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HomeMy WebLinkAbout09-8246 THIS IS AN ASSESSMENT GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2064311 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. LTD ACQUISITIONS, LLC COURT OF COMMON PLEAS 600 Broadhollow Road, CUMBERLAND COUNTY Melville, NY 11747 VS. DOCKET NO. : Z// '' 61- c /lam GREGORY T TUTTLE 507 E COOVER ST MECHANICSBURG PA 17055-4228 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE; ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 16 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, LTD ACQUISITIONS, LLC a debt buyer and successor in interest to the original creditor, Chase Bank USA N.A.. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant(s)received and accepted goods and merchand- ise and/or accepted :services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of October 22, 2009 in the amount of $2,912.01. 6. Plaintiff has made demand upon the defendant (s) for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 2/6/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,912.01 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POIP.DB 2064311 LTD ACQUISITIONS, LLC GREGORY T TUTTLE 4104140018708819 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. NAME: Leonard Pruzansky EXHIBIT "A" w 2064311 LTD ACQUISITIONS, LLC GREGORY T TUTTLE 4104140018708819 State of Texas County of Harris § § AFFIDAVIT I, LEONARD PRUZANSKY, CEO, being duly served sworn according to law, depose and say that: 1. I am employed as the legal outsourcing clerk for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff by Chase Bank USA N.A. when LTD ACQUISITIONS, LLC purchased the account. 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said break; 5. There is now due and owing from defendant to plaintiff, the amount of $2,557.59 plus interest of $308.59 at the rate of 6% less credits in the amount of $.00 totaling $2,866.18 as of September 9, 2009. 6. If called upon, aff!ant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. LEONARD PRUZANSKY, CEO Sworn to and Subscribed before me this II day of ,n ?C,rv?bZr , 2 0 0 9 Notary Public ?.' MARIA V. CHARPING *' * MY COMMISSION EXPIRES . 1`? A?',= MARCH S, 2011 _? ;A Y ? tl t5 7 fir. 50 P't C,# y Lw p 96 7 s .? 2064311 FI~E~-~~~=1C~ C~ TF~ '~;~3~~-~~dOTA~' GORDON & WEINBERG, P. C. 2~~o d~~ -~ ~~~~ `~~ G~ BY: FREDERIC I. WEINBERG, ESQUIRE~ui,~~~n~~~a~~ ~()~~~~'~' Identification No.: 41360 ~~~~_~~~~~y~~-~~p, JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 LTD ACQUISITIONS, LLC vs. GREGORY T TUTTLE 208 2ND ST ULSTER PA 18850 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-8246 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff(s) ~k ~ ~~ a~ c~-~ ~~~ ~ ~~a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor LTD Acquisitions, LLC Case Number vs. Gregory T. Tuttle 2009-8246 SHERIFF'S RETURN OF SERVICE 10/15/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquirer for the within named defendant, to wit: Gregory T. Tuttle, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Bradford County, PA to serve the within Complaint and Notice according to law. 10/25/2010 02:54 PM - Bradford County Return: And now October 25, 2010 at 1454 hdurs I, Clinton J. Walters, Sheriff of Bradford County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and' Notice, upon the within named defendant, to wit: Gregory T:1 Tuttle by making known unto Hannah King, Grandmother of defendant at 208 2nd Street, Ulster, PA 18850 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 November 05, 2010 ANDERSON; SHERIFF SO r= rr? . ..;Ci7t'..`. `S lAe She'en', e'e.OSU°t. na SHERIFF'S OFFICE OF BRADFORD C Clinton J Walters Sheriff U NTY Kenneth M Foss Chief Deputy LTD ACQUISITIONS, LLC Case Number vs. GREGORY TUTTLE 10-TUT-174 SHERIFF'S RETURN OF SERVICE 10125/2010 02:54 PM - DEPUTY DAVID HART, BEING DULY SWORN ACCORDING TO LAW, SERVED THE, REQUESTED COMPLAINT & NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE HANNAH KING (GRANDMOTHER), WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR GREGORY TUTTLE AT 208 2ND STREET, ULSTEF3,.PA 18850. lol"A,o SHERIFF COST: $41.50 October 28, 2010 Torn and subscribed before me this 8 ay of f 010. OF NOTARIAL SEAL TAMMY J. PLACE, NOTARY PUBLIC TOWANDA BORO,'BRADFORD COUNTY MY COMMISSION EXPIRES JUNE 30 2014 DAVID HART, DEPUTY SO ANSWERS, CLI ----------------------- ------ ------------------ NOTARY Affirmed and subscribed to before me this day of J WALTERS, SHERIFF (c) County5uite Sheriff, Teleosaft, lmc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LTD ACQUISITIONS, LLC, CIVIL ACTION Plaintiff vs GREGORY TUTTLE, NO. 09-8246 CIVIL TERM Defendnat . NOTICE TO PLEAD TO: LTD ACQUISITIONS LLC c/o'Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshocken, PA 19428 You are hereby notified to file a written response to the within Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Patrick Jrrgt; III, 9" Attorney for Defendant - a , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LTD ACQUISITIONS, LLC, CIVIL ACTION Plaintiff , VS GREGORY TUTTLE, Defendant NO. 09-8246 CIVIL TERM DEFENDANT'S PRELIMINARY OBJECTIONS NOW comes the Defendant, by and through his undersigned counsel, 'Patrick J. Barrett 111, Esquire and files the following Preliminary Objections to the Plaintiff's Complaint: 1. The Plaintiff has filed a complaint alleging that it is an assignor of Defendant's original creditor, Chase Bank. 2. The complains: further alleges that Defendant has defaulted on the original credit agreement. 3. The Plaintiff has not attached a copy of the original credit agreement, any statement of account, or the alleged assignment agreement. 4. No averments are provided in the complaint to establish venue in Cumberland County. 5. Defendant is a resident of Bradford County, Pennsylvania. Plaintiff has an address in Melville, New York. COUNT I- IMPROPER VENUE 6. The averments of paragraphs 1 to 5 are incorporated by reference herein as if set forth at length. 7. There are no averments within the Plaintiff's Complaint to establish venue of this action within Cumberland County. Neither of the parties is a resident of Cumberland County. 8. There are no averments that a transaction or occurrence from which this action. arose, was in Cumberland County. WHEREFORE, the Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's Complaint or in the alternative, to transfer the action to Bradford County. COUNT II- MOTION TO STRIKE 9. The averments of paragraphs 1 to 8 are incorporated by reference herein as if set forth at length. 10. The Plaintiff's claims are based upon an alleged assignment between Plaintiff and Chase Bank. 11. There is no copy of the assignment attached to the complaint. 12. Pennsylvania law requires such assignments to be made in writing. 13. There are no specific averments concerning the alleged assignment of Defendant's account. 14. Likewise, there is no copy of the Defendant's credit card agreement or a statement of account provided by Plaintiff. 15,. As a result, the Defendant is unable to prepare a defense or response to Plaintiff's` claims. 16. Pennsylvania Rule of Civil Procedure 1019(i) requires that where any claim or defense is based upon a, writing, the pleader shall attach a copy of the writing or relevant portion. WHEREFORE, Defendant requests this Honorable Court to strike the Plaintiff's Complaint, pursuant to Pa.R.C.P. 1028(a)(2) for failure to conform to law or rule of court. COUNT III- MOTION TO STRIKE 17. The averments of paragraphs 1 to 16 are incorporated by reference herein as if set forth at length. 18. Plaintiff's Complaint requests judgment for a specified sum, plus interest, costs and attorney's fees. 19. There are no averments contained within the complaint which permit the Plaintiff to make a claim for attorney's fees or by which this Court may properly award the same. WHEREFORE, Defendant requests this Honorable Court to strike the Plaintiff's Complaint, pursuant to Pa.R.C.P. 1028(a)(2) for failure to conform to law or rule of court. COUNT IV-MOTION FOR MORE SPECIFIC PLEADING 20. The averments of paragraphs 1 to 19 are incorporated by reference herein as if set forth at length. 21. Paragraph 3 of the Plaintiff's Complaint alleges Defendant "agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit: card." 22. Plaintiff has not attached a copy of the original credit card agreement. Plaintiff has not alleged what the terms and conditions were that Defendant purportedly violated. 23. Defendant cannot prepare a response or defense to this vague averment. 24. Pennsylvania is a fact pleading state. As such, a complaint must apprise the defendant of the claim being asserted and contain essential facts to support the claim. WHEREFORE, Defendant requests this Honorable Court to dismiss the Plaintiff's Complaint, or direct that a more specific pleading be filed. COUNT V- MOTION FOR MORE SPECIFIC PLEADING 25. The averments of paragraphs 1 t 24 are incorporated by reference herein as if set forth at length. 26. Paragraph 4 of the Plaintiff's Complaint avers that the Defendant "accepted goods and/or merchandise and/or accepted services or cash advances through use of the credit card..." 27. Plaintiff's Complaint fails to contain any averments as to what the alleged goods, merchandise, or services were and no dates as to any of the alleged transactions. 28. Pennsylvania law requires the Plaintiff to set forth the dates and descriptions of the alleged credit card transactions. 29. Plaintiff has not provided a copy of the Defendant's statement of account. 30. As a result, Defendant cannot prepare a defense or response to these vague allegations. WHEREFORE, Defendant requests this Honorable Court to dismiss the Plaintiff's Complaint, or direct that a more specific pleading be filed. Respectfully submitted, i ? rick J I, squire Att orney for Defendant 228 South Main Street Athens, PA 18810 (570) 888-0297 ID# 38583 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LTD ACQUISITIONS LLC CIVIL ACTION Plaintiff V. GREGORY TUTTLE Defendant NO. 09-8246 Civil Term CERTIFICATE OF SERVICE Patrick J. Barrett, III Attorney at Law 228 South Main St. Athens, PA 18810 570-888-0297 570-888-4142 fax DATE OF SERVICE: November 5, 2010 METHOD OF SERVICE: First Class Mail - Postage Pre-paid PAPER(s) SERVED Defendant's Preliminary Objections, Notice to Plead PARTY SERVED: LTD Acquisitions LLC c/o Gordon & Weinberg P. C. 1001 E. Hector Street, Suite 220 Conshocken, PA 19428 I verify that service was made as described above. I make this statement subject t the penalty of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Barrett L w Office 2064311 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 c JOEL M. FLINK, ESQUIRE rn a Identification No. : 41200 :zm rya ET3r__, 1001 E. Hector Street, Ste 220 c�i>r— F`' Conshohocken, PA 19428 `�X °c,- 484/351-0500 D CD -� 3 > Y. ; LTD ACQUISITIONS, LLC COURT OF COMMON PLEAS n ,Y CUMBERLAND COUNTY -_ VS . DOCKET NO. 09-8246 GREGORY T TUTTLE PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I . BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C. P. 1028 (c) (1) , via. First Class Mail, postage . pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE . Dated