Legal Opinion: Sufficiency of Credit Card Company's Complaint in Pennsylvania Court, Lecture notes of Finance

Download Legal Opinion: Sufficiency of Credit Card Company's Complaint in Pennsylvania Court and more Lecture notes Finance in PDF only on Docsity! ." I IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA , • FIA CARD SERVICES N.A., FKA MBNA America Bank, N.A., Plaintiff vs. JEFFREY M. KIRASIC, Defendant CIVIL DIVISION NO. AR06-009360 . OPINION AND ORDER OF COURT HONORABLE R. STANTON WETTICK, JR. Counsel for Plaintiff: Sarah E. Ehasz, Esquire 4660 Trindle Road Third Floor Camp Hill, PA 17011 Counsel for Defendant Thomas J. Dausch, Esquire 23 Brilliant Avenue Pittsburgh, PA 15215 NO. AR06-009360 OPINION AND ORDER OF COURT WETTICK, A.J. The preliminary objections of defendant questioning the sufficiency of plaintiff's second amended complaint to recover credit card balances are the subject of this Opinion and Order of Court. Cara Services' original complaint alleges that defendant was issued an open-end credit account that was created through a written contract accepted by defendant when he signed and utilized the credit card account' Card Services attached to the complaint a five-page writing which it identified as a true and correct copy of the credit card agreement governing this account. The complaint alleges that defendant received monthly statements which accurately stated all purchases and payments made during the month, interest charges imposed on the unpaid balance, and the amount due. As of November'9;- 2006, the remaining balaneeis $22,061.86. Defendant filed preliminary objections based on my· ruling in Worldwide Asset Purchasing, LLe v. Stem, 153 P.L.J. 111 (2004). In that case, the credit card companies filed complaints very similar to the original complaint filed in this case. I ruled that the complaints failed to comply with the requirements of Pa.R.C.P. No. 1019, that the plaintiff set forth the material facts upon which the cause of action is based, and lPlaintiff is FIA Card Services, N.A., fonnerly known as MBNA America Bank, N.A. 1 / l I NO. AR06-009360 finance charges, late fees, over limit fees, and the like that plaintiff may have been permitted to impose. However, the claim raised in the second amended complaint does not include any of these items. Consequently, the writings that plaintiff attached to the second amended complaint support the claim that plaintiff is raising. In summary, in consumer credit transactions, the Pennsylvania Rules of Civil Procedure require a credit cardholder seeking to recover money allegedly due to attach to the complaint the writings which support the claim which the credit cardholder is making. Invoices showing cash advances or purchases support a claim for payment of these items. 4 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY. PENNSYLVANIA . CIVIL DIVISION FIA CARD SERVICES N.A., FKA MBNA America Bank. N.A.• Plaintiff vs. JEFFREY M. KIRASIC. Defendant I I I I I I I NO. AROS-009360 I I I I ORDER OF COURT On this -2-day of November. 2007. it is hereby ORDERED that defendant's preliminary objections to plaintiffs second amended complaint are overruled. BY THE COURT: WETIICK. A.J.