HomeMy WebLinkAbout06-3200
THIS IS AN ARBITRATION MP
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
219
ASSESSMENT OF
DISCOVER CARD 2U29 COURT OF C
3311 MILL MEADOW DRIVE CUMBERLAND
HILLIARD OH 43026
Vs. DOCKET NO.
DOROTHEA L BAILEY
306 SHED RD
NEWVILLE PA 17241-8758
PLEAS
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 WRITTE 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 N 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. HIS 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 LEG 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
COMPLAINT IN CIVIL ACTION
1. At all times relevant hereto, the d fendant(s) was the
holder of a credit card, which at the request if 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 of resaid 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 merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A tr e and correct copy
of the Affidavit of Plaintiff is attached here :o as Exhibit "A".
4. All the credits to which the defendan (S) is entitled have
been applied and there remains a balance du in the amount of
$6,444.09.
5. Plaintiff has made demand upon tie defendant(s)for
payment of the balance due of $6,444.09 but
failed and refused and still refuses to pay t
thereof.
WHEREFORE, plaintiff claims of the defer
$6,444.09 with interest from the date of Febrv
defendant(s)has
same or any part
(s) the sum of
28, 2003,
together with costs and atto
GOR
BY:
POLE
FREDERIC I. WEINBERG, ESQUIRE, hereby sta?es that he is the
attorney for the Plaintiff(s) in this action an verifies that the
statements made in the foregoing pleading are rue and correct to
the best of his knowledge, information and bet ef.
The undersigned understands that the st tements herein are
made subject to the penalties of 18 Pa.C.S.A. Se tion 4904 relating
to unsworn falsification to authorities.
FREDERIC I. WE4NtElkG, ESQUIRE
EXHIBIT "A"
NCO
DOROTHEA L BAILEY
6011002270136138
AFFIDAVIT
I, CRYSTAL HECKSTALL, being duly served
depose and say that:
219
al Systems, Inc.
according to law,
1. I am the agent 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 nd circumstances in
connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary
course of business;
4. This action is based on a claim for bre?
that damages are sought as a direct result of said
5. After allowing for all offsets and cred:
remains on the subject account having account numbs
6011002270136138in the amount of $6,444.09; and
6. If called upon, affiant can testify at
pertaining to this matter.
ch of contract and
breach;
ts, a balance
r
rial as to the facts
The above facts are true and correct to the b?st of my knowledge,
information and belief. /f 1 A4
CRYSTW HECKSTALL
Sworn to and Subscribed
before m this ay
of 200
"`Qp ROSFy., Sondra Rosenfeld
Notary ublic NOTARY PUBLIC
NOTARY ••.'+??'_ Montgomery County
State of Maryland
°? •. PUB?rMy Commission Expires
coMFa.. co?r'c lone a. 2nrr
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x•21 2106 843AN ply F?^{ass ,^tl ca;. ?,.
DISCOVER CARD
Plaintiff
V.
IN THE COURT OF COM_VON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 0(,-3200
DOROTHEAL. BAILEY
Defendant CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO THE COMPLANT
WITH NEW MATTER
Defendant, Dorothea L. Bailey, Pro Se, hereby responds to PlaintiT, Discover Bank's
Complaint as follows:
The form of the corresponding paragraph of Plaintiffs C1mtph int is objected to in
that it fails to conform to the Pennsy.nvania Rules of Civil Procedure in that it fails to
limit itself to one allegation of fact that can be admitted or denied. By way of fiuther
response: Defendant admits that Defendant requested a credit , ccount with Plaintiff.
Defendant admits that Plaintiff extended Defendant credit; Defendant admits that
there are applicable terms and conditions on the account despite that fact that Plaintiff
has failed to attach the operative written document in direct contravention to the
Pennsylvania Rules of Civil Procedure. If any other allegations are to be read from
the corresponding paragraph of Plaintiff s Complaint, they are denied as
unascertainable by Defendant.
2, The form of the corresponding paragraph of Plaintiffs Comph int is objected to in
that it fails to conform to the Pennsylvania Rules of Civil Procedure in that it tails to
limit itself to one allegation of fact that can be admitted or denied. Byway of fimther
response, Defendant admits that Defendant accepted and used a credit card issued by
Plaintiff. The remainder of the corresponding paragraph ofPlr.intiffs Complaint
constitutes a conclusion of law to which no responsive pleading is required and they
are therefore denied. By way of finther response, the corresponding averment of
Plaintiff's Complaint seems to suggest the breach of a contract. but the operative
document is not attached to Plaintiffs Complaint in direct contravention to the
Pennsylvania Rules of Civil Procedure.
The form of the corresponding paragraph of Plaintiffs Complaint is objected to in
that it fails to conform to the Pennsylvania Rules of Civil Procedure in that it fails to
limit itself to one allegation of fact that can be admitted or denied. By way of further
response, Defendant admits that Defendant received and accepted good, merchandise,
services and'or cash advances through use of the credit card issued by Plaintiff. By
way of further response,. After reasonable investigation, Defendant is without
suf ficient information to form an opinion as to the truth or falsity of the remainder of
the corresponding averment of Plaintiff's Complaint and it is therefore deemed
denied.
.. .? [.n? C ^ddd,M Y ='Ofd.f 0r nd V 56
4. The form of the corresponding paragraph of Plaintiffs Comph.int is objected to in
that it fails to conform to the Pennsylvania Rules of Civil Procedure in that it fails to
limit itself to one allegation of fact tltat can be admitted or denied. By way of further
response, Defendant admits that Defendant received all credits on the account to
which Defendant reflect all payments made by Defendant. The remainder of the
corresponding paragraph of Plaintiffs Complaint constitutes a conclusion of law to
which no responsive pleading is required and they are therefore, denied. By way of
further response, the corresponding averment of Plaintiff's Complaint seems to
suggest the breach of a contract.. but the operative document is not attached to
Plaintiff's Complaint in direct contravention to the Pennsylvania Rules of Civil
Procedure.
5. The form of the corresponding paragraph of Plaintiff's Comph.int is objected to in
that it fails to conform to the Pennsylvania Rules of Civil Procedure in that it fails to
limit itself to one allegation of fact that can be admitted or dem ed. By way of further
response, it is admitted that Plaintiff has made demand of Defendant to pay the
alleged amount. The amount alleged is denied as a conclusion of law to which no
responsive pleading is required and they are therefore denied in that it relies on the
terms of a contract, but the operative document is not attached to PlaintifFs
Complaint in direct contravention to the Pennsylvania Rules oi'Civil Procedure. It is
admitted that Defendant has failed to make some payments on the account. It is
specifically denied that Defendant has ever refused to pay any ?art cf the account
NEW MATTER
Defendant became delinquent on payments to Plaintiff on the alleged account due to
unanticipated marital and family medical circumstances.
Defendant has made numerous and repeated reasonable settlement offers to resolve
the alleged account.
3. Plaintiff has refused to respond in any way, other than by the filing of the instant
Complaint, to Defendant's offers.
4. Any legal fees Plaintiff incurs in this action are unnecessary waste and therefore, not
recoverable from Defendant.
Respectfitlly submitted.
Dorothea L. Bailey, Pro Se
2( ?;:;AhE NV '"0 ACV c i, FjC d/',
VERIFICATION
I, Dorothea L. Bailey, verify that the statements made herein are true mid correct to the
best of my kno,,fiedge, information and belief. I understand that these statements are made
subject to the penalties of IS Pa. C.S. Section 4904, relating to unswom falsification to
authorities.
-// dt?
Dorot ea L. Bailey
CERTIFICATE OF SERVICE
I, Dorothea L. Bailee, hereby certify that on this day of u rJ e 20 0(
a copy of DEFENDANT'S ANSWER TO THE COMPLAINT WITH V H_W MATTER was
mailed. first-class, postage pre-paid to:
Gordon & Weinberg, P.C.
Frederic Weinberg
21 South 2I't Street
Philadelphia, PA 19103
orothea L. Bailey
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CASE NO: 2006-03200 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER CARD 2U29
VS
BAILEY DOROTHEA L
SHANNON SHERTZER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BAILEY DOROTHEA L the
DEFENDANT at 1415:00 HOURS, on the 9th day of June 2006
at 306 SHED ROAD
NEWVILLE, PA 17241-8758
DORTHEA BAILEY
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: So Answers:
Docketing 18.00
Service 11 .4 4
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
39.44,/ 06/12/2006
?i, 7-/t OL GORDON & WEINBERG
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberianb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
10 I " 3;ZC-6 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573