Discover Bank v. Stucka

33 A.3d 82, 2011 Pa. Super. 241, 2011 Pa. Super. LEXIS 6127
CourtSuperior Court of Pennsylvania
DecidedNovember 14, 2011
StatusPublished
Cited by41 cases

This text of 33 A.3d 82 (Discover Bank v. Stucka) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Discover Bank v. Stucka, 33 A.3d 82, 2011 Pa. Super. 241, 2011 Pa. Super. LEXIS 6127 (Pa. Ct. App. 2011).

Opinion

OPINION BY

MUSMANNO, J.:

Discover Bank (“the Bank”) appeals from the Order denying its Motion to amend the Complaint and dismissing the instant action. We reverse.

On October 23, 2009, the Bank commenced this action by filing a Complaint against David P. Stucka and Barbara Stuc-ka (“the Stuckas”). The Bank alleged that the Stuckas had applied for and received a credit card from the Bank; that the credit card had a balance due of $16,480.77; and that the Stuckas were in default “by failing to make monthly payments when due.” Complaint, filed 10/23/09. The Bank further alleged that the entire balance was [85]*85“immediately due and payable ..and claimed it was entitled to interest on the unpaid balance and attorneys’ fees. Id. The Bank attached to the Complaint an account summary of the Stuckas’ Discover credit card. See id.

The Stuckas filed Preliminary Objections to the Complaint, alleging that the Complaint and the attached account summary contained no information regarding their alleged use of the credit card and did not identify or attach any contract or agreement between the parties. According to the record before us, the trial court did not rule on these Preliminary Objections.

On January 19, 2010, the Bank filed an Amended Complaint, in which the Bank alleged that the Stuckas’ account was subject to the terms and provisions of a written customer agreement. Amended Complaint, 1/19/10. The Bank attached a copy of a Discover Cardmember Agreement to the Complaint, as well as copies of monthly statements related to the Stuckas’ account from December 25, 2002, through May 25, 2009. Id. The Bank alleged that the Stuc-kas were in default for failing to make monthly payments when due, and demanded payment of the balance due, interest and attorneys’ fees. Id.

The Stuckas filed Preliminary Objections to the Amended Complaint, alleging that the attached Discover Cardmember Agreement was a generic boilerplate agreement that was not the original agreement between the parties. The Stuckas further alleged that the Bank failed to attach a copy of the credit card application or any individual purchase receipts.

On July 19, 2010, after hearing argument, the trial court issued an Order requiring the Bank, by September 3, 2010, to produce an application and/or credit card member agreement exhibiting the Stuckas’ signatures. Order, 7/19/10. The trial court indicated that, if the Bank did not produce such a document, it “may suffer dismissal of all its causes of action, with prejudice” for failure to sufficiently plead under Pennsylvania Rule of Civil Procedure 1019.

The Bank filed a Motion for reconsideration of the July 19, 2010 Order. On July 30, 2010, the trial court issued an Order, finding that the Bank had failed to produce a copy of the parties’ underlying contract, and had submitted a boilerplate credit card agreement. Order, 7/30/10. The trial court ordered the Bank to produce the underlying contract by September 3, 2010, or the Stuckas’ Preliminary Objections “will self-execute and be GRANTED and [the Bank’s] Complaint -will be DISMISSED.... ”M

On August 30, 2010, the Bank filed (1) a Motion to amend the Complaint and (2) a Second Amended Complaint. The Bank alleged that it was filing the Second Amended Complaint “to cure the objections to the previous amended complaint and to set forth two additional causes of action against [the Stuckas].” Motion to Amend the Complaint, 8/30/10. In the Second Amended Complaint, the Bank asserted that the original Cardmember Agreement was not available because it had been mailed to the Stuckas, but alleged that it had attached a true and correct copy of that Agreement. Second Amended Complaint, 8/30/10. The Bank also attached copies of the Stuckas’ monthly statements for the account from December 25, 2002 to May 25, 2009.

In addition, the Bank added counts for breach of “contract implied in law” and unjust enrichment. Id. In its claim for contract implied in law, the Bank alleged that, on several specific dates, the Stuckas had paid off their account balance, but then had continued to charge on the ac[86]*86count. Id. The Bank asserted that the Stuckas’ course of conduct clearly established their acceptance of the terms and conditions of the credit card agreement, and that the Stuckas had breached the agreement by failing to make the required payments. Id. In the unjust enrichment count, the Bank alleged that the Stuckas had been unjustly enriched by their use, acceptance, and retention of goods purchased by using the account without making payments to the Bank. Id.

The Stuckas filed a Response and New Matter to the Bank’s Motion to amend the Complaint, in which the Stuckas alleged that the Bank had failed to produce an application and/or credit card agreement as required by the trial court’s Orders of July 19 and July 30, 2010.

On October 6, 2010, the trial court issued an Order denying the Bank’s Motion to amend the Complaint, on the basis that the Bank had not complied with the trial court’s prior Orders, and had failed to produce an application and/or credit card agreement “exhibiting [the Stuckas’] signature .... ” Order, 10/6/10. The trial court also dismissed the Bank’s Complaint, with prejudice, on the basis that the Bank had failed to “sufficiently plead under Pennsylvania Rule of Civil Procedure 1019.” Order, 10/6/10.

The Bank filed this timely appeal from the trial court’s October 6, 2010 Order, raising the following issues:

1. Whether [the Bank] satisfied the requirements of Pa.R.C.P. 1019(i) by attaching to its Amended Complaints unsigned customer agreements?
2. Whether an enforceable contract to repay amounts charged to a credit card account may be formed absent a written or signed agreement?
3. Whether [the Bank] should have been permitted leave to amend its Complaint to assert an alternative basis for recovery?
4.Whether the factual averments in [the Bank’s] Amended Complaints and the documents attached as exhibits thereto were sufficiently specific to permit [the Stuckas] to prepare an answer?

Brief for Appellant at 3.

As the Bank’s claims on appeal are inter-related, we will consider them together. The Bank contends that the trial court erred by imposing a requirement at the pleading stage that the Bank attach a signed writing to its Amended Complaints.

Our standard of review is as follows:

[O]ur standard of review of an order of the trial court overruling or granting preliminary objections is to determine whether the trial court committed an error of law. When considering the appropriateness of a ruling on preliminary objections, the appellate court must apply the same standard as the trial court.
Preliminary objections in the nature of a demurrer test the legal sufficiency of the complaint. When considering preliminary objections, all material facts set forth in the challenged pleadings are admitted as true, as well as all inferences reasonably deducible therefrom. Preliminary objections which seek the dismissal of a cause of action should be sustained only in cases in which it is clear and free from doubt that the pleader will be unable to prove facts legally sufficient to establish the right to relief.

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Cite This Page — Counsel Stack

Bluebook (online)
33 A.3d 82, 2011 Pa. Super. 241, 2011 Pa. Super. LEXIS 6127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/discover-bank-v-stucka-pasuperct-2011.