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Home My WebLink About12-35072123777 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES r HEARING REQUIRED. GORDON & WEINBERG, P.C. 'BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.. 41360 -" ,?' t - JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 -<= Conshohocken, PA 19428 484/351-0500 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS "a 125 S. West Street CUMBERLAND COUNTY Wilmington, DE 19801 VS. DOCKET NO. : /a-,3-130'7 0,1vi 7a-^ RENATHA HAMILTON 915 INDIANA AVE LEMOYNE PA 17043-1407 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 S 103.75 po AT7Y 0'w l `j61o/ l?? d 7 (a/!o5 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the statements or Affidavit of Account, if available, is attached hereto made part hereof and marked as Exhibit "A". 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of 5/18/12 in the amount of $2,849.74. 5. 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. 6. Defendant's last payment on account was made on 2/7/2011. WHEREFORE, plaintiff claims of the defendant (s) the sum of $2,849.74 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. f? BY: FREDERIC I. E BERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff P01A RENATHA HAMILTON 4695965002526867 State of Delaware County of New Castle 2123777 BARCLAYS BANK DELAWARE AFFIDAVIT I, / :Che/g 64ax j? being duly served sworn according to law, depose and say that: 1. I am the authorized representative of the Plaintiff herein and I have custody and control of the files relating to this account; 2. Plaintiff's files are maintained in the usual and ordinary course of business; 3. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 4. There is now due and owing from defendant to plaintiff, the amount of $2,849.74 less credits in the amount of $.00 totaling $2,849.74 as of April 6, 2012. 5. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. f AFFIANT: Sworn to and Subscribed before me this ?C day of , 2 2 i Notary Public P120 1Z: •C` .? SHERIFF'S OFFICE OF CUMBERLAND COUNTY P =.= Ronny RAnderson Sheriff ?a Ali ? u+?brr ? # .^ ^ y Jody S Smith ??w l? 's Gnr.' CO Chief Deputy , - -- Richard W Stewart Solicitor OFFICE,: - ,E c?Eala? { Barclays Bank Delaware Case Number vs. 2012-3507 Renatha Hamilton SHERIFF'S RETURN OF SERVICE 06/11/2012 06:32 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1832 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Renatha Hamilton, by making known unto herself personally, at 915 Indiana Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. TSHA , EPUTY SHERIFF COST: $44.00 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (cj GountySutte Sheriff. Tele.osoft. Ina IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, €0 'Hot PENNSYLVANIA CIVIL DIVISION P - BARCLAYS BANK DELAWARE, f; RL)' ND COUNT - r???S1'Li?,?NIA Plaintiff(s) Docket No.: 12-3507-Civil Term v. RENATHA HAMILTON, Defendant(s) PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33?d Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 +?161N •- \ 1 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) Docket No.: 12-3507-Civil Term V. RENATHA HAMILTON, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. RespeofGl ly, Joseph P $3120 Th/I.phy Firm TBuilding, 33rd Floor 3Street, #3309 Pi , PA. 15219 # i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) V. RENATHA HAMILTON, Defendant(s) Docket No.: 12-3507-Civil TermrrI " J - PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) Docket No.: 12-3507-Civil Term V. RENATHA HAMILTON, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing - -C APPEARANCE .ICJ PRELIMINARY OBJECTIONS TO COMPLAINT '12 rMOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Joel Flink, Esq. Gordon and Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, Pa 19428 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) Docket No.: 12-3507-Civil Term V. RENATHA HAMILTON, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §1019(1). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 9. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 10. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 11. As set forth in the attached brief, the complaint in this case is not so sufficiently specific. 12. Pa. R.C.P. 1019 requires, inter alia, that facts be pled and that items of special damage be pled with specificity. 13. In the context of a credit case, the facts and items of special damage, which are to be pled, include the dates and amounts of charges, fees, fines, interest, and the like. 14. In the context of a credit case, the requirements of 1019 are normally met by attaching copies of an un-interrupted chain of statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 15. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, sufficiently or specifically plead the facts and items of special damage underlying the case. 16. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019, and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. OBJECTIONS TO VERIFICATION 17. The Complaint is verified by counsel. 18. A verification by counsel can be appropriate only if same complies with Pa. R.C.P. 1024(c). 19. Said verification does not comply with Pa. R.C.P. §1024(c). 20. Accordingly, the Complaint is the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Rule 1024(c). WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord CA IA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) E' a fa _ 16!, h . E? 125 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) VS. ?Ac1M t ` T No./ Z -2'5T76 0 /Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, /2e , T6 ecj r w? 2. Identify all counsel who will argue cases: (a) for plaintiffs: J'1C7 I- ^ (Name and Address) (b) for defendants: w-v L" 31 a Gfc/v,? s k 33a? / (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 ?513G Z I ' Date: ttorney 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 rellsted. aro+ * 1 $Ia? C? ? 9s3 C rn CD =m -0;m 2123777 cnr" _ :.:= �p CD I ___4 C-) GORDON & WEINBERG, P.C. =--t.4 0 CJs BY: FREDERIC I . WEINBERG, ESQUIREp " ' tm, Identification No. : 41360 -j>JL_ f` JOEL M. FLINK, ESQUIRE Identification No. : 41200 CO 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. : 12-3507 CIVIL TERM RENATHA HAMILTON PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY FREDERIC W NBERG, ESQUIRE JOEL M. F INK, ESQUIRE Attorn for Plaintiff P006 CERTIFICATION OF SERVICE I, JOEL M. FLINK, 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. JOEL F IN , ESQUIRE Dated — 3 r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) Docket No.: 2012-3507 V. RENATHA HAMILTON, ; -a PRAECIPE TO DISMISS WITH-;jw fr, PREJUDICE =� -" Defendant(s) > t,, C.) <C:) e Filed on Behalf of: DEFENDANT C:) N �- cn ^; Counsel for this Party: Joseph Murphy 83120 THE J. MURPHY FIRM 310 GRANT STREET, #3309 PITTSBURGH, PA 15219 (412)521-2000 t"IJA f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) Docket No.: 2012-3507 V. RENATHA HAMILTON Defendant(s) Certificate of Service I do solemnly swear that a true and correct copy of the within Praecipe to Dismiss With Prejudice was delivered to the below party or counsel therefore as follows: Joel Flink, Esq. Gordon & Weinberg 1001 E Hector Street Suite 220 Conshohocken, PA 19428 [X] Via First Class U.S. Mail, Postage [ ] Via Facsimile: Pre-Paid [ ] Via Certified U.S. Mail, Postage [ ] Via Express Mail Pre-Paid Carrier: Article N-uf6ber [ ] Via Certified U.S. Mail, Po A ge [ Other Method as follows: Pre-Paid, Return Receipt Requested. Joseph Mur�hy May 8th, 0 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintiff(s) Docket No.: 2012-3507 V. RENATHA HAMILTON Defendant(s) PRAECIPE TO DISMISS WITH PREJUDICE To the Department of Court Records: Kindly mark the above-captioned matter Dismissed with Prejudice for failure to comply with order of court dated January 3rd, 2013 a copy of which is attached hereto. The Day's Count is as Follows: January 3rd -- January 31St 28 Days February 1St - February 28th 28 Days March 1s' - March 31St 31 Days April 1St - April 30th 30 Days May 1St - May 8th 08 Days r TOTAL: 125 Days Respectfully Submitted, Joseph Murph May 8th, 2013 (Counsel for DEFENDANT) IN THE COURT 0 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BARCLAYS BANK DELAWARE, Plaintif (s) Docket No.-..;12 3,507-Civil Term V. RENATHA HAMILTON, Defendant(s) . ORDER . On this 3 day of �, 20 �3 , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file anhended complaint within 120 days If Plaintiff fails to file an amended complaint within the time set forth a ove, the Prothonotary, upon Praecipe of the Defendant, shall dismiss t is case with prejudice. BY THE COURT; 151 '114 avy 4 } COHSE T 0 T NTRY OF THE ABQV'� Q ER: ' �7o J eph P. M rop rq � r n C.if D' Jo IiYSk, sq. 2---