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HomeMy WebLinkAbout02-3723 CivilREFINANCE AMERICA, LTD (Assignee of First USA Bank, N.A.) PAMELA S. APPLEBY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3723 CIVIL TERM CIVIL ACTION - LAW IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY, GUIDO, JJ. OPINION AND ORDER OF COURT Before us is the plaintiff' s motion for judgment on the pleadings. We also note that the pro se defendant has filed an amended answer without obtaining either leave of court or the consent of the plaintiff. In addition, she has filed a motion for summary judgment. While those last two issues are not currently before us, we will address both in the interests of fairness and judicial economy. DISCUSSION This case arises out of a credit card debt allegedly incurred by the defendant. The action was commenced by the plaintiff who purchased the debt from the credit card issuer. The defendant has filed an answer in which she inartfully denies many of the allegations. ~ In her amended answer, defendant continues to in artfully deny the same ~ Plaintiff points to Pa.R.C.P. 1029(b) which provides that "a general denial or a demand for proof.., shall have the effect of an admission." NO. 2002-3723 CIVIL allegations. However, she adds sufficient specificity to avoid judgment on the pleadings.2 The law applicable to this case is clear. In the first instance, a party may amend a pleading at any time with leave of court. See Pa. R.C.P. 1033. Permission to allow an amended pleading is within the sound discretion of the court. Carringer v. Taylor, 402 Pa. Super. 197 586 A.2d 928 (Pa. Super. 1990). Such permission "may be granted while a motion for judgment on the pleadings is pending" or even after judgment has been entered. Id. at 933. In the interest of fairness, we will exercise that discretion and allow the filing of the amended answer. In the interest of judicial economy, we will use it in determining whether to grant the instant judgment on the pleadings. "A motion for judgment on the pleadings should be granted only where the pleadings demonstrate that no genuine issue of fact exists, and the moving party is entitled to judgment as a matter of law." Insurance Company of Evanston v. Bowers, 758 A.2d 213,215 (Pa. Super. 2000) quoting from Consulting Engineers, Inc. v. Insurance Co. of North America, 710 A.2d 82, 83-84 (Pa. Super. 1998). We "must accept as true all well-pleaded facts of the party against whom the motion is made, while considering against him only those facts which he specifically admits". Id. Finally, the motion should not be granted unless "the moving party's case is clear and free from doubt such that a trial would prove fruitless". Id. Applying the above standard to the case at bar, we are not convinced that plaintiff' s "case is clear and free from doubt". On the contrary, there clearly appears to : She also raises the issue of the defendant's standing to sue. However, we need not address the validity of that issue as part of our decision today. NO. 2002-3723 CIVIL be a genuine issue of fact. Paragraph 3 of the complaint alleges that: At the request of Defendant, First USA Bank, N.A. issued Defendant a credit card on or about July 1, 1994 wherein Defendant made various charges through May 19, 1999, wherein at that time, there remained a principal balance due and owing on said account in the sum of $10,274.96. A true and correct copy of statement of said account is attached hereto made part hereof and marked as Exhibit "A". While the complaint is brought against only the defendant, Pamela S. Appleby, the statement of account attached as exhibit A is addressed to "Lloyd H. Appleby", as well as to the defendant. Defendant's amended answer responds to the allegations contained in paragraph 3 of the complaint as follows: Answering paragraph 3, defendant admits that First USA Bank, N.A. issued a credit card on or about July 1, 1994. Defendant denies account was that indicated by plaintiff exhibit and attaches defendant exhibit "A", letter from First USA Bank, N.A. indicating same. Defendant denies all remaining allegations in this paragraph.3 The letter from the credit card issuer attached as exhibit A to the amended answer is addressed to the plaintiff and provides, in relevant part, as follows: After researching your dispute, including a review of our records related to the account, we were unable to clearly determine your responsibility for the account. Therefore, we informed the credit reporting agencies that the account should be reported as disputed on your credit file pending a further investigation. If you wish to continue to dispute the reporting of this account, we will be pleased to assist you. To do this, we ask that you send a signed copy of the enclosed affidavit to the following address: Customer Security Operations Post Office Box 2003 Elgin, I1 60121-2003 3 The amended answer is substantially the same as the original answer except for the addition of Exhibit A. NO. 2002-3723 CIVIL Once the information has been received, someone from our Fraud Department will contact you to further investigate your claim. (emphasis added). A reasonable inference to be drawn from defendant's exhibit A is that she neither received nor used the credit card in question. This certainly raises an issue of material fact that needs to be resolved at trial. That issue alone precludes the granting of plaintiff' s motion for judgment on the pleadings as well as the defendant's motion for summary judgment. Therefore, they will both be denied. ORDER OF COURT AND NOW, this 27TM day of JANUARY, 2003, for the reasons stated in the foregoing opinion it is ordered and directed as follows: (1 .) Defendant is granted leave to file her "Amended Answer to Complaint" retroactive to the date of filing on January 3, 2003. (2.) Plaintiff' s Motion for Judgment on the Pleadings is DENIED. (3.) Defendant's Motion for Summary Judgment is DENIED. By the Court, Robert M. Reibstein, Esquire 705 Montgomery Avenue P.O. Box 527 Narberth, Pa. 19072 Pamela S. Appleby 5 East Glenwood Drive Camp Hill, Pa. 17011 Nathan C. Wolf, Esquire /s/Edward E. Guido Edward E. Guido, J.