HomeMy WebLinkAbout2005-1327
UNIFUND CCR PARTNERS : IN THE COURT OF COMMON PLEAS OF
ASSIGNEE OF CITIBANK : CUMBERLAND COUNTY, PENNSYLVANIA
UNIVERSAL CARD SVS, :
Plaintiff : CIVIL ACTION – LAW
:
vs. : NO. 05-1327 CIVIL
:
PATRICIA A. DUBS, :
Defendant :
IN RE: DEFENDANT’S PRELIMINARY OBJECTIONS
BEFORE HESS, OLER AND GUIDO, J.J.
OPINION AND ORDER
This is a case involving a complaint for amounts due representing the balance on a credit
card. The defendant has filed preliminary objections in the nature of a demurrer and also in the
nature of a motion for a more specific pleading. The issues are very similar to those raised in
Hudson & Keyse v. Patlatyuk, 08-5886 Civil Term, Cumberland County. The undersigned
recently filed an opinion in that case which we attach hereto and incorporate by reference.
Consistent with our holding in Hudson & Keyse, LLC, we will overrule the preliminary objection
in the nature of a demurrer. We will, however, sustain the preliminary objection in the nature of
a motion for a more specific pleading and specifically direct compliance with Atlantic Credit and
Finance, Inc. v. Giuliana, 829 A.2d 340, 344-45 (Pa.Super. 2003).
ORDER
th
AND NOW, this 8 day of September, 2009, the preliminary objection of the defendant
in the nature of a demurrer is OVERRULED. The preliminary objection in the nature of a
motion for a more specific pleading is GRANTED and the plaintiff is directed to comply with
NO. 05-1327 CIVIL
the requirements of specificity as set forth in Atlantic Credit and Finance, Inc. v. Giuliana, 829
A.2d 340, 344-45 (Pa.Super. 2003).
BY THE COURT,
_______________________________
Kevin A. Hess, J.
Joel M. Flink, Esquire
For the Plaintiff
Arthur K. Dills, Esquire
For the Defendant
:rlm
2
UNIFUND CCR PARTNERS : IN THE COURT OF COMMON PLEAS OF
ASSIGNEE OF CITIBANK : CUMBERLAND COUNTY, PENNSYLVANIA
UNIVERSAL CARD SVS, :
Plaintiff : CIVIL ACTION – LAW
:
vs. : NO. 05-1327 CIVIL
:
PATRICIA A. DUBS, :
Defendant :
IN RE: DEFENDANT’S PRELIMINARY OBJECTIONS
BEFORE HESS, OLER AND GUIDO, J.J.
ORDER
th
AND NOW, this 8 day of September, 2009, the preliminary objection of the defendant
in the nature of a demurrer is OVERRULED. The preliminary objection in the nature of a
motion for a more specific pleading is GRANTED and the plaintiff is directed to comply with
the requirements of specificity as set forth in Atlantic Credit and Finance, Inc. v. Giuliana, 829
A.2d 340, 344-45 (Pa.Super. 2003).
BY THE COURT,
_______________________________
Kevin A. Hess, J.
Joel M. Flink, Esquire
For the Plaintiff
Arthur K. Dills, Esquire
For the Defendant
:rlm