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Home My WebLink About03-4046BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK 17600 North Perimeter Drive Scottsdale, AZ Plaintiff V. JOHN R. SCHEIDEMANN 1752 Peyton Randolph Court New Cumberland, PA 17070-2226 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 -46gL CIVIL ACTION - LAW COMPLAINT 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 (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 claim 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 01-2153 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK 17600 North Perimeter Drive Scottsdale, Arizona Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - ?v??;C?t C??IL?71 JOHN R. SCHEIDEMANN l 1752 Peyton Randolph Court New Cumberland, PA Defendant CIVIL ACTION - LAW Complaint 1. The plaintiff is Direct Merchants Credit Card Bank, a business corporation, with place of business located at 17600 North Perimeter Drive, Scottsdale, Arizona. 1 The defendant is John R. Scheidemann, who resides at 1752 Peyton Randolph Court, New Cumberland, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. Attached hereto, made a part hereof and marked Exhibit A is a true and correct copy of the terms and conditions. 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff s credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $6,136.73. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $6,136.73, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $1,411.45. Wherefore, plaintiff demands judgment against the defendant in the sum of $6,136.73, attorneys fees in the sum of $1,411.45 and the costs of this action. BURTON 1L & ASSOCIATES, P.C. By: q ? Burton Neil, Equire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. s< - 73 E? - u R F XR?_AJpn c _--o _'=R? Y??c?> %K R T .y - = _ - =_ R c Qxaj?lAa2c- t^'g? ? . ?7! 23 .. W T r S ? x <r n w H -` ¢ .. Y.-.X " a G 'y c c r a s? ?frK=s gs _ o- F ;?3o J.=.> ?T'E=? a n -zL A =- x -Co v = c n s vo - r- 4o gym. RF Z y S c p R 3 S as Z-z ' ? - f - _? o ? y x a r - c Z7 ?ff f- 52 55 C] 5 Z j Ell F llJ I ?Y eVJ _ f? f F-? i f-L = %x F_ -% _ ' w I v _ r c < c ec K F X O Z F w = _ a ? I - $ £ _? - o Vic. 605 F-r? a?J _ - y ? f? _ 8 oR{ X?F ? Re_g 6o 3 y -« Y _ _ ' o?n> Y o f=;°c_$Y 38 g =3 wa- >°=goo c?u-? f ?x 3>Ff: X °? o=-_? r_ _ _ = s?_zo3 i n g z y z y m ? ? g - v r g o F? 4 ? wFo 32- .° ?-?_ R 3 R° a- 1_ T J .mnKO? ?' n R o n?2 ??K ` ?- ?' ?" 3 ?v?'vR"g ?Dj C ? ? ? ?` d?°. o ?eg ? ? C 3 s ? . ? . x? • ? O o ?? f7 s( X ? 3 -s F i " ?? R1 ' ? ° fi v Y' ? . ? ? F V ? ? Y . a Z Z [n ? Y j ? C ? u Y S'^ N ii m a. G 3 .l ? ? n r1 ?i ? Ti C> an ? ? 2 O n X ? ? _ v K O. "P Y Z p Or - 3? c? ? n o?? F_ c?? - F a y - - n - oTa Fez K? _ _ 3 3a - it T.<$ cBS _ __- if j? }F i t VERIFICATION Ruth A. Kenny is Agency Assistant for Direct Merchants Credit Card Bank the within Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: /5- 0 3 y, "1 Vr Ruth A. Kenny John R. Scheidemann 5458001231017280 N ? ? ?? ? 6? ? A A? 6? -o / ?' 1- fi C ?` SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-04046 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DIRECT MERCHANTS CREDIT CARD VS SCHEIDEMANN JOHN R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SCHEIDEMANN JOHN R unable to locate Him in his bailiwick COMPLAINT & NOTICE , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT SCHEIDEMANN JOHN R 1752 PEYTON RANDOLPH COURT NEW CUMBERLAND, PA 17070-2226 DEFENDANT HAS NOT RESIDED AT ABOVE ADDRESS FOR OVER A YEAR. POST OFFICE DOES NOT KEEP FORWARDING INFORMATION AFTER A YEAR. Sheriff's Costs: So answers: - --- Docketing 18.00 Service 11.73 Not Found Return 5.00 R. Thomas K1ineJ Surcharge 10.00 Sheriff of Cumberland County .00 44.73 BURTON NEIL & ASSOC. 08/21/2003 Sworn and subscribed to before me this a 7 "= day of .1 M3 A. D. Prdt onotary BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff BIIt CT MERCHANTS CREDIT CARD BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JOHN R SCHEIDEMANN 2110 Logan Street, Camp Hill PA 17011 Defendant NO. 03-4046 Civil CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. BURTON P.C. Burton Neil, Esquire Attomey for Plaintiff 01-2153 ? C - N c°? r Z7 _ _ " ` ^a t mr ? Om f CJt j r O r1i Om a ca =c BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff DIRECT MERCHANTS CREDIT CARD BANK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN R SCHEIDEMANN 2110 Logan Street, Camp Hill PA 17011 Defendant NO. 03-4046 Civil CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. BURTON NEIL & ASSOCIATES, P.C. Neil, Esquire y for Plaintiff 01-2153 ?? ~? O (.? (-_ r .Ti .: [i` _j " _, .,.,_:. fTf ?CJ i7 ?. , O ?' CJ7 C> ?, f ) _.? _ - ` J 'ri ?-) ?..:; _ ?... ? _ . .?' ?y rn ?D SHERIFF'S RETURN - REGULAR CASE NO: 2003-04046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIRECT MERCHANTS CREDIT CARD VS SCHEIDEMANN JOHN R JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHEIDEMANN JOHN R the DEFENDANT , at 1830:00 HOURS, on the 8th day of March 2004 at 2110 LOGAN STREET CAMP HILL, PA 17011-2226 by handing to JOHN SCHEIDEMANN 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 Service Affidavit Surcharge 18 00 So Answe?rys . 6 "'%" l a ^'8 .00 10.00 R. Thomas Kline .00 37.66 03/09/2004 BURTON NEIL Sworn and Subscribed to before By: me this /3 °, day of ?ILu?J? y „2e0y L A. D. ?PYothonota/rr' e uty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-04046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIRECT MERCHANTS CREDIT CARD VS SCHEIDEMANN JOHN R KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHEIDEMANN JOHN R the DEFENDANT , at 1850:00 HOURS, on the 16th day of March 2004 at 2110 LOGAN STREET CAMP HILL, PA 17011-2226 by handing to ANDY DUNLAP, ADULT IN CHARGE 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 10 .35 Affidavit 00 Surcharge 10 .00 .00 38 .35 Sworn and Subscribed to before me--y "this' o2a w?l. day of yr lv ..r.?n 620V IN ,X A. D. 4,P /2 )- ary ' ? So Answers: + y/ R. Thomas Thomas Kline 03/17/2004 BURTON NEIL By: put S? IN THE COURT OF COMMON PLEAS OF Direct Merchants Credit Card Bank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 03 - 4046 John R. Scheidemann CIVIL TERM Defendant PRELIMINARY OBJECTION TO SECOND AMENDED COMPLAINT AND NOW COMES the Defendant and files the within Preliminary Objection. 1. DEMURRER - The Complaint, as written, does not state a cause of action against the Defendant. 2. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PLEADIN G. This Complaint, as stated, does not allow the Defendant to determine what purchases he has alleged to have made and when these purchases were made. It does not contain a specific invoice leading up to the allegation of a debt due and owing. The Complaint should be dismissed, or in the alternative, the Plaintiff should be required to amend the Complaint to conform with the rule of law relating to specificity in a pleading. 3. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PLEADIN G. This Complaint, as stated, does not allow the Defendant to determine when a claim, if any, arose and when the statute of limitations began to toll. Additionally, this Complaint, as stated, does not allow Defendant to determine whether or not the rules of civil procedure were properly adhered to; as this complaint was filed sometime in 2003 and was not served until almost one (1) year after. WHEREFORE, based on the within Preliminary Objections, it is respectfully requested, by the Defendant, that the within Complaint be dismissed. Respectfully John c ei emazm 2 Logan St. Camp Hill, PA 17011 717-730-0590 Direct Merchants Credit Card Bank Plaintiff VS. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 4046 CIVIL TERM CERTIFICATE OF SERVICE I, John R. Scheidemann, being at least 18 years of age, swears and affirms that a true and correct copy of the Defendant's Preliminary Objections to Plaintiffs Compliant was sent to: Burton Neil & Associates, P.C. Attn.: Burton Neil, Esquire 26 South Church Street West Chester, PA 19380 ,?tirst Class Mail. On March 25, 2004, vya C7 "?.' p C r m rn r ' N y_O N ??rn E C-O '17 'ti ?v> ?ft . DIRECT MERCHANTS CREDIT CARD BANK Plaintiff VS. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 Civil JOHN R. SCHEIDEMANN Defendant : CIVIL ACTION -LAW Order AND NOW, this objections are OVERRULED. day of 2007, defendant's preliminary BY THE COURT: J. cc: Brit J. Suttell, Esquire - Attorney for Plaintiff 1060 Andrew Drive, Ste. 170 West Chester, PA 19380 John R. Scheidemann - Pro Se Defendant 203 Bridge Street, Apt. 1 t Floor New Cumberland, PA 17070 ,ft . BURTON NEIL & ASSOCIATES, P.C. By: Brit J. Suttell, Esquire, ID No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN R. SCHEIDEMANN Defendant : NO. 03-4046 Civil CIVIL ACTION - LAW Plaintiffs Response to Defendant's Preliminary Objections 1. Denied. To the contrary, plaintiff's complaint adequately and sufficiently states a breach of contract cause of action against defendant. 2. Denied as stated. Plaintiff s cause of action is based upon breach of contract, not an account stated theory, therefore plaintiff is not required to attach an itemization of the account. By way of further response, the information defendant seeks is available through discovery. Finally, plaintiff s complaint adequately and sufficiently states a beach of contract cause action and contains the material facts to allow defendant to sufficiently formulate his defense(s). 3. Denied as stated. Plaintiff s cause of action adequately and sufficiently states a beach of contract action. Additionally, when plaintiff filed its complaint is a matter of public record and such information is easily and readily available to defendant through the Prothonotary's office. WHEREFORE, plaintiff requests this Court to overrule defendant's preliminary objections per the proposed Order attached. BURTON NEIL & ASSOCIATES, P.C. BY: Brit J Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. .t, Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK IN THE COURT OF COMMON PLEAS Plaintiff V. JOHN R SCHEIDEMANN Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 Civil : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire, do hereby certify that I served a true and correct copy of the within Plaintiff's Response to Defendant's Preliminary Objections; proposed Order and Praecipe for Listing Case for Argument on pro se defendant, John R. Scheidemann, at his address of record via first class mail, postage prepaid on the date set forth below. Date: Apil , ?,Z,2 - Burton Neil & Associates, P.C. By: BMSuttell, qui re Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 01-2153 e--? Q ? -r3 ° .-? -• ? C° ?= T?? r'' , n_Y i {,'s ? T .. 1 ? ~?' 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. DIRECT MERCHANTS CREDIT CARD BANK Plaintiff V. JOHN R SCHEIDEMANN Defendant NO. 03-4046 Civil 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff Brit J. Suttell, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: John R. Scheidemann, Pro Se address: 203 Bridge Street, Apt. 1 st Floor, New Cumberland, PA 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 3, 2007 Brit J. ?ttell, Esquire Attorney for the Plaintiff The law firm of Burton Neil & Associates is a debt collector. ? Q -, n n r r=;i -zz Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD CARD BANK N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN R SCHEIDEMANN Defendant NO. 03-4046 Civil CIVIL ACTION - LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within on pro se defendant, John R. Scheidemann at his/her address, 2110 Logan Street, Camp Hill, PA 17011, via first class mail, postage prepaid on the date set forth below. Date: Burton Neil & Associates, P.C. By: XA&-= 13t J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 01-2153 c,? ? --r? Cm:m r, F`7l h? °r N _. -.;.°t `'L? ?. ` ,a ;? ?? ? Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Mr. John R. Scheidemann 203 Bridge Street, Apt. 15' Floor New Cumberland, PA 17070 DATE: September 13, 2007 TO: Mr. Scheidemann: THIS IS TO NOTIFY YOU THAT CASE NUMBER 03-4046, Direct Merchants Credit Card Bank VS. John R. Scheidemann HAS BEEN LISTED FOR ARGUMENT ON O&M " ? ? a pp LONG 021A $ CIjRTIS R. . 0004631598 Prothonotary County MAILED ?RpM ZIP Cumberland One Courthouse Square Carlisle, PA 17013 t4n'T Inv ?Y.h11DE1? 00L, t _ :1{4YY ?.iz? Mr. John R. Scheidemann Floor 203 Bridge Street, Apt. 1 New Cumberland, PA 17070 ,,..?'. U Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff V. JOHN R SCHEIDEMANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 Civil CIVIL ACTION - LAW Statement of Intention to Proceed To the Court: Plaintiff, DIRECT MERCHANTS CREDIT CARD BANK, intends to proceed with the above captioned matter. Burton Neil & Associates, P.C. Date: By: Y71/ //2 ? *I-- -BCXJ. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. ?..? _ DIRECT MERCHANTS CREDIT CARD BANK, N.A., Plaintiff vs. JOHN R SCHEIDEMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4046 CIVIL IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this day of October, 2007, following argument, the preliminary objections of the defendant are OVERRULED. /rit J. Suttell, Esquire 1060 Andrew Drive, Ste. 170 West Chester, PA 19380 For the Plaintiff n R. Scheidemann, Pro Se 203 Bridge Street, Apt. 1 S` Floor New Cumberland, PA 17070 Defendant J : rlm BY THE COURT, C, - 1 -" r, L r, j Z 61 :?, lil? k , - - " u ]HLL ?G/ DIRECT MERCHANTS CREDIT CARD BANK, N.A., Plaintiff vs. JOHN R. SCHEIDEMANN, Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT BEFORE HESS2.OLER AND EBERT, J.J. ORDER AND NOW, this day of October, 2007, following argument, the preliminary objections of the defendant are OVERRULED. Brit J. Suttell, Esquire 1060 Andrew Drive, Ste. 170 W.-Chester PA 19390 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4046 CIVIL VIN A. HESS JUDGE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 -vn 03 - ?foY? John R. Scheidemann 203 Bridge Street, Apt. 1 5'Floor New Cumberland, PA 17070 N x x It 1'71 cc i P, gTN?FYAHOVVE 02 1A $ 04.4 0004631 598 OCT 04 2 MAILED FROM ZIP CODE 1 7 %S :LOZ16/a RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 17010 *0119-08201-04-2 1-707-j124L2' _ _ '11l???111?'?t191111?11??11il?t? BY THE COURT, r BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT IN THE COURT OF COMMON PLEAS CARD BANK, N.A. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN R. SCHEIDEMANN : NO. 03-4046 CIVIL Defendant : CIVIL ACTION - LAW Plaintiffs Motion for Leave to Amend Complaint Pursuant to Pa. R. C. P. 1033 Now comes plaintiff, Direct Merchants Credit Card Bank, N.A., by and through its undersigned attorneys of record, Burton Neil & Associates, P.C., and moves this Honorable Court for leave to amend the Complaint pursuant to Pa. R. C. P. 1033, and in support thereof, avers as follows: 1. On or about August 18, 2003, plaintiff sued defendant to recover the past due balance owed it on a credit card account. 2. On or about March 29, 2004, defendant filed preliminary objections. 3. On or about July 11, 2006, plaintiff, Direct Merchants Credit Card Bank, N.A., was merged into HSBC Bank Nevada, N.A. • 4. Since defendant failed to file a praecipe listing the case for argument, the preliminary objections did not move through the Court. 5. On or about August 9, 2007, plaintiff filed its response to defendant's preliminary objections, along with a praecipe. 6. On or about October 3, 2007, the Honorable Judge Kevin A. Hess overruled defendant's preliminary objections. 7. Plaintiff now moves this Court to amend its complaint to reflect the proper plaintiff as HSBC Bank Nevada, N.A. successor-in-interest to Direct Merchants Credit Card Bank N.A., since there was outstanding litigation when the acquisition occurred. 8. The amended complaint is substantially similar to the original claim as only the plaintiff s name will change, all other averments in the amended complaint are identical in substance to those of the original complaint. 9. An amended complaint in the form attached hereto as Exhibit "A" is necessary to properly reflect the real party in interest. 10. Consent of defendant was sought pursuant to Pa. R. C. P. 1033 but there was no response. WHEREFORE, plaintiff, Direct Merchants Credit Card Bank, N.A., moves this Court for leave to amend the complaint pursuant to Pa. R. C. P. 1033, in the form attached hereto as Exhibit "A." Burton it & s ciates, P.C. By: Brit 4. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. A BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff HSBC BANK NEVADA, N.A. successor- in-interest to DIRECT MERCHANTS CREDIT CARD BANK, N.A. 1111 Town Center Drive Las Vegas, Nevada Plaintiff V. JOHN R. SCHEIDEMANN 219 Herman Avenue Lemoyne, Pennsylvania. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 CIVIL CIVIL ACTION - LAW Amended Complaint 1. The plaintiff is HSBC Bank Nevada, N.A. successor-in-interest to Direct Merchants Credit Card Bank, N.A. (hereafter Direct Merchants), with place of business located at 1111 Town Center Drive, Las Vegas, Nevada. 2. The defendant is John R. Scheidemann, who resides at 219 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. At the defendant's request, Direct Merchants issued the defendant a credit card for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. Attached hereto, made a part hereof and marked Exhibit A is a true and correct copy of the terms and conditions. 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances form vendors who accepted the Direct Merchants credit card. In using the credit card, the defendant agreed to EXHIBIT____.a___- comply with the terms and conditions governing its use which included the obligation to pay Direct Merchants and plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $6,136.73. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statements. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $6,136.73, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $1,411.45. Wherefore, plaintiff demands judgment against the defendant in the sum of $6,136.73, attorneys fees in the sum of $1,411.45, and the costs of this action. B on it ociates, P.C. By: Brit . Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. e' BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD IN THE COURT OF COMMON PLEAS BANK, N.A. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN R. SCHEIDEMAN NO. 03-4046 CIVIL Defendant : CIVIL ACTION - LAW Plaintiffs Brief in Support of Motion for Leave to Amend Complaint A. History of the Case Plaintiff sued defendant to recover the unpaid balance owed it on a credit card account. In the course of litigation, plaintiff was acquired by HSBC Bank Nevada, N.A. As a result of this acquisition, the real party in interest shifted from Direct Merchants Credit Card Bank, N.A., to HSBC Bank Nevada N.A. successor-in-interest to Direct Merchants Credit Card Bank, N.A. The substance of the litigation will not be affected by the shift in plaintiff's name as the amended complaint is substantially similar to the amended complaint, both in content and form. Although consent for leave to amend was sought from defendant, defendant failed to response to plaintiff's request. Plaintiff now files its motion for leave to amend complaint which is now before the Court for disposition. f ? B. Issue Whether plaintiff s motion for leave to amend complaint pursuant to Pa. R. C. P. 1033 should be granted? C. Argument Pa. R. C. P. 1033 allows for the amendment of pleadings! Plaintiff seeks leave to amend the complaint to change the name of the plaintiff in order to reflect the real party in interest. Generally, a pleader may file an amended pleading averring transactions or occurrences which happened after the filing of the original pleading, even though the amendment gives rise to a new cause of action. See Pa. R. C. P. 1033; Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966); Harger v. Caputo, 420 Pa. 528, 218 A.2d 108 (1966). "A new cause of action does arise... if the amendment proposes a different theory or a different kind of negligence than the one previously raised." Willet v. Evergreen, 407 Pa. Super. 141, 595 A.2d 164 (1991). In the present case, plaintiff's amendment does not even change the theory of the case or propose a new a theory, plaintiff s amendment only seeks to change the name of plaintiff to reflect the real party in interest. Amendments are allowed unless they violate the law or prejudice the rights of the opposing party. Reliance Universal, Inc. v. Ernest Renda Contracting Co., 308 Pa. Super. 98, 454 A.2d 39 (1982). Plaintiff s proposed amendment does not violate the law; nor plaintiff s proposed amendment prejudice the rights of the opposing party. The parties would need to conduct the same, or substantially similar, discovery with the amendment, thus creating no 1Pa. R. C. P. 1033 provides as follows: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party, or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. Emphasis added. Consent with defendant was sought but there was no response. additional burden of discovery of the parties. Furthermore, the amendment does not violate the law as the claim remains identical, but it is merely the name of plaintiff which would change. D. Conclusion Plaintiff's motion for leave to amend the complaint should be granted for the aforementioned reasons. Burton Neil & Associates, P.C. By. 1"?Bri J. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK, N.A. Plaintiff V. JOHN R. SCHEIDEMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 CIVIL : CIVIL ACTION - LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Plaintiff s Motion for Leave to Amend Complaint, proposed Order, supporting Brief and Certificate of Service on pro se defendant, John R. Scheidemann at his/her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: 0'?k' By: B t J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 01-2153 C? '°' r?? ??-? 4..? ?.? -., - <_ ..?; T`?,: -.,; - .. ._._ c',::.. C?. `"=: NOV 1 4 2008 G DIRECT MERCHANTS CREDIT CARD IN THE COURT OF COMMON PLEAS BANK, N.A. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN R. SCHEIDEMAN : NO. 03-4046 CIVIL Defendant : CIVIL ACTION - LAW Order AND NOW, this 19- day of ,vu", -4cx- 2008, upon consideration of plaintiff's motion for leave to amend complaint pursuant to Pa. R. C. P. 1033, it is ORDERED that the motion is GRANTED. Copies to: Brit J. Suttell, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 John R. Scheidemann 219 Herman Avenue Lemoyne, PA 17043 BY THE COURT: r ? Ca l ?? ` ? S. ??"?i?? ?? ._ ; . 1 ? IA', '; fu.? ? ?? .? ? d ? ? ?C?? gp?Z ???? Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff HSBC BANK NEVADA, N.A. successor in interest to DIRECT MERCHANTS CREDIT CARD BANK N.A. Plaintiff JOHN R SCHEIDEMANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 Civil CIVIL ACTION - LAW Amended Complaint - 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 (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 claim 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 01-2153 BURTON NEIL & ASSOCIATES, P.C. Brit J. Suttell, Esquire, Id. no. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff HSBC BANK NEVADA, N.A. successor- in-interest to DIRECT MERCHANTS CREDIT CARD BANK, N.A. 1 I 1 I Town Center Drive Las Vegas, Nevada V. JOHN R. SCHEIDEMANN 219 Herman Avenue Lemoyne, Pennsylvania. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 CIVIL Defendant : CIVIL ACTION - LAW Amended Complaint 1. The plaintiff is HSBC Bank Nevada, N.A. successor-in-interest to Direct Merchants Credit Card Bank, N.A. (hereafter Direct Merchants), with place of business located at 1111 Town Center Drive, Las Vegas, Nevada. 2. The defendant is John R. Scheidemann, who resides at 219 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. At the defendant's request, Direct Merchants issued the defendant a credit card for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. Attached hereto, made a part hereof and marked Exhibit A is a true and correct copy of the terms and conditions. 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances form vendors who accepted the Direct Merchants credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay Direct Merchants and plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $6,136.73. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statements. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $6,136.73, the defendant failed and refused to pay all or any part thereof. $. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $1,411.45. Wherefore, plaintiff demands judgment against the defendant in the sum of $6,136.73, attorneys fees in the sum of $1,411.45, and the costs of this action. B n/1' Nei s ciates, P.C. By. -? .__ Bri 1. Suttell, Esquire At orney for Plaintiff In making this communication, we advise our firm is a debt collector. > r :-n « n° - -'" y ' „C F- r =x .?^, y =R x % 4 a C: ^ r = C u =`- R 5 0 - C c ° s _' ? Q ? - ? ^ _ _ Y. 7 - _ c Z ? ? " i•: - Y, ? 4 X 22- C5 «G ?g ?cxaco=--??? n?Q °x? 5aag Sxo. 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CrJ sss ns js sse -i sss 2 °' f =- _ = ss? as R. _ n .?%? : = G F ` D7S ?`^ ti =? 7 nab 4:>'=c ?? 3 r _ ` ? ?_` g= s = g _ ?=` _ c „ r 91 Z M v? x g _ ?? _ 3 ^ n7 " _s?r -_" ss 3 ?_ n ?F S-R S tr?C 7 ` ' ` ? • am ' K •• 3 6. R 3'-t ' F.j v' C ') ?? G53a 3? ?Km >;'<?g O ss? s, 31 ML Air& AMM IEW ` J I EXHIBIT, y 79 - r Fj 5 ?_ - c ? ?, c n ^ } S ^ ? g>g M T _ • 3 ?n- ? ?L- -" ?T ?. c _. r, of _ ?- zs?Y-m,=gig 1 E k S g< r$ 2 n 3 T R^ w g ;sue € e*c x ,`°, 1 = > av o r r"• ?. to _?.? R r 2. c- rd r?`"? -' _ = > Z-r Z?B E _ R E "-y 2 Ra z 8aC3R $our?- ?3-e?•?k e`-.G 2"n ?q?=R?ic?????`i' ?g?">°'7^?2_•8?' ?'! ?5?' ?? ?g???? ? y^ ° '^ ?' .K n ? $ P % S '7? B r .c-. n ` F n o ?' ? ? 3 ?° ? ? eT ? S. a ?e E Z'- Q' c• = -g Is X SL ?? ?L a ?' a - -s ? ;? n.e 5? ? ?? `2 5 r•? cR ^ c? F,`? R g ' _o ,°?? ? ? ?? ^ $g_-? •?e. _ s -•$?? ? 7-? °''? -cam ?r - G "g 4 C e- w? w C , w v n `> ggam- O- _ p _ ?. not Zp3?-.SR c 0 9-z ?.2 8 '° =8 ,< a - - n^• ?R3 ri `R 97; (= g m 3c ? m °^4?7 ?'t? A =7 mnKOp o` g c' s E70 a ?S Qc,? z- ST a >em?z2zm> y oB °z n 'N0 f: g r ? ?gg A S S n SrT m ?'g Ftg r E a c j-. c" a iR R: S ?rco=3pz?> y S y s`°? AS^,? ?"3 a ?_ G NFi c? aay -_?? ° A ,ice=oy m S ? -e ?_ n = M1 ? '_' _> s off. { ?a ? 8 ? 119- : z•_Z•-3ZZ ? zL = °c "' ^ f ?^-?•-°c a ?' a F ? 3 c.K ^ ?v ''- ?w'' °• „°_-_?u -• vmo??n3n ? ? a " ? ?,°°? _?? g k = n W 0:? WS A (g) C y °T. `?_iA G ° -g s 3 Eoe ' .F. .?1• •s g a H-.s L cD W4 73 C;t &??.= T -57 7. c •"? n ^Z. 5".e c E `.?. M1 3 >' 3 ° R 5 ML ii 5K k g:- ?? C ?" C p C ? ? M1 > 6 ?• ? C ? m A C ` ? C - O S? ? Y Q C? ? eS 4? c .wi Z s O ?. r7 '> si Y Verification Lh,q, M,g 1 n d,OOe-r is (Name of authorized representative) (Title or Position) for, HSBC BANK NEVADA, N.A. successor-in-interest to DIRECT MERCHANTS CREDIT CARD BANK, N. A., the within Plaintiff in this action, and that the statements of fact made in the foregoing Amended Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: le- /7- d8 Name 01-2153 John R. Scheidemann Account number ending in 7280 789 K ? Co ;4 Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD Plaintiff V. JOHN R SCHEIDEMANN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4046 Civil : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Amended Complaint on pro se defendant, John R. Scheidemann at his/her address of record via first class mail, postage prepaid on the date set forth below. Date:' Burton Neil & Associates, P.C. By: r7 Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 01-2153 VC C co . ? vim, y X• ??y?=? Direct Merchants Credit Card Bank Plaintiff V. John R. Scheidemann Defendant 1. Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-4046 Civil CIVIL ACTION-LAW ANSWER 3. Denied. Defendant lacks sufficient knowledge or in formation as to form a belief as to the truth or falsity of the averment and therefore deny the allegation thereof. Strict proof will be demanded at time of trial. 4. Denied. Defendant lacks sufficient knowledge or in formation as to form a belief as to the truth or falsity of the averment and therefore deny the allegation thereof. Strict proof will be demanded at time of trial. 5 Denied. Defendant lacks sufficient knowledge or in formation as to form a belief as to the truth or falsity of the averment and therefore deny the allegation thereof. Strict proof will be demanded at time of trial. 6. Denied. Defendant lacks sufficient knowledge or in formation as to form a belief as to the truth or falsity of the averment and therefore deny the allegation thereof. Strict proof will be demanded at time of trial. 7. Denied. Defendant lacks sufficient knowledge or in formation as to form a belief as to the truth or falsity of the averment and therefore deny the allegation thereof. Strict proof will be demanded at time of trial. 8. Denied. Defendant lacks sufficient knowledge or in formation as to form a belief as to the truth or falsity of the averment and therefore deny the allegation thereof. Strict proof will be demanded at time of trial. B heidemann 219 Herman Ave. Lemoyne, PA 17043 717-421-5750 VERIFICATION The undersigned hereby verifies that the averments or denial contained in the foregoing pleading are true to the best of the personal knowledge or information and belief of the undersigned. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: S SCHEIDEMANN CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served this day upon the following person, in the manner indicated below: Service by first-class mail addressed as follows: Brit J. Suttell, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, Pennsylvania 193) DATED.'?/j JQY N R. SCHEIDEMANN 9 Herman Avenue Lemoyne, Pennsylvania 17043 (717) 421-5750 FILED- ;FF6vE OF THE PROTI? n"N OTARY 2099 MAY I i AM 10: 4 7 CUtV-' _.r, J ?.r'.1U V i i'E NNW- VANLA