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EXHIBIT "A"
GE MONEY BANK,
Plaintiff
ANDREW SPENCER,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
CIVIL DIVISION
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DEFENDANT'S PRELIMINARY OBJECTIONS
Defendant, Andrew Spencer, by and through his counsel, Sally J. Winder,
Esquire, files the following Preliminary Objections to Plaintiff's Complaint:
1. Pa. R.C.P. 1019(f) states that averments of time shall be specifically stated. No
statements in paragraph 1 contain a statement of time when Defendant was a
credit card holder.
2. By failure to state the dates Defendant was a card holder, Plaintiff has violated the
specific Rules of Court.
3. Plaintiff's Complaint should be dismissed for failure to properly state a claim.
4. Pa. R.C.P. 1019(a) states that material facts on which a cause of action is based
shall be stated in a concise form.
5. Plaintiff's Complaint fails to set forth Defendant's identity, legal capacity to be
sued, the Plaintiff's identity, capacity to sue, or allege any facts as to jurisdiction
of this Honorable Court.
6. By failure to state any of the relevant information with respect to the identity of
the parties and jurisdiction of the Court, Plaintiff has violated the specific Rule of
Court and the Complaint should be dismissed.
7. Pa. R.C. P. 1019(i) specifies that, when any claim is based upon a writing, the
pleader shall attach to its Complaint a copy of the writing.
8. Plaintiff has not attached to its Complaint a copy of the writing by which it states
in paragraph 1 Defendant agrees to terms of Plaintiff as to "use of Plaintiff's
credit facilities".
9. Plaintiff in further violation of Pa. R.C.P. 1019(1) has failed to attach a Statement
of Account or Affidavit which verifies any of the allegations of paragraph 3
claiming that "Defendant received and accepted goods and merchandise and/or
accepted services or cash advances through the use of the credit card".
10. Plaintiff's allegations in paragraph 3 are so vague and non-specific that they fail
to clearly state a cause of action or claim.
11. Because of Plaintiff's failure to state a claim, the Complaint should be dismissed.
12. Paragraph 5 states that a demand has been made upon Defendant for payment;
however, Plaintiff has failed to attach a copy of any such demand.
13. By failing to attach such writings and demands, Plaintiff has violated the Rules of
Court and the Complaint should be dismissed.
14. Plaintiff has failed to state that Defendant has any obligation for interest, the rate
of interest, the costs, if any for which Defendant may be held liable, the basis for
such liability, or the attorney fees claimed and any valid basis for any assessment
of attorney fees. Therefore, the averments and requests for judgment are without
any support in fact or law and are not properly plead as required by the Rules of
Court, and the Complaint should be dismissed.
15. Rule 1018.1(b), Pa. R.C.P., specifies the form of Notice to Defend with which
every complaint filed by a plaintiff must begin.
16. Plaintiff in this case has not followed the form required by the Rules of Civil
Procedure as noted above, in that Plaintiff has omitted any reference to the procedure
to be followed in the event a defendant cannot afford to hire a lawyer and has used an
incorrect address.
IT By not following the required form, plaintiff has violated the specified Rule of
Court.
18. Plaintiff's complaint should be dismissed.
19. Rule 1021 (c), Pa.R.C.P., specifies that in counties having rules governing
compulsory arbitration the plaintiff shall state whether the amount claimed does or
does not exceed the jurisdictional amount requiring arbitration referral by local rule.
20. Cumberland County has rules governing compulsory arbitration.
21. Plaintiff s complaint does not contain the specified statement concerning referral
to compulsory arbitration.
22. By not containing the specified statement about arbitration referral, plaintiff has
violated the specified Rule of Court.
23. Plaintiffs complaint should be dismissed.
WHEREFORE, for the foregoing reasons, Defendant Andrew Spencer requests this
Honorable Court dismiss the Complaint filed against him.
Respectfully submitted,
r
S y J. W der, Esquire
ID No. 24V5
Attorney for Defendant
P.O. Box 341
Newville, PA 17?
CERTIFICAT OF SERVICE
I do certify that a copy of the foregoing Defendant's Preliminary Objections was
served this date by mailing the same in the US Postal Service, first class mail, postage
prepaid addressed as follows:
Frederic I. Weinberg, Esquire
Gordon & Weinberg, P.C.
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
1 Aiv?lnder, Esquire
P.O. Bo 341
Newville, PA 17013
Ji~ f HE PR TH0NO 1A
2094089
2J14JAN -9 AM1!: 55
GORDON & WEINBERG, P. C.
BY: FREDERIC I . WEINBERG, ESQUIRE DUMB RLANQ COUNTY
Identification No. : 41360 PENNSYLVANIA
JOEL M. FLINK, ESQUIRE
Identification No. : 41200
1001 E. Hector Street, Ste 220
= Conshohocken, PA 19428
484/351-0500
GE MONEY BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs . DOCKET NO. : 10-7452
Andrew Spencer
PRAECIPE TO WITHDRAW COMPLAINT
EEE
TO THE PROTHONOTARY:
Kindly withdraw the above-captioned action, without prejudice.
aEa GORDON & WEINBERG, P.C.
BY:
EEE FRED•'IC I . WEINBERG, ESQUIRE
JOEL M. FL K, ESQUIRE
Atto •- or Plaintiff
P006
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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.
FRED . WEINBERG, ESQUIRE
Dated (447y