Lookingforhelp001

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About Lookingforhelp001

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  1. Thank you so much for your input...I truly appreacite it....do you think I am better off filing preliminary objections like this for example: DEFENDANT’S MEMORANDUM IN SUPPORT OF PRELIMINARY OBJECTIONS 1. FACTUAL BACKGROUND The above named Defendant has been sued by the above named Plaintiff in Regards to a credit card allegedly issued by MIDLAND FUNDING LLC ASSIGNEE OF CITI DIAMOND PREFERRE to the Defendant in this Matter. The Plaintiff has attached to its complaint "Statement of Account" that fails to contain any material facts and/or sufficient information so that the Defendant can determine the basis of the alleged balance owed and constitutes insufficient specificity in a pleading under Pa. R.C.P.I028(a)(3). The Plaintiff also failed to attach any documents with the Defendant’s signature showing an agreement between the Defendant and the Plaintiff in the instant matter. Furthermore, the Plaintiff failed to attach any decree of assignment in the instant matter. 2. LEGAL ARGUMENT HAS THE PLAINTIFF MET THE LEGAL SUFFICIENCY NECESSARY FOR THE COMPLAINT IN THE INSTANT MATTER? REPLY: In the Negative The instant action is clearly a credit card action brought by MIDLAND FUNDING LLC ASSIGNEE OF CITI DIAMOND PREFERRE. The Plaintiff has filed in this instant matter and attached one exhibit to the complaint. Exhibit “A” shows a "Statement of Account" with the name of MIDLAND FUNDING LLC ASSIGNEE OF CITI DIA. The "Statement of Account" fails to contain any material facts and/or sufficient information so that the Defendant can determine the basis of the alleged balance owed and constitutes insufficient specificity in a pleading under Pa. R.C.P.I028(a)(3). The Plaintiff also failed to attach any documents with the Defendant’s signature showing an agreement between the Defendant and the Plaintiff in the instant matter. Furthermore, the Plaintiff failed to attach any decree of assignment in the instant matter. The Pennsylvania Rules of Civil Procedure require that when a claim is being made as in this case for credit card balances and that the claim is based upon a writing, the pleader, the Plaintiff in this instant action, shall attach a copy of the writing or the material part thereof to the complaint. (See Rule 1019(i), Pa. Rules of Civil Procedure) In the instant matter the Plaintiff has not attached any contract, nor any writing, nor any material part of any writing to the complaint in this case. The preliminary objections assert that Pa. R.C.P. No. 1019 requires plaintiff to allege and/or attach documentation which contains the charges that are part of the claim, the dates of the charges, credits for payments, amounts of interest charges, and amounts of other charges. What the Plaintiff has attached is a "Statement of Account" that clearly is inappropriate and should be stricken, because it fails to contain any material facts and/or sufficient information so that the Defendant can determine the basis of the alleged balance owed and constitutes insufficient specificity in a pleading under Pa. R.C.P.I028(a)(3). When dealing in a contract matter the most fundamental requirement of that pleading would be a copy of the contract. As indicated above under Rule 1019, it is required to be attached or some material part thereof. Having not attached it therefore the pleading in this matter clearly does not meet the sufficiency as is necessary in this case. There are no other actions that have been taken by the Plaintiff which could have cured this matter. 3. CONCLUSION In a contract action the contract is required to be part of the complaint. In this action although a credit card collection action is based on a contract, the contract has not been attached. Both the law of the Commonwealth of Pennsylvania and the Pennsylvania Rules of Civil Procedure require the contract signed by all the parties be attached. Failure to have the contract attached is a fatal error and therefore the case must be dismissed.
  2. I reviewed PA civil rules and I assume they did follow the rules The notice attached to the complaint shows the arbitration date The compliant says the following: 1. Plaintiff is Citibank with place of business located at ...address... 2. Defendant is ME 3. Plaintiff is a national banking association, engaged in various types of banking... 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number ending in XXXX hereinafter referred to as the credit card account. 5. Plaintiff kept acurrate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $X,XXX.XX which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $X,XXX.XX, and the costs of this action. I did not have any communication with them, except sending Validation Request along with cease letter. Citibank is the original creditor. The attached 6 month old statement and sworn affidavit from citibank employee. What would be ground for me to file preliminary objections given the details of the complaint that I provided above? It seems that all civil lawsuits below 50K automatically go to arbitration in Philly.....Please help me put together preliminary objection grounds....I do not mind paying you for your time.....is there an email address that I can use to send you the copy of the complaint...I have less than 10 days to respond...very upset....please help!
  3. Good Day dear members, I have been served by process server for a citibank lawsuit that was files at Common Please Court of Philadelphia lawsuit demanding $11,500. Need help filing initial response. Have very limited time There is an arbitration date listed on the lawsuite which is 09/08/2011. Not sure if I need to file an answer with the court or compulsory arbitration panel? Also need some help properly formatting answers. There was a 6 month old statement with the complain and verification from a citibank employee. Complaint basically states that I opened teh account, made payments on it for many months and now in default. Please help me putting proper response and affirmative defence or initila objections...not sure how is it called in legal terms.....need to avoid default judgement by all means......thank you so much to all and GOD BLESS!
  4. Dear Sport59, could you help me please to file a response to PA credit card lawsuite? I really need help....any other members are welcome to contribute....thank you