The URL can be used to link to this page

Home My WebLink About08-4416IN THE COUR' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK ISSUER OF TM GE FLEXPLUS CREDIT CARD : No. vs STEPHEN s) NOTICE CIVIL ACTION - LAW You have been s ed 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case y proceed without you and a judgment may be entered against you by the Court without "her notice for any money claimed or any other claim or relief requested by the Plaintiff. You m 4y lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA R, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BE LOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANN T AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO LIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to Defer File No. 181214596 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY ISSUER OF' GE FLEXPLUS CREDIT CARD No. vs STEPHEN S) CIVIL ACTION - LAW NOTICIA USTED HA SIa demanda puestas, despu6s que es1 personalmente o p a las demandas puede proceder aviso por cualgt solicitado por D para usted. )O DEMANDADO/A EN LA CORTE. Si usted desea defender conta la en las siguientes paginas, usted tienen que tomar accibn dentro veinte (20) dias i Demanda y Aviso es servido, con entrando por escrito una aparencia wr un abogado y archivando por escrito con la Corte sus defensas o objeciones uestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso in usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas ier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio mandante. Usted puede perder dinero o propiedad o otros derechos importante USTED EBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR ABOGADO. SI US PROVEERE SERVICIOS GRATIS. NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE )RMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER LL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 CCP Notice to File No. 18121 a IN THE GE MONEY BAN ISSUER OF THE vs STEPHEN OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLEXPLUS CREDIT CARD S) No. v F- Y Y!6 ?l T CIVIL ACTION - LAW COMPLAINT AND NOW, omes the Plaintiff, by and through its attorneys and the law firm of Mann Bracken LLC, and files this Complaint and in support avers as follows: 1. Plaintiff is GE MONEY BANK ISSUER OF THE GE FLEXPLUS CREDIT CARD , located at 4125 Windward Plaza Drive Building 300 Alpharetta, GA 30005. 2. Defe dant, STEPHEN BISHOP, is an adult individual with a last known address of 24 E Locust St Mechanic burg, Cumberland County, PA 17055. 3. It is averred that Defendant was issued an open end credit card account. 4. At all relevant times material hereto, Defendant has used said charge card for the purchase of produc , goods and/or for obtaining services. CCP Cmph - WOR Int 8? AF 4 File No. 181214596 I 5. Defen dant was provided with copies of the Statement of Accounts showing all debits and credits for transactio is on the aforementioned credit card account to which there was no bona fide objection by Defenda nt. A true and correct copy of the Statement of Account is attached hereto, incorporated herein a nd marked as Exhibit "A". 6. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit ca rd account as a result of the charges made by said Defendant and/or any authorized users is the sum of $ 5,900.24. 7. Despi te reasonable and repeated demands for payment, Defendant has refused and continues to refuse t pay all sums due and owing on the aforementioned account balance, all to the damage and detrim it of the Plaintiff. 8. The ount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR Int AF 5 File No. 181214596 Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $15,900.24, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, Date: plxk ? ?U Amy F. Doyle W062 / . Wfthasz c #8 David R. Galloway #8732iparch #86469 / Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR Int 8? AF File No. 181214596 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, they are authorized to take th4 verification on behalf of said Plaintiff in the within action and verifies that the statements made in toe foregoing Pleading are true and correct to the best of their knowledge, information, and beli?f, based upon information provided by the Plaintiff. The undersized understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904` relating to unsworn falsification to authorities. Date: D Amy F. Doyle #81062 C. Warholic #8634 David R. Galloway #87 6 / Sarah E. asz 6469 / Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmpit - WOR Int AF 7 File No. 181214596 Exhibit "A" i ••FICHINF01 •• Date 04/1 /08 Account 8133 Mode L ••Nxt + • CLIENT NO 002015 GENG AC T# 8133 CPR BAli ------ $15,900. 4 LST PAY DATE - 09/20/07 CHG OFF DATE - 04/08/08 CHG OFF AMT - $14,220.71 INT RATE ---- 1774 LAST INT DATE - CHG OFF RSN -- CADA ACCT STATUS -- LCD ****** PRIMARY DEBTOR **** LAST NAME -- BISHOP FIRST NAME - STEPHEN DOB -------- 03/30/73 SSN /TAX ID - XXX-XX-5244 == == HOME INFORMATION == == WORK INFORMATION HOME PHONE#-000-0000 WORK PHONE#-000-0000 HOME ADDR1 - 24 E LOCUST ST EMPLOYER ---- ADDR2 EMP ADDR CITY/ST MECHANICSB G PA 17055-3838 COUNTY ----- RECORD-TYPE-A SEQ NO------00 CUST T LOAN TYPE ---CHAC LENDING OFC--FLX001 BCLE C RECOVERER CODE--W9NL CHG OFF RSN--CADA ACCT S SOURCE ID---- A RECEIPT DATE-04/10/08 CONTRA ASSOC COST---$.00 ACC INTREST--$1,679.53 DEALER CUR BAL------ $15,900.24 COMMENT DATE- LST COMMENT-- •MODE L=LFT R=RGT W=WRP Next File • ••FICHINFO1 •• Date 04/1 1/08 Account 133 Mode L ••Nxt + • SECOND NAME-- MTHLY INCOME-$.00 OTHER MTHLY PYMT---$345.06 OTHER OBLIG--$.00 RENT C RCVRY SCORE--210 NXTPYMT DATE-04/11/08 LSTCONT DATE-12/10/07 COMM RATE----2200 FORMAT 133 D00 00000000000000000000000000000000000000000000000000000000 133 H13 0080411CEASE AND DESIST ALL 2008041OG 133 M00 00000000 133 U00 9252/1000/0000/HY *MODE L=LFT R=RGT W=WRP Next File • • C) \` - .. D STATE OF PENNSYLVANIA, COURT OF CUMBERLAND COUNTY CASE NO. 08-4416 CIVIL ACTION-LAW GE MONEY BANK ISSUER OF THE GE FLEXPLUS CREDIT CARD 4125 WINDWARD PLAZA DRIVE BUILDING 300 ALPHARETTA GA. 30005 PLAINTIFF VS. STEPHEN BISHOP 24 EAST LOCUST STREET MECHANICSBURG PA. 17055 DEFENDANT STEPHEN BISHOP "DEFENDANT-, HEREBY ANSWERS THE COMPLAINT OF GE MONEY BANK "PLAINTIFF", FINANCIAL HARDSHIP. DUE TO THE SERIOUS FINANCIAL CRISIS, I THE DEFENDANT DO NOT HAVE SUFFICIENT FUNDS TO PAY THE FULL AMOUNT $15,900.24 OF UNDISPUTED DEBT.I HAVE HAD A FEW SET BACKS IN THE PAST TWO YEARS. I HAVE HAD MY ANNUAL SALARY ALMOST CUT IN HALF DUE TO OUTSOURCING, AND OUT VENDERING. I HAVE WORKED FOR THE SAME COMPANY FOR 14 YEARS AND HAD TO STAY DUE TO BENIFITS AND TO KEEP A STEADY INCOME. I HAVE TWO CHILDREN AND THIS HAS CAUSED A FINANCIAL STRAIN ON ME AND MY FAMILY. WE HAVE NEVER HAD ALOT OF MONEY AND HAVE LIVED PAYCHECK TO PAYCHECK I HAVE ALSO TRIED TO START UP A BUSINESS OF MY OWN WITH FAMILY AND LOST ALOT OF MONEY AND INCOME DUE TO IT FAILING. I AM TRYING TO RESOLVE MY FINANCIAL CRISIS. BY ENROLLING IN A CREDIT COUNSELING SERVICE. WE HAVE SUCCESSFULLY PAID OFF TWO OF MYOUTSTANDING DEBTS. I AM HOPING TO RESOLVE MY DEBTS WITHIN THE NEXT THREE YEARS TO GET ME AND MY FAMILEY BACK ON TRACK TO A STABLE FINANCIAL FUTURE. WHEREFORE, DEFENDANT REQUEST S THAT: 1. DEFENDANT TAKES NOTHING BY WAY OF HIS COMPLAINT: AND 2. FOR DEFENDANTS COSTS OF SUIT. 08-22-2008 DEFENDANT IN PRO PER r 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04416 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE MONEY BANK BISHOP STEPHEN VS MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BISHOP STEPHEN the DEFENDANT , at 0020:50 HOURS, on the 11th day of August , 2008 at 24 E LOCUST STREET MECHANICSBURG, PA 17055 MELISSA BISHOP by handing to WIFE OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 .00 V'- 3 8. 0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/13/2008 MANN BRACKEN By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, Issuer of the The GE F1exPlus Credit Card Plaintiff No. 08-4416 CIVIL TERM V. CIVIL ACTION - LAW STEPHEN BISHOP, ; Defendant PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff GE MONEY BANK, Issuer of the GE F1exPlus credit card, by and through its attorneys, Mann Bracken, LLP, and files the within Motion for Judgment on the Pleadings, of which the following is a statement: 1. On or about July 3, 2008, Plaintiff filed a Complaint against Defendant seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "A." 2. On or about August 27, 2008, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "B." 3. That Defendant's answer to Complaint did not contain New Matter to which Plaintiff needed to respond. 4. Defendant did not respond to any numbered paragraph of the Complaint. Instead, Defendant summarized his financial position in paragraph format which did not correlate with the numbered paragraphs contained in the Complaint. See Exhibit "B" as previously identified and incorporated herein. 5. Pennsylvania Rule of Civil Procedure 1029(b) states, "A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive." 181214596 6. Pennsylvania Rule of Civil Procedure 1029(b) states, "averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." 7. Pennsylvania Rule of Civil Procedure 1029(b) further states, "a general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission." Neither 1029 (c) or 1029 (e) are applicable to this matter. 8. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 9. The pleadings filed of record show that no genuine issue of material fact exists to be tried. 10. Pursuant to Pa.R.Civ.P. 1034(b), this Honorable Court may enter judgment on the pleadings as a matter of law. WHEREFORE, Plaintiff respectfully asks that this Honorable Court enter judgment in favor of Plaintiff and against Defendant $15.900.24, plus the costs of this action and such other relief as this Honorable Court deems proper and just. Respectfully submitted, MANN BRACKEN, LLP David R. Galloway, Esquire Attorney ID No. 87326 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6751 Counsel for Plaintiff 181214596 Exhibit "A" 181214596 IN THE COURT OF COMMON PLEAS OF GE MONEY BANK ISSUER OF THE GE FLMLUS CREDIT CARD 4125 WINDWARD PLAZA DRIVE BUILDING 300 ALPHARETTA. GA 30005 Plaintiff vs STEPHEN BISHOP A E LOCUST ST MECHANICSBURG PA 17055 Defendant(s) Filed on behalf of: Plaintiff, GE MONEY If Counsel of record for t? s party: Date: U/& , Amy F. Doyle #87062 ip David R. Galloway #8 3 1 Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wi and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Telephone: (717) 303-6700 Counsel for Plaintiff COUNTY, PENNSYLVANIA No. Of- tlglIt C?l?i l CIVIL ACTION - LAW C'? N cvi w n? -J U L Z -iYda' , irhohc #86341 /. ?. asz 69/ '& Abramson, L.L.P. Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF r GE MONEY BANK ISSUER OF THE GE FLEXPLUS CREDIT CARD Plaintiff vs STEPHEN BISHOP Defendant(s) You have been sued in Court. If you wish to defend against pages, you must take action within twenty (20) days after thi by entering a written appearance personally or by an attorne, your defenses or objections to the claims set forth against ya do so, the case may proceed without you and a judgment ma Court without further notice for any money claimed or any c Plaintiff. You may lose money or property rights important COUNTY, PENNSYLVANIA No. : CIVIL ACTION - LAW he claims set forth in the following Complaint and Notice are served, and filing in vomiting with the Court . You are warned that if you fail to be entered against you by the ier claim or relief requested by the you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER T 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 ET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS FFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCI S THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE OR NO FEE. Cumberland County Bar Assoc 32 South Bedford Street Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF GE MONEY BANK ISSUER OF THE GE FLEXPLUS CREDIT CARD Plaintiff vs STEPHEN BISHOP Defendant(s) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORRE. demanda puestas en las siguientes paginas, usted tienen que despu6s que esta Demanda y Aviso es servido, con e personalmente o por un abogado y archivando por escrito a las demandas puestas en esta contra usted. Usted es adv puede proceder sin usted y un juzgamiento puede ser en aviso por cualquier dinero reclamado en la Demands o solicitado por Demandante. Usted puede perder dinero o para usted. . USTED DEBE LLEVAR ESTE PAPEL A SU Al NO TIENE UN ABOGADO, VAYA O LLAME POR ' AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN Al PROVEERE INFORMACION ACERCA AGENCh SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ GRATIS. Cumberland County Bar As, 32 South Bedford Stre Carlisle, PA 17013 717-249-3166 COUNTY, PENNSYLVANIA : No. CIVIL ACTION - LA Si usted desea defender conta la tomar acci6n dentro veinte (20) Bias :itrando por escrito una aparencia n la Corte sus defensas o objeciones .Thdo que si falla de hacerlo el caso Jo conta usted pot la Corte sin mas oor cualquier otro reClarno o alivio :)piedad o otros derechos importante 0 ENSEGUIDA. SI USTED ONO LA OFICINA FIJADA INFORMACION DE . COMO DO, ESTA OFICINA PUEDE QUE PUEDAN OFRECER HONORARIO REDUCIDO O f IN THE COURT OF COMMON PLEAS OF GE MONEY BANK ISSUER OF THE GE FLEXPLUS CREDIT CARD Plaintiff vs STEPHEN BISHOP Defendant(s) COMPLAINT AND NOW, comes the Plaintiff, by and through its att LLC, and files this Complaint and in support avers as follows: 1. Plaintiff is GE MONEY BANK ISSUER OF THE GE COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW and the law firm of Mann Bracken CREDIT CARD , located at 4125 Windward Plaza Drive Building 300 Alpharetta, GA 3000 2. Defendant, STEPHEN BISHOP, is an adult indi 'dual with a last known address of 24 E Locust St Mechanicsburg, Cumberland County, PA 17055. 3. It is averred that Defendant was issued an open d credit card account. 4. At all relevant times material hereto, Defendant as used said charge card for the purchase of products, goods and/or for obtaining services. 5. Defendant was provided with copies of the credits for transactions on the aforementioned credit card objection by Defendant. A true and correct copy of the incorporated herein and marked as Exhibit "A". :nt of Accounts showing all debits and to which there was no bona fide of Account is attached hereto, 6. As of the date of this Complaint, the remaining b ance due, owing and unpaid on Defendant's credit card account as a result of the charges made y said Defendant and/or any authorized users is the sum of $15,900.24. 7. Despite reasonable and repeated demands for continues to refuse to pay all sums due and owing on the afo damage and detriment of the Plaintiff. 8. The amount in controversy is within the Defendant has refused and ed account balance, all to the amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this the Plaintiff and against Defendant(s) in the amount of $1 other relief as this Court deems just and reasonable. Respectfully Date: Amy F. Doyle 7062 I WI David R. Galloway #8732 167 Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 30C Telephone: (717) 303-6700 Counsel for Plaintiff Court enter Judgment in favor of plus costs of this action and any. arholic & Abramson, L.L.P. ,Camp Hill, PA 17011 VERIFICATION The undersigned hereby states that they are the attorney of this jurisdiction and in order to file the within document in an authorized to take this verification on behalf of said Plaintiff in statements made in the foregoing Pleading are true and correct tO the best of their knowledge, information, and belief, based upon information provided by the The undersigned understands that false statements herein the Plaintiff who is located outside and timely manner, they are within action and verifies that the made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to Date: U . C. Warholic Amy F. Doyle #8 062 David R. Galloway #87--'T76-/ Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to' and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 30t Telephone: (717) 303-6700 Counsel for Plaintiff olpoff & Abramson, L.L.P. Camp Hill, PA 17011 Exhibit "Al" -FICHINF01 -- Date 04/11/08 Account 133 LIENT Nb 002015 GENG ACCT# 133 UR BAL ------ $15,900.24 LST PAY DATE - HG OFF DATE - 04/08/08 CHG OFF AMT NT RATE -- -- 1774 LAST INT DATE - HG OFF RSN -- CADA ***** PRI ACCT STATUS - MARY DEBTOR ***** AST NAME -- BISHOP OB -------- 03/30/73 FIRST NAME - _ == HOME INFORMATION SSN /TAX ID - OME PHONE#-000-0000 ____ _= WORK 1 OME ADDR1 - 24 E LOCUST ST WORK PHONE#-Q ADDR2 EMPLOYER - -_- CITY/ST MECHANICSBURG PA 17055-3838 EMP ADDR COUNTY ----- ECORD-TYPE-A OAN TYPE -CHAC SEQ NO------01 ECOVERER CODE--W9NL LENDING OFC--3 DURCE ID---- A CHG OFF RSN--( SSOC COST---$.00 RECEIPT DATE-( ACC INTREST--: UR BAL------ $15,900.24 COMMENT DATE- ST COMMENT-- -FICHINFOI -- Date 04/11/08 AccounMODE L=LFT R=RGT W=WRP O 133 ECOND NAME-- MTHLY INCOME-; PHLY PYMT---$345.05 OTHER OBLIG--: -VRY SCORE--210 NXTPYMT DATE-1 3TCONT DATE-12/10/07 COMM RATE----, 133 D000000000000000000000000000000000000( 133 H1320080411CEASE AND DESIST ALL 133 M00 0000( 133 U00 Mode L --Nxt + 09/20/07 $14,220.71 LCD STEPHEN XXX-XX-5244 FORMATION 0-0000 4/10/08 1,579.53 CUST T BCLE C ACCT S CONTRA DEALER File - Mode L --Nxt + . .00 OTHER .00 RENT C 4/11/08 200 FORMAT )000000000000000000000 2008041OG )00 9252/1000/0000/HY -MODE L=LFT R=RGT W=WRP Next File - Exhibit "B" 181214596 STATE OF PENNSYLVANIA, COURT OF CUMBERLAND COUNTY CASE NO. 08-4416 CIVIL ACTION-LAW GE MONEY BANK ISSUER OF THE GE FLEXPLUS CREDIT CARD 4125 WINDWARD PLAZA DRIVE BUILDING 300 ALPHARETTA GA. 30005 PLAINTIFF VS. STEPHEN BISHOP 24 EAST LOCUST STREET MECHANICSBURG PA. 17055 DEFENDANT STEPHEN BISHOP "DEFENDANT', HEREBY ANSWERS THE COMPLAINT OF GE MONEY BANK "PLAINTIFF", FINANCIAL HARDSHIP. DUE TO THE SERIOUS FINANCIAL CRISIS, I THE DEFENDANT DO NOT HAVE SUFFICIENT FUNDS TO PAY THE FULL AMOUNT $15,900.24 OF UNDISPUTED DEBT.I HAVE HAD A FEW SET BACKS IN THE PAST TWO YEARS. I HAVE HAD MY ANNUAL SALARY ALMOST CUT IN HALF DUE TO OUTSOURCING, AND OUT VENDERING. I HAVE WORKED FOR THE SAME COMPANY FOR 14 YEARS AND HAD TO STAY DUE TO BENIFITS AND TO KEEP A STEADY INCOME. I HAVE TWO CHILDREN AND THIS HAS CAUSED A FINANCIAL STRAIN ON ME AND MY FAMILY. WE HAVE NEVER HAD ALOT OF MONEY AND HAVE LIVED PAYCHECK TO PAYCHECK. I HAVE ALSO TRIED TO START UP A BUSINESS OF MY OWN NTH FAMILY AND LOST ALOT OF MONEY AND INCOME DUE TO IT FAILING. I AM TRYING TO RESOLVE MY FINANCIAL CRISIS. BY ENROLLING IN A CREDIT COUNSELING SERVICE. WE HAVE SUCCESSFULLY PAID OFF TWO OF MY OUTSTANDING DEBTS. I AM HOPING TO RESOLVE MY DEBTS WITHIN THE NEXT THREE YEARS TO GET ME AND MY FAMILEY BACK ON TRACK TO A STABLE FINANCIAL FUTURE. WHEREFORE, DEFENDANT REQUEST S THAT: 1. DEFENDANT TAKES NOTHING BY WAY OF HIS COMPLAINT: AND 2. FOR DEFENDANTS COSTS OF SUIT. 08-22-2008 Cow DEFENDANT IN PRO PER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, Issuer of the The GE F1exPlus Credit Card Plaintiff No. 08-4416 CIVIL TERM V. STEPHEN BISHOP, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this day of 1\"4k_,01A , 2008. MR. STEPHEN BISHOP 24 E LOCUST ST MECHANICSBURG, PA 17055 David R. Ga oway, Esquire 7 Attorney ID o. 87326 Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6751 Counsel for Plaintiff 181214596 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, Issuer of the The GE FlexPlus Credit Card : Plaintiff No. 08-4416 CIVIL TERM V. STEPHEN BISHOP, Defendant CIVIL ACTION - LAW PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff GE MONEY BANK, Issuer of the GE FlexPlus Credit Card, by and through its attorneys, Mann Bracken, LLP, and files the within Brief in Support of its Motion for Judgment on the Pleadings. I. STATEMENT OF FACTS & PROCEDURAL HISTORY: Plaintiff filed a Complaint against Defendant on or about July 3, 2008, seeking to recover monies due Plaintiff for charges incurred on an open end credit card account issued to Defendant by Plaintiff. A true and correct copy of said Complaint is attached to Plaintiff s Motion for Judgment on the Pleadings as Exhibit "A." On or about August 27, 2008, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached to Plaintiffs Motion for Judgment on the Pleadings as Plaintiffs Exhibit "B." Defendant's Answer to Complaint did not contain New Matter for which Plaintiff needed to respond. Because Defendant did not respond to any of the numbered paragraphs in the Complaint, Plaintiff filed a Motion for Judgment on the Pleadings. This brief follows. 181214596 II. QUESTION PRESENTED: Under Pa.R.Civ.P. 1029(a)-(b) and governing case law, may this Court enter judgment on the pleadings when Defendant generally denied and/or did not answer specific factual allegations in the Complaint? Suggested Answer: Yes. III. DISCUSSION: A. BECAUSE DEFENDANT DID NOT SPECIFICALLY RESPOND TO THE ALLEGATIONS IN PLAINTIFF'S COMPLAINT AS REQUIRED UNDER PA.R.CIy.P. 1029(A)-(B), PLAINTIFF'S ALLEGATIONS ARE DEEMED ADMITTED. Pennsylvania Rule of Civil Procedure 1029 governs responses to pleadings and sets forth appropriate responses available to a party. Pa.R.Civ.P. 1029(a) provides: A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. Pa.R.Civ.P. 1029(b) provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. Subdivision (c) relates to a response when the party is without knowledge sufficient to form a belief as to the truth of an averment. See Pa.R.Civ.P. 1029(c). Reliance on subdivision (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See id. cites Cercone v. Cercone, 386 A.2d 1 (Pa. Super. 1978). Subdivision (e) relates 181214596 to a response when the action seeks monetary relief for bodily injury, death or property damage. See Pa.R.Civ.P. 1029(e). Subdivision (d) is not applicable to this case. "To determine if an answer is a general denial under Pa.R.Civ.P. 1029(b), the court must examine the pleadings as a whole." Commonwealth by Preate v. Rainbow Associates Inc., 138 Pa. Commw. 56, 61; 587 A.2d 357, 360 (1991). Responses which are merely general denials of allegations are not sufficient and, in such a case, the allegations will be deemed admitted. See Swift v. Milner, 371 Pa. Super. 302, 308-309, 538 A.2d 28, 31 (1988). Defendant's General Denials Because Defendant failed to specifically respond to any of the factual allegations contained in Plaintiff's Complaint, Defendant's responses must be deemed admissions. In the Cercone case, our Superior Court addressed the effect of a response under Pa. R.Civ.P. 1029(c) when Plaintiff makes factual allegations in the Complaint. The Court held that "a defendant may not rely upon Rule 1029(c)(1) to excuse a failure to make a specific denial of factual allegations contained in a complaint when it is clear that the defendant must know whether a particular allegation is true or false. See Cercone, 386 A.2d 1, 4. Because Plaintiff alleges Defendant owes money to Plaintiff, Defendant clearly could have specifically admitted or denied this factual allegation. Averments in a pleading to which a responsive pleading are required are deemed admitted when not denied specifically; as a result, Defendant has admitted all allegations in Plaintiff's Complaint. See Pa.R.Civ.P. 1029(b). In First Wisconsin Trust Co. v. Strausser, our Superior Court addressed the effect of a general denial in a mortgage foreclosure action as it pertained to an allegation in the 181214596 complaint itemizing the amount owed to the plaintiff by the defendant. See First Wisconsin Trust Co., 653 A.2d 688 (Pa. Super 1995). In that case, First Wisconsin alleged in paragraph six (6) of its complaint that the total amount due on the mortgage was $349,829.96. See id. at 692. In response to that allegation, Strausser responded by stating the allegation was a conclusion of law. See id. The court held that such response was a general denial and should therefore be deemed admitted. See id. Unlike the First Wisconsin case, Defendant in this case did not respond to any of the numbered paragraphs in the Complaint; instead, Defendant admits the balance of the debt is undisputed at $15,900.24. IV. CONCLUSION: For the above stated reasons, Plaintiff requests that this Honorable Court grant its motion for judgment on the pleadings and enter judgment in favor of Plaintiff and against Defendant for $15,900.42 plus costs of suit. Respectfully submitted, ANN BRACKEN, LLP David R. Yalloway Attorney I No. 87326 4660 Trin e Road, Suite 300 Camp Hill, A 17011 (717) 303-6751 Counsel for Plaintiff 181214596 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, Issuer of the The GE F1exPlus Credit Card Plaintiff No. 08-4416 CIVIL TERM V. CIVIL ACTION - LAW STEPHEN BISHOP, ; Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Plaintiffs Brief in Support of it's Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this day of ?? , 2008. MR. STEPHEN BISHOP 24 E LOCUST ST MECHANICSBURG, PA 17055 David R. alloway Attorney I No. 87326 Mann Brac en, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 (717) 303-6751 Counsel for Plaintiff 181214596 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ?- fflm? P-?,Ct L mss . ? H-,z Cam- C?tC? Cie vs. ,IWn en No.? tX ?'i? l Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to 2. Identify all counsel who will argue cases: (a) for plaintiffs: quub and Address 140 (b) for defendants: (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument, r, _ I n n 4. Argument Court Date: Signature lwlb 12- Print your name '- Attorney for Date: INSTRUCTIONS: 1. 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 ADMINISTRATOR (not the Prothonotary) after the case Is relisted. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GE MONEY BANK, Issuer of the GE F1exPlus Credit Card, Plaintiff VS STEPHEN BISHOP, Defendants(s), No. 08-4416 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing praecipe was served this date by Regular Mail, Postage Pre-Paid on this 'L day of 20 09. STEPHEN BISHOP 24 E. LOCUST ST MECHANICSBURG, PA 17055 ll0 1 7062 / Philip C. Warholic #86341 / David all way #8 / Sarah E. Ehasz #86469 / Mann Bracken, LLP The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff GE MONEY BANK, Issuer of the GE F1exPlus Credit Card, Plaintiff V. STEPHEN BISHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIONI - LAW NO. 08-4416 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE HESS, OLER, and GUIDO, JJ. ORDER OF COURT AND NOW, this 5`" day of February, 2009, upon consideration of Plaintiff's Motion for Judgment on the Pleadings, and following oral argument held on February 4, 2009, it is hereby ordered that judgment be entered in favor of Plaintiff and against Defendant Stephen Bishop in the amount of $15,900.24, as prayed for in the Complaint, plus costs of this action. BY THE COURT, ZDavid R. Galloway, Esq. Mann Bracken, LLP 4660 Trindle Road Suite 300 Camp Hill, PA 17011 Attorney for Plaintiff ? Stephen Bishop 24 E. Locust Street Mechanicsburg, PA 17055 Defendant, pro SE :rc QbF I ?-s mt; ELL f 1?f9 q- Jf Wesley Ol(?,Jr., J. S- 93A 60OZ r141?f1L1i` j !; r.? Ct ^t? :K l Y GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 L_? f 1?? JTHONOTAk' 20i1 ` ?7 ?0112 A R 20 ArM I I? 9 1-11diBERLAND COUNTY PENNSYLVANIA GE MONEY BANK vs. Stephen Bishop TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-4416 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERIC EINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P012 10 T CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDE C I. W INBERG, ESQUIRE Dated: ?? ' 1