HomeMy WebLinkAbout08-5776
D000378
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
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
DIRECT COLLECT, INC. as
successor in interest to
Metris Bank
P.O. Box 2167
Blue Bell, PA 19422
Vs.
MICHAEL CRAWFORD
631B WILLOW GROVE RD
CARLISLE PA 17015
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. 0$ - `j77(p awil -F
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 JUDGEMENT 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN CIVIL-ACTION
1. Plaintiff is a debt buyer and successor in interest to
the original creditor as set forth in the caption of this
Complaint.
2. At all times relevant hereto, the defendant(s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiff's credit facilities.
3. Defendant(s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
4. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account, if available, is attached hereto as
Exhibit "A".
5. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$2,492.57.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,492.57 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
1- 46
thereof.
7. Defendant's last payment on account was made on
3/28/2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$2,492.57 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C. lt4
BY:
FREDERIC I. EINBERG, ESQUIRE
JOEL M. K, ESQUIRE
Attorney for Plaintiff
P01A.DB
46
DO00378
DIRECT COLLECT, INC. as successor in
interest to Metris Bank
VERIFICATION
I hereby state that I am the agent for the plaintiff herein,
and that the facts set forth in the attached Affidavit which is
incorporated by reference in the foregoing Complaint in Civil
Action are true and correct to the best of my knowledge,
information and belief and is based upon information which
plaintiff has furnished to counsel. The language in the
Complaint is that of counsel and not of plaintiff. To the extent
that the contents of the Complaint are that of counsel, plaintiff
has relied upon counsel in making this verification. This
verification is made subject to 18 Pa.C.S. 54904 which provides
for certain penalties for making false statements.
LAUREN YELLIN
9001 D000378
DIRECT COLLECT, INC. as successor in interest
to Metris Bank
MICHAEL CRAWFORD
5458002207053085
AFFIDAVIT
I, LAUREN YELLIN, being duly served sworn according to law,
depose and say that:
1. I am the agent for the Plaintiff herein and I have custody
and control of the files relating to this account;
2. I have personal knowledge of the facts and circumstances in
connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary
course of business;
4. This action is based on a claim for breach of contract and
that damages are sought as a direct result of said breach;
5. After allowing for all offsets and credits, a balance
remains on the subject account having account number
5458002207053085in the amount of $2,381.77; and
6. If called upon, affiant can testify at trial as to the facts
pertaining to this matter.
The above facts are true and correct to the beat of my knowledge,
information and belief.
LA EN YELLIN 61
Sworn to and Subscribed
before me this day
of 2008
Notary Public
COMMONWEALTH OF PENN2YLVANIA
7AWN44 OTARIAL SEAL
ARSHALL, Notary Public
ladelphia, Phila. County
Ex es November l
00
9.3 0
O D
r
?r' rS
3
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05776 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIRECT COLLECT INC
VS
CRAWFORD MICHAEL
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
CRAWFORD MICHAEL
was served upon
the
DEFENDANT , at 0014:22 HOURS, on the 16th day of October , 2008
at 1446 HOLLY PIKE
CARLISLE, PA 17015
TNT TTT TT / Tl T T.TTlITIT%
DEFENDANT
by handing to
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: So Answers:
Docketing
Service 18.00
5.00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
»/x°y 00
33.00
10/17/2008
GORDON & WEINBERG
Sworn and Subscibed to By:
before me this day p y Sheriff
of A.D.
DIRECT COLLECT, INC. as
Successor in interest to Metris Bank,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 08 - 5776 - Civil Term
MICHAEL CRAWFORD, : CIVIL ACTION - LAW
Defendant
Praecipe for Entry of Appearance
Please enter my appearance on behalf of the Defendant above.
2 _ a
Geoffrey M. Biringer
MidPenn Legal Services
401 E.Louther Street
Carlisle, PA 17013
(717) 243-9400
Supreme Court ID#18040
I -34
'^°? . .cam
DIRECT COLLECT, INC. as
Successor in interest to Metris Bank,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
: No. 08 - 5776 - Civil Term
V.
MICHAEL CRAWFORD,
Defendant
: CIVIL ACTION - LAW
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, comes the defendant, Michael Crawford, by and through his legal
counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO
PLAINTIFF'S CIVIL ACTION COMPLAINT, and in support thereof avers the
following:
1. Plaintiff is Direct Collect, Inc., as successor in interest to Metris Bank, by their
attorneys, Gordon & Weinberg, P.C., 1001 E. Hector Street, Suite 220,
Conshohocken, PA 19428
2. Defendant is Michael Crawford (hereinafter "Defendant").
3. Plaintiff filed its complaint on September 29, 2008.
4. Plaintiff claims that it is owed a balance on account for $2, 492.57 for use of a
credit card account which it was assigned by Metris Bank.
PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4))
(Demurrer)
5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby
incorporated by reference hereto.
6. Plaintiff does not allege that there was any agreement, either express or implied
between the original Plaintiff and any successors in interest and the Defendant,
merely an account which is purportedly attached as an Exhibit "A," but which in
fact, was not attached.
7. Absent such an allegation, Plaintiff fails to adequately state a cause of action.
WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with
prejudice for failure to state a cause a cause of action.
PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3)
(INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO
PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES
8. Paragraphs 1 through 7 of Defendant's Preliminary Objections are hereby
incorporated as if fully set forth herein.
9. Plaintiff claims that it is owed a balance of an account in the amount of
$2,492.57 and purports to attach as Exhibit "A" a statement of account, which is
not attached, as sole support for its claim.
10. This complaint fails to specify any agreements of the parties, terms and conditions
of the agreements, amendments to the agreements, the Defendant's request for
products, goods or services or the amount, or time and place of individual credit
transactions.
11. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt
owed, including the amounts and dates of the alleged charges, the amounts and
dates of any payments made, the amounts and dates of any interest charges, and
the amounts and dates of any other charges.
12. Pa. R. C. P. No.1019(f) requires that averments of time, place and special
damages shall be specifically stated.
13. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P.
No.1019(f) and renders Defendant unable to properly defend this action.
WHEREFORE, Defendant respectfully requests that this Honorable Court
dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a
pleading.
PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No. 1028(a)(2) and
No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF
COURT) FOR FAILURE TO ATTACH A WRITING
14. Paragraphs 1 through 13 of Defendant's Preliminary Objections are hereby
incorporated as if fully set forth herein.
15. Plaintiff bases its claims against Defendant on an assignment from Metris Bank
and an unattached Exhibit "A" account.
16. Plaintiff has failed to attach any credit agreements made or signed by Defendant
or any assignments made to the Plaintiff, both of which would form the very core
of an obligation by the Defendant to the Plaintiff.
17. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon writing, the
pleader must attach a copy of that writing or provide explanation for its absence.
18. To the extent that any credit agreements between Defendant and Plaintiff, or its
predecessors in interest are written, Plaintiff's Complaint fails to comply with Pa.
R. C. P. No. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy
of any such written agreements, or assignment(s) or any explanation for the
absence thereof.
WHEREFORE, Defendant respectfully requests that this Honorable Court
dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule
of court.
Date ?? /3 ODD
Respectfully submitted,
MidPenn Legal Services
B y.
Geoffrey Biringer
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
CERTIFICATE OF SERVICE
I, Geoffrey M. Biringer, being a member in good standing of the Bar of
Pennsylvania, hereby certify that I served a true and correct copy of the foregoing
Preliminary Objections on this 13th day of November, 2008, by placing same in the
United States mail, first class, postage prepaid, addressed as follows:
Frederick I. Weinberg, Esquire and
Joel M.Fink,Esquire
Gordon & Weinberg P.C.
1001 E. Hector Street, Suite 220
Conshohocken, PA 19428
MIDPENN LEGAL SERVICES
B y:
Geoffrey M. Biringer
Attorney for the Defendant
401 E. Louther Street
Carlisle, PA 17013
(717)243-9400
Supreme Court ID#18040
4 C?„?3?
(David D. Buell
Prothonotary
Kirks. Sohonage, ESQ
Solicitor
knee X Simpson
1S` Deputy 11rothonotary
Irene E. Worrow
2nd Deputy Prothonotary
Office of the Prothonotary
Cumberland County, (Pennsylvania
08 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 9 Carlisle, P,4 17013 • (717) 240-6195 • Eax (717) 240-6573