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HomeMy WebLinkAbout03-0406~Our File No. 162317 ATTORNEYS FOR PLAINTIFF ERiC M. BEPMAN, P. BY: Eric M. Berman, Esquire, I.I). BY: Ron Z. Opher, Esquire, I.D. 57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 ~X DISCOVER BANK c/o ERIC M. BERMAN, P.C. : 985 Old Eagle School Road, Suite 505 : Wayne, PA 19087 DAVID P PERKINS VICTORIA PERKINS COURT OF CQMMON PLEAS COUNTY (DF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term 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 entered against you by the court without further notice for any money claimed in this complaint or for any other claim or relief required 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 (DR TELEPHONE THE OFFICE SET FORTH BELOW OR FIND 0[~ WHERE ~DU CAN GET LEGAL HELP. AVISO Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abagado 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 tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. A demas la la corte puede decidir a favor del demandante y requiere que usted comp]_a con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA 0 SO NO TIENE EL DINERO SUFICIENTE DE P~AR 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. LAWYER REFERRAL SERVICE, (.,£UNTY~D OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE. CARLI~LE, PA 17013 Tel.: 800-990-!:1108 Our File No. 162;317 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z. Opher, Esquire, I.D. 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o ERIC M. BERMAN, P.C. : 986 Old Eagle School Road, Suite 505 : Wayne, PA 19087 : DAVID P PERKINS VICTORIA PERKINS COMPLAINT COURT OF COMMON PLEAS C.)UNTY OF .,UMBERLAND CIVIL AUTI JN Term 1. Plaintiff, DISCOVER BANK , is a DELAWARE STATE BANK licensed to do business in the Conm~onwealth of Pennsylvania with its place of business at 3311 MILL MEADOW DRIVE, HILLIARD, OH 43026. 2. The Defendant(s), DAVID P PERKINS VICTORIA PERKINS , resides at, 4 JAMES CIR , ~HIPtEN~BURG, PA 17~57-~165 3. There is due from the I)efendant(s) the stun of $5,219.81 for credit extended by Plaintiff to Defendant(s), acct. no. 6011300996001861, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff }sas made demand upon the Defendant(s) for payment of monies in the stun of $5,219.81 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) }sas failed and refused to pay the said sum or any part thereof. 5. All applicable credits, if any, }save been duly applied to Defendant(s) credit account. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $5,=1J 81 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff. Dated: SEPTEMBER 20, 2002 SPACE-AQ BY: RON Z. OPHER, Esquire Attorneys for Plaintiff VER!FI.,ATIt>N ROW Z. Or'HER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M. Berman, P.C,., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P.C., attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Co,nplaint as set forth therein are true and correct to the best of his knowledge, infor~nation and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 49(>4 relating to unsworn falsifications to authorities. ERIC P]'.~ BERMAN ,~SQU I RE Dated: SEPTEMBER 20, RON Z. 0PHER, ESQUIRE SPACE-AQ ATTORNEY: ACCOUNT NUMBER: BALANCE: CARDMEMBER (S): BERMAN 6011300996001861 $5219.81 DAVID P PERKINS VICTORIA PERKINS STATE OF OHIO COUNTY OF FRANKLIN K. Ray, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DISCOVER FINANCIAL SERVICES, INC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a true and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military service of the United States and is aresident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is tree and correct to the best of my knowledge. Sworn and Subscribed before me, This day of Friday, May 10, 2002. DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DAVID P. PERKINS VICTORIA PERKINS Defendants CIVIL ACTION - LAW NO. 03- 406 CIVIL ANSWER Defendants answer Plaintiffs Complaint as follows: Denied. Defendants are without sufficient information to form a belief as to the truth of Plaintiff's statement. Defendants are not familiar with a creditor institution or entity known as Discover Bank. 2. Admitted. Denied. Defendant Victoria Perkins has no recollection of entering into a credit ac, count or agreement through or with the Discover Bank jointly with David P. Perkins. It is denied that defendant Victoria Perkins is or was a party to the alleged credit account and proof is demanded. It is admitted that Defendant David P. Perkins was in the past extended credit by a number of financial institutions via accounts entitled "Discover Card" pursuant to written credit agreements entered into by David P. Perkins with the respective financial institutions. David P. Perkins has no record of such an agreement with Plaintiff Discover Bank. Plaintiff has not alleged the existence of such an agreement with either Defendant. Therefore, it is denied that Discover Bank is one of the entities which extended credit to David P. Perkins or Victoria Perkins and proof thereof is demanded. Plaintiff has not provided Defendants with any accounting or other statement in order to permit Defendants to determine the validity of an alleged claim that Defendants owe to Plaintiff the amount of $5,219.81. Therefore it is denied that Defendants David P. Perkins and Victoria Perkins owe the sum of $5,219.81 to Plaintiff Discover Bank and proof is demanded. = o Admitted in part and denied in part. Admitted that through civil complaint filed to the above Court and number "Plaintiff has made demand upon Defendant(s) for payment of monies in the sum of $5,219.81." Denied. Defendant's responses to paragraph 3 of Plaintiff's complaint are incorporated herein by reference as though they were set forth in their entirety. Denied. If it is established that Plaintiff Discover Bank is a valid creditor of one or the other of the Defendants, after reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegation that all credits have been duly applied to such account. Such information would be in the possession and control of Plaintiff. In addition to cash payments and merchandise credits which should have been applied to any such account, Defendants experience has been that Discover Card holders are entitled to earn bonus awards based upon purchases which can then be applied to any sums owed to the creditor. Wherefore, Defendants request that this Court dismiss Plaintiffs complaint and enter judgment in favor of the Defendants. Dated: February 26, 2003 DAVID P. PERKINS Pro Se 4 James Circle Shippensburg, PA 17257-2165 VICTORIA PERKINS Pro Se 4 James Circle Shippensburg, PA 17257-2165 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated' David P. Perkins, Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: o~--/,~ ~//~? Victoria Perkins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION - LAW VS. NO. 03-406 CIVIL DAVID P. PERKINS VICTORIA PERKINS Defendants Certification of Service I, David P. Perkins, do hereby certify that I served a true and attested copy of Defendants' Answer to Plaintiffs Complaint in the above-captioned matter upon the Plaintiff on February 27, 2003 by first-class mail, postage pre-paid, deposited in the United States Post Office, Shippensburg, PA 17257 addressed as follows: Eric M. Berman, Esquire ERIC M. BERMAN, P.C. 985 Old Eagle School Road Wayne, PA 19087 Date: February 27, 2003 David P. Perkins " SHERIFF'S RETURN - REGULAR CASE NO: 2003-00406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS PERKINS DAVID P ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PERKINS DAVID P the DEFENDANT , at 1850:00 HOURS, on the 7th day of February , 2003 at 4 JAMES CIRCLE SHIPPENSBURG, PA 17257-2165 by handing to DAVID P PERKINS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ~ ~ day of ~~ ~ A.D. l- t~rot honot ary ' So Answers: R. Thomas Kline 02/10/2003 ERIC BERMAN D ut , eri f ~' SHERIFF'S RETURN - REGULAR CASE NO: 2003-00406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAIqD DISCOVER BANK VS PERKINS DAVID P ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PERKINS VICTORIA the DEFENDANT , at 1850:00 HOURS, on the 7th day of February , 2003 at 4 JAMES CIRCLE SHIPPENSBURG, PA 17257-2165 DAVID P PERKINS a true and attested copy of COMPLAINT & NOTICE by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this ?~ day of ~ ~-3 A.D. ! ~rothonotary So Answers: R. Thomas Kline 02/10/2003 ERIC BERMAN Dep/ty Sherify IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL ACTION - LAW VS. NO. 03- 406 CIVIL DAVID P. PERKINS VICTORIA PERKINS Defendants DEFENDANTS' ANSWER TO PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS Defendants answer Plaintiff's Requests for production of documents as follows: 1. Correspondence from plaintiff's attorney copy attached. Plaintiffs request is too vague and overly broad for defendants to comply. Defendants have maintained checking accounts with a number of financial institutions plaintiff has failed to allege any date or range of dates for production of copies of cancelled checks. Without more specificity the costs to defendants for obtaining such information from financial institutions are unduly burdensome. Defendants have no bills or invoices in their possession. By way of further answer defendants do not normally make payments by money order and do not have any money order receipts in their possession. May 1, 2003 DAVID P. PERKINS Pro Se 4 James Circle Shippensburg, PA 17257-2165 VICTORIA PERKINS Pro Se 4 James Circle Shippensburg, PA 17257-2165 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: i'Y~, ~ ;;~ ~ .T.Z~J[ ~ "-'-~'~ ~ David P. Perkins, Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Victoria Perkins, Defendant Certification of Service I, David P. Perkins, do hereby certify that I served a true and attested copy of Defendants' Answer to Plaintiff's Complaint in the above-captioned matter upon the Plaintiff on May 2, 2003 by first-class mail, postage pre-paid, deposited in the United States Post Office, Carlisle, PA 17013 addressed as follows: Ron Z. Opher, Esquire ERIC M. BERMAN, P.C. 985 Old Eagle School Road Wayne, PA 19087 Date: May 2, 2003 David P. Perkins ERIC M. BERMAN P.C. April 1, 2003 David P. Perkins Victoria Perkins 4 James Circle Shippensburg, PA 17257 Sent via regular and certified mail RRR 7001 2510 0004 9455 3130 Re: ' Discover Bank vs. DAVID P PERKINS and VICTORIA PERKINS Docket No. 02t-406 Dear Mr. and 1VIrs. Perkins: Please furnish your responses to the enclosed Requests for Admission, Interrogatories and Request for Production Of Documents within 30 days of your receipt, to me, at the address below. If you have any proposal for voluntary resolution of this matter, I will certainly Share same with my client.. RZO:sm enclosures This communication is from a debt collector. Very truly yours, Ron Z. ~Opher, Esq. 985 Old Eagle School~Rd., Suite 505 · Wayne, PA 19087 · 610-902-0530 Michael W. Flannelly Morgan & Flannelly 35 East Philadelphia Street York, Pennsylvania 1740 Telephone: (717) 854-2822 Facsimile: (717) 854-6944 Web Address: www.flatmellylaw, com E-mail Address: flannellylaw~blazenet, net t~JO'~n M. Morgan Of Could April 10, 2003 David P. Perkins, Esquire MARK, WEIGLE AND PERKINS 126 East King Street Shippensburg, PA 17257-1397 Re.' Enjay Universal Enterprises, Inc, v. Neil Kamal, Inc. No. 98-SU-04111-08/98-NO-667-03 (Franklin County No. DSB-1998-204) No. 98-SU-04112-08/98-NO-0076443 (Franklin County No. DSB-11998-227) Dear Mr. Perkins, Enclosed is a copy of the Settlement Agreement, which was inadvertently not enclosed in the previous letter to you dated April 9, 2003. Very Truly Yours, MORGAN & FLANNELLY By: Michael W. Flannelly MWF/jas Enclosure DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DAVID P. PERKINS VICTORIA PERKINS Defendants CIVIL ACTION - LAW NO. 03- 406 CIVIL DEFENDANTS' ANSWER TO PLAINTIFF'S REQUESTS FOR ADMISSION Defendants answer Plaintiff's Requests for Admission as follows: Denied. After making reasonable investigation of the information known or readily obtainable by Defendants, Defendants deny that they owe at minimum $5,219.81 against the amounts set forth in Plaintiff's complaint. Defendants' responses to Requests for Admission paragraphs three and four are incorporated herein by reference as though set forth in full. Plaintiff has produced no documentation to support the allegation that Defendants entered into some type of credit agreement with Plaintiff Discover Bank. Plaintiff has produced no documentation of purchases or extensions of credit to defendants to support Plaintiffs claim of $5,219.81 and Defendants have no such documentation in their possession. Denied. Defendants have made reasonable inquiry and after making reasonable investigation of the information known or readily obtainable by Defendants, Defendants are unable to ascertain whether the claim set forth in plaintiff's complaint is a valid debt obligation of the defendants. If the alleged account set forth in plaintiffs complaint is a valid obligation of the defendants, the defendants have made numerous payments and are entitled to various credits on the many credit card accounts which defendants hold. Therefore, defendants reasonably believe that if plaintiff can establish the existence of a valid credit agreement and account defendants have a defense to plaintiff's claim of damages in the form of payment and credits paid to plaintiff which have not been included in the account of alleged damages claimed by plaintiff. Defendants have had at least 25 to 30 credit card accounts. A number of these accounts have been associated with the name "Discover" and "Discover Card" including: Discover Financial Services, Discover Card, Private Issue, and Discover Platinum. After reasonable investigation defendants are unable to confirm the existence of an account #,6011300996001861 entered into with Discover Bank. After making reasonable investigation of the information known or readily obtainable by Defendants, Defendants are Without sufficient information to admit or deny that defendants had such an account with plaintiff. Denied. Defendants have no record of applying for an account with plaintiff Discover Bank. Defendants responses to plaintiffs request for admission paragraph 3 are herein incorporated by reference as though set forth fully and in their entirety. Defendants responses to plaintiffs request for admission paragraph 3 and paragraph 4 are herein incorporated by reference as though set forth fully and in their entirety. After making reasonable investigation of the information known or readily obtainable by Defendants, Defendants are without sufficient information to admit or deny that defendants had such an account with plaintiff. May 1, 2003 DAVID P. PERKINS Pro Se 4 James Circle Shippensburg, PA 17257-2165 VICTORIA PERKINS Pro Se 4 James Circle Shippensburg, PA 17257-2165 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Dated: David P. Perkins, Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unsworn falsification to authorities. Victoria Perkins, Defendant Certification of Service I, David P. Perkins, do hereby certify that I served a true and attested copy of Defendants' Answer to Plaintiffs Complaint in the above-captioned matter upon the Plaintiff on May 2, 2003 by first-class mail, postage pre-paid, deposited in the United States Post Office, Carlisle, PA 17013 addressed as follows: Ron Z. Opher, Esquire ERIC M. BERMAN, P.C. 985 Old Eagle School Road Wayne, PA 19087 Date: May 2, 2003 David P. Perkins ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attomey #57507 985 Old Eagle School Rd., Suite 505 Wayne, PA 19087 (610) 902-0530 Discover Bank Plaintiff V. DAVID P PERKINS and VICTORIA PERKINS 4 JAMES CIR SHIPPENSBURG, PA 17257-2165 Defendants IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW NO. 03-406-CIVIL PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the Complaint in the above-captioned matter WITHDRAWN V~ITHOUT PREJUDICE. Ron Z. Opher, Esquire Attorney for Plaintiff DATED: March 10, 2004