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efile_07-27-2022_DY4_ 21-57498-0 _5liencopy _MTK
21-57498-0/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.
Stephen Davis
Defendant : IN REM
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 owner 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 NAME AND
LAST KNOWN MAILING ADDRESS PROPERTY AMOUNT
Stephen Davis 2621 Smithers Street $666.81
P. O. Box 7 Chester, Pennsylvania
Chadds Ford, PA 19317 Tax Parcel No. 49-11-03040-00
Respectfully submitted,
PORTNOFF LAW ASSOCIATES, LTD.
Date: July 27, 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
21-57498-0/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
Stephen Davis
Defendant : NO.
: 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:
Stephen Davis
P. O. Box 7
Chadds Ford, PA 19317
by first class United States mail, postage pre-paid on July 28, 2022
/s/ Marissa T. Kramer
MARISSA T. KRAMER
Legal Assistant
Dated: July 28, 2022
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***
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This is a collections case. Plaintiff American Express National Bank (“Plaintiff” or “Amex”)
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The Court has reviewed the Declaration of Melanie Dixon, Assistant Custodian of Records
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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
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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.)
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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
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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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Defendant’s admissions establish the required elements of each cause of action. Plaintiff’s Motion
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of costs for $369.50, comprising the filing and service of this motion. The amount appears
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will be executed.
Preview
efile_07-27-2022_DY4_ 21-57498-0 _5liencopy _MTK 21-57498-0/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. Stephen Davis Defendant : IN REM 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 owner 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 NAME AND LAST KNOWN MAILING ADDRESS PROPERTY AMOUNT Stephen Davis 2621 Smithers Street $666.81 P. O. Box 7 Chester, Pennsylvania Chadds Ford, PA 19317 Tax Parcel No. 49-11-03040-00 Respectfully submitted, PORTNOFF LAW ASSOCIATES, LTD. Date: July 27, 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 21-57498-0/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 Stephen Davis Defendant : NO. : 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: Stephen Davis P. O. Box 7 Chadds Ford, PA 19317 by first class United States mail, postage pre-paid on July 28, 2022 /s/ Marissa T. Kramer MARISSA T. KRAMER Legal Assistant Dated: July 28, 2022