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efile_07-26-2022_DY4_ 21-56343-0 _5liencopy _MTK
21-56343-0/DY4/MTK
PORTNOFF LAW ASSOCIATES, LTD. ATTORNEY FOR PLAINTIFF
BY: DAVID D. DUGAN, ESQUIRE ATTORNEY ID 312395
P.O. BOX 391
NORRISTOWN, PA 19404
(866) 211-9466
Stormwater Authority of the City of Chester : IN THE COURT OF COMMON PLEAS
31 East 5th Street
Chester, PA 19013 : DELAWARE COUNTY, PA
Plaintiff
vs. : NO.
Shawn Harris
Ella Harris : IN REM
Defendants
MUNICIPAL CLAIM
Stormwater Authority of the City of Chester hereby files a lien for non-payment of
stormwater fees for the period November 2017 through May 2021, duly assessed against the
following owners and described property in accordance with a Resolution of Stormwater
Authority of the City of Chester, pursuant to the fee schedule which is attached hereto.
I certify that this filing complies with the provisions of the Case Records Public Access
Policy of the Unified Judicial System of Pennsylvania that require filing confidential information
and documents differently than non-confidential information and documents.
OWNER NAMES AND
LAST KNOWN MAILING ADDRESS PROPERTY AMOUNT
Shawn Harris 2725 Lehman Street $936.04
2725 Lehman Street Chester, Pennsylvania
Chester, PA 19013 Tax Parcel No. 49-11-02692-00
Ella Harris
203 W. 9th Street
Chester, PA 19013
Respectfully submitted,
PORTNOFF LAW ASSOCIATES, LTD.
Date: July 26, 2022 BY: /s/ David D. Dugan
DAVID D. DUGAN, ESQUIRE
Attorney for Plaintiff
Fee Schedule
ACTION COLLECTION FEES
$40.00 per notice, plus applicable
Prepare and Provide Notice Pursuant to 53 PS § 7106
postage
Handling fee for returned check Bank Charge, if any
Bookkeeping fee for payment plan of 3 months or less $25.00
Bookkeeping fee for payment plan of more than 3 months $50.00
Guaranteed Payoff Fee $25.00
ACTION ATTORNEY FEES
Initial review and sending first demand letter $175.00
File lien and prepare satisfaction $250.00
Prepare Writ of Scire Facias $250.00
Obtain re-issued Writ $175.00
Prepare and mail letter under Pa. R.C.P. §237.1 $50.00
Prepare Motion for Alternate Service $250.00
Prepare Praecipe to Amend $50.00
Prepare and present Motion to Amend $200.00
Obtain vehicle identification number (VIN) for mobile home $100.00
Prepare Motion to Consolidate Claims $250.00
Prepare Motion to Add United States as Defendant $175.00
Prepare Pre-Trial Memorandum $200.00
Prepare Motion for Judgment for Want of Sufficient Affidavit of
$175.00
Defense pursuant to 53 P.S. §7271
Prepare Default Judgment $175.00
Prepare Writ of Execution $800.00
Attendance at sale; review schedule of distribution and resolve
$400.00
distribution issues
Continue sheriff sale $50.00
Prepare Petition for Free and Clear Sale $400.00
At an hourly rate between
Services not covered above
$75.00-$275.00 per hour
There may also be added to a delinquent account the costs, expenses and fees incurred in collection such as, but
not limited to, postage, title searches, court fees and sheriff fees. Additionally, should a lien be filed, interest in
accordance with 53 P.S. § 7143 of the Municipal Claims and Tax Liens Act will begin to accrue on the date of
the filing of the lien and will continue to accrue on a daily basis, increasing the amount of the balance due.
The collection fees and the attorney fees listed above will be assessed only if the corresponding action is
performed. If legal proceedings had begun prior to the mailing of this letter, one or more of the actions listed
above may have been performed and the corresponding fee(s) may have been assessed prior to the date of this
letter.
Stormwater Authority of The City of Chester
21-56343-0/DY4/MTK
PORTNOFF LAW ASSOCIATES, LTD. ATTORNEY FOR PLAINTIFF
BY: DAVID D. DUGAN, ESQUIRE ATTORNEY ID 312395
P.O. BOX 391
NORRISTOWN, PA 19404
(866) 211-9466
Stormwater Authority of the City of Chester : IN THE COURT OF COMMON PLEAS
Plaintiff
vs. : DELAWARE COUNTY, PA
Shawn Harris
Ella Harris : NO.
Defendants
: IN REM
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Municipal Claim and
fee schedule in this matter was served upon:
Shawn Harris Ella Harris
2725 Lehman Street 203 W. 9th Street
Chester, PA 19013 Chester, PA 19013
by first class United States mail, postage pre-paid on July 27, 2022
/s/ Marissa T. Kramer
MARISSA T. KRAMER
Legal Assistant
Dated: July 27, 2022
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***
This hearing was continued from June 21, 2024, to allow Plaintiff to file an opposition. As of July
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I. FACTUAL/PROCEDURAL CONTEXT
This is a collections case. Plaintiff American Express National Bank (“Plaintiff” or “Amex”)
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Plaintiff now moves for summary judgment. Plaintiff argues that an account was stated
based on the monthly billing statements showing all charges and payments. Plaintiff argues that
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II. EVIDENCE SUPPORTING MOTION
The Court has reviewed the Declaration of Melanie Dixon, Assistant Custodian of Records
for Plaintiff (Part 1 and 2), authenticates Cardmember Agreements and billing statements.
III. LEGAL ANALYSIS
Any party may move for summary judgment in any action or proceeding if it is contended
that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ
Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable
issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.”
(Kahn v. Eas bt Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002-1003.) “The moving
party bears the burden of production to make a prima facie showing of the nonexistence of any
triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once
this burden has been met, the burden shifts to the opposing party to make a prima facie showing
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Common Counts:
The essential elements of a common count are: (1) a statement of indebtedness in a
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principal record of one or more transactions between a debtor and a creditor arising out of a
contract or some fiduciary relation, and shows the debits and credits in connection therewith, and
against whom and in favor of whom entries are made, is entered in the regular course of business
as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and
manner….” (Code Civ. Proc., § 337a.) A book account can be established by a course of dealing
between the parties. (Warda v. Schmidt (1956) 146 Cal.App.2d 234, 237.) “A book account may
furnish the basis for an action on a common count . . . when it contains a statement of the debits
and credits of the transactions involved completely enough to supply evidence from which it can
be reasonably determined what amount is due to the claimant.” (Interstate Group Administrators,
Inc. v. Cravens, Dargan & Co. (1985) 174 Cal.App.3d 700, 708.)
“An account stated is an agreement, based on the prior transactions between the parties,
that the items of the account are true and that the balance struck is due and owing from one party
to another” Gleason v. Klamer (1980) 103 Cal.App.3d 782, 786.) The essential elements of an
account stated are: (1) previous transactions between the parties establishing the relationship of
debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due
from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount
due.” (Zinn v. Fred R. Bright Co. (1969) 271 Cal.App.2d 597, 600.) “The key element in every
context is agreement on the final balance due.” (Maggio, Inc. v. Neal (1987) 196 Cal.App.3d 745,
753.)
It is undisputed that in March 2020, Defendant opened a credit card account, which was
governed by a Cardmember Agreement, which was sent to Defendant. (UMF No. 1; Dixon Dec.
1, Ex. A.) Defendant used Account 1 to obtain credit and pay for goods and services. (UMF No.
5.) Under the terms of the Agreement, Defendant was required to make monthly payments. (UMF
No. 6.) Amex maintained billing records reflecting the charges and payments. (UMF No. 8; Dixon
Dec. 1., Ex. C.) Defendant made partial payments and did not dispute any of the charges. (UMF
No. 10.) According to the final billing statement, the last payment posted on Account 1 was April
10, 2023. (Dixon Dec. 1, ¶ 13; Ex. B.) The balance due on Account 1 is $2,201.79. (UMF No. 11.)
Account 2 was opened in September 2018, which was also governed by a Cardmember
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and pay for goods and services. (UMF No. 16.) Under the terms of the Agreement, Defendant
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billing statements. (UMF No. 19; Dixon Dec. 2; Ex. C.) The records reflect that the last payment
posted on April 8, 2023. (Dixon Dec. 2; ¶ 13; Ex. B.) The balance on Account 2 is $36,680.30.
(UMF No. 22.)
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Code § 452(d) and 453.
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pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does
not state facts sufficient to constitute a defense to the complaint. The grounds for the motion shall
appear on the face of the challenged pleading or from any other matter of which the court may take
judicial notice. CCP § 438(d). The Court may take judicial notice of responses to discovery
records pursuant to Evidence Code §§ 452(d) and 453. Arce v. Kaiser Foundation Health Plan,
Inc. (2010) 181 Cal.App.4th 471, 485.
The essential elements of an account stated are: (1) previous transactions between the parties
establishing the relationship of debtor and creditor; (2) an agreement between the parties, express
or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express
or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal. App. 5th 467, 491. “A ‘book
account’ is ‘a detailed statement which constitutes the principal record of one or more transactions
between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the
debits and credits in connection therewith ....’ ” [Citations.] The creditor must keep these records
in the regular course of its business and “in a reasonably permanent form,” such as a book or card
file. (Code Civ. Proc., § 337a.) “A book account is ‘open’ where a balance remains due on the
account.” [Citation.] Pro. Collection Consultants v. Lujan (2018) 23 Cal. App. 5th 685, 690–91.
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The admissions establish that: 1) Defendant had a credit account ending in 8363, 2) the credit
account was issued by Synchrony Bank, 3) Defendant received periodic statements regarding the
account, 4) as of December 18, 2023, the balance owed on the account was $2,523.69, 5)
Defendant has not made any payments on the account since December 18, 2023, 6) Defendant
submitted a payment toward the outstanding debt on the account within 4 years immediately prior
to December 18, 2023, 7) Plaintiff was assigned the debt, 8) Plaintiff is the current owner of the
debt, and 9) Defendant received through the US mail a pre-legal notification from Plaintiff
regarding the account.
Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion
for Judgment on the pleadings is GRANTED. The admissions establish that a principal sum of
$2,523.69 is due and owing. That sum is awarded. Plaintiffs have also submitted a memorandum
of costs for $369.50, comprising the filing and service of this motion. The amount appears
reasonable and is awarded. A proposed order and judgment have been lodged with the Court and
will be executed.