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Home My WebLink About07-1895IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 120 N. Keyser Ave. CIVIL ACTION Scranton PA 18504 Plaintiff vs. NO: C Debra D. Burkholder 508 Berkshire Ln. Mechanicsburg, PA 17050 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MID PENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE PA 17013 (717) 243-9400 . t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc : 120 N. Keyser Ave. CIVIL ACTION Scranton PA 18504 Plaintiff VS. NO: / 7u Debra D. Burkholder 508 Berkshire Ln. Mechanicsburg, PA 17050 Defendant Of U L7e M/L-.-1 COMPLAINT Plaintiff, Commonwealth Financial Systems, Inc, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, Commonwealth Financial Systems, Inc, (hereinafter "Plaintiff") is a Pennsylvania corporation with a principal place of business located at 120 N. Keyser Ave. Scranton PA 18504. 2. The Defendant Debra D. Burkholder (hereinafter "Defendant") is an adult individual residing at 508 Berkshire Ln. Mechanicsburg PA 17050. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FUSA with the account number 4417121027466450. 5. The within account was sold by FUSA to Unifund for valuable consideration and all rights under said accounts were assigned to Unifund. (See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.") 6. On or about June 12, 2004 Plaintiff was assigned all rights to certain credit card accounts from Unifund, including the account opened by Defendant with account number 4417121027466450. (See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit "B.") 7. Use of the FUSA credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Copy of Cardmember Agreement, attached hereto and marked Exhibit "C.") 8. Defendant used the FUSA credit card account number 4417121027466450, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent on October 14, 2004. 12. The principal amount was $11,852.18 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 14.99. 14. The total amount due and owing the Plaintiff including interest, is $18,465.52. 15. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees in the amount of 25% of the balance. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $18,465.52 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. Respectfully Edwin A? Abrahams &fAssociates, P.C. Michael F. R h rd, Esquire Scott J. Best, E wire Attorney I.D os.: 86285/93600 120 N. Ke r Avenue Scranton, 'PA 18504 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, Commonwealth Financial Systems, Inc, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable bylaw pursuant to 18 C.S.A. 4904. EXHIBIT A BILL OF SALE Bank One, Delaware NA ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Flow Purchase Agreement dated July 23, 2003 between Seller and Unifund CCR Partners,. ("Purchaser'), its successors -and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the Applicable Cut-Off Date of May 19, 2004 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit "I" attached hereto and made part hereof for al l purposes. Number of Accounts 17,822 Total Unpaid Balances $104,854,782.57 Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on May 26, 2004 (the "Applicable Closing Date") by 3:00 p.m. Seller's time, as follows: Bank One, Delaware NA c/o Federal Reserve Bain:-Philadelphia ABA: 031 100 393 Account: 407253-1061000000 Attention: Marcos Castillo This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. SELLER: BANK ONE, DELAWARE N.A. BUYER: UNIFUND CCR PARTNERS By: Title: Vice President Date: May 19, 2004 By: Tit . Date: Z C1 r ter ?'-i ? ? •., ?? +r ,?. ??, ? ?. "G 7Ci ?19? J? unifund Unifund CCR Partners BILL OF SALE Unifund CCR Partners,-for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of June 11, 2004 (the "Agreement"), does hereby sell, assign and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on _?L?- - UNNUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By David Ro enb g President For Unifund Use ONLY 14 Client # PID CID # .? ' ? ? ? + ? ? « fir/ S k1 C k f- -r-6 y r 3 i i ?. S r. F s +' lot ?. ! ?' ?? I , • ' Cardlrrnember Agreement This is dw Agraeatunt dirt ustabralcs dtc "m of vier Cardntetnbcr Acesxtnt (-Aeeotust') widt First USA BanL \A rtnciuding accounts opcrud %idi in dir(sVi odta tanks that participQ(C in our a Elsa Ptogtam and ttthase narne m:}• be on the face oreour Cardr Please rid it otdully yourseconds You do not need b sign this Agreen,crtt, cwt pksse be cue to sign the bade of Y- Cud it you have not gvcxk done so. All camsions of credit in connection with Your Account are being snack by First =- Bank \A in V+rdnviogtou, Drlavt m Am ust: of your Card oc Aanunt conftrrus Your acceptance of the tam and conditions ofthis Agttanait DeFw itiaas: to cure Arvervient, the words 'you" and ')we rtfa to act perm rpindy and xv rAy J more than acct) who has for the Anoourit and any odw o who has agreed to be rCSponsibk rc rtheAecount. The wa ds'4vie",'Sts" and "ote rdusb r emu UABank. Xk a national bataking assodatiorL "Card" refers to each Mv=Casd and/or Via (did dial is issued on your AGOMM The Cvad ntitst be fewmed or surrendered to us or Our agar upon stgt*=L Ci'P6 Your Account You may tae your Coed or Amount to purclux or kale goods or services or you owe wherever the Card is honored or tr n cr balances from other amounts 'j. You stay atso ux due Card eo obtain mfr loons (-Galt Adowcs-) fic m x1 financial institution dtat• accepts thc[xtd You agree to accept credits b your Account instead of cash rrrurds when the tihiginad Rine ins Charged iW your Aomuiht We any hum Tbnvaliienc?c Chocks- to eve rdnt may be used to access your credit &e: Use of a. Convaie ice Chock vA be treated as a 't'raduce' in the aatonmt of ywx dm& Eads Coavadmoc Chock Will contain ymw1loeoumt number and any be used only by die person(s) cohost name(s) is/am printed on it Fact saust be bomplesed and aired by you (or eicbw of you) in ie same mac •.tv • - tegularpasoud chock. Fvhe provide Ceaveoiemw uech for yarAooount you may not sac dm to pay MY amount you owe cider wire C ardaaember Agreenhant or wider any other credit a ee-aitoramoamtyouaaayhavewithtts.BankCleteorartyofotrrdaACdbarbs ObftbaGm Oa YorremmmeYou auhmize to to pay aad chair your Ataaauot for zI Purcins, and Cash Advances wade at obtained by you or anyone you wA%orme to use Yom Card or Account You PnxnFse to pay 0 for all of these Fracases and Oash Advanom pka any Riance Chargm assatcd on your Account and any other charges and fees whkh you atay owe us under the terms of this Agree:matt. Your be ob gmzd to pay withoriatd charges to your Account whetbec resultirig from (t) actual we cryotr Card or Cornniiiiam QMIT, M ail order or "*Mr- compute or otter dEeuonic Ptachiases grade without pr sariag the Card or (3) say other oucuutstaooe where you audiaiz e a cocLr4,- or authorize someone else b make a Burgs b your Account. Filch person "ho is kKkK od widttn' ax dcfWdm of the sass 'tiott . aboK, is tesponiibk b pay the W aatount rnrod on the Accouuu. We usay require that you, the ftal[ amount owed wid"st first asking die odta san(s) to pay. All payments must be shade m US ddlars dhodc unable i nsueantat meat be drawn on a Ua bank or a USSbranu$ of a foreigbn bark Subject to any trizoamwe hw; we wit[ spply_yvur paymenu to the 6olartces in your Aaotust i whatever determine. Caedt Lk,(A-&mb ed Lt-gc Your credit fine is shown on Elie raider cuing votr Cud gum we trhay'ct, nee your credit fate a- time to tinne; your Latest credit line ea apptsr on your inonlftlr state oast You mgsee trot to smke a Purclcm or obtain a Cats Advance that would curse the tagnid t- W AM-nt n ? your credit SoL We nary honor h?ises and Cash Maness in me cs of o the foots: ' d`?°oa i'we do. this Agn wwA also apples to dot ez =z d carscc3 ? ifm ?? that you do so.You agree thaLun tmy cbocrge or _ ythis ew??.a.e,&dline m atq time wit5olu a?exdrhgyoar ob%-ation to pay amounts that one Man= ?- gr We inq designate that only a pertrOn at yprr crait line is auWA for (rift Man =mss ?do atid ? di `atyak yygt will be OOrLAdaLd a taut' excmded your ORdtIne lar mount had-C, • `??r>? Itea9 - weffi2f lisra tae 6srober order of cab Advance and/or Oxa=ienoe am& tran?OhK that toay be aOegF olsahinn Qsh d?S vetoes fwe ooanrt d we have die ti?lu b limit atrQhocialaons b Hoke Ptadsmrs oc l b xtiiypaysoeaa etotihtd on your Account • .Peaiotfic .iVe etrT! soodrssztemaot x dx wd of each ?. baat6 cede in ? your AArourgtam?c hu It debit or audit balance of itetose than SWlt err IT a Hamm ampe 16 boa hmpoacd ands Este and a m0°?T saw cat A show yow New Ralasi ; anyFtmnae Our_ yot, at * rxw ltfir mum Nro° Ptycacw aid die NM=Due Data l 1FthebkwBal n,%-slhokaerryowmoothilfstatementiskudrip=hem, Faysnew (dtx bt due Paymeac Due Date) is yaw tkv B92MCL odit=wire, low Afinhum die Wini „??`? pvil lbe (he aEawo<dewitof(I) 2%oftheNew ? for t?dt tine at the lane of y (3) ? + ve ? ao eremct arse attaotrot over your pay am than the hGtranrmr kiondilr p:essnat and may at any time pay the fad amoosttyou owe ter Fanaace Clsayas There is a mourn FI1W4a CM GE in the iunount sated m the Tale of fntetest Qargss au any biM V cycle in which you oat a F1uNCE dIARGl; We calculate the 'balance subject to FINANCE CWaW sq shy for Purchases and Cash Advances Fa Cash Advances we wit add a Periodic FINANCE QURGE from the' day you take de Cash Advance until the day we remit+e ppaavmeat is fiA Howe w. you have a grace period for Purchases You wll not Pay a Periodic F124ANM CMUME on hared or previous P+ucbma iryou Paid YOM New Balance m IRA by the Pavmerit Due Date on your pmviaa statrmcnt (or that bahnoe was zero or a erect amount) and you piywtsr New Balance in fisl by the Pzrm Due Date on your earrrent statement To determine the Periodic MANNCE CWCE we apply the appfitabk Daly' Periodic Rw to the dairy balances of Port tasm Cash Advances and pprmio barring cycle Putdssses. The sum of these daily calculations is the torah Periodic FVgANCE CHaGE Purctasea and Cash Advances are add- ed in your d9ly balance as of the filer of the transaction date or the beginning of thebillirg cycle in which they act posted to your Account (except that Converrierice pecks 4v.As are included "fiat accecited by the payee). Thu Wly balancer for current cvde Purcluses and Cash Advances xid prcious c?de Purchases are calculated sepuately and determined as follows 1. Ctirterd C)+de Purchases and Cash Advances, We start with the outstanding balance al the txcinning of die current billing c)tk. We take the beginning balance of Purchases and Cash Advances N1'-'ci t C1" 1. oil wxtr Aeeotnu exit day, wfiirle nrdtrdts acne Periodic FU"C E CHARGES «cs day's 6olanct. add we new Putzhtscs ('Ktdu3ng fees clot arc trnicd ash on thei. Adraacns acsd that S'""kt anc patincnts or a ter This Om us tie d and new fish Purduses and Cass Adti>n? eaee daily balances for L ftev'oes C?ch Pwth- s. We stxtwide the billitgtydr- We take Ate bye °t s bahnre at the IxgRteengdthe qc;c. wc tntitadex any p? on yOtcrAtnolalt day vital billing add astf new Pusdw= C,dttdi% k- d-c oa d, 9 and t?edits Thos gives us dx ?xc daily ? f-- Wa-kd as P.6s, or ?? ally lutes or HQ? t, bors?t°c torte sic?Yder Plndnsa is coscvda?od d pscvsot aLt?,, ?uresrtf?c°t ti id dx vas almsdr • olO ? f7 t Vw D a&c Ora Pie ruse have 'To iar Pam ease offers in effiexY P1e910ts satnaectt y $om &me to time we Will than on a =2PP( Its -T21atebalatsoaanddx?R10 Y +att baljc i?yo?tic cubAcd in the $ me tuner as deseabod aboiefortau or FUW4M allRM -1 be ml. e}dc ant x aPprta6t? We k'um xuWl e_r of dse Faunae Is= FgYAJQCE C? f- ed, Cass Mvanoe w1cwM by &G ga 0110fift CssbAd, EBUN E CUMM issta W is the Tabk dwwt 24K of the Cash Avian,, The total Fstmace Ch2M oa y wAoox t fora EMANCE ;M PIZ any C,,h Ad,,,., FVjM[Va°O M 1?gck will be the seat of die.Paaiodcc Agr provides far of F¢eanoe (harga c - l'iiO tube F'a'rce Qurges d,d abase, 6C cg ;,? deatgrswrl Aral Fee-youagceeto 'uswheabegedcoch law) _ anneal Eceen the sated 'r tai br vice priv? ?,1,aue ? ?atntt rn dr able ? A8r'?mc whether or not you heat oe dome lYYoa l ttofthisSee.t?twtaTcaanyofourrights, urxl, us Agrmiam rrxe Jour Amount L inciud;eg our eight to s term Dot racdvc I" a payment by d, u' b1z C=fiom you I your is at that the amnemt dJoan Wiceltnucn "c May daq palmalt fee in theamoerntstated in tic row d w t t„ ?, lteanu Clstxic? i liaseeoa Monday 1`4-cut which is not b7,d, Due D Fft - tf Jour busk don not honor the chod t ender this Agt ec t or vtr am mane a ciaetk bemuse it is rot sigmd or is o W27d 'c You a temm check ke in tic ataoisnt sWed in d,, Table ofrnlant Qwtm tlverlemit Foe - We bare the sight to large ? yHaGmit foe is the Interest au%- (1) if l ou Acxouat balance vcmeds 2°70 in the Table of mondslj 9'dC or (2) 7lot1 matte a Rndlase or obtain 7crt2lb,"C? J Iulance is owX your ava kw, at 2 time whesii "bout "T' toot thm? n o Lac of s'? SEP$ or dttpLrzts P atmootiirs>?c ? aw T-senors such as but I6e? Ch-9- for Is sarsc ystitne in citaiw to Prat our Mas-W asvic are Pre-cforsuch > M tarda as ales specified in the Table of jmeteit rteu Yoerr8i ch 33iB>?7?d its aoaetectioa wit& ? g _ wposcafeefabglasgatorl,,&wksej Uaku otherwise Emit aradmitnstcsti? be added 62C arMW keaat:ad .4 b1c, n acct D dle cmfirc amount. you efiledt/c4Bee66a Gast YtwrActsunt wit be is delaeft and we owe us Yaw PqMMU of ?ama is eruera of ardit ? (3j b ? Mama v dt uOUL' Ptmdn" or obtain cash for ??dteorbccnmea????t ?(??s:?ng b.yVp5ctbk lin ytxtobtgat?s tinder this A¢teemees is (a aY Kaoa t agtrx °° Pal aII taotiocaon 8WOMM you owe vaaderdwAgttx.c. C atxt =, as in the cot- ?10 _ _ a?,? Wwe refer jawkwunt) and. ,aw lntbe cw0we a ?? aoQauoa iss MW& aq We va not be ablpid b holtor ' you We, 1D ? ? ,mss asrdt an wellm eleteautalod b tetmcntrJour t a 5,.k low ( bbcb0. ; Any cyeer, &Pft or otala ('Win-) by ?? the ?°l' ag"an or sssgsts o off the other 7' you or sts agawl the odbe,,? or from or to dds sttatl be rctwved by q arobitrO? ill aftr dates or the validity entire Ag Forms. uudw the Code of Procedure i ue and rs by the National fonsw of the 1 tnW Athip? Forum n effort at and the tiax the airs f7i ed, Rtdts trap be obuiaed and CLtitts'my be Sod Akbtoraaoa Fanltn at any thdong r8ice, tvwx arb falcon coal or P.O. llox 5o19t, e JMD-C44S71. Any arbitration hearing at Mdf will ?ittttoaq wAw the fedeW j Sind viscid thn in ,k dm b aP Are ptatr at :location arbttration agr+oatlent is tmde Wrralet m a ttar?ction tetasnte? the Claim is bled. This ? be bythe Federal Arbitration Act, 4 U.SG Z 1.16 Ju t upm anarilitra ? '? be entered in any court having jevisdetion. 1 >td May This arbitration agrcYttimt apples to an cainu now in existence or am may arise in she r win for Claim by or a 0.512111-12Mted third party to whom own Mcep t asstgtted afW ddadt (utters that PZ, cl? to arbitrate). Nothin ?t of your Aavtrat strved to Prcaem nay Party's use of (or airancernent of any gg Agreement slap be col. °r r'?on, replevin,?l fmmiasure or an ot}?cr O'ims lactose. or OMM in) Lankropyc, to any codaWA XCUrity or property interests for contractuuaall debts now o hceaRrr o"ed lrhting party to the other under this Agreement by either IN Tl{E AA ESENCE OF THIS AR11ITRATION AGREEMENT YOC' AND WE MAY OTHF_gWlSr IL;k%T HAD A RtC.tiT OR Orr()RTL :\f'il' ro t 6'1(:1111: (7TLS TIfROUGIi A (X)t.-PT. A.tD/OR TO PAKnc[PATE OR RE RE]' -7--.-TED IN IiTK MON F1[.ED G; a)URT 6C On i. ERS, BUT EXCEPT AS OTHERWISE PROVIDED ABOVE. ,111. CLAMS 3(UST NOW BF. ItESOLVMTHROUGH ARtin*RATIOX Tersi-tioe We terminate yarn pritiicges ender this Agremicut or Umk vour cigfit b make Pumhaset or obtain OA Advuxa at any "c (and fig, your Aaromrt in warning b= wider,( mice or lflt i7q. Ir we Uk you must return your Cards and any urmsod Com;nrence Chard, tQ M art in hail You agree tha you will lieu hY a make a Purchase or obtain acash .4tmrroc Aff you late been notified that y'ow prive ro use your Aocvunt has boar kratiaxed_ You trramrale this Agreement at any trm- If you you mm returnio us an Cads surd Comtnirnoe issued om die Aomrm Fjou call us, wt may requir+c drat You column your iftent to temaa4c writ- ay. Y? our to mimeos WM not affed jour casting obyipoohs under dth Agreement oryvur Ra- s hoed an ? yarrAAposted to your Accotatt ptior ccamtare returned to to the t+me an Cards and rxttvesl Cortvrniaece CAed us. Nofioes; We vA send sauaaacts and any other notices to you at the address swam in our filet trthes is apm aaooan4 we can send statements and noficrs to tidier of you You pro nix to inform us ttoQS im the witing o an hPostal av Sam adorns We may in our da?son aoogx address comet F*MM Qatew9' Ykanarcfioss: Tramaooias in fcxtign curre? w1 be concerted 0 Ua Do$us Md paged their wen ou ttrtt &c Md"r rate descrmimed by Ma er0anI or VEA (or their affix . oo vc"'o" at" gencsaHy adxr iwbaleak cantat rAk or t ' 6 e a?'cy gorannhanRhandund rate in cffcd on the dace of Cowecsioo, by the appl;czWc conversion, dhagc dcserurin ed by Mast icud or VISA. The Currwq cowmrsion rite used on the cotreesion due nay &T r from the cast in effect on the dateyru ttsod Yaw Card drAmount Silp Teatares: From tame to time, eat nay kt,yoa 4 or reduce one or more monrhf P: UO* dkairsg a ytarand/or We Way ?porar?y reduce or ermiaye curtain Frrotioe cbzza on all ora potion ofyonrAaoodmt balance oraff yo.u odic speoal &mm gwe do, Ke wd[ acv joa of die mope and durafion of the applickk skip or pcornod-W kuum Whca the snip or promotional feature CA% your rvar era and leans ww resume. Qraoge is b udgrmoeat We can dunge the %am of this Agreetewt, 6clodirig d AN1QCIAL tBR Cl1TA(ERAIE and icy tees, at arty time Wt m r you of the p ab(e tax, dry d9nr>ge in this Agreement wig becorue ati+e at tic time stared m our by -Mic-r.06M and unless wt stdc odtaw6c, the change will apply to all outstanding bahnces is your Account as well to new harr$mons, Gvxit lmfortauafiodr You agree that we say request consn,zaer ondit reports 6-om odic or more credit rt M*C Fancies in earmeetion With yarr VPGoaion and the admiomzsporh of yOW Aoooaot. You also IdmIk a us b czcba ge etdt anfam>tioa oonoermng you or Mar Account wi& (and armver questions and requests Em-) others. aids as madhznts aed aedit ding agendcL We"shat kdmotios abort you wills our mated wmp u iet ?kaxmafwn wit4 A(?xed Companies We may slim i+rfarmatiars about you stidt oils allifat- Yea stray clot we do not share i nfozmatioa (od wr gm dbat r gg d a ws? era `" t to us at post USA Bade, IAA, F RA Opt pmt, p O. Bur yaw WiEm?ton,bEi3843884,- iox?trdeyowmnte,addressandamooot=AmberI t4yourferee- Ca&xuember [bd- From dine to time, we nny shay our ordmember its dfh CO1pWR1e wtmc products andses?ioes we dunk wit! be of krtaest to you. We ortfia y renew duet effect to maktsutt dceymoetourstmdads Youcrayregtuathx1ournamenotbe ' grvm co these byWriting us at Fart USA Bank NA, PA. Box set. Wskningtor7, DE 198i. Plnse?yowr myg4 address amdamormt numI= with your request. Phadae CYts la the rcru eauare of our busanea we may monitor amd tamed Phone eattcsations made or sboelved by our employes You agree that •we will yore such rigtat with respect m ad phone oonv"adons beeften yotx and our aapbyt? whether initixod byyoa or any of onnYaployees Refvtsai To St CYtb We me not responsible for ref rsak to hoax your Card Of Convenience C heciz And, crept as od?ewise calt nd by x lax or regtdation, we wY not be rapormlilc iormas9nanfiaeaservicepmclsaseddxfased?useorrmAca mt kt%lin PgmmbdadD? in Esfoetxme * We can acocptbecpayment; partial dned3 and money exdrYS raukod Zed in Full' a havatg the sane a vridnaat? of txr tigtclr mute d isAgreamm We awn also dkby? d? riglus ruder dais Agreameataq armE ber of noes widnoet baiog thrm'lbe fact that we eeayat any tithe boom a purd>sse or Casio Adranoe in rs¢a cf ymr mazmmusaa ?e fuse does not obligate us to do sov*L LiabrTity For Umuthorimed Use Of Your Account it your Card or Coovrniesvet Ch'& arse lost or states or tTyou act afraid saneotte say use Account widrout your peon, you Want at oamYou maybe fable for chat unaudm ud we of your Acm nL dwY wig not be 66k for? u trarau thormod tae dal occurs after you notify Fret LM Bark, NA, by writing to us at P.O. Box 8651, 1 &mngtor, DE I9B99MI, or wab* tbryy oiLrug tts at l**4 7?710t, of the loan or d'4 of your daCbnvtmienae Cfu doe or the posss'ble unuhorired ruse of yar Account la any case, 6r your tnararmum 6brq is SSOK We may tcmirtate or limit saes to your Account if you hale stuffed us or we have determined tint your Card or Convenience C hccb may haver been loaf or stolen, a that there gray be smaudwrmed access to your Aecarmt Aaknalent We mayat any time assign your Account, any am due on yarn Account, this or our x%htr a am under *is arl sing bey ' to all o{ourrights under the(sy make any svehzsstgr l ent AgreencM to the cwnt aligned m GOVERNWG LAW. THU AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAWOFTHESTATEOFDElAWAREAND, AsAmIcABly FEDMki_LAW. In"kies Or Quesdons: You may address any inquirics or question which you bait about your Account to Furst USA Sank NA, P.O. Box 8651, Wilmington, Delaware 1989M t. or you nap eaQ tt< 14DD- 17-7101, Tyou telephone us instead of writing, you may lose twin rights Are few ma ydu codispute bulling errors (see Your Billing Rights'). ' IUUK SMJ t ---- " This No&= For Fuwm Use This notice et?uKiim irnpcsuett inkxasuticxt afxnn e+txtr rights artci cxtr rcyormltifaies acxiet the Fur Credit IkEng Act. Notify ik In Cie Of Errors OrQctmba s Abotd Yetur Ba if You think your bat a wrong, or if rat need mom k&cw2ti6n about a barmaion on tau bdl, wine us on a sgmwc shext at Fast O&k Bank, NA. PA. !Sete 86xL Wi mif%soa. Detaace 19M 861. Wtk to us a soon as poskWc- We mint hcu from you a* titer dtan W daps after we seat you the icst ba ou which the arac or prob1cm appeared- You earn kkphoae its, but debug so will not presax yaw rights. in your fetter. give ra the foilovring infonrc t6om • Your go= mid acoomd number • The dollar atrcotux of the saspa?' error. • Dexribe the error and expW if yon art, why you befieet dwrt is an error. ffyou nmd more infoecaatiott, dcxnbe the iteseyoa xt not suit about. Yom RiOd And Our RlIFIO firs After We Receive Yotw Written No6ce we metst adeaewledge year kttor within 30 daya, uolea nt hart eocrwesf the am by dm Within 90 days, we must c d err cgnrte. the error or aTbia why we b6cvc the bM was mart M A(iervie teseivt yoc? ktscr, we --at a7 to c0Mca2ny aawT4 you or report you as dclin- getast Wean eoadmic b ba you for the amount you quesoott, i rdicag 6rtana dtugm and we an sppty Croy sutpaed aenoetot against your aedd fitatet Yar do WE have to pq any oned aatotmt teht'le we ace $tvaugmteg, batyar are stffi obSgated b pay the pats of par ba thaot art not in gttcsti%L tf we find that we atade a oeestake on ymw bill, you wa pot bave to pay arty 6macr dtarg s related b arty quetuone d UXKMt- If we didn't otake a mistak 4 you tnay have to pay fil-= dtargq and roa va have to makt tap any miml papro nts on the quesdomd. awmoM . In ether are, we wilt send yar a statemeat of the amoemt rat om and dw-daLe that k is duc. ff you fa7 why the aunoetnt tlcd we thutk rat owe, we tat report no as d?ngtteru- However, if our O?hna6ott does not saf sfyyoa and you wtxe b m I"& tea days taling an you stilt crime to ppaady, we coast ku anyone we rrpott you to that you stave a qucst;ott about tour bill And, ne mint tdt you be name of arcptte we ceporrtr-d you to. We ttmst ki aayocte we repoctyou to that the nut- ter has beca seatkd bawtiut rnwftat tt fimdly is Irv e don't front these odes, we etn't eblfeti the fi stW of the questioned antmat, cvw if your bill t was erocroa- Speaal Rude: For Credit Card ftmb-srs If you have a proMata With the JOSV of pteaperty ex sexviors that tort pcud - d with a Credit Crud, and yttu bane tried in good bith to eorreex dw problem with the stetrltsat, you ma; hm die riqttt trot to pay the re mewl tg amotmt due on die pmpcq or =,&m There are tree iw iatioas on dos (a1 You taunt. bave z2de die pucduse in yomr hom s= or, if tax xathin your home true, widvte I00 i have beat mo ? wore dot SM (b) The p? prim max Thetc fmibdans do rot afffy if we own or dpaate the m aduc t, or if weviAW you the adaatise• o mtforthepropertyorsarxm 7/98 FIRSTUSAO M-24275 9.90NAEMPFUSA-QCC t Fuss USA Sank Post Office Box 8650 Wilmington, DE 19899-8650 Ridurd W. Vague President Chief Executive Officer FIRS[ USA Dear Cardmember: We would like to express our pleasure in having you as a valued Cardmember of First USA Bank. We arc looking forxard to providing you the superior service and exceptional benefits you deserve. In this booklet,yau will fird your Caardmember Agreement. Please cake the time to read your Agreement and keep it in a safe place for future reference. Before you start using your account and enjoying its many privileges, please be sure to sign the back of your card. Our Cardmember service representatives are at your service 24 hours a day, 365 days a year at 1-800-955-9900.. Please feel free to call us at your convenience, or write us at the above referenced address if we can assist you in any way. Again, thank you for the opportunity to serve you. Sincerely, Richard W. Vagu A Firs) USA Company Member FDIC W V V 0 1. N v ?b C- n C. V.J T 9(p? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff V. DEBRA BURKHOLDER Defendant CIVIL ACTION NO.: 07-1895 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $23,081.90, which includes reasonable attorneys' fees. Notice of the intent to file a default judgment was served upon the Defendant on June 4, 2007. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Abrahamsen & Associates, P.C. MichaelT. Ratchfor squire/ I.D.#: 86285 Attorney I.D. No. 285 Attorney for Pl iff JUDGMENT AND NOW, this day of June, 2007, Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $23,081.90, which includes reasonable attorneys' fees for failure to respond to Plaintiffs Complaint. CLERK OF JUDICIAL RECORDS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff V. CIVIL ACTION NO.: 07-1895 DEBRA BURKHOLDER Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on June 22, 2007, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Debra Burkholder 508 Berkshire Lane Mechanicsburg, PA 17050 Edwin A. Abrahamsen & Associates, P.C. BY: 104? Michael F. Ratchford, Eire Attorney I.D. No.: 8 5 120 Keyser Avenu Scranton, PA 18504 (570) 558-5510 Exhibit "A" LAw OFFICES EDWINA. ABRAHAMSEN ASSOCIATES, P.C. 120 N. Keyser Avenue • Scranton, PA 18504 Toll free: 1-800-503-1665 Phone: 570-558-5510 Fax: 570-558-5511 June 4, 2007 Ms. Debra Burkholder 508 Berkshire Lane Mechanicsburg, PA 17050 Re: Commonwealth Financial Systems v: Debra Burkholder Cumberland County Civil Action No.: 07-1895 Dear Ms. Burkholder: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above-noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, ZIX4' Michael F. Rat( Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. Olt' b r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. CIVIL ACTION Plaintiff NO.: 07-1895 V. DEBRA BURKHOLDER Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: Debra Burkholder 508 Berkshire Lane Mechanicsburg, PA 17050 Date of Notice: June 4. 2007 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 (717) 243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff V. CIVIL ACTION NO,: 07-1895 DEBRA BURKHOLDER Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the 4`b day of June, 2007, I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Debra Burkholder 508 Berkshire Lane Mechanicsburg, PA 17050 Edwin A. Abrahamsen & Associates, P.C. li Y : ' y- (/"'mar T/liz Michael F. Ratchford, Attorney I.D. No.: 8 120 Keyser Avenucl/ Scranton, PA 185 4 (570) 558-5510 L N n 8 N? c7 c =G L i.7 N (=3 fV C"S 4 Hip L ? C7 n SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01895 P `COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS BURKHOLDER DEBRA D R. Thomas Kline , duly sworn according to law, say; and inquiry for the within named BURKHOLDER DEBRA D but was unable to locate Her deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being that he made a diligent search and DEFENDANT , to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 24th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answ J" Docketing 18.00 Out/County&Postage 10.11 Surcharge 10.00 R. Thomas line Mileage 10.56 Sheriff of Cumberland County Dep Dauphin County 37.25 85.92 ?S/x3167 04/24/2007 EDWIN ABRAHAMSEN & ASSOCIATES Sworn and subscribe to before me this day of A. D. vs. Debra D. Burkholder No. 07-1895 civil In fhe Court of Common ]Pleas of Cumberland County, Peninsylvahia- w- . Carrmonwealth Financial Systems Inc Now, April ;16,: 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. s Sheriff.of Cumberland County, PA Affidavit of -Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of . County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT AV Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania COMMONWEALTH FINANCIAL SYSTEMS INC vs County of Dauphin BURKHOLDER DEBRA D Sheriff's Return No. 0560-T - - -2007 OTHER COUNTY NO. 07 1895 CIVIL AND NOW:April 17, 2007 NOTICE & COMPLAINT BURKHOLDER DEBRA D at 12:35PM served the within to RODNEY JONES 1 true attested copy(ies) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 7239 CHAMBERS HILL ROAD HARRISBURG, PA 17111-0000 So Answers, Sworn and subscribed to before me this 18TH day of APRIL, 2007 ? ? e?. Sheriff of Dauphin County, Pa. NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 (9) ifAtce IIf 14r 6*heriff By upon by personally handing Deputy Sheriff Sheriff's Costs:$37.25 PAID BY COUNTY SCHAEFF Commonwealth Financial Systems, Inc 120 N. Keyser Ave. In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. DEBRA D BURKHOLDER 7239 CHAMBERS HILL ROAD Harrisburg PA 17111 VS. COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 NO: 2007-01895 Defendant Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc in the above-captioned matter. Date: l < Print Name: Address: 17. Telephone No: (570) 5583510 Ext. 120 Supreme Court ID No: 86285 . ra M Ern Commonwealth Financial Systems, Inc 120 N. Keyser Ave. Scranton PA 18504 VS. DEBRA D BURKHOLDER 7239 CHAMBERS HILL ROAD Harrisburg PA 17111 VS. COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 State of Pennsylvania County of CUMBERLAND SS: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division Defendant Garnishee NO: 2007-01895 AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): DEBRA D BURKHOLDER; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): DEBRA D BURKHOLDER; is(are) older than eighteen years of age; That the employment status of the defendant(s): DEBRA D ) unknown. ichael F. Ratchford, Esquire Subspribed bepre me this -,k` , day of ( G0 0 Public ?G ?F G? r a =: ? "-??? .?- ice,-?-?' ? 3_ ?? a"ti* '^-' N .x' t,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1895 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff (s) From DEBRA D. BURKHOLDER, 7239 Chambers Hill Road, Harrisburg, PA 17111 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17013 any and all accounts of the defendants in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,081.90 Interest -- $577.00 Atty's Comm % Atty Paid $205.42 Plaintiff Paid Date: 11/14/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs P-. Yurt ' R. Long, Prothon ry By. Deputy REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, PC 1729 PITTSTON AVENUE SCRANTON, PA 18505 Attorney for: ' Telephone: 570-558-5510 Supreme Court ID No. 86285 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 3252,3111 (a) Commonwealth Financial Systems, Inc 120 N. Keyser Ave. In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. DEBRA D BURKHOLDER NO: 2007-01895 7239 CHAMBERS HILL ROAD Harrisburg PA 17111 Defendant PRAECIPE FOR WRIT OF EXECUTION AND vs. ATTACHMENT COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 (MONEY JUDGMENT) Garnishee To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) Against: DEBRA D BURKHOLDER 7239 CHAMBERS HILL ROAD Harrisburg PA 17111 (3) And against: COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 (4) and index this writ (a) against Defendant(s) (b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 202-44-4413; (5) Judgment Amount $23,081.90 Interest $ n t? Clerks Fee 1AI-N. co Sheriff $ u Poundage $ Total $ Date: ichael F. Ratchford, Esquire Edwin A. Abrahamsen & Assoc Attorney for Plaintiff mratchford@eaa-law. co P.C. t t Sb ;? d ()1 ;? as a C7 nv -? t-- SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-01895 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS BURKHOLDER DEBRA D And now DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:32 Hours, on the 5th day of December , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT BURKHOLDER DEBRA D in the hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KRISTEN EGOLF (CUSTOMER SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 Service .00 A Affidavit .00 R. Thomas Kline-., Surcharge .00 Sheriff of Cumberland County .00 ? /a jic/e 7 00 12/05/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D P, k A Commonwealth Financial Systems, Inc 120 N. Keyser Ave. In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. DEBRA D BURKHOLDER NO: 2007-01895 7239 CHAMBERS HILL ROAD Harrisburg PA 17111 Defendant AA->s%c) z s b INTERROGATORIES IN ATTACHMENT VS. COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 Garnishee RE: Execution of Judgment against your depositor DEBRA D BURKHOLDER SSN # 202-44-4413 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1) At the time you were served or at any subseqent time, did the Defendant possess any bank accounts, joint or individual, that were in your custody or control? Please specify joint or individual account. Please list the legal title of any such account(s) an dthe primary account holder and if known whether joint account is entireties property. Defendant had account 537199614 with abalance of $432.77. Account is held individually. Account is a direct deposit account. Defendant is eligible to receive allowable exeaption. 2) At the time you were served or at any subsequent time, what was the balance and account number of the bank accounts(s) identified in Interrogatory #I? See answer to question 1. 3) At the time you were served or at any subsequent time, please list the average daily balance in the past five (5) months for each such account identified in your answer to Interrogatories number one (1) and two (2) above. Account 537199614 has an average quarterly balance of $411.97. 4) At the time you were served or at any subsequent time, did the bank account(s) that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? No 5) At any time before or after you were served, did the Defendant(s) transfer or deliver any property or money to you or to any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? Defendant made deposits into the above referenced account in the ordinary course prior to service none of which were at the direction of Commerce Bank. ?? "'ti . r A a ? 6) At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the Depositor's direction or otherwise discharge any claim of the Depositor against you? No 7) At the time you were served or any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? No 8) At the time you were served or at any subsequent time did the Defendant(s)accoount contain funds deposited electronically on a recurring basis and which are identified as being exempt from execution, levy or attachment. If so, state the reason for the exemption, the amount being withheld and the entity electronically depositing those funds on a recurring basis. See answer to gWf14?%6 you were served or at any subsequent time did the defendant have funds on deposit in an accoun in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. Section 8123? If so, identify each account. See answer to question 1. 9) Identify every other account (not previously noted) titled in the name of the Defendant(s) in which you believe the Defendant(s) have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax acoount, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. 10) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, quire 1729 Pittston Ave Scranton, PA 5 (570) 558-5 Ext. 101 A . -% P k VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Mindi L Sprout (Name) LM Specialist of Commerce Bank/Harrisburg N.A., garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. I ! - n tea. "CJ 1:.. ] O 1 --9 C-) {1 i r Uri Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 Plaintiff Vs. Debra D. Burkholder 7239 Chambers Hill Road Harrisburg, PA 17111 Defendant Vs. Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 Garnishee In the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Division No: 2007-01895 Praecipe to Enter Judgment against Garnishee To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Enter Judgment against Garnishee in the amount of $132.77. This amount is less the statutory exemption claim. Thank you, Michael F. Ratchford, Esqui Edwin A. Abrahamsen & Associates, P.C. Lawyer ID # 86285 Sworn and subscribed befo e me on this day of w1 20 I I A/- I Loet,1"t ar ublic sq- 0\1Y C, qy? Co sG G o??\\o Q c r Pt' ,_ c, Commonwealth Financial Systems, Inc. 120 North Keyser Avenue Scranton, PA 18504 Plaintiff Vs. Debra D. Burkholder 7239 Chambers Hill Road Harrisburg, PA 17111 Defendant Vs. Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 Garnishee In the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Division No: 2007-01895 Praecipe to Satisfy the Judgment against Garnishee To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Satisfy Judgment against Garnishee. Thank you, J Michael F. Ratchford, s ire Edwin A. Abrahamsen & Associates, P.C. Lawyer ID # 86285 Sworn and ?'?0 4 Gov??? 4o .5 fi 0 ? C= 0 ? . c 0 F ^ . l A r P, V, n r V) cn Q n R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six. months. Sheriff's Costs: Advance Costs: 150.00 S?ienffAoCosts 85.99 Docketing 18.00 64.01 Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail. Postage Garnishee TOTAL 1.69 .50 2.00 4.80 20.00 30.00 9.00 85.99 ? $ -1,3 = 0 g Refunded on 07/29/08 t ?.s So Answers, R. Thomas Kline eriff By ,? . 1-? . so a ekXt (s1zl 0 U\ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1895 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff (s) From DEBRA D. BURKHOLDER, 7239 Chambers Hill Road, Harrisburg, PA 17111 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17013 any and all accounts of the defendants in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,081.90 Interest -- $577.00 Atty's Comm % Atty Paid $205.42 Plaintiff Paid Date: 11/14/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs his Long, Prothonotary By: Deputy REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, PC 1729 PITTSTON AVENUE SCRANTON, PA 18505 Attorney for: ' Telephone: 570-558-5510 Supreme Court ID No. 86285