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Home My WebLink About08-5886COURT OF COMMON PLEAS OF CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant No. OS - 6'884p CIVIL ACTION Civ;l Avol 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMATO AND ASSO TES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. 0 8- vs. SVETLANA PATLATYUK CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $4,989.02, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, HUDSON & KEYSE, LLC, is located at 382 Blackbrook Road, Painesville, OH 44077. 2. Defendant, SVETLANA PATLATYUK, is located at 449 Woodcrest Drive, Mechanicsburg, PA 17050-6809. 3. At the request of Defendant, Citibank, N.A. issued to Defendant its credit card, and from time to time thereafter, Defendant made various purchases and/or cash advances in which transactions Defendant made use of said credit card. 4. Defendant received, accepted and made various purchases using the credit card and a total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $2,944.48, as set forth in the monthly billing statements issued by Plaintiff to Defendant in connection with Defendant's use of said credit card, true and correct copies of which are attached hereto, made part hereof and collectively marked Exhibit "A." 5. Defendant has failed to adhere to the agreed repayment obligations that govern the aforesaid credit card account, by reason of which Defendant is in default thereof. 6. Subsequently, for value received, all rights, title and interest of Citibank, N.A. in this claim were assigned, transferred and set over to Plaintiff. True and correct copies of the bills of sale accomplishing said assignment are attached hereto, made part hereof and collectively marked Exhibit "B." 7. By virtue of said assignment, Plaintiffacquired legal title to said account, and became the legal holder of any claim against Defendant arising under the above-referenced credit card account. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 20.74% per annum to the past due balance. As of September 24, 2008 the total amount of interest due to Plaintiff is $2,044.54. 9. Plaintiff is entitled to have the 20.74% interest charge continue to accrue as set forth above, from September 24, 2008 on down to the date of judgment in this matter. 10. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $4,989.02 together with the continually accruing interest charge at the agreed rate of 20.74% per annum from September 24, 2008, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 12. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit card services described in the exhibits attached hereto. 13. Defendant received and accepted the benefit of said credit card services provided by Plaintiff. 14. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit card services to Defendant and that Plaintiff expected to be paid for such. 15. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit card services and to incur damages. 16. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit card services without paying Plaintiff fair and reasonable compensation. 17. Allowing Defendant to retain the benefit of said credit card services without paying fair compensation would be unjust. 18. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit card services described in the exhibits attached hereto in the amount of $2,944.48. WHEREFORE, Plaintiff demands j udgment against Defendant for $2,944.48 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from September 24, 2008, costs of suit and all other relief to which Plaintiff may be entitled. AMATO D ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION Nancy A. Quere, hereby states that she is the Legal Account Manager of Hudson and Keyse, L.L.C. Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. 4904 relating to unworn falsification to authorities. r 04/18/05 ;2896.94 $2896.94 SITE:KC-CL TM:CO-5000 ACID:R080773 .q ...-:# MONO &NNW 05/19/08 18:49:21: SVETLANA PATLATYUK CITI CARDS 5071 BASS LAKE DR PO BOX 183065 APT 103 COLUMBUS, OH HARRISBURG PA 43218-3065 17111-5881000 Cltl" Platinum Select' Card A CITI? M" sass.. 5424 1801 9013 8211 Coblaar 1-WO-950-5114 BOX 6580 Toth Crv0 Llw Mvd"* Crk* IM CMh Adnwa Lkolt AvaftM C"k LvnN $5000 $0 $700 Now aswwo SIOUX FALLS, SO 07117 $0 C tnati A that ow p.r av ty 0 0 $2096.94 sp w 3/23 2 05 .00 $276.00 60.00 =294 HN a.w. •o. Aet Lot otmwp aM AftMd 3/23 LA E%+E NO P AriENT PAST DUE 0 '00 3/23 PURCHASES-FINANCE CHARCE-PERIODIC RATE 84 OOOD 000000000 2.00 0000000000 3/23 PUCHA????SAES-FINANCES/CN RGGE-PERIODIC 54 0000 RATE 0OOO0000j5.31 no11n? orsshownlabovve tollearnoaabout?purospecial gppqaytnant options. Call Monday - Friday, 7 m to Plen. oru ds Y, 8 aM to S Pin. Central Tim. give opportun IV to assist you. Account 8tettaary previous + 8ahne• a - Adva a + - - . PyBCNASES ADVANCES TOTAL Si.t 1p.0063 $2 820.63 nces i Cr•dN • 2q0.00 pp Si His S41'Jp 8•lane 12•.00 . $Z9.00 .00 x0 1.31 12, .94 TMs BWA p•rlsa: 30 Bata Bttwntary Subje sr o e am • Flnanc a Charge 9• Rah APR p ANNUAL fRCENT o t?s aTe rd Porch S Porch/Adv 1119.93 0.05545%(D) 20.240% 20.240% S/21/2004 ADVANCES 12.723.49 0.05545%(D) 20.240% 20.240% Standard Adv 10.00 0.05545%(D) 20.240% 20.240% 05/16/05 $2944.48 $2944.48 SITE:KC-CL TM:CO-5000 ACID:ROB0T73 " .,,.,.,E c 05/19/08 18:49:21: CITI CARDS SYETLANA PATLATYUK PO BOX 183065 C8 ON ATTNY ACCOUNT-CODE=URU1 43218-3065 WORMLEYSBURG PA 17043-100200D Cltie Platinum Select" Card CTI I* 5424 1801 9013 8211 91111"KiNV6010 1- -9 -5114 Tool CIOM Llna AAftba Clydt Lkw CaM AAVaaeo LINt Aaallatlo GM U g Now Do%"* p3 65D0 $5000 $0 $700 $0 $2944. 48 $I811X FALLS, SD CWEV. A".?L - htcllAlti rt.; 40 4/21 K 94 IWAESD"i1NARCE CHARGE-PERIDDIC RATE 2.46 // 0000000000 4/21 8URC ?p?FIN KE CN1AAIE004 *PERIODIC RATE OS.OB Nel is available! Please call the toll-tree nust?or shown above to learn about our special LOVINeat options.yy Call Sunday - Friday, 7 ¦ to Please rtusdlhe an to 5 pw, Central Tf.. give opportunity to assist you. Account BUnnwry r ? H.w K-7-0 K -ft as s a ew ????5 A A8CE5 T TAL "o a A $21 00 $2 8 . dvrxn 6 Crom 0.00 p: 0 00 CIUIRBE $47.54 00 Halanct $2,944.4j : , 96 94 0.00 .00 $d7; $2,9 N.N sun Porklat 29 R'alw &mnwy "nee se Finsrua Chu a Rate om PU APR , itr rd Purch Pu $151.15 0.05614%(D) 20.49011 20.4904 ? rv 05/21/2004 $2,768.67 0.05614%(D) 20.490% 20.490% Standard Adv $0.00 0.05614%(0) 20.4909 20.490% 06/14/05 $2993.38 $2993.38 SITE:KC-CL TM:CO-5000 ACID:RO60773 .: AR,' _ w 05/19/06 18:49:21: CITI CARDS SVETLANA PATLATYUK PO BOIL 183065 ATTNY ACCOUNT-CODE=URU1 COLUMBUS, 5 RORMLEYSBURG PA 43218-3065 17043-1002000 Cities Platinum Select' Card 5424 loot 9013 8211 Auft9Ner tianleae 1-800-980-8314 W&I CnNt Line Arasaaw CENh LW Cash Adva.as LUMt ArMUbM Cash N2 6880 15000 SO =700 518W( FULLS, So t = i "gn?b- - W 7?nr 5/20 RCBASp•PINAMCE CKA??RaGE"PERIODIC RATE 44 5/20 PONCBASi 'f 11ANCE NIARGE00pERIoDIC RATE 84 0000 Please note that p? yoenis most be re eived by 1100 P.M., local ti on a Dark 11951 sa day ¦t the payant processing lactI tv that 1NSndles your PiYof tts, in y, anto be credited to your account d+? t Nast con ore to tlee.YAallteanforw,MS. yse ortb on the reverse baysNent orocessihq f2cfal ptter?thtdt?metrfll be credited as of the folloxioq bank business day. Ne;Lis availablet P14ass cell the toll-tree nr r shown above to learn about our special payment options. Call Monday - Friday, 7 an to Pleae?lvetusdtAc o as o 5 pn, Centiral Time. 9 pportun ty to assist you. CT II* Now aalasa $2993.38 00000000002.53 0000000000 .37 Aceount Sommary N•revow e (4) Purchnef - aym s I x a e 6 Advaneas L C redits N ARBE 8a OTO`L PURMSES fly X2,9$0.00 9 $ >000 W 0 :$0.110 =2,9??9pp3 2, 44.48 10.00 0 0 !4 l2, 91338 Tkb 2q Rata ftnumery a MCa 30W@-c 0 Periodic qe N r FblsrNee Charg e Rata APR MWJ AL AT IT f0 rd 5o E R AGE ppd? t Porch Pureh/Adv 1153.65 0.05682111(D) 20.740% 20.740% ADVANCES 05/21/2004 $2,814.37 0:05682%(D) 20.740% 20.740% Standard Adv $0.00 O.OS682%(D) 20.740% 20.740% 11/16/04 $2527.61 $52.00 SITE:KC-CL TM:CO-5000 ACID:R080773 RUNUM ?*AM MOM 05/19/08 18:49:21: CITI CARDS SVETLANA PATLATTUK PO 807( 183065 5071 BASS LAKE DR COLUMBUS, ON APT 103 43218-3065 HARRISBURG PA 17111-5881000 Litt' Platinum Select' Card An," ttaarar 5424 1801 9013 8211 1.808-950-5114 Tatat CMS Lwa Asatabk Crest Law Sou 6500 55000 So 814WX rALLS, SB C -=, A'e.?s'== 10/1B 9763B26S Can ANanea Lko t Asasaaa rnh Unt" $700 $0 qa t?Pwsc?sb&uv a M.aAtaAt I R Adjust Mnts 0000 Ao% ati• Haw panes $2527.61 -100.00 Assawt OAMM V rw + - = Bslanes d Alta ss t CMAB? BWOU PUK ES S :2.617.61 61 ¢0.00 :10O.00 0 0 0 0 00 0 o'00 0 0 :2.527 00 TOTAL :2,6 7. 0. 00 100. 0 0 . 0 0 :2,527.61 Ds TAh Ptarls¢ 30 Rstta lrntstsry o,_ K_.- c om ns A WNAL PurcA $0.00 0.04792%(D) 17.4901A 17.490% 8/21/2004 $0.00 0.05340%(D) 19.490% 19.490% Adv $0.00 0.04792%(D) 17.490% 17.490% THIS BILL OF SALE, ASSIONNUM AND ASSUM 71ON AOMM[>3NT is dated as of May 26, 2W6, between Citibank (South Dakota), N.A., a national banking association organized under the laws of the United States, located at 701 But 60th Street North, Sioux Falls, SD 57117 (the "Bank") and New Century Financial Services, Inc., a Now Jersey corporation, located at 2 RidpMe Avenue, Suite 144, Cedar Dolls, NJ 07927 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreeement dated May 26, WN, bemm Daya and ft Bank (the "Asweamt"), do 11-nit don'bomb* transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyers successors and assigns, the Accounts described in Section 1.2 of the Agreement. This Bill of Sale, Assignment and Assumption Agreement is executed without ramurse and without representations or warranties including, without litriitation, warranties as to collectiblity. Cidi By: Nan Tidt New Century Financial Services, Inc. By: t u ( Z>04 (Signature) Name: mane jr. iras Title: -- _ LHmcW of Sales A Waitrons bos - cit pool 6 - nd to d - 5 06.ipg (I700x2800x24b )peg) KKHIRIT 1 11113. UYSALIL ASSICNMEW AND ASSUMP770N A(:RFF:MlINT IRIS HILL OF SALH, ASSIGNMI'VI AND A.SSIJMPTIOX atiRFEAIEV? is daW as of 16.E ? o, ).&L hetwaen New Ceramy Financial Services. Inc„ a owpurAdool orTtytioed under the o%%% df New Jerry. k"ed m : Rid" A%v we. Suite 104. Cedar Kn.lh. Vcw Jer e}- Ma Adw 'Seller') trnl kampacc Fbacial. U.C. an lllim•ix limited liabilit) ompmoiua. located at 4140 Cumr,=W Avenue. NorthWook.IL 60062('Du%er'1. For Laiue reocived and subject to the &ama and canditiwts of the Purchaxc atd Sale Agretsnem dead I , -, j((If,_, bmwcen Da)rr and dw Seller (the 'Agrmwnt7, the Seller a r herrhy tratlfa. xrll, ttsfigr4.vm comer. drm. Mtpim ae1 over wnd deliver w (luytT. rm! to Ro-.eY. Aweswn and as:.it;mt. the Accauw dewriW i t Sem,,n 1 2 of the Agr.vinen:. ibis Dill of Sak. Amignm al and Auumq%itm Agw^cmcnt is executcd without recomw and witimt repremaw, inn, or %%wvxntic% indudin& *mfww limitation. w•arrartttea as to txdlatihihty tbolA(w / c Seller C I;trv?K Icy:.' rc .._? (Signature) 15txnatute) Nato.: r-AaW Pirte Name: N)j".. jprjgQ Title Dimmor of Saka a Acauisnions Title: Man aime.h}?n .e..a.....sNMC. ,s. 17 EXHIBIT 2 TALL OF SAI.ir.. ASSI9,NA1ENTA-N9 ASS-jJX1PTI N AGREEMENT THIS BILL OF SALE. ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of May 30, 3006 betu%" Resurgence Financial, LLC. a limited liability company organized under the laws of Illinois, located at 4100 Commercial Ave.. Northbrook. IL 60061(the "Setter") and Hudson & Keyse, LLC, a Delaware limited liability company, located at 382 Blackbrook Rd., Painesville, OH 44077 ("Buyer"). For value received and subject ,to the tarns and conditions of the Purchase and Sale Agreement dated May 30. 2006. between Buyer and the Seller (the "Agreement") the Seiler does hereby transfer. sell, assign. convey, grant. bargain, set over and deliver to Buyer. And to Buyer's successors and assigns, the Accounts described in Section 1.2 of the Agreement. This Bill of Sale; Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. RESURGENCE FfNANCIAL. LLC, Seller Y: B (Signature) Name: David K, Kaplan Title: Managing Member HUDSON & KEYSE, LLC, Bayer By: ;:?Gra (Signature) Name: J =I Title: CEO 17 1 Fn A. co ? L..I •? ?M COURT OF COMMON PLEAS OF CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 09-5886 `_iivit tel'%i CIVIL ACTION ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, HUDSON & KEYSE, LLC, in the above-captioned matter. AMATO AND ASSOCIATES, P.C. B t Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Dated: September 24, 2008 " D nj `. , -7 m i r' ? rm C,?? _.? "?r CJ 3> HUDSON & KEYSE, LLC, Plaintiff V. SVETLANA PATLATYUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5886 CIVIL CIVIL ACTION DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, by and through her undersigned attorneys, and files these preliminary objections to Plaintiff's Complaint, stating as follows: 1. DEMURRER PURSUANT TO PA.R.CIV.P. 1028(a)(4) 1. Plaintiff apparently seeks to establish a cause of action for breach of a credit card agreement which allegedly Defendant entered into with Plaintiff. (Complaint, ¶3-5.) In such an action, it is necessary, at the very least, to allege the who all of the parties to the agreement were; the terms and conditions of the agreement between the parties; when that agreement was entered into; Plaintiff's performance thereunder or satisfaction of all conditions precedent; Defendant's failure to satisfy one or more of the terms and conditions amounting to a breach; and the damages incurred by Plaintiff as a result of the alleged breach or breaches. 2. In Plaintiff's Complaint, none of the foregoing facts are pleaded. Instead, there are only conclusory allegations that Defendant has allegedly failed to "adhere to the agreed repayment obligations" (without setting forth, anywhere, what those obligations allegedly were) (see Complaint, ¶5), and that an "amount due" is owed (id., ¶4 & 8-9). Furthermore, there is attached to the Complaint only a few alleged statements (no name or address appears on any of the attached statements) allegedly assessing "Past Due Fees," but on none of said statements is I- any information contained regarding the alleged purchases; dates; amounts of purchase; or items purchased. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed for failure to state a claim upon which relief can be granted. II. MOTION TO STRIKE FOR FAILURE TO CONFORM TO RULE OF COURT PURSUANT TO PA.R.CIV.P. 1028(a)(2) 3. Pa.R.Civ.P. 1019(h) provides that if a claim is "based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. In contravention of Rule 1019(h), Plaintiff's Complaint nowhere states specifically whether the alleged cardholder agreement between itself and Defendant is in writing. 5. Moreover, Pa.R.Civ.P. 1019(i) provides that if a claim is based upon a writing, "the pleader shall attach a copy of the writing, or the material part thereof...." 6. If the alleged cardholder agreement between Plaintiff and Defendant in this case is in writing, then Plaintiff has also violated Rule 1019(1), by failing to attach that writing or the material part thereof. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be stricken for failure to conform to Rules 1019(h) and/or 1019(i) of the Rules of Civil Procedure. 2 J r III. MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.CIV.P. 1028(a)(3) 7. This Count of Defendant's preliminary objections is filed in the alternative to the demurrer and motion to strike (Preliminary Objections, Counts I and II). 8. It is not possible for Defendant to respond to Plaintiff's Complaint, as the Complaint does not identify all of the parties to the alleged agreement or set forth the terms of the alleged agreement between Plaintiff and Defendant (P.O.'s Count I, supra); it does not set forth whether that alleged agreement is oral or in writing (P.O.'s Count II, supra); it does not attach a copy of the writing (id); and it does not specifically aver time, place and damages resulting from the alleged non-payment of a debt in violation of Pa.R.Civ.P. 1019(f). See Marine Bank v. Orlando, 25 D&C3d 264, 268 (Erie Co. 1982)(A credit card company plaintiff must allege in its complaint "the dates on which individual transactions were made, the amounts therefore and the items purchased [so as to permit the defendant] to be able to answer intelligently and determine what items he can admit and what he must contest.") WHEREFORE, Defendant respectfully requests that Plaintiff be required to file a more specific pleading, wherein the Plaintiff must set forth: the material terms of the alleged agreement between itself and Defendant; whether the agreement is oral or in writing; if in writing, a copy of the agreement must be attached; and the kind and amount of the goods and services supposedly provided, the dates of sale and delivery of each of said goods and services, the prices therefor, and the Defendant's alleged failures to pay said prices and how such failures breached the alleged agreement between itself and Defendant. 3 Dated: 1012 q?o I Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4ioG.ilakovic Thomas S. Beckley Attorneys for Defendant 4 CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Ronald Amato, Esquire Michael J. Kennedy, Esquire Michael R. Lessa, Esquire Justin N. Davis, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: 1017-tl?6)? G. Milakovic ?' N ErvJ Z .. j COURT OF COMMON PLEAS OF CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff vs. SVETLANA PATLATYUK Defendant : No. 08-5886 Civil : CIVIL ACTION 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMATO ND ASSO TES, P.C. By: X,?j' Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil CIVIL ACTION AMENDED COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $5,055.94, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, HUDSON & KEYSE, LLC, is located at 382 Blackbrook Road, Painesville, OH 44077. 2. Defendant, SVETLANA PATLATYUK, is located at 449 Woodcrest Drive, Mechanicsburg, PA 17050-6809. 3. At the request of Defendant, Citibank, N.A. issued to Defendant its credit card on or about July 1, 1998. 4. Defendant received and accepted said credit card pursuant to certain written terms and conditions. (Pursuant to Pa.R.C.P 1019(i), said terms and conditions have not been attached as they are not currently in the possession of Plaintiff. Plaintiff is in the process of obtaining and serving a subpoena to the original creditor to obtain all documents related to this account.) 5. Thereafter, Defendant made various purchases and/or cash advances using the credit card. 6. Defendant failed to make timely monthly payments to the creditor in repayment of said purchases and/or cash advances made with said credit card. 7. Defendant's failure to make timely monthly payments to Citibank, N.A. in repayment of said purchases and/or cash advances constitutes a breach of the then applicable terms and conditions. (Pursuant to Pa.R.C.P 1019(i), said terms and conditions have not been attached as they are not currently in the possession of Plaintiff. Plaintiff is in the process of obtaining and serving a subpoena to the original creditor to obtain all documents related to this account.) 8. A total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $2,944.48, as set forth in the monthly billing statements issued by Citibank, N.A. to Defendant in connection with Defendant's use of said credit card, true and correct copies of which are attached hereto, made part hereof and collectively marked Exhibit "A." 9. Subsequently, for value received, all rights, title and interest of Citibank, N.A. in this claim were assigned, transferred and set over to Plaintiff. True and correct copies of the bills of sale accomplishing said assignment are attached hereto, made part hereof and collectively marked Exhibit "B." 10. By virtue of said assignment, Plaintiff acquired legal title to said account, and became the legal holder of any claim against Defendant arising under the above-referenced credit card account. 11. Citibank, N.A. and Plaintiff have complied with all of the terms and conditions applicable to the Defendant's credit card account at all times. 12. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 20.74% per annum to the past due balance. 13. As of November 3, 2008 the total amount of interest due to Plaintiff is $2,044.54. 14. Plaintiff is entitled to have the 20.74% interest charge continue to accrue as set forth above, from November 3, 2008 on down to the date of judgment in this matter. 15. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $5,055.94 together with the continually accruing interest charge at the agreed rate of 20.74% per annum from November 3, 2008, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 16. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 17. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit card services described in the exhibits attached hereto. 18. Defendant received and accepted the benefit of said credit card services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid credit card services to Defendant and that Plaintiff expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit card services and to incur damages. 21. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit card services without paying Plaintiff fair and reasonable compensation. 22. Allowing Defendant to retain the benefit of said credit card services without paying fair compensation would be unjust. 23. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit card services described in the exhibits attached hereto in the amount of $2,944.48. (The rest of this page is intentionally left blank) WHEREFORE, Plaintiff demands judgment against Defendant for $2,944.48 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from November 3, 2008, costs of suit and all other relief to which Plaintiff may be entitled. AMATO ND ASSO TES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION Nancy A. Quere hereby states that he/she is the Legal Account Manager of Hudson & Keyse, L.L.C. Plaintiff in this action, and verifies that the statements made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. 04/18/05 $2896.94 $2896.94 SITE:KC-C L TM:CO-5000 ACID:ROB0773 05/19/08 18:49:21: • SYETLANA PATLATYUK CITI CARDS PO BOX 183065 5071 BASS LAKE DR COLUMBUS, OH APT 103 43210-3065 HARRISBURG PA 17111-5881000 Cltl' Platlnum Select' Card C1fe Aaeaaa Ine 5424 1801 9013 8211 4LteluW ssrow 1-880-950-5114 Toth Cr"M Um *vo%Ma trot love Cah Adraaao LINK AaaANU Cub Ladt $5000 $0 $700 Nae aaraaae $0 BOX 6s0o $2596.94 SIBBN FALLS, SD rQ,,;Put o,a s'r ' 0 67147 03/27/200 3 10.00 $276.00 6 09 =2 96l4 teb an" Mt OW aalartaeeN"W UIC WA MBd Arsarat 3/23 NAME" - rE8 PAYMENT PAST DUE 29,00 3/23 a.RCNAEparINANCE CHA R GEaPERIODIC RATE 2.00 00004100m // ?? 3123RCM?SA ES* FINANCES CINIARGE?PERIODIC RATE 5.31 54 ? 00000 Helpp is available! Please call the toll-free b nraber shown a ove to learn about our special Moom am to lard a s PPn n f Contr 7 allrr, o to f Pa al Tiim. or Sa Please give us the opportunity to assist you. Aeeount 8tatrrmy Proviam t Balance s t Advances t Credits (+) FINANCE CHARGE Balancee 5 P ppDY ES AMES OT $2,81200.63 6 ;p 00 00 0 0 00 ?p7.31 ;2, 91 TO TALL ;2.820. 3 ;29. 00 10.0 0 $47.31 :2, .944 TMa P no" 30 ?? Y Ca u c r=I c Charge KRateC ell! APR PER K L a Parch Ste =119.93 0.05545%(0) 20.240% 20.240% Prr ct r/ t b ru 05/21/2004 ADVANCES $2.723.49 0.05545%(D) 20.240% 20.240% Standard Adv ;0.00 0.05545%(D) 20.240% 20.240% e 05/16/05 $2944.48 $2944.48 SITE:KC-CL TM:CO-5000 ACID:ROB0773 05/19/08 18:49:21: CITI CARDS PO BOX 183065 SVETLANA PATLATYUK COLUMBUS, ON ATTNY ACCOUNT-CODE=URU1 43218-3065 NORMLEYSBURG PA 17043-3002000 I I Citle Platinum Select' Card CITla Aawra arr.. 5424 1801 9013 8211 r la tdeae 1- SO-5114 Tobl CreMt Uas Aerab* Cvv t LM Cash Advane9 Limn AeMlnhle Cash Lhna $5000 $0 $TOO $0 New aaNase 9 5 iex 6500 2 44.48 Un hrt Dee Ohre oie SIONX FALLS, SO S A1" 04/23 O 57347 .00 :336.00 61.00 0 $2944.48 11149 POW ado adw9noe Homber Actltal aMw Lot tt.Mrer ?yaswr ?fIRANCE CNA 4/21 ! RWASE RGEePERIODIC RATE 2.46 D // 4/21 6 AC • I? CE NS 6 s?P F 4 AS NAN C A1t F E ERIODIC RATE 0000 5.00 OMOW=4 Ne is available? Please call the toll-free n or shown above to learn about our sPICIal payneat cities. Call Handily - Friday. 7 in to 9 pan or Ssturdatr 6 so to 5 o Ce t al Tu , , p , n r be. Please give us M. opportunity to assist you. Account Sumnevey rev ? behauc9 i a r a (-)Ply Halt Adtrane.s 6 Cr9ditn E CRAR06 (a) O Z... AAP??yRyCNASES TOTALC? $2. 94 :2.896.91 ?p00.00 00 $0.00.00 $47.54 00. 00 52,944.40 52.9M A Tide P"Joh 29 Rate ammory Balance subject Finance Char Periodic Rate Nominal A APR PERCE NNUAL N117AGE RATE St d Purch War _r0 05/21/2004 $251.15 $2,758.67 0.05614%(D) 0.05614%(D) 20.490% 20.490% 20.490% 20.490% Standard Ada, $0.00 0.05614%(D) 20.4909 20.490% ' 06/14/05 $Z993.38 $2993.38 SITE:KC-CL TM:CO-5000 ACID:ROB0773 1m, Mum mamm 05119/08 18:49:21: CITI CARDS PO BOX 183065 SVETLANA PATLATYUK COLUMBUS, OH ATTNY ACCOUNT-CODE-URU1 43218-3065 NORMLEYSBURG PA 17043-1002000 5120 84RCMASF?S•FIMAMCE CHAM-PER1061C RATE 5/20 PUR vv?uOww: ?rANCE CH 2?ER10D1C RATE SIOUX SO ads Dap Fad pp adrem thmmaar AdlritY Man Last MIN Stoolard sm.- Citi' Platinum Select' Card CI AanatilIffo w - 5424 1801 9013 8211 Cualmmer Safakc 1-600-950-6114 1" Crank UM MMNN Creak LM Cash Advem Liven Available Cash limit now adam 802 41500 15000 $0 :700 $0 $2993.38 pure V 57137 FALLS, 05/20 2 OS Oa?O =397.00 1162.000 123.3wne 64 0000 Please note that P,yarnts must be reSeived by 1100 p.m., beat tidaee on a book bgslppess day at the payment processiaq facility :bat handles your mmo asyof tlthatln ordandt??oaabe?ncSid?tiit?at C?youm to count side. All cdtaORYifpptrrrmin pnammm" I'trecei 4n vfed?at tbirse payment Yrocassfn facility or that ttwe will q be credited as of the follow ?ft nq bank busiiiness day. Help is maailaplal Please call the toll-fret pnasmber shoam above to learn obent our special 9 pi nor ooppsturo s. Coll t o Monday - Friday, 7 am to Please give us the oppertunity?tofsssirrst yau- 00000000002.53 046.37 Account lramniary Previous t Balm i A t ea aymn a dvanas i Credits t ARBE ¦ Now 6ehinct A?PlURCHASES AI R? $2,944.48 0.00 $? 00 ( $46.90 $2 "3.30 OT TA L ;2 944.18 0 00 ppk Owe " i 3 ' 3e , S . . ,! i s rimy a Perks 29 Rag Bummary ¦ mica Subject to Flnonee Charge orO C Rote om APR P[RCEM RAM Pv I&OW4 Porch $153.65 0.05662160) 20.740% 20.740% thhro G5/21/2004 CY ;2,814.37 0.05682%CD) 20.740% 20.740% A A1 _ Standard Adv $0.00 0.05682%(D) 20.740% 20.740% LI w fl 11/16/04 $2527,61 $52.00 SITE:KC-CL TM:CO-5000 ACID:ROBO773 Nown 05/19/08 18:49:21: CITI CARDS is 3065 SVETLANA 5071 BASS LAKE DR COLUMBUS, ON APT 103 43218-3065 HARRISBURG PA 17111-S881000 Citi' Platinum Select' Card Clte ra- R~ 5424 1001 9013 8211 Gdmnar Seraleat 1-NO-950-8114 MM CMM Ur* IWaIftM CroW LMe Coh AMnu l4rit AwsaNr Cwh Wntl Haw sakm Sol$500 $5000 SO $700 $0 $2527.61 S100X FALLS, s0 r A d 0 ww A 5? U? 10/22 2 04 0.00 + + iu.0 pa = 2.00 Oda hd Is" aatanarWANOar eaaaa last d Aaaad WAS 1 97638265 N Ata CrNits i Adyrsta0nts 70T ? {MANK YOU 1 100.00 0 0000 A4xawt Summary rrovWm 0) B aMes i A Purchases V) dvances i j redlh 9 t:NAROE lI, PO ES S :2.6 7.61 6 = pppp :1 .00 0.00 00 $2,527:61 TOTA 2. 7.61 10.00 5100.00 0. 2,527.61 Do" YAM Perlart 30 Rste Sawomy a e a e Flmna ChKOe of C Rate onl na A APR PER[E WMAL RT RATE d 4 S sed ilr Purch $0.00 0.04792%(D) 17.490% 17.490% P ur hre 05/21/2004 :0.00 0.05340%(D) 19.490% 19.490% A p 9 Standard Adv $0.00 0.04792%(D) 17.490% 17.490% C3. u.. o?F s C?- TMS BILL OF SAL.iE3, ASSICIMAE NT AND ASSUMPTION AOR MBNT is dated as of May 26, 2000 between t 'bank (South DaJcW), N.A., a national banWall association orpmized MW W the laws of the United States, located at 701 But 601h Street No*, Sioux Wills, SD 57117 (the "Bank") and j*w Ceabj ry Fmadsl SvAcat, bc., a Now jermy corpo"gon, located at 2 Rid Amue, Su tea 104, Cedar Knolls, W 07927 ("Buy.W). For value teaeived and subject to the tens and conditions of the Purchas mmsfer, s4 ass{sn, +comy, grate bargain, set over and deliver to Buym and to successors and assigns, the A:ccmutts desa'tszd in Section 12 of the Agreement. This Bii# of Sale, Assignment and Assumption Agreement is executed without recourse and widw iepreseatatians or wa ties including, without 3in3itation, war andes as to collecti Aty. Cittla k ( a mta? N New C+entory Fittancisl smices,.Inc. (Si at (Signature) Name: _ Name: Yee Piras hos - cit pool s - not to d - s 06.ja9 (I70Ox280Qx24b jp09) rXIIIIi1T 2 1111.1. OF 'at Lr-ASMNMZNTAND AWILIMMOR AGREEMENT 71118 HILL OF SAU- ASSIGN.%IF%f AND ASSUMPTION' AGRFF.klkN. -T is doted as of ??lj betwuem N.. Century Financial Service.. Inc., a vurporltion ntstwi.al under the New Jersey. lucaW at : RidScdsle A%WW. Suite 101. Cedar Ktudh. New Jersey CM7(dw 'Sdkr') and kesursetre Flaoxial. U.C. an Minis limited liability acpartiat. Imated at a 100 Cummacid Avenue. Mmtbbraol. IL fipt1 "-VHugcr'?. Fm mahte mccicsd and su*-ct to the terms and eamditimts of the Purchase and Sale Agreement dazed barween Buyer and the Seller Elbe 'AgrooWnt7, the Sella A%, hereby urower. sell. •aw%. ivmer. Cm, harsan, set o er wd deliver u- Buyer, and u- llu:+d- sooresucs and amigos. dtc Aeeouas daerilvd cr Section 1 ' of the Agrrcnwn:. ?his [till of Sala Assignment amt A-WnPtk a Agnentcnt is ececuwd wilts-at retrwse ant w1tim repro entatinnc or uarraNies including. w:tMmt limilatice. -AVm ales as TO collectibihty Sell" [ Buyer '? - - (Signature) lSignatwe) Name: nia;N Piro Title: Iliteettx of Sales A Aeouisttimms .ems.,-....s.M?(• s. Name: f1 %_ ...lfpl')aL Title. hkmlxt 17 irXIMBIT 2 RE LL OF SALL AS'S1GN14YENT AND ASSUMPT1014- AGRU M?NT THIS B111 OF SALE. AtSIONMENT AND ASSUMPTION AGREEMENT is dated as of May 30, 2006 betwww Restrgenee. Financial, LLC. a limited liability company organi2ed under the ' laws of Ulittois, located at 4100 Commercial Ave.. Northbrook. IL 6006,1(the "Seller") and Hudson & Keyse, LLC, a Delaware limited liability company, located at 382 Blackbrook Rd., Painesville, Q1j 44077 ("Buyer"). For value ieceitred and subject ,to the terms ad candilions of the Purcbase and Sale Aggreement 'i dated May 30, 2006. between Buyer and the Seller (the "Agrcome nt"). the Seller does hereby transfer. sell, assign. convey, grant. bargain, set over and deliver to Buyer. and to Buyer's successors and assigns, the Accounts dt scribed in: Section 1.2 of the AgreemenA. This Bill of Sslc; Assignment and Assumption Agreement is executed widmt recourse and without representations or warranties including, without limitation. warranties as to colle:¢tibility. i RESURGENCE FINANCIAL, LLC, Seller By: (Sigma") Name: David K. Kaplan HUDSON & KSYSE, LLC, Buyer By: re) CU(Zo'ftm'101 Name:1 Title: hlanaging Member Title: CEO >?esacroai.ro? 17 i i C) r-? C=3 0 rt r rn _T-; - 4 11 r) 0-1 71, C? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 08-5886 Civil VS. SVETLANA PATLATYUK CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Amended Complaint was served via first class mail, postage prepaid on November 10, 2008: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND AS C ATES, .C. By: I Ronald (Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 0%4 r HUDSON & KEYSE, LLC, Plaintiff V. SVETLANA PATLATYUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5886 CIVIL : CIVIL ACTION DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes Defendant, by and through her undersigned attorneys, and files these preliminary objections to Plaintiff's Amended Complaint, stating as follows: 1. DEMURRER PURSUANT TO PA.R.CIV.P. 1028(a)(4) 1. In Count I of its Amended Complaint, Plaintiff apparently seeks to establish a cause of action for breach of a credit card agreement which, allegedly, Defendant entered into with Plaintiff's predecessor-in-interest. (AmendedComplaint, ¶3-5 & 9-10.) In such an action, it is necessary, at the very least, to allege the terms and conditions of the agreement between the parties; Defendant's failure to satisfy one or more of the terms and conditions amounting to a breach; and the damages incurred by Plaintiff as a result of the alleged breach or breaches. 2. In Plaintiff's Amended Complaint, none of the foregoing facts are pleaded. Instead, there are only conclusory allegations that Defendant has allegedly failed to "make timely monthly payments [in accordance with] the then applicable terms and conditions" (without setting forth, anywhere, what those "then applicable terms and conditions" allegedly were) (see Amended Complaint, ¶7), and that an "amount due" is owed (id., ¶8 & 13). Furthermore, there is attached to the Amended Complaint only a few alleged statements allegedly assessing "Late Fees" and/or "Finance Charges," but on none of said statements is any information contained P 4 regarding the alleged underlying purchases; dates; amounts of purchase; or items purchased. (Amended Complaint, Exhibit A.) WHEREFORE, Defendant respectfully requests that Count One of Plaintiff's Amended Complaint be dismissed for failure to state a claim upon which relief can be granted. II. DEMURRER PURSUANT TO PA.R.CIV.P. 1028(a)(4) 3. In Count II of its Amended Complaint, Plaintiff apparently seeks to establish a cause of action for unjust enrichment allegedly resulting from Defendant's supposed retention of "the credit card services described in the exhibits attached hereto." (Amended Complaint, ¶17.) In said exhibits, however, no such credit card services are described at all. Rather, the alleged statements attached as Exhibit A include only an assessment of late charges and/or finance charge, and the documents attached as Exhibit B set forth only alleged assignments of claims. In short, Plaintiff has failed to describe what "benefits" Defendant has supposedly "unjustly" retained. WHEREFORE, Defendant respectfully requests that Count Two of Plaintiff's Amended Complaint be dismissed for failure to state a claim upon which relief can be granted. III. MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.CIV.P. 1028(a)(3) 4. This Count of Defendant's preliminary objections is filed in the alternative to the demurrers (Preliminary Objections, Counts I and II). 5. It is not possible for Defendant to respond to Plaintiff's Amended Complaint, as the Amended Complaint does not set forth the terms of the alleged agreement between Plaintiff and 2 Defendant (P.O.'s Count I, supra); and it does not specifically aver time, place and damages resulting from the alleged non-payment of a debt in violation of Pa.R.Civ.P. 1019(f) (id.). See Marine Bank v. Orlando, 25 D&C3d 264, 268 (Erie Co. 1982)(A credit card company plaintiff must allege in its complaint "the dates on which individual transactions were made, the amounts therefore and the items purchased [so as to permit the defendant] to be able to answer intelligently and determine what items he can admit and what he must contest.") WHEREFORE, Defendant respectfully requests that Plaintiff be required to file a more Dated: It 12-1 /o Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, ohn G. Milakovic F _?" Thomas S. Beckley Attorneys for Defendant specific pleading, wherein the Plaintiff must set forth: the material terms of the alleged agreement between itself and Defendant; and the kind and amount of the goods and services supposedly provided, the dates of sale and delivery of each of said goods and services, the prices therefor, and the Defendant's alleged failures to pay said prices (including specifically the dates of such alleged breaches) and how such failures breached the alleged agreement between itself and Defendant. 3 CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Ronald Amato, Esquire Michael J. Kennedy, Esquire Michael R. Lessa, Esquire Justin N. Davis, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: it 0 4G. Milakovic .,! ? ?,?, t.. <LL?, °i"3 ?? ?? ?: ?` 3 ,,? - TF -w w ? '?.J 3, w;.. , s "' ` ti i z..::,) .. .. , : F...... . ?,. ,? ,COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 08-5886 Civil vs. SVETLANA PATLATYUK CIVIL ACTION i Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Amended Complaint was served via first class mail, postage prepaid on December 2, 2008: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSO IATES P.C. By: Ronald m 'to, sq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ci ?A j PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) r 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) HUDSON & KESYSE, LLC SVETLANA PATLATYUK vs. No 08-5886 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint etc.: DEFENDANT S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 2. Identify all counsel who will argue cases: (a) for plaintiffs: 107 NORTH COMMERCE WAY JUSTIN DAVIS, MICHAEL LESSA OR DANIEL WECHSLER BETHLEHEM PA 18017 (Name and Address) (b) for defendants: JOHN G. MILAKOVIC, ESQUIRE, 212 NORTH THIRD STREET, PO BOX 11998, HARRISBURG PA 17108 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court l?at& 22 , 2009 PLAINTIFF Date: MAY 26 , 2009 Attorney for 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. MICHAEL LESSA, ESQUIRE Print your name COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Praecipe for Listing Case for Argument was served via first class mail, postage prepaid on May 26, 2009: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AID ASSOC P.C. By: \ . 1 _ Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM _ . 7 /.' FILE, car T€ E 'r 2099 JU - I I'Ii I : 5 +? 1" 1 HUDSON & KEYSE, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-5886 CIVIL SVETLANA PATLATYUK, Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO AMENDED COMPLAINT BEFORE HESS, OLER AND GUIDO, J.J. ORDER AND NOW, this 3'y day of September, 2009, the preliminary objection of the Defendant in the nature of a demurrer to the Plaintiff's claim for breach of contract is DENIED. The preliminary objection of the Defendant in the nature of a demurrer to a count of quantum meruit is GRANTED and said count is DISMISSED. The Defendant's preliminary objection in the nature of a motion for a more specific pleading is GRANTED and the Plaintiff is granted leave to amend the complaint consistent with the accompanying opinion and, specifically, with the standards as set forth in Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340, 344-45 (Pa.Super. 2003). BY THE COURT, •/ nald Amato, Esquire ichael J. Kennedy, Esquire ?l?fichael R. Lessa, Esquire ?T stin N. Davis, Esquire For the Plaintiff ./Jo G. Milakovic, Esquire homas S. Beckley, Esquire For the Defendant Am CIP/Oct ?:?A HUDSON & KEYSE, LLC, Plaintiff vs. SVETLANA PATLATYUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5886 CIVIL IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO AMENDED COMPLAINT BEFORE HESS, OLER AND GUIDO, J.J. OPINION AND ORDER On October 2, 2008, Hudson & Keyse, LLC ("Plaintiff') filed a complaint against Svetlana Patlatyuk ("Defendant"). Plaintiff is the ultimate assignee of Citibank (South Dakota), N.A. ("Citibank").' Plaintiff asserts two causes of action against Defendant: breach of contract and, in the alternative, quantum meruit. Plaintiff alleges that Defendant failed to make timely payments on her credit card account with Citibank as required by the credit card agreement. Alternatively, Plaintiff alleges that Defendant was unjustly enriched by obtaining a credit card from Citibank, using it, and failing to pay for its use. Included as exhibits to Plaintiff s Complaint are monthly statements showing assessments of periodic interest on Defendant's account and three "Bill of Sale, Assignment and Assumption" agreements establishing a chain of title between Citibank and Plaintiff. Defendant filed Preliminary Objections to Plaintiff s Complaint, including a demurrer to Plaintiff s breach of contract claim, a motion to strike the entire complaint for failure to conform to rules of court, and in the alternative, a motion for a more specific pleading. Plaintiff then filed ' Citibank first sold its rights pursuant to its account with Defendant to New Century Financial Services, Inc. Next, New Century Financial Services conveyed its rights to Defendant's account to Resurgence Financial, LLC. Finally, Resurgence Financial transferred its rights under Defendant's account to Plaintiff. (See Ex. B of Plaintiffs Amended Complaint.) NO. 08-5886 CIVIL its Amended Complaint in which it noted that it was making progress toward obtaining the cardholder agreement between Citibank and Defendant. Defendant has again filed Preliminary Objections in the nature of demurrer to Plaintiff's breach of contract and quantum meruit claims, and alternatively, a motion for a more specific pleading. Defendant challenges Plaintiff's breach of contract claim in Preliminary Objections in the nature of a demurrer. When ruling on a preliminary objection in the nature of a demurrer, the court must accept as true every material and relevant fact well pleaded in the complaint and every inference reasonably deducible therefrom. See, e.g., Yania v. Bigan, 397 Pa. 316, 318, 155 A.2d 343, 344 (1959). A demurrer does not admit conclusions of law or unjustified inferences. See, e.g., Lerman v. Rudolph, 413 Pa. 555, 557-58, 198 A.2d 532, 533 (1964). The question presented by a demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible. Hoffman v. Misericordia Hosp. of Philadelphia, 439 Pa. 501, 503, 267 A.2d 867, 868 (1970). If any doubt exists as to whether a demurrer should be sustained, the demurrer should be overruled. Hoffman, 439 Pa. at 504, 267 A.2d at 868. To establish a facially valid breach of contract action, the plaintiff must plead the existence of a contract, including its essential terms, a breach of a contractually-imposed duty, and resultant damages. See, e.g., CoreStates Bank, N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa.Super. 1999). While it is not necessary to state each term in exacting detail, every element must be specifically pleaded. Id. Turning to the contents of Plaintiff's Amended Complaint, it is clear that it has pleaded sufficient facts to set forth a facially valid breach of contract action. Starting with the existence of a contract, Plaintiff alleges Defendant obtained a credit card account with Citibank on or about 2 NO. 08-5886 CIVIL July 1, 1998. (Amend. Compl. ¶ 1.) While Plaintiff acknowledges that it currently is not in possession of the credit card agreement between Citibank and Defendant, it does allege that the contractual interest rate is 20.74% per annum. (Amend. Compl. ¶ 12.) Plaintiff has also pleaded sufficient facts to set forth a breach of a contractually-imposed duty and resulting damages. This comes in the form of Defendant's alleged failure to make timely payments as required under the cardholder agreement. (Amend. Compl. ¶ 6.) Defendant allegedly owes Plaintiff $2,944.48 plus $2044.54 interest as of November 3, 2008, continually accruing at the rate of 20.74% per annum. (Amend. Compl. ¶¶ 8, 13-14.) Because sufficient facts to set forth a facially-valid breach of contract claim have been pled, Defendant's preliminary objection in the form of a demurrer to Count I of Plaintiff's Amended Complaint will be overruled. Plaintiff includes in its Amended Complaint Count II, setting forth a quantum meruit claim against Defendant. Quantum meruit is an equitable quasi-contract doctrine. Wiernik v. PHH U.S. Mortg. Corp., 736 A.2d 616, 622 (Pa.Super. 1999). Elements of a quantum meruit claim include, "benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value." Id. (quoting Styer v. Hugo, 422 Pa.Super. 262, 267, 619 A.2d 347, 350 (1993)). The law does not always require an election of remedies as between breach of contract and quantum meruit. To the contrary, in proper cases, claims for breach of contract and quantum meruit are not inconsistent. See Larry Pitt & Associates v. Long, 716 A.2d 695, 703 (Pa.Cmwlth. 1998) (Workers' Compensation claimant's former attorney, who sought recovery of attorney fees, was not restricted to an 3 NO. 08-5886 CIVIL election of either a remedy for breach of contract or a remedy by way of quantum meruit.) On the other hand, it has been held that where the contract is written or expressed, the doctrine of quasi-contract or quantum meruit, is inapplicable. Northeast Fence and Ironworks, Inc. v. Murphy Quigley Co., Inc., 933 A.2d 664, 669 (Pa.Super. 2007) citing Lackner v. Glosser, 892 A.2d 21, 24 (Pa.Super. 2006). The dispute in the case sub judice arises from a written contractual agreement between Defendant and Citibank. Plaintiff quotes Northeast Fence do Iron Works, Inc. v. Murphy Quigley Co., Inc., 933 A.2d 664 (Pa.Super. 2007) and has apparently given the phrase "in spite of the absence of an agreement" a far too literal reading. The absence of an agreement is not the same as the inability of Plaintiff to obtain a copy of an existing agreement. As a result of the express, written nature of the relationship at issue here, Defendant's Preliminary Objection in the nature of a demurrer to Plaintiff's quantum meruit will be sustained.2 Next is the question of whether the court should grant Defendant's motion for a more specific pleading. Defendant argues that Plaintiff's Amended Complaint fails to conform to the requirements of Rule 1019(f), which requires "averments of time, place and items of special damage shall be specifically stated" in a complaint. Pa.R.C.P. 1019(f). As a result of these omissions, Defendant argues that it is not possible to respond to Plaintiff's Amended Complaint and moves for a more specific pleading pursuant to Rule 1028(a)(3). As noted above, Rule 1019(f) requires specific averments of time, place and items of special damages. Subdivisions (h) and (i) of Rule 1019 are also relevant in this context. Rule z The allegation that the defendant enjoyed the benefit of obtaining goods and services by using her credit card merely underscores the importance of written documentation of the credit card transactions. In the meantime, the assessment of late fees and arguable usurious interest can hardly be said to be "benefits" which were "appreciated" by the defendant and inequitable for the defendant to "retain." 4 NO. 08-5886 CIVIL 10 19 (h) requires that "when any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." Pa.R.C.P. 1019(h). Directly related to Rule 1019(h) is subdivision(i), which states: When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing. Pa.R.C.P. 1019(i). Thus, there is substantial overlap between subsections (f), (h), and (i) of Rule 1019 in the context of a civil action to recover an outstanding credit card balance. Generally, when evaluating a motion for a more specific pleading under Rule 1028(a)(3), the issue is "whether the complaint is sufficiently clear to enable the defendant to prepare his defense, or whether the plaintiffs complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without question upon what grounds to make his defense." Rambo v. Greene, 906 A.2d 1232, 1236 (Pa.Super. 2003) (quoting Amlung v. City of Chester, 224 Pa.Super. 47, 302 A.2d 491, 498 n. 36 (1973)) (internal quotation marks omitted). In debt collection actions filed by credit card companies against their customers, the plaintiff must include with the complaint a copy of the credit card agreement and a statement of account. Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340, 344-45 (Pa.Super. 2003). In addressing the question of whether preliminary objections asserted a meritorious defense for the purpose of opening a judgment, the court said: We find that the failure to attach the writings which assertedly establish appellee's right to a judgment against appellants in the amount of $17,496.27, based on an alleged debt it allegedly purchased for substantially less than $9,644.66, is 5 NO. 08-5886 CIVIL fatal to the claims set forth in appellee's complaint. Thus, the preliminary objection of appellants based on failure to produce a cardholder agreement and statement of account, as well as evidence of the assignment, establishes a meritorious defense. Id. at 345. Additionally, "an assignee may sue as the real party in interest, but it must first `trace in [its] pleading the derivation of [its] cause of action from [its] assignor."' Remit Corp. v. Miller, 5 Pa. D. & C.5th 43, 47 (Centre Co. 2008) (quoting Brown v. Esposito, 157 Pa. Super. 147, 149, 42 A.2d 93, 94 (1945)). In addition, in Remit Corp., the court held that the plaintiff had not complied with the requirements of Rule 1019(i) by including with its complaint an unsigned credit card agreement dated two years after the defendant allegedly opened her account. Remit Corp., 5 Pa. D. & C.5th at 45. In Capital One Bank (USA) NA v. Clevenstein, 7 Pa. D.& C. 5th 153 (Centre County 2009), the court held that the plaintiff satisfied Rule 1019(i) by including with its complaint "several Capital One monthly billing statements bearing defendant's name, dating from the opening of the account to the present, and reflecting individual charges and fees," sufficient to illustrate how the plaintiff arrived at the amount it sought from the defendant. Capital One Bank, 7 Pa. D. & C.5th at 156. We decline to hold that the Plaintiff in this case must attach each and every monthly billing statement. It is possible, in fact, that the contract between the parties precludes a challenge to a credit card transaction after a certain period of time. Nonetheless, we are satisfied that, in this case, Plaintiff's Amended Complaint falls short of the requisite specificity required by Rule 1019. In this case, while Plaintiff acknowledges that it is not currently in possession of the credit card agreement between Citibank and Defendant, it has failed to set forth the substance of 6 NO. 08-5886 CIVIL the contract, as required by Rule 1019(i). These terms are essential, as they would presumably explain the imposition of interest, fees, and other charges that led to the sum to which Plaintiff claims entitlement. Instead, attached to the complaint are several monthly statements supporting Plaintiff's conclusory claim of entitlement to judgment in the amount of $5,055.94 plus continually accruing interest at the rate of 20.74% per annum from November 3, 2008. These statements come after Defendant ceased using the card for purchases and/or cash advances, as they show that the only charges incurred by Defendant are periodic interest charges. As a result, they do very little - if anything at all - to illustrate how Plaintiff arrived at the amount it now seeks from Defendant. ORDER AND NOW, this 3-1 day of September, 2009, the preliminary objection of the Defendant in the nature of a demurrer to the Plaintiff's claim for breach of contract is DENIED. The preliminary objection of the Defendant in the nature of a demurrer to a count of quantum meruit is GRANTED and said count is DISMISSED. The Defendant's preliminary objection in the nature of a motion for a more specific pleading is GRANTED and the Plaintiff is granted leave to amend the complaint consistent with the accompanying opinion and, specifically, with the standards as set forth in Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340, 344-45 (Pa.Super. 2003). BY THE COURT, 7 NO. 08-5886 CIVIL Ronald Amato, Esquire Michael J. Kennedy, Esquire Michael R. Lessa, Esquire Justin N. Davis, Esquire For the Plaintiff John G. Milakovic, Esquire Thomas S. Beckley, Esquire For the Defendant :rlm 8 FLED ?:. OF THE.. F""', 1 TAIRY 2019 SilI' --3 AI it1: 21 01 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff vs. No. 08-5886 Civil SVETLANA PATLATYUK CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Second Amended Complaint was served via first class mail, postage prepaid on September 24, 2009: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ARY 2J09 S :i' 28 1'1-1 ?: 26 I HUDSON & KEYSE, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5886 CIVIL SVETLANA PATLATYUK, : CIVIL ACTION Defendant : DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW comes Defendant, by and through her undersigned attorneys, and files these preliminary objections to Plaintiff's Second Amended Complaint, stating as follows: 1. MOTION FOR A MORE SPECIFIC PLEADING PURSUANT TO PA.R.CIV.P. 1028(a)(3) 1. It is not possible for Defendant to respond to Plaintiff's Second Amended Complaint, as the Second Amended Complaint does not set forth the essential terms of the alleged agreement between Plaintiff's predecessor-in-interest and Defendant, and it does not specifically aver time, place and damages resulting from the alleged non-payment of a debt in violation of Pa.R.Civ.P. 1019(f) (id.). See Marine Bank v. Orlando, 25 D&C3d 264, 268 (Erie Co. 1982)(A credit card company plaintiff must allege in its complaint "the dates on which individual transactions were made, the amounts therefore and the items purchased [so as to permit the defendant] to be able to answer intelligently and determine what items he can admit and what he must contest.") 2. In this Court's Opinion and Order dated September 3, 2009, the Court, citing Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340, 344-45 (Pa.Super. 2008), granted Defendant's Motion for a More Specific Pleading and directed Plaintiff to set forth the "substance of the contract, as required by Rule 1019(f)" (Opinion, at pp. 6-7), and "to illustrate how Plaintiff arrived at the amount it now seeks" (id., at p. 7). In Plaintiff's Second Amended Complaint, Plaintiff has complied with neither directive. WHEREFORE, once again, Defendant respectfully requests that Plaintiff be required to file a more specific pleading, wherein the Plaintiff must set forth: the material terms of the alleged agreement between itself and Defendant; and the kind and amount of the goods and services supposedly provided, the dates of sale and delivery of each of said goods and services, the prices therefor, and the Defendant's alleged failures to pay said prices (including specifically the dates of such alleged breaches) and how such failures breached the alleged agreement between itself and Defendant. Dated: ?/ Zl /09 Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, VMilakovic Thomas S. Beckley Attorneys for Defendant 2 CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Ronald Amato, Esquire Michael J. Kennedy, Esquire Michael R. Lessa, Esquire Justin N. Davis, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: 9! tiS/09 J G. Milakovic 2H9 SEP 38 PM 2: 38 COMB `Q COUNW PDNSY4JtAw c COURT OF COMMON PLEAS OF CUMMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 08-5886 Civil VS. SVETLANA PATLATYUK CIVIL ACTION Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT The above Plaintiff files the within Answer to Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint and states the following: 1. Denied. Plaintiff's Second Amended Complaint speaks for itself. 2. Denied. The Court Order of September 3, 2009 speaks for itself. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint be overruled. AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ALED-OPHCE OF THE PRO7- ?NOTARY 1009 OCT -2 PM 2: 42 PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff vs. SVETLANA PATLATYUK Defendant(s) : No. 08-5886 Civil CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint was served via first class mail, postage prepaid on September 30, 2009: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSOCIATES, P.C. By: t i Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM OF THE pROT' '()NOT 2009OCT _6 AM 10: 36 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) r .. 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) HUDSON & KEYSE, LLC SVETLANA PATLATYUK vs. 08-5886 CIVIL No. Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint etc. DEFE 'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT 2. Identify all counsel who will argue cases: (a) for plaintiffs: JUSTIN DAVIS, MICHAEL LESSA OR DANIEL WECHSLER 107 NORTH COMMERCE WAY BETHLEHEM PA 18017 (Name and Address) JOHN G. MILAKOVIC, ESQUIRE 212 NORTH THIRD STREET, PO BOX 11998, HARRISBURG PA 17108 (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. 4. Argument Court Date: Signature MICHAEL LESSA, ESQUIRE Print your name PLAINTIFF OCTOBER 27, 2009 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. HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Praecipe for Listing Case for Argument was served via first class mail, postage prepaid on October 27, 2009: John G. Milakovic, Esquire 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSOCI ES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ca/-AL FILE Fr E OF THE I; Tr;;; l""NARY . 2 009 0!;T 30 F.' 1 3* 3 5 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Brief in Support of Plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint was served via first class mail, postage prepaid on November 18, 2009: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO A D ASSOCI ES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM OF THIE' ,'`? ~ rlt !)TARY 2009 NOV 25 PH 12: U9 HUDSON & KEYSE, LLC, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5886 CIVIL SVETLANA PATLATYUK, Defendant IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S SECOND AMENDED COMPLAINT BEFORE HESS. OLER AND GUIDO J.J ORDER AND NOW, this 30 ` day of November, 2009, it appearing that the plaintiff's second amended complaint contains an explanation with respect to why the original credit card agreement is unavailable and includes numerous account statements reflecting the computation of the account balance, several of which contain record of payment by the defendant and the Court concluding that the allegations of the complaint are sufficient to permit the defendant to formulate an answer, the defendant's preliminary objections to plaintiff's second amended complaint are OVERRULED. BY THE COURT, Ronald Amato, Esquire ,ichael J. Kennedy, Esquire ichael R. Lessa, Esquire ustin N. Davis, Esquire For the Plaintiff Jo G. Milakovic, Esquire homas S. Beckley, Esquire For the Defendant Arn 120p t Es rrn?a t LL a /.3 0104 - `.L n n HUDSON & KEYSE, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5886 CIVIL SVETLANA PATLATYUK, : CIVIL ACTION Defendant NOTICE TO PLEAD To: Michael R. Lessa, Esquire, Amato and Associates, P.C., 107 North Commerce Way, Bethlehem, PA 18017 (Attorney for Plaintiff) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, J G. Milakovic homas S. Beckley Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Attorneys for Defendant HUDSON & KEYSE, LLC, Plaintiff V. SVETLANA PATLATYUK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5886 CIVIL CIVIL ACTION DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT, WITH NEW MATTER AND NOW comes Defendant (Ms. Patlatyuk), by and through her undersigned attorneys, and files Answer to Plaintiff's Second Amended Complaint, with New Matter, stating as follows: 1. ANSWER TO COMPLAINT 1. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. By way of further answer, Plaintiff has failed to identify what type of business association it is. 2. Admitted. 3. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. By way of further answer, Ms. Patlatyuk avers that she did have access to a VISA credit card, but she does not recall at this point how that came to be. In 1998, Ms. Patlatyuk was married and recalls that there were various credit cards which either she or her spouse at the time had, to which the other had access. Ms. Patlatyuk does not know whether the alleged VISA account on which suit has been brought is an account which either she or her spouse had. She does not recognize the account number on the various statements attached to the Second Amended Complaint. 4. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 5. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. By way of further answer, Ms. Patlatyuk does not recall doing so and does not recall "terms and conditions." 6. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 7. Denied. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the allegation that she ever "defaulted on the credit card." In particular, she does not remember whose name the card was in (i.e., her or her ex-husband's); what the terms and conditions of said card were; or who made any alleged purchases or obtained cash advances. It is admitted that she made payments to "Citi Cards" but does not know whether her payments were for the particular card or account on which Plaintiff has brought suit. 8. Denied. This Paragraph of Plaintiff's Second Amended Complaint consists of a legal conclusion to which no response is required. 9. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. In particular, Ms. Patlatyuk does not know on what the account statements attached to the Second Amended Complaint are based (i.e., what purchases or alleged cash advances, by whom, and on whose card) and, therefore, does not know whether she actually was ever required to pay anything more than she did. 10. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 11. Denied. To the contrary, the statements attached to Plaintiff's Second Amended Complaint as Exhibit C begin with the asserted balance of $3,050.02, without any explanation 2 whatsoever. Then, those statements proceed to assess monthly finance charges and penalties. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and in particular she does not know how the original alleged balance of $3,050.02 became due (i.e., who bought what, and when, and for how much). 12. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 13. Denied. This Paragraph of Plaintiff's Second Amended Complaint consists of a legal conclusion to which no response is required. 14. After reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 15. Denied. This Paragraph of Plaintiff's Second Amended Complaint consists of a legal conclusion to which no response is required. By way of further answer, after reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 16. Denied. This Paragraph of Plaintiff's Second Amended Complaint consists of a legal conclusion to which no response is required. By way of further answer, after reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 17. Denied. This Paragraph of Plaintiff's Second Amended Complaint consists of a legal conclusion to which no response is required. By way of further answer, after reasonable investigation, Ms. Patlatyuk is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 3 18. Admitted. WHEREFORE, Ms. Patlatyuk respectfully requests that Plaintiff's action be dismissed, with prejudice. II. NEW MATTER 19. Plaintiff has failed to state a claim upon which relief can be granted. 20. The parties agreed to settle this matter, in 2008. Specifically the parties agreed that the payment by Ms. Patlatyuk of the sum of $400.00, payable at the rate of $25.00 per month until the $400.00 was paid, would constitute a full and complete settlement of the matter now in dispute. 21. On or about August 15, 2008, Ms. Patlatyuk, through her attorneys, transmitted a proposed written settlement agreement to Plaintiff's counsel, reflecting the parties' agreement. Ms. Patlatyuk stood ready, willing and able to perform all of her obligations under said 22. Plaintiff failed and refused to execute the agreement or to consummate the settlement. Instead, Plaintiff commenced this lawsuit. 23. This action is barred by the parties' settlement agreement. 24. Plaintiff is estopped from pursuing this action by its unclean hands including, among other things, its violation of the Fair Debt Collection Practices Act. 25. This action is barred, in whole or in part, by the statute of limitations. 4 WHEREFORE, Ms. Patlatyuk respectfully requests that Plaintiffs action be dismissed, with prejudice. Dated: 17-117/Uq Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4ioG.ilakovic %IkIw Jt 4"116 Thomas S. Beckley Attorneys for Defendant VERIFICATION I, Svetlana Patlatyuk, hereby verify that I have read the foregoing Answer to Second Amended Complaint and that the facts set forth therein are true to the best of my knowledge, information and belief. 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: [2-1 Svetlana Patlatyuk CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Ronald Amato, Esquire Michael J. Kennedy, Esquire Michael R. Lessa, Esquire Justin N. Davis, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: / 2-/[7/0 ? J Milakovic 20B 0 E C 1 6 PH 12: 0 u t f ., rtl i `l_` r ?,?+ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. 08-5886 Civil vs. SVETLANA PATLATYUK Defendant CIVIL ACTION PLAINTIFF'S REPLY TO NEW MATTER Plaintiff, by and through counsel, Amato & Associates, P.C., files the within Reply to New Matter of Defendant, and in support thereof avers as follows: 19. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 20. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. By way of further response, the parties never reached a meeting of the minds on material terms of the proposed settlement. Accordingly, there was no settlement. 21. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. By way of further response, the parties never reached a meeting of the minds on material terms of the proposed settlement. Accordingly, there was no settlement. 22. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. By way of further response, the parties never reached a meeting of the minds on material terms of the proposed settlement. Accordingly, there was no settlement. 23. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. By way of further response, the parties never reached a meeting of the minds on material terms of the proposed settlement. Accordingly, there was no settlement. 24. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. 25. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer for relief set forth in Plaintiffs Complaint. AMATO A D ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION Nancy A. Quere hereby states that he/she is the Legal Account Manager of Hudson & Keyn. L.L.C. , Plaintiff in this action, and verifies that the statements made in the attached document ane true and cornet to the best of 'his/her knowledge, infoi mation and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa C..S.. Section 4904 relating to unworn falsification to authorities- . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ` CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 08-5886 Civil VS. SVETLANA PATLATYUK : CIVIL ACTION Defendant CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs Reply to New Matter was served via first class mail, postage prepaid on December 18, 2009: John G. Milakovic 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSOCIATES, P.C. By: \ Lk Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Fl,UE T-:rtt: FItCE `.?. THE Pr-,C, .lC5N,!'OTARY 2609 DEC 22 AN 11: 4 7 .? HUDSON & KEYSE, LLC, : IN THE COURT OF COMMON PLEAS OF - Plaintiff C ) : CUMBERLAND COUNTY, PENNSYLVANIA 71 Z V. : NO. 08-5886 CIVIL CTs ::? ?l SVETLANA PATLATYUK, : CIVIL ACTION Defendant DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW comes Defendant (Ms. Patlatyuk), by and through her undersigned attorneys, and files this Motion for Judgment on the Pleadings, pursuant to Pa.R.Civ.P. 1034, and in support of said Motion, avers as follows: 1. The pleadings are closed. 2. Judge Hess has previously ruled twice in this matter: First, on September 3, 2009, Judge Hess granted in part and denied in part Defendant's preliminary objections to Plaintiff's Amended Complaint. Second, on November 30, 2009, Judge Hess denied Defendant's preliminary objections to Plaintiff's Second Amended Complaint. 3. In its Second Amended Complaint, Plaintiff has failed to state a claim upon which relief can be granted, for the following reasons: A. Plaintiff's Second Amended Complaint does not include a copy of the credit card agreement, nor does it include a statement of account showing how the balance allegedly owing accrued. These failures are fatal, under Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340, 344-45 (Pa.Super. 2003); B. While Plaintiff has explained the reason that the credit card agreement is unavailable, Plaintiff has not even alleged the substance of the material terms of the alleged credit card agreement. Pa.R.Civ.P. 1019(i) requires that, if a writing on which a cause of action is based is not available, the pleading party must at least set forth the substance of the writing. Plaintiff has had three opportunities to comply with that Rule and has not done so to date. One can only reasonably conclude that Plaintiff is unable to comply. In short, Plaintiff cannot even plead the substance of the material terms of the alleged contract at issue-clearly, under such circumstances, Plaintiff cannot state a claim for breach of that alleged contract; C. The numerous monthly statements attached to Plaintiff's Second Amended Complaint are the same monthly statements which had been attached to previous versions of Plaintiff's Complaints, and they do not satisfy the Atlantic Credit requirement of an account statement showing how the balance accrued. Instead, as this very Court previously pointed out with respect to these very same monthly statements: [A]ttached to the complaint are several monthly statements supporting Plaintiff s conclusory claim of entitlement to judgment in the amount of $5,055.94 plus continually accruing interest at the rate of 20.74% per annum from November 3, 2008. These statements come after Defendant ceased using the card for purchases and/or cash advances, as they show that the only charges incurred by Defendant are periodic interest charges. As a result, they do very little-if anything at all-to illustrate how Plaintiff arrived at the amount it now seeks from Defendant. (Opinion and Order dated September 3, 2009, at p. 7.) 2 WHEREFORE, Ms. Yevtukh respectfully requests that the Court enter judgment on the pleadings in her favor and against Plaintiff as to all claims raised in Plaintiff's Second Amended Complaint, and that the Court dismiss said Second Amended Complaint, with prejudice. Dated: Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, 4JoG-ilakovic ' A Thomas S. Beckley Attorneys for Defendant 3 .01 CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Ronald Amato, Esquire Michael J. Kennedy, Esquire Michael R. Lessa, Esquire Justin N. Davis, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated://7-a-//p 4MJoG.ilakovic COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil : CIVIL ACTION 0 CZ °N f fI rT _ 3` J1 w ?rn c3 PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS 1. Admitted. 2. It is admitted that Judge Hess heard arguments on Defendant's Preliminary Objections to Plaintiff's Amended Complaint on two occasions and that on the most recent occasion Judge Hess denied the preliminary objections. 3. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proof thereof is demanded at trial, if relevant. By way of further answer, the issue was already resolved in favor of the Plaintiff the last time that Defendant's preliminary objections were argued. A. Denied. This issue has already been decided by the court when it ruled in favor of Plaintiff when addressing Defendant's preliminary objections. B. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a further response may be required, this averment is specifically denied and strict proofthereof is demanded at trial, if relevant. This issue has already been resolved by the court and in favor of Plaintiff when addressing Defendant's preliminary objections. C. Denied. This issue has already been decided by the Court in favor of the Plaintiff when addressing Defendant's preliminary objections. WHEREFORE, the Plaintiff respectfully requests that this Court deny the Defendant's Motion for Judgment on the Pleadings as all the issues herein have already been ruled on and found in favor of the Plaintiff by this Court. AMATO A SSOCIATES, P.C. By. Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .- CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil CIVIL ACTION CERTIFICATE OF SERVICE c c _ rn The undersigned certifies that a true and correct copy of Plaintiff's Response to Defendant's Motion for Judgment on the Pleadings was served via first class mail, postage prepaid on February 2, 2010: John G. Milakovic, Esq. 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSOCIATES, P.C. By: ? 1 1 . Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM CAjAI. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) 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) -., r HUDSON & KEYSE, LLC M co vs. SVETLANA PATLATYUK' rv m No. 08-5886 CIVIL errr c 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS 2. Identify all counsel who will argue cases: (a) for plaintiffs: 107 N. COMMERCE WAY, BETHLEHEM PA 18017 MICHAEL LESSA, ESQUIRE, DANIEL,WECHSLER, ESQUIRE AND/OR JUSTIN DAVIS, ESQUIRE -(Name and Address) JOHN G. MILAKOVIC, ESQUIRE, 212 N. THIRD STRET, BOX 11998, HARRISBURG PA 17108 (b) for defendants: R (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: MAY 12, 2010 Signature MICHAEL LESSA, ESQUIRE Print your name PLAINTIFF 2010 Attorney for MARCH 11 , 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. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 08-5886 Civil VS. SVETLANA PATLATYUK CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Praecipe for Listing Case for Argument was served via first class mail, postage prepaid on March 11, 2010: John G. Milakovic, Esq. 212 N. Third St. Box 11998 Harrisburg, PA 17108 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. SVETLANA PATLATYUK Defendant(s) No. 08-5886 Civil CIVIL ACTION PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: rv 0 --?c rn 8%4 Please discontinue the above-captioned case WITHOUT prejudice. AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM