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HomeMy WebLinkAbout02-4252Our File No_ 156544 'ATTORNEYS FOR PLAINTIFF ERIC M_ BERMAN, P.C_ BY: Eric M. Berman, Esquire, I_D. 63698 BY: Ron Z. Opher, Esquire, I.D_ 57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 ------------X DISCOVER BANK c/o ERIC M. BERMAN, P.C. 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 vs_ JOHN R SCHEIDEMANN ------------------------------------X COURT OF COMMON PLEAS COUNTY OF CUMBERLAND TRIAL DIVISION CIVIL ACTION Term No. OA - $? Cl0t, C" ?v -, 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 this complaint or for any other claim or relief required 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 OR FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demandado a usted en la torte- Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notifir_ar_ion. Hace falta asentar una comparencia escrita o en persona o con un abagado y entregar a la carte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. A demas la la torte puede decidir a favor del demandante y requiere que usted compla con todas 1as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted_ LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO TIENE ABOGA O SO NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE, COUNTY OF CUMBERLAND BAR ASSOCIATION Address: 2 LIBERTY AVE_, CARLISLE, PA 17013 Tel.: 800-990-9108 Our File No. 156544 ATTORNEYS FOR PLAINTIFF ERIC M. BERMAN, P.C. BY: Eric M. Berman, Esquire, I.D. 83698 BY: Ron Z_ Opher, Esquire, I_D_ 57505 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-05:30 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND DISCOVER BANK c/o ERIC M_ BERMAN, P.C_ 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 CIVIL ACTION Term No_ vs. JOHN R SCHEIDEMANN ----------------------X COMPLAINT 1_ Plaintiff, DISCOVER BANK , is a DELAWARE BANK licensed to do business in the Commonwealth of Pennsylvania with its place of business at P.O. BOX 8003, HILLIARD, OH 43026. 2. The Defendant(s), JOHN R SCHEIDEMANN , resides at 203 BRIDGE ST , NEW CUMBERLND, PA 17070-2127. 3_ There is due from the Defendant(s) the sum of $4,246.27 for credit extended by Plaintiff to Defendant(s), acct. no_ 6011001780137859, and which such credit was drawn and used by the Defendant(s). Defendant(s) is in default for failure to make payments for such use. 4. The Plaintiff has made demand upon the Defendant(s) for payment of monies in the sum of $4,246.27 advanced to Defendant(s) through Defendant(s) use of the above-referenced credit account, but Defendant(s) has failed and refused to pay the said sum or any part thereof- 5. All applicable credits, if any, have been duly applied to Defendant(s) credit account- WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $4,246.27 plus interest, attorneys fees and costs which are justly due and owing from the Defendant(s) to the Plaintiff- Dated: APRIL 19, 2002 SPACE-AQ BY: ! - ERIC M. ERMAN, P.C_ BY: ERIC M. BERMAN, ESQUIRE RON Z_ OPHER, Esquire Attorneys for Plaintiff VERIFICATION RON Z. OPHER, ESQUIRE, being duly sworn according to law, deposes and says that he is of Counsel to the Law Firm of Eric M_ Berman, P.C., and/or ERIC M. BERMAN, ESQUIRE, being duly sworn according to law, deposes and says that he is the Principal attorney of Eric M. Berman, P_C_, attorneys for the Plaintiff, and as said attorney, he is authorized to take this verification on its behalf, and that the facts in the Complaint as set forth therein are true and correct to the best of his knowledge, information and belief. I verify that the statements made in the within instrument are true and correct. I understand that false statements are subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsifications to authorities. l--? ERIC M. BERMAN, ESQUIRE RON Z. OPHER, ESQUIRE Dated: APRIL 19, 2002 SPACE-AQ ATTORNEY: BERMAN ACCOUNT NUMBER: 6011001780137859 BALANCE: $4246.27 CARDMEMBER (S): JOHN R SCHEIDEMANN STATE OF OHIO COUNTY OF FRANKLIN K. Ray, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: I am a Legal Placement Account Manager for DISCOVER FINANCIAL SERVICES INC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding Discover Card Account 6011001780137859 of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DISCOVER FINANCIAL SERVICES, INC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a true and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. k194 Affi t DORIS WALKER ALLEN Notary Public In and for the State of Ohio My Commission Expires Feb. 15, 2005 Sworn and Subscribed before me, This day of Wednesday, January 09, 2002. /Q O\O` V I "N 0 c,--> C) C iV , C - r O r? ;.) Jlil "J .a -? rv SHERIFF'S RETURN - REGULAR CASE NO: 2002-04252 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS SCHEIDEMANN JOHN R RONALD HOOVER Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHEIDEMANN JOHN R DEFENDANT , at 1231:00 HOURS at 203 BRIDGE STREET the on the 9th day of September, 2002 NEW CUMBERLAND, PA 17070 by handing to JOHN R SCHEIDEMANN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service 18.00 Affidavit 11.73 Surcharge .00 10.00 .00 39.73 Sworn and Subscribed to before me this 13 a day of _ o2 coo 2 A.D. CL Z e& ( 0° F? uthonotary So Answers: R. Thomas Kline 09/10/2002 ERIC BERMAN By: / Deputy Sheriff Discover Bank Plaintiff vs. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4252 CIVIL TERM PRELIMINARY OBJECTION TO COMPLAINT AND NOW COMES the Defendant and files the within PRELIMINARY OBJECTION TO COMPLAINT. 1. DEMURRER. The complaint, as written does not state a cause of action against the Defendant. 2. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PLEADING. The complaint attaches no exhibit, ledgers, or payment history. Nor does the complaint show that the Defendant has signed and made purchases to account for the balance, which is due. The exhibit contains no history of the account and does not show what purchases were made, when they were made, and if in fact Defendant John Scheidemann used this account and signed for this account. Accordingly, this complaint should be struck for insufficient specificity in a pleading as required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that the within Complaint be dismissed. Respectfull ubmitted, J emann 203 Bridge St., 1st Floor New Cumberland, PA 17070 717-774-7491 Discover Bank Plaintiff Vs. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4252 CIVIL TERM CERTIFICATE OF SERVICE I, JOHN R. SCHEIDEMANN, do hereby certify that I have mailed to the parties listed below, a copy of the foregoing: 1. PRELIMINARY OBJECTION TO CIVIL COMPLAINT 2. CERTIFICATE OF SERVICE By placing a copy of same in the United States Mail, first class, postage prepaid, on the 25TH day of September, 2002 to: OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURT HOUSE ONE COURT HOUSE SQUARE CARLISLE, PA 17013-3387 ERIC M. BERMAN, P.C. ATTN.: ATTORNEY ERIC M. BERMAN, ESQUIRE 985 OLD EAGLE SCHOOL RD. STE. 505 WAYNE, PA 19087 September 25, 2002 DATE ?HN R? SCHEIDEMANN 203 Bridge St., 1st Floor New Cumberland, PA 17070 717-774-7491 a rn =rte C ? N ?rn on .,? ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attomey#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. JOHN R SCHEIDEMANN : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 02-4252 : CIVIL ACTION : TRIAL DIVISION Defendant AMENDED COMPLAINT COUNT ONE 1. Plaintiff, Discover Bank, is a Delaware Business Trust, licensed to do business in the Commonwealth of Pennsylvania with its place of business at PO Box 8003, Hilliard, OH 43026. 2. The Defendant is John R Scheidemann who resides at 203 Bridge Street, New Cumberland, PA 17070. 3. Defendant borrowed from Plaintiff the sum of $4246.27 over the course of the parties' cardholder relationship on account number 6011 0017 8013 7859. 4. Defendant is in default for failure to make payments for such use. 5. A copy of the agreement on which Defendant has defaulted is unavailable at the time of filing this Amended Complaint and cannot be attached as an exhibit. 6. All applicable credits, if any, have been duly applied to Defendant's credit account. 7. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 8. Despite repeated demand by Plaintiff, Defendant has refused and continue in failure and refusal to pay further sums due Plaintiff. 9. Plaintiff s attorney has signed the attached Verification as the Plaintiff is located out- of-state and a Verification signed by the Plaintiff cannot be obtained within the time allowed for filing of this pleading. WHEREFORE, Plaintiff claims of Defendant the sum of $4246.27 plus interest and costs which are justly due and owing from Defendant to the Plaintiff. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 10. Paragraphs 1 through 9 above are incorporated herein by reference as though fully set forth. 11. Plaintiff was neither a volunteer nor an officious intermeddler. 12. Plaintiff provided said credit. 13. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 14. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff claims of each Defendant the sum of $4246.27 plus interest and costs which are justly due and owing from Defendant to the Plaintiff. DATED: October 9, 2002 BY: Ron Z. Opher, Esquire ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. JOHN R SCHEIDEMANN Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4252 CIVIL ACTION TRIAL DIVISION CERTIFICATE OF MAILING COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND I, Ron Z. Opher, Esquire, being duly sworn according to law, hereby certify that on October 14, 2002, a true and correct copy of Plaintiff s Amended Complaint was mailed via U.S. First Class Mail, postage prepaid to Defendant at: John R Scheidemann 203 Bridge Street New Cumberland, PA 17070 DATED: October 14, 2002 BY: Ron Z. Opher, Esquire VERIFICATION I, Ron Z Onher. Esquire , hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Amended Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: October 9. 2002 By: Ron Z. Opher, Esquire C) C-D rj -? v> cr. , r _ -cry - Discover Bank Plaintiff Vs. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4252 CIVIL TERM PRELIMINARY OBJECTION TO AMENDED COMPLAINT AND NOW COMES the Defendant and files the within Preliminary Objection. 1. DEMURRER - The Complaint, as written, does not state a cause of action against the Defendant. 2. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PLEADING. This Amended Complaint, as stated, does not allow the Defendant to determine what purchases he has alleged to have made and when these purchases were made. It does not contain a specific invoice leading up to the allegation of a debt due and owing. The Complaint should be dismissed, or in the alternative, the Plaintiff should be required to amend the Complaint to conform with the rule of law relating to specificity in a pleading. WHEREFORE, based on the within Preliminary Objection, it is respectfully requested, by the Defendant, that the within Complaint be dismissed. Respectfully submitted, aolyh R. Scher nn 203 Bridge St., 1 oor New Cumberland, PA 17070 717-737-2033 ::. F'l'y ,-'a T c? „.. .,; .: r. ... «?? _f . 1'• ) _._ .. {i'i tel. f? -..,i ?? ?.? may! rti y? Discover Bank Plaintiff VS. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4252 CIVIL TERM CERTIFICATE OF SERVICE I, John R. Scheidemann, being at least 18 years of age, swears and affirms that a true and correct copy of the Defendant's Preliminary Objections to Plaintiff's Amended Compliant was sent to: Eric M. Berman, P.C. Attn.:Ron Z. Opher, Esquire 985 Old Eagle School Rd. Ste. 505 Wayne, PA 19087 Attn.:Ron Z. Opher, Esquire On November 15, 2002, via First Class Mail. By: R. Scheidemann ?? .._. .- -r. .c: t;- ?. i t _ r[, _?? - . C_: -? ., ? '? C„,. ? ', -< ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. JOHN R SCHEIDEMANN Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4252 CIVIL ACTION TRIAL DIVISION SECOND AMENDED COMPLAINT COUNT ONE 1. Plaintiff, Discover Bank, is a Delaware Business Trust, licensed to do business in the Commonwealth of Pennsylvania with its place of business at PC) Box 8003, Hilliard, OH 43026. 2. The Defendant is John R Scheidemann who resides at 203 Bridge Street, New Cumberland, PA 17070. 3. Defendant borrowed from Plaintiff the sum of $4246.27 over the course of the parties' cardholder relationship on account number 6011 0017 8013 7859. 4. Defendant is in default for failure to make payments for such use. 5. A copy of the agreement on which Defendant has defaulted is attached as Exhibit «A„ 6. All applicable credits, if any, have been duly applied to Defendant's credit account. 7. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 8. Despite repeated demand by Plaintiff, Defendant has refused and continue in failure and refusal to pay further sums due Plaintiff. 9. Plaintiff's attorney has signed the attached Verification as the Plaintiff is located out- of-state and a Verification signed by the Plaintiff cannot be obtained within the time allowed for filing of this pleading. WHEREFORE, Plaintiff claims of Defendant the sum of $4246.27 plus interest and costs which are justly due and owing from Defendant to the Plaintiff. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 10. Paragraphs 1 through 9 above are incorporated herein by reference as though fully set forth. 11. Plaintiff was neither a volunteer nor an officious intermeddler. 12. Plaintiff provided said credit. 13. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 14. The amount claimed is the fair and reasonable marker: value for said credit. WHEREFORE, Plaintiff claims of each Defendant the sum of $4246.27 plus interest and costs which are justly due and owing from Defendant to the Plaintiff. DATED: November 22, 2002 BY: ` ? Ron Z. Opher, Esquire VERIFICATION 1, _ Ron Z Opher Esquire , hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. 1 verify that the statements made in the foregoing Second Amended Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Second Amended Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: November 22, 2002 BY: Ron Z. Opher, Esquire ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK : COURT OF COMMON PLEAS c/o Eric M. Berman, P.C. : CUMBERLAND COUNTY, PA 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff : NO. 02-4252 V. : CIVIL ACTION JOHN R SCHEIDEMANN : TRIAL, DIVISION Defendant CERTIFICATE OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Ron Z. Opher, Esquire, being duly sworn according to law, hereby certify that on November 22, 2002, a true and correct copy of Plaintiffs Amended Complaint was mailed via U.S. First Class Mail, postage prepaid to Defendant at: John R Scheidemann 203 Bridge Street New Cumberland, PA 17070 DATED: November 22, 2002 BY: Rion Z. Opher, Esquire ? ? o -p ? ° r* i TI r T? ? C1i 7 -r, STD ,ti? ? .,? -? ? ? ? ?? ? _ <37 Discover Bank Plaintiff vs. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4252 CIVIL TERM PRELIMINARY OBJECTION TO SECOND AMENDED COMPLAINT AND NOW COMES the Defendant and files the within Preliminary Objection. 1. DEMURRER - The Complaint, as written, does not state a cause of action against the Defendant. 2. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PLEADING. This Amended Complaint, as stated, does not allow the Defendant to determine what purchases he has alleged to have made and when these purchases were made. It does not contain a specific invoice leading up to the allegation of a debt due and owing. The Complaint should be dismissed, or in the alternative, the Plaintiff should be required to amend the Complaint to conform with the rule of law relating to specificity in a pleading. WHEREFORE, based on the within Preliminary Objection, it is respectfully requested, by the Defendant, that the within Complaint be dismissed. Respectfully submitted, J n i emann 203 ridge St., 1ST Floor N Cumberland, PA 17070 717-774--7491 Discover Bank Plaintiff vs. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4252. CIVIL TERM CERTIFICATE OF SERVICE I, John R. Scheidemann, being at least 18 years of age, swears and affirms that a true and correct copy of the Defendant's Preliminary objections to Plaintiff's Amended Compliant was sent to: Eric M. Berman, P.C. Attn.:Ron Z. Opher, Esquire 985 Old Eagle School Rd. Ste. 505 Wayne, PA 19087 :On December 2, 2002, via First Class Mail. n R. Schei c ° 'TJt?i? r:7 r^ c, c: rv F" 0 -n l i `: -7 C7 ?;j 177 X17 -G ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. JOHN R SCHEIDEMANN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 02-4252 CIVIL ACTION TRIAL DIVISION Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Denied as a conclusion of law to which no response is required, by way of further answer, denied. 2. Denied. Plaintiff's Second Amended Complaint is compliant with the Pennsylvania Rules of Civil Procedure. Further, Defendant's lack of satisfaction of the content of Plaintiff s Amended Complaint is not grounds for dismissal of such complaint. WHEREFORE, Plaintiff requests Defendant's Preliminary Objections be overruled and allow Defendant to file an Answer within 20 days of the date of this Order. DATED: December 30, 2002 BY: Ron Z. Opher, Esquire ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. JOHN R SCHEIDEMANN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 02-4252 CIVIL ACTION TRIAL DIVISION Defendant PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Statement of Facts Plaintiff, Discover Bank, extended credit to Defendant and which such credit was drawn and used by Defendant in the amount of $4246.27. Defendant is in default for failure to make payments for such use. Plaintiff filed a Complaint on or about September 5, 2002. Defendant filed Preliminary Objections to Plaintiff's Complaint on or about September 25, 2002. Plaintiff filed an Amended Complaint on or about October 15, 2002 in an attempt to address the outstanding Preliminary Objections and render them moot. However, Defendant filed Preliminary Objections to Plaintiff's Amended Complaint on or about November 15, 2002. Plaintiff filed a Second Amended Complaint on or about November 25, 2002, again in an . attempt to address the outstanding Preliminary Objections and render them moot. Defendant filed Preliminary Objections to Plaintiff's Second Amended Complaint on or about December 13, 2002. Plaintiff files this in opposition. II. Legal Argument Plaintiff has filed its Complaint in conformity with Pennsylvania Rules of Civil Procedure 1019(f) stating specifically facts and circumstances. Plaintiff's Complaint states the amount due from Defendant, $4246.27, the account number, 6011 0017 8013 7859, and the fact that credit was extended by Plaintiff to Defendant. Defendant argues that Plaintiff failed to specifically list each time defendant borrowed sums over the course of the parties' cardholder relationship. That information should be available from Defendant or acquired through discovery. The Pennsylvania Rules of Civil Procedure 1019(h) states that if the claim or defense is based on a writing, it must be attached to the pleading. Plaintiff did attach an Affidavit and Cardholder Agreement. Plaintiff's Second Amended Complaint more than sufficiently sets forth the name of the debtor, the account number and the amount of the debt. The Complaint is intended to give notice of Plaintiff's claim. Specific details of a claim and Defendant's defense, if any, are learned through discovery. To hold otherwise would essentially require Plaintiff in an open-ended credit agreement to plead each specific transaction rather than a total amount. Further, if this Honorable Court should require that degree of specificity in the complaint, it should direct Plaintiff to re-plead rather than dismiss the complaint. 111. Conclusion For the reasons set forth above, Plaintiff respectfully requests this court to DENY Defendant's Preliminary Objections. DATED: December 30. 2002 BY: -- Ron Z. Opher, Esq. Attorney for Plaintiff ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. JOHN R SCHEIDEMANN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4252 CIVIL ACTION TRIAL DIVISION Defendant CERTIFICATE OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS I, Ron Z. Opher, Esquire, being duly sworn according to law, hereby certify that on December 30, 2002, a true and correct copy of Plaintiff's Response to Defendant's Preliminary Objections was mailed via U.S. First Class Mail, postage prepaid to Defendant at : John R. Scheidemann 203 Bridge Street, 1 t Floor New Cumberland, PA 17070 DATED: December 30, 2002 BY: Ron Z. Opher, Esquire ERIC M. BERMAN, P.C. BY: Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 985 Old Eagle School Road, Suite 505 Wayne, PA 19087 (610) 902-0530 DISCOVER BANK c/o Eric M. Berman, P.C. 985 Old Eagle School Road, Suite. 505 Wayne, PA 19087 Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4252 JOHN R SCHEIDEMANN CIVIL ACTION TRIAL DIVISION Defendant ORDER This matter having been brought before the Court on Defendant's Preliminary Objections, and the Plaintiff having filed a Response, and the Court having considered the matter and good cause appearing, It is on this day of ,20 _ , ORDERED Defendant's Preliminary Objections are overruled. J. 4 -TI I X f UJ,. N _ 7 "L7 77 0. Ca ? Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary ce of t'he protbooota r c?ff.t culubertaub county john E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES VEMBER 2007 AFTER MAILING ABOVE OF NOW THIS 5TH DAY OF NO CE WITH PA AND P TERMINATED AND RECEIVING IRESIN ACCORDANCE INTENTION TO WITH PRE CASE IS HEREBY R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY ennsylvania 17013 (717) 240-6195 • Fax (717) 240-6573 nne Courthouse Square ' Cazltsle, P