The URL can be used to link to this page

Home My WebLink About08-6212COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff b8 ? Coa?a No. Civil Term VS. VALERIE ZEHRING, Defendant : 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 ATTORNEYS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Al . Mege, E/q. Attorney ID No. Attorney for PlaLaw Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. VALERIE ZEHRING, Defendant : No. 0- G Z (,1 Civil Term : CIVIL ACTION COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Valerie Zehring ("Zehring"), an individual with an address of 1349 Kuhn Road, Boiling Springs, PA 17007. Count I - Breach of Contract 3. Defendant requested a credit card from First USA Bank. 4. First USA offered Defendant a revolving open-end charge account and issued a card to the Defendant subject to the terms and conditions set forth in a written agreement, a true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant accepted the terms of the written account agreement by using the First USA Bank - Providian credit card, account number 5184-4500-1939-7995 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to Defendant's use of the First USA Bank credit card. 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The within account was sold by Chase Manhattan Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A., parent corporation of First USA Bank) to Unifund CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale and Bill Of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff s court costs and reasonable attorneys fees. 12. As of September 5, 2008, the balance due and owing to Plaintiff from Defendant was $17,811.95. WHEREFORE, plaintiff, requests judgment in its favor and against the Defendant, in the amount of $17,811.95 plus costs and interest from September 5, 2008 as well as reasonable attorneys fees of $4,452.99 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 2 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $17,811.95 plus costs and interest from September 5, 2008 as well as reasonable attorneys fees of $4,452.99 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 3 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $17,811.95 plus costs and interest from September 5, 2008. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $17,811.95 plus costs and interest from September 5, 2008 as well as reasonable attorneys fees of $4,452.99 and such other and further relief as the Court may deem just and appropriate. By: an R. M6ge, Es ire Atty. I.D. #81 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 f r. . 5 . 1. w .mow...-•---• --~??... _ ... .r_ •v-w1•r r • (:arclmember Agreement 71n's m dhe ?oawvt dror! atab6adnua dhr reattw eft?aw (',a?narnduerkawuu ('Arrnxrou?) h? ? t6di to ibmi h edws baths dim ow CSC Rank \.A-. f d ?haaeanme Abe m d+e faoc d?arCardT ! rd° R and m eeomdt.You doom cooed whip dh AgFccSmt.P? 0Ile bsrlk dyour Curd 0Imes hhwe Pot ake drdwo sa 110 oarrulmw Delsoft- Aar me d? 4d or Aooornrt am bdarg mm& by Rarest 1? 6tnk ?i is ,ta4 Amatmt eonGraayac aao?o+m ddae danaKawdoaaditioaaddrrAp?- Dcfi"mu In tbb MmarX0,ft++oods'?eu" aed'?Z tderloadt pe= QdM* Md ?r J pore don one) o Its apps rer doe Awntt aht . awr odrv pe?0 doe bat age to be 7Newor,dswve"."d i'd%mO, dergi'avtES&tBank?andmoi hutoaatkha. "1 a 'E" w e"h UAcd w m& ca dot . an low /1 Utowd metbe +eurrned n a w w or "" coF'at °& or nXteaa or iktwgYuwr Amswoc os?y am Clad b Aawuert ptatdme or k we 6'A ants amormts ores ?? tfre cud b bosaa+d or tratder b>Mwes lom otker sawn ? i- Yoneygwr.BxCold t,obdamhlosros?'U& ia ard+ to ?caouat? ? hwid of all cutkatioo dacam?r da<C'+I& you b Move 104f A e+dtrrt&v?lwtd?e«??"??°`?b?sgAOOm??gfm[Leda. - We W# Mne'?Oomedmoe dnedW to w u rbido m be uwd t a }oar dtad?• ? Ut- Elk d a Cpttauiaace C1xdc w3.be tseased m m ?tadarae ' dte /lonooat aurmbw a" i . be wed odl t./ . pax" date mane(:) ?thesesp 6 raled p$ ae aw oo Fade totter be p&4 rd fdrr wAACWML )m WK mot w c nrtaaa for pummist zmotsxl? )a' dtedc °1vK ueodr.+r w!o ?orroi c pt a or rmdff bury *&w am & ? 6hates ? a?pu mgr bhne r?+uc, One ar uaq Amaaanc for dll ptatfnasesmd CuhA va amili ;obai eddy ouatan?10w7wp? ewC CwdwAm j%LTQu Fgwfcr taeT ?vwM Pk Cbv an a Aceount and any oder damages mod fees «bkh you maf ew? to A r swdwdo d dmgp r yswr An ma ?W aaaid<tj Am f} ac?? You•ra be wblpkd pq Ckrla, (1) iIIII cedes ar triep comm. haar- or atker desanrde?h d -o a& w6cut P' mfr &e Card or (3) aq adw cc w1we 5 audtarme a fi?ee,, ds? dorrneoane ebc n ahhStc a dnt? 1? ?* QnefuR amomK o? m iae Ac d tri?We coy xcq%k ddte tam doe fid tat owed vi r? ? r6e G&W per- di Aoamhnr. We a?wie dadt > ride by _ or odwt m W am{s) r pa¢ Al paltxla roan be m USdolam Anypep r tlpAdagcy PwY°0ud °[spp6akk ? ??' P9?tl ca k?6rarroe inAcoouarl intabattaa>aslwer melt CbedSiaacwe lfowcm3tfeteic1, *adwfaldemraaan?i.torar ? aedt ia?e 0ara 6hae•r dmc yourladet eaada lest sod approrr an I°iw mP'a'a rearytM T?apWmotbmanearWdoecardAkZaebAdeooetMtWM.MO1°Q?e lfaa 6oraet?t q ea®ed }mac ae?t be 119r•may iteeter? ? ? °t ' ?of? dweien.rtnedoa?'sAom??'PP?t°tbRammad ataesdyorhrauodtiuestwraok aaYauspeedrKSremytba p ?ao<,eeipnasd7onelrifcae 7a asnmwoe dst go aar ?7?11e><anyYme + a? )??y?j? prd>77 MAW Adh IIrwiliawdi vM tl??+ ew" xdoi fora0 prxpoaa ddrb thatsm? khaoo? ? ?d?ootrc??a?Qr?Yl?dnd *re levee dne r felt etrtial?K r amore peaime ? QrbAdaanorstfMemrider&ao anchgwo tas!pow '1°d°sparAomamt at>tieendafadttasday?1eg?ta .?alodaSleotamdaWow?amd.raatm¢teot??or0'aEfmnoe ? • ' Aodoodaebaaddbitsrts'edit? aeit Fiae?aAd a?I 1? ?• ?0?1 ? ?? Aue D? ? ifo(r omeor6bd+ootikaoraoyoMreo°Vl't' bkslest?10m4 dam's L ?ndtldK Qae Dw Deed # }aw liar t3.? OtM+? ?Mr IL .ibe?io}e ct(awatdoetow d(n mpled.aneavem otoatym+ a?editats of theneNdt dtrxe?tfimelint of r ? OO pm f m?M" em ? lam! ta!merc sod may at • aye tine pay ilte fula is a ffi owe is EVUHM QlA[ m in &C mom :trod in *w Tabu of F1 - bvcl of C?'lhuc ae is a miohoroe oee? aID?A= We eecAft s tlae in 'balaatoe mbm >* to Mom C ARiic .wwcW fa purchases and Coll a dahtt adda leeioie I'm dwd41ou nit dw C?? the ? we a°°eive ft2VMEM m run. llowcws you bax IL ita°t p° ? fa IN , I sa Yon W1 not a [rrio I FIIiAf CPXZ* t owM ae p doePwoenDutDWan fwptatmah vMwoo or aedot stnawt) and ]ou piv Nor 8tianoe lrydre lsp Dtete oa crhrteuthmaldrnestt. 0306, paw Rse m dte To detambe the hdodie FV AI;tCE (:fu= tee apply the??apccpl16ddadtk ee The aroma efdmpc d ? ?md d Punhum Cob Advance mad=ILIedrasa mad iw? Cub sa woo claij ell inkrdd is the wW ledodle Ee f 6w E are a the.bgintiul d+he? in n yprhr daffy b dne coral affy baloaacc as d dte Maraldte uarmKdon d atti?ars aR what wl are posted to your Account (cmxpt rhat Conwdoue Cho& iw=r __ bydu pa7ec). Th; balances far cwner+t rude s++orcbase and Cast Advancts uad P`c`'10es c2 de PWduata are dcvlud sepMWI W4 &Wmiacd AS MOW 1. Cwraar Opt lPwedumaa awd Cmh A&mwcL We sort pith j e? ? Adair the b*iu;ag ei dte curent ba ftcyde.Wc rake do b4trinr babu%c ?a w • as lac A[t+nusr txtt dac,?hic@ idtttttyt aen• Petio6c FWANCEQ•?AIbCFS,da+6.ad on the IMt?i- .. as d? ? bolaeoc. addaiir ner l?d4u?s (Kidud?? fea that as ?rn?od a Pat?ec? ind uc?r fssii Adawn grad dtm aisiut asr p"mats or accts Tha Ovs to the >rptate chic balar-oM far Purdeeree and Cash Adraeras. > Plcias[?dettartsrtestletrautvideebeauaesartd??badatrtxxtire8e?imetrddtepeaioees VYe lice the btieae of luedms oa lour oax tstdt dy ?b?ae. and aartt6iAlOCES ed as the'p-o?atl?*e a3iludes dad+t add any ttnr!'drdmrs C fas duwa use trtated as !bt>3asess ? ? «l P?°?'a a? t><ait: Thictisrs a the aqundtrAeg bdura forpresioa b7ittg.eaede Natdmea lioertate. dew da r 6shnoe forprtaioisle flr??erti?tmtsdood mbenetoftireadi tltgdiep?o?b gde d in Fitt da 14aw Il?bnw an yosr pa'===w= bj dte'Psrtoatt0ae Dateaea la:edx ?CHABMrat$aadybaPowadandredrepttrdmmrearoetx[aoyutrprdorsstaoan ML Ifwe bm pafadietate riles in tdaot boat fwe b dette• •e will ,*Me* idraofrdMa on aattaaaa acrd ruciose on ytar atapmara dkebirors m wbidt eke ?risl 11 - 6eIWAMM .a7benf- " aoistediaframemannaudetatl5edsbac?orautesttarpeaiaasydeaa+sadota;atsppia6l? We di =zm*dter ddee FAaoe Charge onr. Aamont bb ald?a ose6me C ukAdmoe Illu a CIDi1AGE for cub db A, ".v+46 it a•o6eaiad. f he aatamt Qf dW Cob Ad aooe FII?tAN[B(git?kstueiattteYLbirdiwaett7?ttper, lilt low Ffft*m amp an loosrAccoum For a Mot mI CC &Adsre IrGli ? w?i be ?e seat of the [acio'ie ThisAgeaemeettpt vWaforaoogmwxrrtgo(Figo GtattgaCnmtis). otter 8 knd Omnac W adSew to ibc Fauna Ouges dirQMW aboar; the tTidowTwY iausat chtttestdibe byourAmeurte AromL it?Fae -Yaaagrec a pig a AM baw tad+ a Wdaal barl a reoedmaabim satrm+ fee io rbe aaowt ax inrdie L46fo d'&?MK`dotga aa)va • r?Imbxw awleradird?,? «t.?aeata &M ?tVbar aarcyourAmomtt Late An - V wm do not mc&c a Equicit f cat pat In at lace them ataaet d lonrl fen:eaar ?yarr MwAly Yaytaatt by die Palm mDue•Date rkoMa on -nirtjs4mmaR x mq ????e?°'?a we palmest 6m k Arc seotartMAW in dtm ta6ieariMarat YOa-A calf k daoo e bFdteear.eseoueDat " beePalmeatfoeiorxgiG?raamlifaahEFYloyatau+fiidtirpaeOWN= • lteatr. f Ledt Fee - ??ar 6.nic does oat l+oaor the dtadt you pne is m paraaouew IoM aRRe under ikAgteearstt, arwc taw ram a dbaA bcamc ikiserotag oed arissAias'so ir*ubr,we mtgdmFloate, drd6titt6earao6ot>dkdie6cTWWi flntraalC]ngee oraisaFac--M bag the dgbtm Gimp sa aeet6mitfa in the ametsit aced is the Tbbk d Ierasettaa gm (1) dAaamatbobnoe eomadtyaer_apptade aoditY.aataaydoee ttoritrj a tsoadlyt?de', or (!? ra is k a liadme «obeain a fCkd+ht Ad?anoe aL a d®erhea Ivor Aoaoea+t inbnoe b amr yw taa ck Eta A3:eiSaFaa-lrlaorogoacp6omeopadabd?srXdLV60ae 'dWWA?aaer er 1Tyoa tairtot saute tbsa tno tyedt or am spatilisetslots suck as UK*-c r an byk Ipd p Irg bwtr noasonabie dories ttr tiwi ttasiess. at tram b dM in ihepresmttd:aegesfer>r3xsviastret?a?ediatfieTaWdIlau at IWAMIf ?eyer?t Ift" soeir IN win ap, mamma is aonnaetfan trlb trqmod biding m?soa(roe'TtOUrW3nL>t?7-«•ieotimi+aea W:ifabddagtsroritdRim4 Utica ode CsMife beauant.rrr ie aaortal ntetnbmdtip ime aed away bat: ttxttrt dwi. ores` fmitetrad>mlyd«site rribeaddedtaptrrAetoomrttrdtesbedaslitttdare: DdoAVO&cdm Gem YorrAatumvill be b ddlirit and ss aq tlcssaod kamrsfaoe P'4ean d Ale own antodat Ion e" 10 s6attgitiwg you prior taoiae l.'.(L1 is aq tarsi 1te i not teoelrr hlooaarr iltm?? ltmkll l?awtat bl 6e 1"?aa?tbDtuee >my {{? yos w Ae itt11attsar ebti Cak admoaia troaorr d adt ter, (3) ldit Iii b ttorrtp} u1i thit_ Apeea Su*MfA s Biog ?7oar?°l?r ttear6pooeneieatPrtfdte$a(d?webeieteiaW drttLeps?- maot« a[lardiansrmdee?itApmraautiriwPdeedbeaoJ•odotsrasad-As 6)!r4Plicabie b1G lm bpwgat n>Qoaioo e?+asaosn0) lraaadtre io dteaol- • dataaottpatmetoaartiitkrormarcCoduafgaeuttta+aatdAtetes aa?aol[asoa b ue>xfayuiurArmaQand,istiYtc+amterder)orrAaaovatttts?emQddlman attbrael•sdto'saottxr se6eiedtn+plal>Glosapaempgrtbesas e ' dtacitwar- ag. We tai sotbe abl?aai ar a.g mtetopmd med?earAroraae it aAdititbs . "re A or 1 websumdrrawiaed bteeiraeyarAemmtatimotyarAauarartpi.toga (act6eeaadbdow}. At6avdt-Aar brim, dapae or coa-MR CO*m') br ddm y ft «W tgaTnst dre edger. or d dre other. aiiag 60. or aedaiog iR a tlds 2CMK Apoud Amour Wdaiag RW aaqq hoar acres dre dtlitattiaaiont3+area Cbe taSdty of the tatAne llitmenatt, dnt' bm resot;v by?atbiaauan bf the tiatiocui Arlikadoa rwan, wader the Chile d6ooedatm in daa sage flee die: atde U led. llela and foetal ddte i bdotal Acbihsoa fionm anal be abalaed adCbimt s q b c died d arq 1muonal i cWw dm i(btnm eta trwrraeblbttteasaa4 or Pit door d 209 LOpanpo$ btimtaata 53trJ5, tdt# _ 14 0047423X Any =Wua o bowing a Ml3dt llaa appear WE rite a a loatGotr sterile, the ibdad hattaJ drone dot Leedrdn lots bt4m?add?ta at due trac tho is cod.lhil arbias6an a?aatrettt k arch puaaatn b a &mmdea invil g Itrtcs+fape cvntmaaC and Ibat be ,W bj the Faderal AkitritionAm 2 UG $1•I6Jndgntesn Von any taiieadoa a-W may beontrmtIn Myawnhn*V jw''Wk*-. 'ihetacbitra6onapmnatt appfiestoalifktia>: nor in tx'steot:e or that snayawae in tkeluetre for aging br ar sor a aq uoAZOtad d" Pant b whom em ship d curer Amoaat amy be >rdgrred ails deSnk (afar Awl poery edeexs a arbitrne)• Modttcq In this Agtmarteett shad be coo-. rkg arudbPrest'nt owed(xadbamsrntofu+rmian,de[e7oes ielbiank eK rmpoacsdan. rea-jidi 'mil fotalasurc or WNW or to any CAMo 4 sw riq or p optsty huam ror contrndlnow or 1Mrdier 47v br esdrer parry eo ette tttha rurdtrthisAgrs?emern. IN THE AWEWZ OF THIS ARCrMTIQN AGREEMENT MC A.VD WE MAY OTHFAWISF .,i .. [LM/ HADO A Plt1C.1? A7EOR 1Sti.Ri7'RFS?'IFl1 IN IJIX',rlIM F11tD N CDW V011? A ER:L S. gUT 6UC'EXCErr ? AS OTHFInkISE PROVIDED ARBVE. Al J. p.A13I5 3lL:ST NOW BE ItS'9d1-YEDTti[ROLIM ARIIIFRATlO:L Your rift to antic or silk M Tats:dse we washwe wider bai<aTu? w t'Od ?1aar °? ? Purd?aratre+it' ?c Two pia rstMed notice or 11161114. Irve s a. 7M in" hose Your Cslds and say b UL astialtaxy6usll;eeObalan+dt°c a!'r^'MaPadoisor datira Ad = bm -a" ?r o?ciwT,eRe to tae Your Aaaomt dis Agomm at mt timr r?7MC j you ? gn todptpoaodaa a p r &ow ieoedcudttAmooat ]04janata6octp,W M 0, under d*ABmcnmt rYovrr Yaesre>roor , the aB Caeds ard.Cm aed Cnmaueeae ?bq Acros+t Clteds?ed os ? A?esb ? teoxard to ? Nation M nt seed statastams and sat alter wo6oa a lom x the sddras ShOM in Our ILM F" tee ai Mi1 staeeeuases and votress ioebhcr d aaani $aa?ajoopinit?> d>oq ?? ? ? adder We tragr h eter t+ddrat ooae? damBoeadtelloilod5tarcs.?asolSra*? c tlowailaw 'Cwtmdf;es is fo-dp tiatesdos d be coat nut to 11S. Dollars g°°?' ?"'x Tale deoamisod Ifaraf3md or VIS+t (a deera[I';3r - asd.win a d o% unv ae w ? and di t t7isradr. dse xmtnfel? . coeven>dttaleirpsles?lFC ' ? aaavesooetdyrrleditrsaniaed?ar the dace daeaneaor; araesst ? ehse ssa9 a Ceols dje ale is etCeti on wd cm dr. t 7MMa WcwddrAomeea /hoassBnalFe sYmta Tom ime to time; at scar la Yom so or Ieduae oee ar arse owahfp dvtFer6:; Po,r aadfar>re sag rc r+odaoe er deems ? F1°uoe ? on dbetaipe>Itdtb*d dra6oedtbeirfPsa ppieable f'faa arse sle ar °TM°?0O0ea1 katr when die sup er.rommd dy fesareeatd+r.?onrst?tr?C°?saods? cs -mr- is?°nook Wnadomgeibetarryo[*JsAAgmanmt.kxkmfgdtcAt4ilALTFR• Iad'??"""r 'vLx'1 ? ?eelirear dieeinics a in oar 11015= d a61e Taw m7 d'eBe p meat 1A a4 oertsis<ydined bsiareea ° l? Aoeneotas as uakss eve stale odiawe4 tlye '? to bar trxesr3fosns crackb6a You Irm dmtee (Tote one ar Sam e you as AMMOL es ssdmm and d .maids Aarmt"° s in ooerreoAaab? {and AA6 swd m 0=4 a m mi:h a ncra ryts aedit apom°d apnoa? 11k °eq dare ?ala6oitpouTAoaravEmoda isVera M aboatlouwibatytratSCot- Irfoestdrt?A?me «&M a° we do ? not °?s6see & alam"madad to tar ad Ym >hae A Q04 M BtaMK Ai4?VfhI a 'y Yo?o,Fra?+me.ad aaadsoera ?rmbseni4]oar'aloe:t Ckdeae6er Ude Eno tiara p 6me, ve awy ilum our andmaaba iro•witb compatios whose po,aedaessioa?redid,%*bedia oeseawiaL we nada?d?d Off=atyrakeaue doh medesrslasdae? Ywi sq 1° ge°r t?Nose odtde p? tmm? mat Fiat M& Wk. ML 2ZJ?. Dort 6661. ONE addrar sadsmomita?r'?? s°9"ed' llmra O&C In the ee;aba eoase dour bekrdr we s>,saieoe sod Ieaxd pbaete eeeanadom aoanemdeasbe'llmal°a aampblam"arsap moves ledssri'ra Bear Cabs We are oat foe r a y°° be ???taso ?ued Amsmet. veqwAk forsladto?ar>'rtioespmvos er ? dyeeks Et?? ?p? ys16(aotamtlKeanstaeepttltepetlmar4?cti>dp? efota acrd ?sLe?ua?elrsnburdtetseede?wMl?oat eJ wn m-?iea4dsm 1 °OL? otrdertbdt/1B ?Adrosrre P77- bddtamt+llhetbsb>DtA1>seLtsAstwetep ?aydso herlee iaeasslsd aradomoataanedMvu* b6pta W a _ arc Fort or ?' fir's On Of Saw Aaoarrt It yaw rsrbaat? ?tl ersmc "'°dfij to roles m? leer 6bletev?mdm 1e °f 1°taAmometrear w1[ natbe ysbk Cur mo- st aewe:Yas sap USA Bask MA. by wdft to ar at PD. Bar mi. DE iqe g or vab* Prot pis at 1dD0VPM ate ions or ehdt d p w (Tre& or the uniA odaed tae of rw Acc oad. Is my as , put ma>imoal>i+bi6tyit?? m4?rmateof6astamesstoyenrAometatrr1 whate:sodWto or we bast deal igned dart )oer Gerd or Caosatieate Chc& Mq bse boat lost at t Akk or drat drone wetbe tesadrotbed aunts a 7M Aoaswt Asdaeteotf: I* as a w lime as%vi Acoaemt, arr. sans due cm pot Aemm thb Apaawn rt?tr e under the The pasoe(ol to tiboeeue M Ac3ny sRrle aas p a?m daBbe teasefberli6lyaeudertA'sApeaeam.sodyteaentodgmd COVERMI'1CTAM-6 THIS AGREFI+1ENiANDYOMACDOUNTVILLBE IEDBYTHE uWOPTIMSIMEOPURIAWAREAND. ASAMX ABMFMALLAW 1 Or Questiass: You ma, address g inquiris or aeestiom whidt Tom have about parr Ammat to Erst LISA Dunk NA, M O. Boa E64t. We?e'mstoti Ddaw+Ie 19899 A661. a yom mal oB eqt I?f'??01• ?IW uteplyone v< eatesd d wsian?, loo °nY Anse erssaiR ee6itts Uer laM Sna yju p ffqMr1>nft asors (see Your Billing Ri;hts')• ..r .Ar - tVUKIpWP•. ?..w••+ ilia Fle6ae For Futum [he mkMnmde+e man }arc rim std g%ir =potol'XA'es lmdcr d'c Fpr tUie ootioe am'n°ns nrylcMaed - ( C&MILV ' secd Marc d?iYour tilQ [3sie Coe Of Pct OrQu°s ? about a trsetitnioet on T h81 ' I[?tnt tbioh Tour NO is 6tstYt W6. PAy?.aD?mcM. DOOM •ebY ?' b ?taow?aot WL Write ?o3lc P0° L We °MA ZZ so baa fiM aea ?? pe°?p1 dK best tit as wt+rcb die mot Of re-" few Tadrldt a. Gm is *4 tc[km*% otoeebes: Yaw no= and Of - _ of c like na9[+ei easatand°°pbsti p°eee Ise IMamSM16OWL D - .. 1[Twitboodmoreiofonme$?o•daa+'be • ??g?ireYarVN? YeNagl AadQ+etT8 gtacddeambTdtxVrv)%o y0????? °s•u?'m'et'y?ebeie?e*ebi?asaoesa? iatoa ?roeeY eo aollad aMr mnuu°?t+?? -u dsa ?.eodaaw? 10 Pq Qu. VFe cart a Q*m . bmm[ ?d,e rs ld°1 - aO dObs+e j tam na OV& m beotym+srssdtawpw toprq - in goegiott . m ..ATM va pb p ?o pq??MA if weiudtl? *t miadc s E 1°'c a snd?q " fe edtrs me Me q?rst?w+? MVAUPL ({nc dddt mis .da Lat¢ to n7 t m d dre daft &A it+rdoa . Toots !fie M t > i[ tii a the amount dot ne dti& ]lm e ? mp dsys ? m To" our we. MOM idlsKl°ttpdiat to ks?asQ?o?t t6attteeK+ta ° ?I& M-e r% "llccimi gwedon't[atjotr twx nAa.? oa'toeR{eet t maeottve. .. RoteYart t]rdderl:ms nitbaauditt24 ?To,t Gave n peabksn tab to srthe p° taeoa" 'drubmatwinPI t„=Saoor eYeot,rittiietTuta WYmUMWMan ada Arw Mar sod pye, widttn tOD tteiss otote TUe ? 8ate (b) ?demeT 1[tee m- or dpaste dte aia?ent, or ti net Ton dte ad aaso- Ibeoele?ior+cdos+ot+fP[J mmtfardtcpmpagOrxvd m- 7198 't is i i r 1 i t s` } FIRSTUSAO M-24275 9.90NAEWFUSA-QCC ..IP - EXHEBIT A BILL OF SALE Chase Manhattan Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A.) ("Seller 1, for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated October 26, 2004 between Seller and Unifund CCR Partners ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the Cut-off Date of April 22, 2005, all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on April 28, 2005 (the "Closing Date") by 2:00 p.m. Seller's time, as follows: JPMorgan'Chase Bank. ABA #021000021 Beneficiary Name: Chase Manhattan Bank USA,N.A. Beneficiary Account: #504-256420 This Bill of Sale is executed, without recourse except as stated in the Credit Card Account Purchase Agreement to which this is-an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase n Bank USA, N4 Unifand CCR P By: \~?' By: Date: A Date: L? Title: Assistant Vice President Title It B \' it ^ 4 uniFund, Unifund CCR partners B13L S Unifiind CCR Partners, for value received and in accordance. CCR Partners and Commonwealth Receivable Purchase Agreement by and among Financial Systems, Inc ("Purchaser), dated as of January 29, 2008 (the "Agmement70), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title; free and clean of all liens, claims and encumbranc?mn? withothe ut recourse and wi bout representationuar attached as Appendix A or o her otherwise, except to the extent stated in the Agreement. warranty of collecti'biliry, Executed'on January. 29, 2008.. UNIRWD CCR PARTNERS BY JV R thal Director, ales and Marketing [a 12 UNMM CCR PARTNERS Use OIVL CO1?1'Ql}NML Client # PM Cm # VERIFICATION I, Danny Venditti, Vice President of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information, and belief. Verifier understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4404, relating to unsworn falsification to authorities. 1 Date: 1 116- L y ;itti 4Z CFSI File No. a31(O 00 k + oar 0 _ 00 00 -V vf t? F 9 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS ZEHRING VALERIE ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEHRING VALERIE the DEFENDANT , at 1650:00 HOURS, on the 21st day of October , 2008 at 1349 KUHN ROAD BOILING SPRINGS, PA 17007 T I T1--- -T- -TP by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.00 Affidavit .00 Surcharge 10.00 .oo 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/22/2008 ALAN MEGE By: C Deput Sheriff of A. D. COMMONWEALTH FINANCIAL. : COURT OF COMMON PLEAS SYSTEMS. INC. Plaintiff : CUMBERLAND COUNTY vs. VALERIE ZEHRING, Defendant : NO.08-6212 Praecipe for Entry of Appearance Please enter my appearance on behalf of the Defendant above. Geoffrey M. Biringer MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 r-, •, '?.?'. ---- ...} `-, .. ?. COMMONWEALTH FINANCIAL. SYSTEMS. INC. Plaintiff vs. VALERIE ZEHRING, Defendant : COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.08-6212 PRELIMINARY OBJECTIONS TO COMPLAINT - CIVIL ACTION Defendant moves for the dismissal of Plaintiff's Complaint - Civil Action, and as grounds therefore avers the following: Failure to Conform to Law and Rule of Court Pa.R.C.P. No.1028(a)2) and 1019(f)(h)(i) 1. Plaintiff filed a Complaint-Civil Action demanding damages in the amount of $17,811.95, plus attorney fees of $4452.99, costs and interest. 2. Plaintiff alleges it is owed certain funds pursuant to a credit card agreement but fails to attach a signed written contract between the Plaintiff or any other assignee and the Defendant. Such a writing would form the very core of Plaintiff's case, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No 1019(h) and (i). 3. The Complaint fails to state the date of the alleged default. 4. The Complaint fails to provide any documentation or accounting of charges allegedly made by the Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments and interest, so that Defendant could bring a Motion for Summary Judgment based upon affirmative defenses such as the Statute of Limitations and/or Counterclaims. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to conform to law or a rule of court. More Specific Complaint Pa. R.C.P.No. 1028(a)(3) 5. Paragraphs 1-4 are incorporated herein by reference hereto. 6. The Complaint contains alleged claims for money owed, but fails to specifically account for the purported sums outstanding and for the amounts of payments made. 7. The Complaint fails to provide the date of the alleged default. The Complaint fails to be specific as to the allegations of the amount due and owing and to state specific services or goods purchased by Defendant. 9. Even if an agreement was implied rather than written, Plaintiff has failed to specifically plead the date of default and provide an accounting of the amounts paid pursuant to an implied contract. 10. Plaintiff fails to state specifically how Defendant was enriched by the use of credit and fails to account for any payments made pursuant to a written agreement, a contract implied in law, or a theory of unjust enrichment. 11. Defendant is entitled to know how she has been enriched by the provisions of goods and or services and how payments have been applied to any alleged goods or services provided. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to file a more specific complaint. Respectfully submitted: MidPenn Legal Services Atto ys for D fend ` BY: Geoffrey A Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ID#18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary intiff's Com laint on thied of Preliminary Objections to Pla p y by placing same in the United States mail, first class, postage prepaid, addressed as follows: Alan R. Mege, Esquire PO Box 1426 Bethlehem,PA 18016-1426 MIDPENN EGAL SERVICES By: -! t ' Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 R ) A I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. : Plaintiff No. 08-6212 Civil Term vs. VALERIE ZEHRING, Defendant : CIVIL ACTION PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTIONS The Plaintiff, by and through their counsel, Alan R. Mege, Esquire, makes the following Preliminary Objections to the Defendant's Preliminary Objections in the aforesaid matter: 1. Failure of Pleading to Conform to Rule 1. Plaintiff's Complaint was filed on October 17, 2008 and served on Defendant on October 21, 2008. 2. Plaintiffs Ten Day Notice was served on Defendant on November 11, 2008. 3. On or about December 2, 2008, Defendant filed Preliminary Objections. 4. As Defendant's Preliminary Objections were filed more than twenty (20) days after service of the prior pleading, they are untimely pursuant to Pa.R.C.P. No. 1026. 5. No extension of time to plead was granted under Pa.R.C.P. No.237.2. 6. Although not binding on this Court, same merely being persuasive authority, the issue of the timeliness of preliminary objections was recently heard by Judge Mott of the Court of Common Pleas of Bradford County and a true and correct copy of Judge Mott's Order is attached hereto as Exhibit "A". WHEREFORE, Plaintiff requests this Honorable Court to sustain the preliminary objections of Plaintiff and deny and strike the preliminary objections of Defendant. Alan R. Mege, Attorney ID N Es1288 Attorney for Plaintiff COURT OF COMMON PLEAS OF BRADFORD COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff Vs. MARIANNE CIT-IRISPELL, Defendant No.07DJ000071 CIVIL ACTION 'Ah Aft IF T, T ORDER AND NOW, TO WIT, this ao ? date of 12007, upon consideration of Plaintiff's Preliminary Objections to Defendant's Preliminary Objections, and Defendant's response thereto, if any, it is hereby: ORDERED that Plaintiff's PreIimiA4691 bje.ctions are-Sustained; and IT IS FURTHER ORDERED that444<Deferi4arit's Preliminary Objections are hereby Stricken. °, w_.?,._.? ?, _.......,.,, _.......... r%- ?: i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. VALERIE ZEHRING, Defendant No. 08-6212 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on December 29, 2008, I served upon Defendant, Plaintiffs Preliminary Objections to Defendant's Preliminary Objections by mailing same, first class, postage prepaid, via regular mail to: Geoffrey M. Biringer, Esquire, MidPenn Legal Services, 401 E. Louther Street, Suite 103, Carlise, PA 17013. By: Alan . Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-6212 Civil Term vs. : CIVIL ACTION VALERIE ZEHRING, Defendant BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. STATEMENT OF THE QUESTIONS PRESENTED Q. WHETHER DEFENDANT'S PRELIMINARY OBJECTIONS SHOULD BE DISMISSED AS UNTIMELY? Suggested answer: YES. II. ARGUMENT On October 17, 2008, Plaintiff filed a Complaint against the Defendant and service of the Complaint was effectuated on October 21, 2008. On November 11, 2008 a Ten Day notice was served on Defendant. On or about December 2, 2008, Defendant filed Preliminary Objections. Pa.R.C.P. No. 1017 provides that "the pleadings in an action are limited to a complaint ...a preliminary objection." Pa.R.C.P. No. 1026 provides that "every pleading subsequent to the complaint shall be filed within twenty days after service of the preceding pleading..." As service of the Complaint was completed on October 21, 2008, Defendant's Preliminary Objections were to have been filed on or before November 11, 2008. Defendant failed to file his Preliminary Objections until on or about December 2, 2008 after the twenty day period set out in Pa.R.C.P. 1017and after Plaintiff had served a Ten Day Notice on Defendant. As Defendant's Preliminary Objections are untimely, meritless, and were filed after Plaintiff had served a Ten Day Notice, Plaintiff will be prejudiced by the Courts entertaining and/or granting of Defendant's Preliminary Objections. III. CONCLUSION For all the foregoing reasons, Plaintiff respectfully requests that the Court grant Plaintiffs Preliminary Objection and dismiss Defendant's Preliminary Objections. Alan R. Mege, Attorney ID No. Es288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-6212 Civil Term vs. VALERIE ZEHRING, Defendant CIVIL ACTION RDER AND NOW, TO WIT, this date of 2009, upon consideration of Plaintiffs Preliminary Objections to Defendant's Preliminary Objections, and Defendant's response thereto, if any, it is hereby: ORDERED that Plaintiffs Preliminary Objections are Sustained; and IT IS FURTHER ORDERED that the Defendant's Preliminary Objections are hereby Stricken. BY: ,J. t "'°g A . "_'? „??, ? Pr7 ?_., ,r - F'V ,_ __? C.; } [..° .? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. VALERIE ZEHRING, Defendant No. 08-6212 Civil Term CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 2. Admitted in part and Denied in part. It is admitted that Plaintiff seeks damages pursuant to a credit card agreement with First USA Bank. It is also admitted that the agreement attached to Plaintiff's Complaint is not signed. It is denied that a signature is required. Furthermore, Pa.R.C.P. 1019(i) does not state that it requires a signed contract. Lastly, the contract provides that when you use the account, you agree to the terms contained in the Agreement (contract), accordingly, a signature is not required. 3. Denied as a conclusion of law to which no response is required. To the extent that a response it required, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 4. Denied as a conclusion of law to which no response is required. To the extent that a response it required, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. 5. Paragraphs 1 through 4 are incorporated herein by reference as if more fully set forth at length. 6. Denied as a conclusion of law to which no response is required. To the extent that a response it required, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 7. Denied as a conclusion of law to which no response is required. To the extent that a response it required, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 8. Denied as a conclusion of law to which no response is required. To the extent that a response it required, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 9. Denied as a conclusion of law to which no response is required. Furthermore, It is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). By further way of answer, the information was previously provided to Defendant and is available to Defendant. 10. Denied as a conclusion of law. 11. Denied as a conclusion of law. By further way of answer, Plaintiff's Complaint states that Defendant was enriched by receiving the benefits and use of the credit card. WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. By: _ Al ege, squir Atty. I.D. 481288 Attorney for Plain iff 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-6212 Civil Term VS. CIVIL ACTION VALERIE ZEHRING, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on December 29, 2008 I served upon Defendant, Plaintiffs Reply to Defendant's Preliminary Objections and Brief in Support Thereof by mailing same, first class, postage prepaid to: Geoffrey M. Biringer, Esquire, MidPenn Legal Services, 401 E. Louther Street, Suite 103, Carlise, PA 17013. By: an RF-V ege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-6212 Civil Term vs. VALERIE ZEHRING, Defendant : CIVIL ACTION BRIEF IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT A preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted. Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10, 14 (Pa. 2004). In reviewing preliminary objections in the nature of a demurrer, the court must consider all of the well-pleaded material facts set forth in the petition and all reasonable inferences drawn from those facts. Id. The standard of review is to determine whether the complaint adequately states a claim for relief under any theory of law. Morley v G Z, 814 A.2d 762 (Pa.Super. 2002). Defendant's preliminary objection in the nature of a demurrer is based on Plaintiffs alleged failure to set forth in exacting detail the services provided to Defendant. Plaintiff s Complaint is based upon the issuance to Defendant of a Credit Card which he used to make purchases, cash advances, and/or balance transfers. See Complaint at Para.s 3-5. The Commonwealth of Pennsylvania is a fact pleading state whereby the complaint must provide the defendant notice of the basis of the claim as well as a summary of the facts essential to support that claim. Alpha Tau Omega Fraternity v. University of Pennsylvania, 464 .A.2d 1349 (Pa.Super. 1983). The question under Pa.R.C.P. No. 1028(a)(3) is whether the complaint is sufficiently clear to enable the defendant to prepare his defense, or [if it] 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. McNeil v. Jordan, 814 A.2d 234 (Pa.Super. 2002). It is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). These very same issues have been raised before in preliminary objections filed with the Court of Common Pleas of Northampton County, which were addressed in the Order and Opinion of President Judge Robert A. Freedberg, dated March 13, 2006, and docketed to C48CV2006-545. (A copy of same is attached hereto as Exhibit "A".) These very same issues have been also been raised before in preliminary objections filed with the Court of Common Pleas of Wayne County, which were addressed in the Order of President Judge Robert J. Conway, dated May 2, 2007, and docketed to 815-2006-Civil. (A copy of same is attached hereto as Exhibit `B".) Although not mandatory authority, they are persuasive as to whether Plaintiff s Complaint is sufficient and can withstand a demurrer. For all the foregoing reasons, Plaintiff respectfully requests that the Court deny and dismiss Defendant's Preliminary Objections. By: Alan R. Mege, Es re Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS INC., Plaintiff, V. RICHARD FRANKENFIELD Defendant. J OPINION OF THE COURT This matter is before the court on defendant's preliminary objections to plaintiffs complaint. In January 2006, plaintiff filed a complaint against defendant alleging various causes of action. Thereafter, defendant filed preliminary objections to plaintiff s complaint arguing that the complaint is legally insufficient and that the complaint lacks the required specificity. LEGAL SUFFICIENCY OF THE COMPLAINT Defendant argues that plaintiff s failure to attach a signed cardholder agreement and plaintiff s failure to attach a valid assignment make the complaint legally insufficient. "In considering preliminary objections in the nature of a demurrer, the question presented is whether, on the facts averred, the law says with certainty that no recovery is possible... A demurrer admits every well-pleaded material fact set forth in the complaint, as well as all inferences reasonably deducible therefrom, but not conclusions of law... The law does not provide a "magic formula" to determine the sufficiency of a plaintiff's complaint however, the law is clear that a demurrer can only be sustained in a case free from doubt." Bartanus v. Lis, 480 A.2d 1178, 1180 (Pa.Super. 1984). Pennsylvania Rule of Civil Procedure 1019(i) states: No. C48CV2006-545 \\A *4 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 of the writing is not accessible to the pleader, it is sufficient so to state together with the reason, and to set forth the substance in writing. Plaintiff's complaint avers that a cardholder agreement was sent with the credit card to the defendant. Plaintiff has attached a copy of the agreement to the complaint. Defendant argues that this copy is not sufficient because it is not signed by the defendant. The language of the agreement provides that it is not necessary for the cardholder to sign the agreement and states specifically: ACCEPTANCE OF AGREEMENT: The use of your Account or a Card, by you or an Authorized User, or your failure to cancel your account within 30 days after receiving a Card means you accept this Agreement. Plaintiff's complaint avers that the defendant used the credit card that accompanied this agreement. The attached writing satisfies Pa.R.C.P. 1019(i). Defendant's preliminary objection demurring for failure to attach the written agreement is denied. Defendant also contends that the complaint is legally insufficient because the plaintiff failed to attach a valid assignment. Plaintiff's complaint avers: The within account was sold by Discover Bank to Unifund CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill of Sale and Bill of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". The defendant asserts that the two attached bills of sale are legally insufficient because they fail to specifically identify the defendant's account. The attached bills of sale are described more fully by the averment in plaintiff's complaint. The averment in the complaint accompanied by the attached written assignment are legally sufficient; therefore, the defendants preliminary 2 objection requesting a demurrer for failure to attach a valid assignment is denied. SUFFICIENT SPECIFICITY OF PLEADINGS Defendant also contends that the complaint fails to state the alleged causes of action, breach of contract, account stated, and quantum meruit, with the required specificity. Defendant asserts that the complaint contains claims for money owed and fails to specifically account for the purported sums outstanding, for the amounts in dispute, and for payments; the complaint fails to provide the date of the alleged default; the complaint fails to be specific as to the allegations of the amount due and owing; the complaint fails to allege specific services rendered to defendant, which would entitle plaintiff to recovery. In addition to the averments set forth above, plaintiff's complaint avers that: 7. The defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing; 12. As of November 14, 2005, the balance due and owing to Plaintiff from Defendant was $5,044.77. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. The account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. A complaint must be specific enough to enable a defendant to prepare a defense or specific enough to inform "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." McNeil v. Jordon, 814 A.2d 234, 237-238 (Pa.Super. 2002). Plaintiffs complaint avers sufficient facts to enable the defendant to prepare a defense and avers sufficient facts to state a cause of action for breach of contract, account stated, and quantum meruit. Defendant's preliminary objections for insufficient specificity of the pleading are denied. WHEREFORE, we enter the following Order of Court: 4 IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS INC., Plaintiff, ) V. } No. C48CV2006-545 RICHARD FRANKENFIELD ) Defendant. ) ORDER OF COURT AND NOW, this Pday of March, 2006, it is hereby ordered that defendant's . preliminary objections to plaintiff s complaint are DENIED. BY THE COURT aOaBERT A. F DJ BERG, P.J. IN THE COURT OF COMMON PLEAS OF THE 22ND UDICIAL DISTRICT COMMONWEALTH OF PENNSYLVAN A COUNTY OF WAYNE COMMONWEALTH FINANCIAL SYSTEMS, NO. 815;- x006 - CIVIL Inc., Plaintiff EPH DONNELLY, Defendant O R D E R AND NOW, to wit, this 2nd day of May, 2007, after argument of both counsel, it is the ORDER of this Court that the Tefendants' Preliminary Objections are hereby OVERRULED and this 1?ase is hereby transferred to Arbitration. BY THE COURT: /s/Robert J. Conway ROBERT J. CONWAY Senior Judge I?C: Alan R. Mege, Esquire Carlo Sabatini, Esquire L. Malakin, Adm. Asst. S. Rooney, Court Reporter/Monitor w„. Ion 1 O >j- C N f 'N I! " hJ G. a,._s- ? .t ? .,.3 '' 7 ?? ?;y? ,: ? T? r ?'t ?? "_:? i e COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. VALERIE ZEHRING, Defendant : No. 08-6212 Civil Term : CIVIL ACTION PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby authorized, empowered, and directed to enter the following on the records thereof against Defendant Valerie Zehring: The within suit is Settled, Discontinued, Ended with costs paid. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. XXX The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: DATE: February 2, 2009 WITNESS (if signer is other than a registered attorney): Signa a of Authorizi arty Alan R. M4§ge, Esq Type or print name of above signer Attorney or Notary COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C.S. 64904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Signature C'? -c .: CD