the defendant to venue in this case is SUSTAINED. There appearing to be no venue in Pennsylvania to which this matter may be transferred, the captioned action is DISMISSED. Jon Dezagottis, Pro Se 1716 Bridge Street New Cumberland, PA 17070 David R. Galloway, Esquire 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 For the Defendant M -7 ()I- rlm BY THE COURT, 0 1 :7, ?.!J Z 1 -E`ir t 0 a Z 3Hi '0