Loading...
HomeMy WebLinkAbout06-4529x? tea- P/ti/4010 OF COMMON PLEAS Cumberland Judicial District, County Of NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 7-24-06 LLC. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Paula P. Cort V. John CV-083-06 I-A This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy was No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after (ling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name o/ appelle(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or atfomey or agent RULE: To Name of appellee(s) appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVtC?E OF OTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss 4 AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 - Signature ofaffianl Signature of official before whom affidavit "a made Title of oRclal My commission expires on 20 Vt W Y ? Tt FT', ? ? t7 1 < ?J y. y ZC,' ?C _ - C O AOPC 312A-02 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ., rEIIDSON 4 BEYSE, LLC 107 N COMMERCE NAY SETSLE88E, PA 18017 L J VS. DEFENDANT: NAME end ADDRESS ?DySOX JOHff 8 FILL DIVE CARLISLE, PA 17013 L -J' CIO AYATO & ASSOCIATES P.C. 107 `•N COW=CZ NAY DocketNo.: C4-0000083-06 BWhHJ EEIiI, PA 18017 Date Filed: 6105106 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT (Date of Judgment) 7/24/06 ® Judgment was entered for:' (Name) DYSON, JOHN' 0 Judgment was entered against: (Names) EDDSOlf A KEYSE, LLC in the amount of $ 00 Amount of Judgment $ ? Defendants are jointly and severally liable. Judgment Costs $ .0 Damages will be assessed on. Date & Time Interest on Judgment $-S 0 Attorney Fees $ .0 This case dismissed without prejudice. Total $ .00 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment;Credits $ Post Judgment Go'sts • .: $ 0 Portion of Judgment for physical damages arising out of residential lease R Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS/ OF APPEAL WITH THE PROTHONOTARY/CLERK.OF THE COU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRA EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVII JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN COME FROM THE COURT. OF'COMMON PLEAS AND NO FURT THE ENTRY OF?JUDG COMMON PLEAS, CIV PT FORM WITH YOUR COURT OF PROCESSI Y FILING A NOTICE ION. YOU OF APPEAL. ISTRICT JUDGES, IFTHE LL FURTHER PROCESS MUST THE MAGISTERIAL DISTRICT JUDGE. ` iEJUDGMENT. - Rd7nicTaatial f)ickraM our L? .. ... 26i2 ?. ° Sr i My commissionezpires first Monday" Of January, AOPC 315-06 DATE PETERED: 7/24106 2-55:00 PM ie o O -n a c 37 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPL w (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. CheclL "Plic8le b --GG Oi COMMONWEALTH OF PENNSYLVANIA COUNTY OF as AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. 06-4529, upon the District Justice designated therein on (date of service) 8/9/06 , 20 ? by personal service 70 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) John Dyson . on 8/9/06 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFO E ME THIS k M DAY OF A?.?.??( 20 J _ signature of ic"before wh s made ?- My commission expires on Z? ° \ 20 6-& NOTARIAL MEAL ORONO" O SCHOEN M Publle MANOIIl11 TONMSti1 NOfITHAMPTON CNTT My com""Ien Met % 2M Signature ofaPo'ani I AOPC 312A-02 COMMONWEALTH OF PENNSYLVANIA N t, COURT OF COMMON PLEAS Judicial Distounty Of P Cusbarlaud ic?- dp/ti/v4v NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON APPEAL I Notice is given that the appellant has filed in the above Courtof Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Hudson & e. LLC. 09-2-01 I Paula Be Correal ADDRESS OF APPELLAN CITY STATE ZIP CODE D F 1 HE OF (Plalnaln., j4 fentla(tt)' .. _. -24-06 iudaon &; DOCKET N. e, LLC.. , Jobe"Dyson " SIGNATURE AM AGIDIT CV-083-06 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEA$ to the judgment for possession in this case. c, was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. ?. ? Spnfun or..Pioalarlotery ar DaPaY PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) i tion be stri'I;Wastice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary ,.,?''" Enter rule upon appellee(s), to file a complaint in this appeal Name of appeffee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature ofappeaant or attomey or agent RULE: To , appellee(s) Name of appellee(e) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. -.. - _---- (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE.ENTERED AGAINST YOU. (3) The date of servicef this rule if service was by mail is the date of the mailing. Date ' 20 swietura otpromonptdry or Deputy YOU xNSNNCLUDE A COPY OF THE NOTICE OF JUD61ENTfTRANSCRiPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE 4 N O J =FIE C SERVICE REIIINI MC6PTFEE M C3 S m m 2:13 PM File: m O c7 JOHN J. DYSON ul 8 HILL DRIVE M1 CARLISLE, PA 17013 N A J S 0 a 0 a m m m s 0 N o- w .0 N M1 1 PS FORM 3800 ?L#*7EVSrATj3 RECEIPT ?FO?R,r.ERTIF?IEpD? MAIL NarFO?i r,t t0EE1EE $0.39 0041111 OR DATE W flE1T11111 RECENR Pl81PoC7ED DEIIVERY FEE - SERVICE cwnvmpm ??GN vAl(c<` Krim"UmFEE C(i ?J- SE roar FOSnuuuuFEE'S v ?G b 2:13 PM File: `. Yfz m S ti HONORABLE PAULA P. CORREAL o?96 MAO. DIST. CT. 09-2-01 (CUMBERLAND) 2260 SPRING ROAD CARLISLE, PA 17013-3322 P5 POHM 33M 0 UNnWSTAnM RECEIPT FOR ffgnNqED MAIL PCISTALIMU. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. 06-4529 Civil vs. JOHN DYSON 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 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 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, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND ASSOCIATE P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. JOHN DYSON Defendant(s) No. 06-4529 Civil CIVIL ACTION COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $5,141.89, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, HUDSON & KEYSE, LLC is located at 382 Blackbrook Road, PAINESVILL OH 44077. 2. The Defendant, JOHN DYSON is located at 8 Hill Drive, CARLISLE PA 17013. 3. At the special instance and request of the Defendant, Bank of America, N.A., issued to Defendant its Visa credit card, and from time to time thereafter, Defendant made various purchases, in which transactions Defendant made use of said Visa credit card. A true and correct copy of a Statement of Defendant's Account, is attached hereto, made a part hereof and marked Exhibit "A". 4. Plaintiff believes and therefore avers that the original credit application was in writing but at the time of filing of this suit Plaintiff is not in possession of said application. 5. For value received, Bank of America, N.A. assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim. 6. By virtue of said assignment, Plaintiff acquired legal title to said Account, and became the legal holder of the claim against the Defendant. 7. Defendant has not adhered to the agreed repayment obligations that govern the aforesaid Visa credit card account, by reason of which Defendant is in default thereof. The Defendant received, accepted and made various purchases using the credit card described in Exhibit "A", and a total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $2,960.47. 9. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 21.99% per annum to the past due balance. As of August 10, 2006 the total amount of interest due to plaintiff is $2,181.42. 10. Plaintiff is entitled to have the 21.99% interest charge continue to accrue as set forth above, from August 10, 2006 on down to the date of judgment in this matter. 11. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant fo$5,141.89together with the continually accruing interest charge at the agreed rate of 21.99 % per annum from August 10, 2006, and cost of suit. COUNT II Alternative to Count I - Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 13. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 14. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 15. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 16. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 17. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the ua arim meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $2,960.47. WHEREFORE, Plaintiff demands judgment against Defendant for $2,960.47 together with the continually accruing interest charge at the statutory rate of 6.00% ner annum from August 10, 2006, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND ASSOCI S, P.C. By: onald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION SUERg hereby states that he/she is the Lf-Sa/ AccT Mbse- of ?/un5o u &4Y461 L ?C Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. 336 101431e0410D50640072Oma+1+ I I', JOHN J DYSON BukolAteork;s 0004582 0046047 0296047 4319041005064037 DANK OF AMERICA PO BOX 5270 CAROL STREAM IL 60197-5270 BOHILL DYSON CARLISLE PA 17013 Payment Coupon Aoccunt Ntunbw 4319 0410 0506 4057 RM unzffi k Past Due Amount 4 286.99 I Minimum Payment Due $ 460.47 Amount Enclosed e Make clack or money order payable to Bank of Amarka. Account Number: 4319 0410 0505 4037 Your Bank of America Visa Account Account Su Previous Balance 8 2,823.40 Purdwmm + $24.90 Cash Advances + $0.00 Other DeWb + $64.00 Crests $ 0.00 FINANCE CHARGE + 648.17 - payments 000 la Now Balance nce ? $2,960,47 Corresponding Daly Periodic Average Daily Minimum (M) / APR Rate(DPR) Balence(ADB) Periods : (P) Charge Purchases 21.99% 0.06026%V $1,996.06 433.71P Cash 21.99% 0.06025%v $666.97 $ 14.46P ANNUAL PERCENTAGE RATE 21.99% v-Vad" BBekolAmorka 4W IN ACCORDANCE WITH YOUR CARDHOLDER AGREEMENT, YOUR ACCOUNT WILL REMAIN IN PENALTY PRICING FOR GOING OVERLIMIT ON YOUR LAST STATEMENT. YOUR ACCOUNT WILL RETURN TO THE REGULAR INTEREST RATE UPON RECEIVING SEVEN (7) CONSECUTIVE MONTHS OF ON-TIME MINIMUM PAYMENTS WITHOUT GOING OVERUMIT. Thu Y w elhmor,le Nproawaim dawlraa etla d your nWnted eitl Eaw not CaMaN pr ewlwww which win ma" on the r 24-Hour Custorrw Service 1.900.792.9194 Pay ordinal Visit For Lost or Stolen Cards 1.800.649.6090 www.bmkolemerice.com TrWIMIDt10T18 View recenttransactions and Day vow bill onlne atwww.bankofamsdca.com. POST. TPANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CA-CREDIT 1014312W 100 ORM720030914 BuillittAffierb + Access your account online at rwrw.benkolemerice.com. JOHN J DYSON Pay online today. Enroll in Online Banidng at www.bankofamerica.oom 24 Tour customer service 1.800.732.9194 For lost or stolen cards 1.800.848.6090 YOUR ACCOUNT IS OVER 90 DAYS PAST DUE AND CLOSED TO FUTURE USE. THIS PAST DUE RATING IS BEING REPORTED TO THE CREDIT BUREAUS. TO AVOID FURTHER ACTION, REMIT THE -MIN PAYMENT DUE' IMMEDIATELY. CALL OUR COLLECTIONS DEPARTMENT AT 1-(800)-898.6618. rs.2d2 This br*W1mis fW0AdM d do "M $* d" pWmpd pfd Apr w m t@Mow aW mr rhkhw mtlu m AM mwM pNpdypur aAp6r1MpM11Mn1. ? a r ? 'U r'; as CrN j Ca 0 a., •? A Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUDSON & KEYSE, LLC, V. JOHN DYSON, Plaintiff NO. 06-4529 CIVIL TERM CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Hudson & Keyse, LLC c/o Michael J. Kennedy, Esquire/Amato and Associates, P.C. You are hereby notified to file a written response to the enclosed Preliminary Objection within twenty (20) days from service hereof or a judgment may be against you. Attorney ID No. 2080 Linglesto% Harrisburg, P/? ? Road, Suite 106 7110 Attorney Date: Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldherg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUDSON & KEYSE, LLC, Plaintiff NO. 06-4529 CIVIL TERM V. CIVIL ACTION - LAW JOHN DYSON, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW COMES the Defendant, John Dyson, by and through his attorney, Joseph K. Goldberg, Esquire, who files these Preliminary Objections to the Plaintiffs Complaint, as follows: 1. In this matter, the Plaintiff is attempting to collect a debt it alleges the Defendant originally owed to a credit card issuing bank, which debt was subsequently purchased by the Plaintiff. 2. This matter is an appeal by Plaintiff of an judgment in favor of the Defendant issued by Magisterial District Judge Paula P. Correal on July 24, 2006. 3. The Defendant was served with the Complaint in this case on August 10, 2006. First Preliminary Objection - Pa. R.Civ. P. No. 1028(a)(2) - Failure to conform to rule of court (failure to attach contract upon which claim is based) 4. The first claim of the Plaintiff in its Complaint is for breach of a written contract between the Plaintiffs alleged predecessor and the Defendant. 5. The Plaintiff has failed to attach a copy of the contract between the Defendant and any party in interest, including the assignor(s) of the Plaintiff. The only document attached to the Plaintiffs Complaint is Exhibit A, an incomplete electronic reproduction of a what appears to be a monthly statement issued by Bank of America, which is undated, although it states that a payment due date is April 8, 2003. Exhibit A states at the bottom of both pages that it does not contain language which was included in the original of that document. The attachment is not a contract and does not indicate that the Defendant entered into an agreement with any party. It does not provide the contractual basis for the amounts claimed by the Plaintiff in its Complaint, including interest it asserts is owed by the Defendant. 6. Pursuant to Pa. R.Civ. P. No. 1019(i), the Plaintiff is required to attach to the Complaint copies of all writings upon which its claims are based. 7. By failing to attach a copy of the contract upon which the Complaint is based, the Complaint does not comply with an express rule of court, in violation of Pa. R.Civ. P. No. 1028(a)(2). Second Preliminary Objection - Pa. R.Civ. P. No. 1028(a)(2) - Failure to conform to rule of court (failure to attach written assignments of debts) 8. The Plaintiff asserts that it is the assignee of a predecessor to whom the Defendant allegedly owed the debt. Since the Plaintiffs right to a judgment is predicated upon a written assignment, that writing must be attached to the Complaint, pursuant to Pa. R.Civ. P. No. 1019(i). 9. By failing to attach a copy of the assignment of the debt to the Plaintiff, 2 the Complaint does not comply with an express rule of court, in violation of Pa. R.Civ. P. No. 1028(a)(2). Third Preliminary Objection - Pa. R.Civ. P. No. 7028(a)(2) - Failure to conform to rule of court (failure to provide sufficient details of amounts allegedly owed to Plaintiff) 10. The Complaint contains only a bald assertion of the amount the Plaintiff claims is owed by the Defendant. It provides no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrua, and amounts, of interest charges. 11. In Count II', the Plaintiff seeks recovery on a theory of unjust enrichment, asserting the Defendant benefitted from items purchased through this account. However, other than what appears to be a $24.90 charge for a magazine subscription as listed on the Exhibit attached to the Complaint, the Plaintiff has not listed any items or values for the same to substantiate its claim for unjust enrichment. 12. The document attached as Exhibit A does not contain any of the requisite details of the account, as required by Pa. R.Civ. P. No. 1019(a). 13. By failing to provide the details of the items allegedly purchased and the values of the same, the Complaint does not comply with an express rule of court, in violation of Pa. R.Civ. P. No. 1028(a)(2). 'There is no Count I delineated in the Complaint. 3 WHEREFORE, the Defendant demands that his Preliminary Objections be sustained, and the Plaintiffs Complaint be dismissed. Respectfully submitted, ID No. Date: d-6"0 Harrisburg, PA 7110 (717)703-360 Attorney for De ndar 4 106 CERTIFICATE OF SERVICE 1, the undersigned, hereby certify that on the &/ ? day of , 2006,1 served a copy of the foregoing Defendant's Preliminary Objections to Complaint, by first-class mail, postage prepaid, upon the following: Michael J. Kennedy, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Attorney for Plaintiff n _ o U,' rJ T r ?z i ? y __ it Cyj <fl C,l f7 ?R ^G COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. 06-4529 Civil VS. JOHN DYSON : CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Complaint was served via first class mail; postage prepaid ow August 18, 2006: Joseph K. Goldberg, Esq. 1080 Linglestown Road, Ste 106 "Harrisburg, PA 17110 AMATO AND ASSOCIATES .C. By: - - 11*?? onald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM <. ?,. ?? ?„ =gig 4? ,". CTS ; ? %. ?? ? yC "S1 (f+ -? w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. 06-4529 Civil VS. JOHN DYSON 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 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 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, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND ASSOCIATES, P.C. By: Ronald-Amato, q., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff : No. 06-4529 Civil vs. JOHN DYSON CIVIL ACTION Defendant(s) AMENDED COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $5,970.82, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, HUDSON & KEYSE, LLC is located at 382 Blackbrook Road, PAINESVILL OH 44077. 2. The Defendant, JOHN DYSON is located at 8 Hill Drive, CARLISLE PA 17013. 3. At the special instance and request of the Defendant, Bank of America, N.A., issued to Defendant its Visa credit card, and from time to time thereafter, Defendant made various purchases, in which transactions Defendant made use of said Visa credit card. A true and correct copy of a Statement of Defendant's Account are attached hereto, made a part hereof and marked Exhibit "A". A true and correct copy of the terms and conditions of said account are attached hereto, made a part hereof and marked Exhibit "B". 4. Plaintiff believes and therefore avers that original request for credit was in writing but that it is not in possession of the original credit application but same has been requested from Bank of America, N.A. 5. Defendant opened said account on or about February 6, 2001. 6. Defendant's last payment on said account was made on or about October 14, 2002. 7. For value received, Bank of America, N.A. assigned, transferred and set over to The Sagres Company all its rights, title and interest in this claim. A true and correct copy of the Bill of Sale is attached hereto, made a part hereof, and marked Exhibit "C". By virtue of said assignment, The Sagres Company acquired legal title to said Account, and became the legal holder of the claim against the Defendant. 9. For value received, The Sagres Company assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim. A true and correct copy of the Bill of Sale is attached hereto, made a part hereof, and marked Exhibit "D". 10. By virtue of said assignment, Plaintiff acquired legal title to said Account, and became the legal holder of the claim against the Defendant. 11. Defendant has not adhered to the agreed repayment obligations that govern the aforesaid Visa credit card account, by reason of which Defendant is in default thereof. 12. The Defendant received, accepted and made various purchases using the credit card described in Exhibit "A", and a total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $2,960.47. 13. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 21.99% per annum to the past due balance. As of August 10, 2006 the total amount of interest due to plaintiff is $2,181.42. 14. Plaintiff is entitled to have the 21.99% interest charge continue to accrue as set forth above, from August 10, 2006 on down to the date of judgment in this matter. 15. Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff. Presently, Plaintiff is due attorneys' fees in the amount of $828.93, for a total due of $5,970.82. 16. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $5,970.82 together with the continually accruing interest charge at the agreed rate of 21.99% per annum from August 10, 2006, and cost of suit. COUNT II Alternative to Count I - Unjust Enrichment 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 extension of credit described in the exhibits attached hereto was provided to Defendant, and Defendant received and accepted the benefit of such extension of credit provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid extension of credit to Defendant, and that Plaintiff expected to be repaid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the extension of credit and to incur damages. 21. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum mentit value of the value of the extension of credit described in the exhibits attached hereto, in the amount of $2,960.47. WHEREFORE, Plaintiff demands judgment against Defendant for $2,960.47 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from August 10, 2006, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND ASSOCIATES, P.C. By: Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION Nancy A. Quere, hereby states that she is the Legal Account Manager of Hudson and Keyse, L.L.C. Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. 3 101431OD410050640372DO30314 0004562 0046047 0246047 4319041005064037 611o11Mrud1111rd1O666rd11Lyd1LMiwdi6rrd6rl ^ DANK OF AMERICA ' /) PO BOX 5 70 CAROL STREAM IL 60197-5270 JJOH L DYSON CAR SLE PA 17013 JOHN J DYSON Account Number. 4319 0410 0506 4037 Your Bank of Anwrica Visa Account 8 2.823.40 $24.90 $ 0.00 8 64.00 60.00 $ 48.17 t o.00 $ 2,960.47 . Camspor%&V Ra D A w B Mhkmm ? hw A R aW P S i*ADD ) Pw1a (P) as C Purchases 21.99% 0.08026%v 81,998.08 833.71P Cash 21.99% 0.08025%v 8889.97 514.46P ANNUAL PERCENTAGE RATE 21.99% wVerlaWe Bukef Awk s 4r BaskofAmmici APO- ACCOUNT WILL RETURN TO THE REGULAR INTEREST RATE UPON RECEIVING SEVEN (7) CONSECUTIVE MONTHS OF ON-TIME MINIMUM PAYMENTS WITHOUT GOING OVERLLIMIT. TWYmelgode d1hafm1o edyew ddwm*&1ddm Woof 24-How CA brrwr SarWm 1.800.792.9194 Pay "AWI Vw For last or Maim Cads 1.800.848.8090 www.ba*Af mwkaoom TWIM1106M. View raowd Vanowdom and my war bill ante w www.banko .oom POST. TPAM FIEF. DMRF110N AMOW DATE 617E NO. CR-morr 101431O U 1 W a1M0272W=14 BaakoiA"im Access your account online at www.barkof mrlca,com, JOHN J DYSON 24 o?I no today. Enrol in Online Bank)ng at www.benkofamerica com r customer service 1.800.732.9194 For lost or stolen cards 1.800.848.8090 YOUR ACCOUNT IS OVER 80 DAYS PAST DUE AND CLOSED TO FUTURE USE. THIS PAST DUE RATING IS BEING REPORTED TO THE CREDIT BUREAU& TO AVOID FURTHER ACTION, REMIT THE WIN PAYMENT DUE' IMMEDIATELY. CALL OUR COLLECTIONS DEPARTMENT AT 1{800}833-5618. Ppw2d2 lli Ymdwr4pdprqwoduodmddMhod"dyovMdwwWwddm,d Ion,' Mdwbmuwwh1chwww , wdrnywnwddwdywurwbkw e,b1nM1. !H 11 , ,9911 .11 SO 0,. 3 4 E4 qu ,o m 4EH6t l E '? o' ?° s3s a ? m g> ¢ 3 ?? Ca 2& g 3¢ £P, 33 a m ?3 sag Ila WHO a? 5 d' ¢ i a& _s n,x §$ 3 ilia i 4 134,1!Jill Rill, I [,III 112. is ? a184 gra $A IN ??ss. ab R is€d? ?? Yap m n D p D G1 <5 prem a_ x mDD mQ 3=A ?o Imo P. °m ? F pn W5y ?x Q O m a all y p z yA 00 g n 4Q ?Q ?8 4 ?¢s{ RI T Q 4 3 `?? m ga 3 ? x 4 I t 113 a ? S3 S e I ? $ S5? a 8 3'? S5? F gal a .. 9 111 a&y P A' ? R V',?%y? 3 611h PPP ?? to a MIS ? iH ga 3i ? g " `gig fig ?g i: $ ?f "Ian fill »4 1r, 1RB ?R € Ell 12 Lfe a g Walls;. 1 ?g??s g?? ??s d S a sf_ Ba a ilia Al at 5 11911 1 H1iH V. Q it ! I9 z 0 O I ?e 05/24/2006 13:49 14403541336 PAGE 02 11/89/2005 23:21 8583344493 THE SAGRES COMPANY PAGE 02 EXHIBIT A . Bank of America, N.A. (USA) C Seller"), for value raosived and pursuant to the [Leine and oaMitlons of a Aaccoyqqtt Sale Agr0eaid?t ('Agnmrdant' between Sella[ Wd The Sages company murn, datad?TJ 7K Wi?/n ?5 . does herby sa assign and convey to Ruyan, is oueceaso s and assigns, $ll right. title sad ufti t of SeMr in and to those cauln Accounts as daSued in the Agreement and as ad forth on Eablbit B, within recourse and without rapresarltation of or warranty of collectibility, or oth vhw, axe%* to the extant provided for within the Agreement. P7C6C[JTED this day of V?i, .iavc, Bank of America, N.A. (USA) By:__! PritAed Name and Title p? ACKNOWLEDGMENT STATE OF J 1L1? & I vu,. COUNTY OF CAM j d SS before me on . a ,sx ?by -- - as of Bank of Stgtuimm of Notarial officer Ny?1 ? Title sad Rook ZC? MyCommiWonExpiros jLLu 7, EXHIBIT B B DP The Sagres Company, ("Seller"), for value received and pursuant to the terms and conditions of 4 Account Sale Agreement ("Agreement") between Seller and Hudson 6t Key, LLC ("Boyer"), dated October 3, 2105; does hereby sell, assign and convey to Bayer, its successors and assigns, all right, title and interest of Seller in and to those certain Accounts as defined its the Agreement and as set forth on Exhibit A, without recourse and without representation of or warranty of collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this I? day of (C{ -t-b 8k k , The gre Colnpa By. r Printed Ha and Title U P C ? d?t5• p>utJe? 0 t3 ACKNOWLEDGMENT STATE DP t f} j; :7o 2 NJ I a Ss COUNTY m SAN b(C& acknowledged before me on D C 1708c . 1' tZOO 5", by tat ,aT7-t as /?10 r±z Title and Bank. My Commission Expires AN t4 Agz, `7 048MYC CARF CCF MUSIOn # 140301 8agm HOA Cvvtwt FINAL.jg 092W Nalafr Fub40-CdbM10 ''. 16 ,;2 r? r,, t? ? ?- ,._.o rn T ^? _ - _ n - ?'? = ? r -n r ? ? Ol i i -II _r. ;_...?.? c ? GJ ? ? ?? - t - : Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 j goldberg@ssbc-law. corn PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUDSON & KEYSE, LLC, Plaintiff' NO. 06-4529 CIVIL TERM V. CIVIL ACTION - LAW JOHN DYSON, Defendant JURY TRIAL DEMANDED ?I NOTICE TO PLEAD TO: Hudson & KeYse LL c/o Michael J. Kenne dy, Esquire/Amato and Associates, P.C. You are ill hereby notified to file a written response to the enclosed Preliminary Objection within twenty (20)Idays from service hereof or a judgment may be entered against you. Date: =-' h old r ,Esquire ey ID No 782 080 Lingles n Road, Suite 106 Harrisburg, A 17110 (717)703- 600 Attorney for Defendant Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUDSON & KEYSE, LLC, Plaintiff NO. 06-4529 CIVIL TERM V. CIVIL ACTION - LAW JOHN DYSON, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT III AND NOW COMES the Defendant, John Dyson, by and through his attorney, Joseph K. Goldberg, Esquire, who files these Preliminary Objections to the Plaintiff's Amended Complaint, as folly ws: 1. In this matter, he Plaintiff is attempting to collect a debt it alleges the Defendant originally owed t a credit card issuing bank, which debt was subsequently purchased by the Plaintiff. 2. This matter is an appeal by Plaintiff of an judgment in favor of the Defendant issued by Magisterial District Judge Paula P. Correal on July 24, 2006. 3. The Defendant was served with the original Complaint in this case on August 10, 2006. 4. After the Defendant filed Preliminary Objections on August 22, 2006, the Plaintiff filed its Amended Complaint on or about August 31, 2006. First Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) - Failure to conform to rule of court (failure to attach contract upon which claim is based) 5. The first claim of the Plaintiff in its Amended Complaint is for breach of a written contract between thle Plaintiff's alleged predecessor and the Defendant. 6. The Plaintiff has failed to attach a copy of the contract between the Defendant and any party in' interest, including the assignor(s) of the Plaintiff. 7. The document attached to the Plaintiff's Amended Complaint as Exhibit A, is an incomplete electronic reproduction of a what appears to be a monthly statement issued by Bank of America,) which is undated, although it states that a payment due date is April 8, 2003. Exhibit A states at the bottom of both pages that it does not contain language which was included in the original of that document. The attachment I is not a contract and does not indicate that the Defendant entered into an agreement with any party. It does not provide the contractual basis for the amounts claimed by the Plaintiff in its Amended Corrhplaint, including interest it asserts is owed by the Defendant. 8. The Plaintiff failed to attach a copy of the written agreement between the parties. It attached as Exhibit B a generic form titled "Cardmember Agreement;" however, it is not signed by the Defendant. The Plaintiff failed to attach the writing it alleges was signed by the Defendant that purportedly forms the basis for the claim by the Plaintiff. 9. Pursuant to Pa. R.C.P. No. 1019(i), the Plaintiff is required to attach to the Amended Complaint copies f all writings upon which its claims are based. 10. By failing to aft ch a copy of the signed contract upon which the Amended 2 Complaint is based, the Amended Complaint does not comply with an express rule of court, in violation of Pa. R.O.P. No. 1028(a)(2). Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) - Failure to conform to rule of court (failure to attach written assignments of debts) 11. The Plaintiff asserts that it is the assignee of a predecessor to whom the Defendant allegedly owed the debt. Since the Plaintiff's right to a judgment is predicated upon a written assignment, that writing must be attached to the Amended Complaint, pursuant to Pa. 'R.C.P. No. 1019(1). 12. Attached at Exhibits C and D are documents purported to be written evidence of the sale of "certain Accounts" from predecessors to the Plaintiff. I 13. Exhibits C is q Bill of Sale which states that it relates to accounts "as defined in the Agreement and as set forth in Exhibit B...." However, no such Agreement is attached, and there is no 'document that identifies the Defendant's account as one that was part of the transaction evidenced by Exhibit C. 14. Exhibits D states that it is a Bill of Sale which relates to accounts "as defined in the Agreement and as set forth in Exhibit A...." However, no such Agreement is attached, and there is no document that identifies the Defendant's account as one that was part of the transaction evidenced by Exhibit D. 15. By failing to attach a copy of the assignments of the Defendant's account to the Plaintiff, the Amended Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. Nod 1028(a)(2). 3 Third Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) - Failure to conform to rule of court ((failure to provide sufficient details of amounts allegedly owed to Plaintiff) 16. The Amended Complaint contains only a bald assertion of the amount the Plaintiff claims is owed by the Defendant. It provides no detail as to the date(s) on which the debts were incur?ed, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges. 17. In Count II', the Plaintiff seeks recovery on a theory of unjust enrichment, asserting the Defendant bepefitted from items purchased through this account. However, other than what appears to be a $24.90 charge for a magazine subscription on Exhibit A, the Plaintiff he is not listed any items, or values for the same, to substantiate its claim for un?ust enrichment. 18. The document attached as Exhibit A does not contain any of the requisite details of the account, as required by Pa. R.C.P. No. 1019(a). 19. By failing to provide the details of the items allegedly purchased and the values of the same, the Amended Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. No. 1028(a)(2). I 'There is no Count I Delineated in the Amended Complaint. 4 WHEREFORE, the [?efendant demands that his Preliminary Objections be sustained, and the Plaintiff's Amended Complaint be dismissed. r ly subm' d, o ey ID No. 4678 2080 Linglestown ac , Suite 106 Harrisburg, PA 1/?l 1?}' (717)703-360 Attorney for VeXi?lant 5 CERTIFICATE OF SERVICE I, the undersigned, h reby certify that on thec ` day of ?4, 2006, served a copy of the forego ng Defendant's Preliminary Objections to Amended Complaint, by first-class m il, postage prepaid, upon the following: Michael J. Kennedy, Esquire Amato and Associates, P.C 107 North Commerce Way Bethlehem, PA 18017 Attorney for Plaintiff ci COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 06-4529 Civil VS. JOHN DYSON CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Amended Complaint was served via first class mail, postage prepaid on September 7, 2006: Joseph K. Goldberg, Esq. 2080 Linglestown Road, Ste 106 Harrisburg, PA 17110 AMATO AND ASSOCIATE P.C. By: R nald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM t--, r? i '.`r - C_ _, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff vs. JOHN DYSON No. 06-4529 Civil CIVIL ACTION Defendant(s) PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT The above Plaintiff files the within answer to Defendant's preliminary objections and sets for the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted that Defendant filed preliminary objections to Plaintiff's complaint. Plaintiff filed an amended complaint on September 6, 2006 FIRST PRELIMINARY OBJECTION PA.R.C.P. NO. 1028(a)(2) Failure to Conform to Rule of Court 5. Admitted. 6. Denied. Plaintiff has complied with Pa.R.C.P.No. 1019(i). 7. The complaint is a written document which speaks for itself and any interpretation of said document by Defendant is denied. The documents provide sufficient information such that Defendant can plead to Plaintiffs complaint. 8. The complaint is a written document which speaks for itself and any interpretation of said document by Defendant is denied. The documents provide sufficient information such that Defendant can plead to Plaintiffs complaint. 9. Denied. Plaintiff need not attach the writing if it is not available to the Plaintiff. • 10. Denied. Plaintiff has complied with Pa.R.C.P.No. 1019(1). WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary objections be denied. SECOND PRELIMINARY OBJECTION PA.R.C.P. NO. 1028(a)(2) Failure to Conform to Rule of Court 11. Denied. Plaintiff has complied with Pa.R.C.P.No. 1019(1). The rule does not require Plaintiff to attach the writing if it is not available to the Plaintiff. 12. Admitted. 13. Denied. The agreements of sale were attached to Plaintiff's complaint. The full assignment is a confidential document the public release of which could potentially harm Plaintiff. Plaintiff would be willing to provide Defendant with the full documentation upon a stipulation that said documentation will not be disclosed to any other party or person and will be kept confidential and only used in the within litigation. 14. Denied. The agreements of sale were attached to Plaintiff's complaint. The full assignment is a confidential document the public release of which could potentially harm Plaintiff. Plaintiff would be willing to provide Defendant with the full documentation upon a stipulation that said documentation will not be disclosed to any other party or person and will be kept confidential and only used in the within litigation. 15. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary objections be denied. SECOND PRELIMINARY OBJECTION PA.R.C.P. NO. 1028(a)(2) Failure to Conform to Rule of Court 16. Denied. The documentation attached to the complaint clearly show the original credit grantor, it traces the title from the original credit grantor to Plaintiff, it shows the • principal and interest balances, it states when the account was opened and when the last payment was made. 17. Admitted. However, Plaintiff's right to pursue this cause of action is based on the original credit grantor's rights. The unjust enrichment is not the items which Defendant purchased but the credit provided to Defendant so that Defendant could purchase said items. 18. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 19. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary objecitons be denied. AMATO AND ASSOCIATES, P.C. By: Ronald A , Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 9n N COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff VS. JOHN DYSON Defendant(s) No. 06-4529 Civil CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Amended Complaint was served via first class mail, postage prepaid on September 18, 2006: Joseph K. Goldberg, Esq. 2080 Linglestown Road, Ste 106 Harrisburg, PA 17110 AMATO AND ASSOCIATES, By: onald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM CZ d p c'• -rs fTl rn-M co IV - . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Hudson & Keyse, LLC VS. (Plaintiff) John Dyson (Defendant) No. n h=° R? a , C iAxi 1 Term State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Amended Complaint 4. Identify counsel who will argue cases: (a) for plaintiff: Michael J Kennedy, 107 North rnmmP-rCP Way (Name and Address) Bethlehem PA 18017 (b) for defendant: Joseph K Goldberg 2080 LinglP--;tnwn Road (Name and Address) Harrisburg. PA 17110 I will notify all parties in writing within two days that this case has been listed for argument. Defendant Date: October 6. 2 0 0 6 Attorney for CD ?? • PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Hudson & Keyse, LLC (Plaintiff) VS. John Dyson (Defendant) No. n6-4529 , CiNXi I Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Obiections to Amended Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Michael J Kennedy, 107 North rammerr-A way (Name and Address) Bethlehem PA 18017 (b) for defendant: Joseph K Goldberg 2080 LinglPstnwn Road (Name and Address) Harrisburg. PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 re ose h K. Goldber Print your name Defendant Date: O t oher 6., 2006 Attorney for ? ? ..- Y. J ?3 '"L"I f .. ?? 'y? tJ F . _ q ? =-v-(•?. t ry? r i ? ??7 r" ? ? r t ?,Y1.1 .../f ' __ .• Vi`a' COURT OF COMMON PLEASI? OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 06-4529 Civil VS. JOHN DYSON CIVIL ACTION I Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies thatla true and correct copy of Plaintiff's Brief in Opposition to Defendant's Preliminary Objections to Plaintiff's Amended Complaint was served via first class mail, postage prepaid on November 22, 2006: Joseph . Goldberg, Esq. 2080 Li glestown Road, Ste 106 Harrisbu g, PA 171 10 AMATO AND ASSOCIA S, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Cl) co HUDSON & KEYSE, LLC, Plaintiff vs. JOHN DYSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4529 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE BAYLEY, P.J. AND HESS, J. ORDER AND NOW, this Z i -' day of January, 2007, following argument thereon and review of the briefs submitted by the parties, the preliminary objections of the defendant to the plaintiff's amended complaint are DENIED. BY THE COURT, A ?"ichael J. Kennedy, Esquire For the Plaintiff J°"seph K. Goldberg, Esquire For the Defendant :rim Luz 60 Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA 1D #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HUDSON & KEYSE, LLC, Plaintiff NO. 06-4529 CIVIL TERM V. : CIVIL ACTION - LAW JOHN DYSON, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW COMES the Defendant, by and through his attorney, Joseph K. Goldberg, who Answers the Amended Complaint in this case and files his New Matter, as follows: ANSWER 1. Admitted. 2. Admitted. 3. It is denied that Exhibit A is a correct copy of a Statement of Defendant's account, and strict proof thereof is demanded. It is denied that Exhibit B is a true and correct copy of the terms and conditions of an account which the Defendant had with the Plaintiff. Defendant does not know what is meant by the term "special instance," and, after reasonable investigation, is unable to admit or deny the averments which include that term. It is admitted that at one time, the Defendant, together with his wife, had a credit card account with Bank of America, N.A. It is admitted that Defendant . made use of the credit card account, although purchases made on the account were made mostly by the Defendant's wife. 4. After reasonable investigation, the Defendant is without the sufficient information or knowledge with which to admit or deny the averments of paragraph 4, including those as to the Plaintiff making a request to Bank of America, N.A., for documents, and the averments are therefore denied. It is admitted that no such written application was attached to the Amended Complaint. 5. After reasonable investigation, the Defendant is without sufficient information or knowledge with which to admit or deny the averments of paragraph 5, and the averments are therefore denied. 6. Denied. To the contrary, upon information and belief, the last payment on the Defendant's credit card account with Bank of America, N.A., was much earlier in time. 7. After reasonable investigation, the Defendant is without sufficient information or knowledge with which to admit or deny the averments of paragraph 7, and the averments are therefore denied. In addition, the averments of paragraph 7 are conclusions of law to which no response is required. By way of further denial, the alleged Bill of Sale attached to the Amended Complaint as Exhibit C, does not define the terms of a transaction between any parties, but only refers to an agreement, a copy of which and terms of which are not attached to the Amended Complaint. 8. The averments of paragraph 8 are conclusions of law to which no response is required. To the extent that a response is required, the averments are denied and strict proof thereof demanded. 2 9. After reasonable investigation, the Defendant is without sufficient information or knowledge with which to admit or deny the averments of paragraph 9, and the averments are therefore denied. In addition, the averments of paragraph 9 are conclusions of law to which no response is required. By way of further denial, the alleged Bill of Sale attached to the Amended Complaint as Exhibit D, does not define the terms of a transaction between any parties, but only refers to the actual agreement, a copy of which and terms of which are not attached to the Amended Complaint. 10. The averments of paragraph 10 are conclusions of law to which no response is required. To the extent that a response is required, the averments are denied and strict proof thereof demanded. 11. The averment that the Defendant is in default is a conclusion of law to which no response is required. To the extent that a response is required, the Defendant denies the averments and strict proof thereof is demanded. 12. It is denied that the total amount which became due as a result of purchases, including adjustments, is $2,960.47. It is denied that Exhibit A describes the Defendant's credit card, or purchases made with it. It is admitted that the Defendant made purchases using the credit card account. 13. The averments of paragraph 13 are conclusions of law to which no response is required. To the extent that a response is required, the averments are denied and strict proof thereof demanded. 14. The averments of paragraph 14 are conclusions of law to which no response is required. To the extent that a response is required, the averments are denied and strict proof thereof demanded. 3 15. The averments of paragraph 15 are conclusions of law to which no response is required. To the extent that a response is required, the averments are denied and strict proof thereof demanded. After reasonable investigation, the Defendant is without sufficient information or knowledge with which to admit or deny the averments of paragraph 15 as to the reasonableness or amount of attorney's fees incurred by the Plaintiff, and the averments are therefore denied. 16. To the extent that the averments of paragraph 16 imply that the Defendant agreed with the amount demanded by the Plaintiff, the averments are denied. To the contrary, the Defendant denies that he owes the amount claimed by the Plaintiff. WHEREFORE, the Defendant demands judgment in his favor and against the Plaintiff, with costs assessed against the Plaintiff. COUNT II 17. The averments of paragraph 17 are incorporation by reference of the previous 16 paragraphs, and no additional response is required. 18. Denied. To the contrary, the Plaintiff has never extended any credit of any nature to the Defendant. By way of further denial, the exhibits attached to the Amended Complaint do not describe credit extended to the Defendant. None are the agreement between the Defendant and the original extender of credit, and they contain inherently conflicting terms. 19. Denied. To the contrary, the Plaintiff has never provided or extended any type of credit of any nature to the Defendant, and therefore could never be "repaid" for any credit. 4 20. Denied. To the contrary, the Plaintiff has never provided or extended any type of credit of any nature to the Defendant, nor did the Defendant ever permit the Plaintiff to do so. For the same reasons, it is denied that the Plaintiff incurred damages as a result of it extending credit to the Defendant. 21. Denied. To the contrary, the Plaintiff was never entitled to payment of fair and reasonable compensation for credit extended to the Defendant. By way of further denial, upon information and belief, the only loss possibly incurred by the Plaintiff was the minuscule amount Plaintiff paid to a third-party to purchase an account in the name of the Defendant. 22. The averments of paragraph 22 are conclusions of law to which no response is required. To the extent that a response is required, the averments are denied and strict proof thereof demanded. To the contrary, as the Plaintiff never extended credit to the Defendant, nor were there any transactions between the parties, there could be no implied contract between the parties. By way of further denial, it is denied that the "quantum meruit value of the value of the extension of credit described in the exhibits attached to" the amended Complaint is $2,960.47, and strict proof thereof is demanded. WHEREFORE, the Defendant demands judgment in his favor and against the Plaintiff, with costs assessed against the Plaintiff. NEW MATTER 23. The Plaintiff's claims are barred by the statute of limitations. 24. The Plaintiffs claims are barred by the statute of frauds. 25. The Plaintiff is estopped from asserting claims in quasi-contract since it 5 had no dealings with the Defendant or any connection to transactions between the Defendant and the extender of credit. 26. The Plaintiffs claims are barred by laches. WHEREFORE, the Defendant demands judgment in his favor and against the Plaintiff, with costs assessed against the Plaintiff. Respectfully omitted Xj, Esquire 782 Date: 9 1?-0 2080 Linglest Road, Suite 106 Harrisburg, P( Y 17110 (717)703-36 0 Attorney for Defendant 6 VERIFICATION I, John Dyson, hereby state that the responses set forth in the attached document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: I 01 ? /. '2. JOHN DYSON 41 V CERTIFICATE OF SERVICE 1, the undersigned, hereby certify that on the _q_,_ day of 2007, 1 served a copy of the foregoing Answer with New Matter, by first-class ail, postage prepaid, upon the following: Michael J. Kennedy, Esquire Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Attorney for Plaintiff ? r 71 rte' Ij43 ? C? fl A G7 ? N +C Gl1 - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 06-4529 Civil vs. JOHN DYSON CIVIL ACTION Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER 23. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 24. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 25. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 26. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of . Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMATO AND ASSOCIATES, P.C. By: Ronald Amato Esq. , Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 06-4529 Civil vs. JOHN DYSON CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on February 28, 2007: Joseph K. Goldberg, Esq. 2080 Linglestown Road, Ste 106 Harrisburg, PA 17110 AMATO AND ASSOCIATES, P.C. By: Rona d Amat , Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION Nancy A. Quere, hereby states that she is the Legal Account Manager of Hudson and Keyse, L.L.C. Plaintiff in this action, and verifies that the statements made in the attached Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. ?? ? ? `..' '-r1 ? ?? ? ?" . ;7 ; s-s ? - t ? C:, ? ? ?? a ? s ? y "`1 --r . .,._ r ? _£ :.?. t,>?? ?-- ?? ...?? ?? HUDSON & KEYSE, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4529 CIVIL 20 VS. JOHN DYSON RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL J. KENNEDY, ESQ. counsel for the plaintiff/&$rj&* in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5,970.82 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOSEPH K. GOLDBERG,ESQ. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. , 200___, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY # ? C? C C= -? o t9 cr3 ? :? C Cp C:.; C HUDSON & K E Y S E , L L C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4529 CIVIL 20 VS. JOHN DYSON RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: MICHAEL J. KENNEDY p ESQ. counsel for the plaintiff/dff&dalfC in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5 , 9 7 0.8 2. The counterclaim ofthe defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOSEPH K. GOLDBERG, ESQ. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT petition, Esq., an and Esq., are appointed arbi tors the above caption EDGAR B. BAYLEY AND NOW, .1S , 200$, in consideration o the foregoing Esq, and ed action or acti ) as prayed for. By 61C o , • 1•I 1 ' CII) ?' JG Lj- ?- f40 y ;gym C.7 a HUDSON & KEYSE, LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN DYSON, DEFENDANT 06-4529 CIVIL TERM ORDER OF COURT AND NOW, this 1"_ day of November, 2008, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Keith O. Brenneman, Esquire, Chairman, shall be paid the sum of $50.00. By theJC6urt, Edgar B. Ifayley, #. Keith O. Brenneman, Esquire - 11T tES m,z, Lq C_ / j1?o8 Court Administrator - 0 :sal I tT Cir- l x v COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HUDSON & KEYSE, LLC Plaintiff No. 06-4529 Civil VS. JOHN DYSON CIVIL ACTION Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned case WITHOUT prejudice. AMATO AND ASSOCIATES, P.C. By: C??_ Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM C ir C `- v C