HomeMy WebLinkAbout07-2501
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH FINANCIAL SYSTEMS, INC. NO. 01 -v2501
assignee of CITIBANK IN CIVIL ACTION
-vs- Plaintiff(s)
DAVID D. BURNETT
Defendant(s)
COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH FINANCIAL SYSTEMS, INC. NO.
assignee of CITIBANK IN CIVIL ACTION
-vs- Plaintiff(s)
DAVID D. BURNETT
Defendant(s)
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 are served, by entering a written appearance personally or
by 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, 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
COMPLAINT
1. Plaintiff is a corporation having offices at 120 North Keyser Avenue, Scranton,
PA 18504 and as the assignee of Citibank, stands in its assignor's stead, and all
are hereinafter referred to interchangeably as "Plaintiff'.
2. At a specific instance the Assignor sold, assigned and transferred to Plaintiff all of
Assignor's right, title and interest in, and to the agreement between Assignor and
Defendant.
3. Defendant is an individual whose address is 107 November Dr Apt 1, Camp Hill,
Cumberland County, Pennsylvania 17011.
4. At a specific instance and request of the Defendant, the Defendant applied for and
was granted a credit card and/or loan by Plaintiff at the terms and conditions
agreed upon by the parties.
5. The Plaintiff avers that the agreement between the parties was based upon a
written agreement which the Defendant accepted by using credit card or loan to
make purchases and/or cash advances.
6. Thereafter, in breach of obligations under the Agreement, the Defendant failed to
make payments as they became due.
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7. Plaintiff avers that the terms of the Agreement provide for acceleration of the
entire balance due and owing upon Defendant's breach of the Agreement.
8. Plaintiff avers that the balance due amounts to $43,087.32, as is more specifically
shown by Plaintiff's Statement of Account, a true and correct copy of which is
attached hereto, marked Exhibit "A" and made a part hereof.
9. Plaintiff avers that the interest has accrued at the rate of 31.49% per annum on the
balance due from May 13, 2006.
10. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as
liquidated damages, the costs of collection, including all reasonable attorneys'
fees incurred in the collection of monies owing, which Plaintiff avers will amount
to 25% of the balance due.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the amount due to Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of
$43,087.32, with appropriate additional interest from May 13, 2006, plus attorneys'
fees and costs.
APPLE AND APPLE, P.C.
By: 0?;?
A orney Plaintiff(s)
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AFFIDAVIT
I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc.,
Plaintiff herein, verify that the statements of fact contained in the foregoing
Complaint are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
2-2?-e))
Date:
PATRICIA COBB
Executive Vice President
120 North Keyser Avenue
Scranton, PA 18504
Apple & Apple File No. 10121fo CFSI File No. 6C0,13
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-02501 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
BURNETT DAVID D
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BURNETT DAVID D the
DEFENDANT , at 1553:00 HOURS, on the
at 107 NOVEMBER DRIVE APT 1
CAMP HILL, PA 17011
DAVID D BURNETT
2nd day of may , 2007
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.40
Affidavit .00
Surcharge 10.00
5` ?o/e 7 Q .00
42.40-
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
05/03/2007
APPLE & APPLE
By: ??? V
Deputy S riff
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH FINANCIAL SYSTEMS, INC.
assignee of CITIBANK
-vs- Plaintiff(s)
DAVID D. BURNETT
Defendant(s)
NO. 2007-2501
IN CIVIL ACTION
PRAECIPE FOR DEFAULT
JUDGMENT
CODE-
FILED ON BEHALF OF
PLAINTFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No 37942
Charles F. Bennett, Esq.
PA I.D. No 30541
Joel E. Hausman, Esq.
PA I.D. No 42096
Apple and Apple, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH FINANCIAL SYSTEMS, INC. NO. 2007-2501
assignee of CITIBANK IN CIVIL ACTION
-vs- Plaintiff(s)
DAVID D. BURNETT
Defendant(s)
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in
the amount of $69,546.21, computed as follows:
Amount named in Complaint $43,087.32
Interest from May 13, 2006
to June 29, 2007 on $43,087.32 $15,687.06
Less payment of. -$
Attorney fees $10,771.83
TOTAL $69,546.21
I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P.
237.1. A copy of said Notice is attached, and was mailed on June 12, 2007 by regular mail, postage
prepaid and, addressed as follows:
Defendant: David D. Burnett
107 November Dr Apt 1
Camp Hill PA 17011
APPLE AND APPLE, P.C.
Dated: 3,6 aT4!-r)? By:
Attorne for the Plaintiff(s)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
COMMONWEALTH FINANCIAL SYSTEMS, INC. NO. 2007-2501
assignee of CITIBANK IN CIVIL ACTION
-vs- Plaintiff(s)
DAVID D. BURNETT
Defendant(s)
David D. Burnett
107 November Dr Apt 1
Camp Hill, PA 17011
Date of Notice: June 12, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY 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 NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
By:
James R. Apple, Esq.
Attorneys for Plaintiff(s)
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
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In the Court of Common Pleas of Cumberland, County Pennsylvania
Civil Division
Commonwealth Financial Systems, Inc.
120 N. Keyser Avenue ;
Scranton, PA 18504
Plaintiff
File No: 2007-2501
Vs.
David D Burnett
1038 Harvey Faulk Rd
Sanford, PA 27332
Defendant
Vs.
Commerce Bank
3201 Trindle Rd
Camp Hill, PA
Garnishee
Praecipe for Entry of Appearance
Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc. in the above-
captioned matter.
Date: ?6)-C(sr
Signatur . z
Print Name:/CCIa-
Address: 120 N. Keyser Avenue
Scranton, PA 18504
Telephone No: (570) 347-1115 ext. 202
Supreme Court ID No: 39688
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
caption:
f
G>n?11vt?1 Yl n?Zr??'Sr????? Ivy,
O v )d 0 13,q-A ?t,-t
: ? Confessed Judgment
? Other
File No. x6612 -c;?SVV
Amount Due _ & 9? S(1', al
Interest 3, x/`27 36
. Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended
i
I
ssue writ of execution in the above matter to the Sheriff o a/7 l l(e.
L ?e-r /k-d,
County, for debmtterest and cos* upoAthe following described property of the defendant (s)
PRAECIPE FOR ATTACHMENT EXE ON
Issue writ of attachment to the Sheriff CeL Qr? to-* County, for debt, interest
and costs, as above, directing attachment against the above-named Sarnbhee(s)for the following property
B PPerh'
(if realzatat ,, supply ? cop's of the escription; supply four copies of lengthy personalty list)
LQ
361 1 t ? 1 ? ?
and all other property of the defendant(s) in the possession, cus dy or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis
defendant(s) described in the attached exhibit.
Date ?'a? • C,S5 Signature:
Print Name:
Address:
ens :ainstr estate of the
file
ll t S - 20-
Supreme Court ID No:
i
Attorney for:
Telephone:
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PA Supreme Court Rule of Civil Procedure 3101 to 3149
Commonwealth Financial Systems, Inc. In the Court of Common Pleas of Plaintiff County, Pennsylvania, Civil Division
Vs.
DAVID D BURNETT
1038 Harvey Faulk Rd.
Sanford, NC 27332
vs
Commerce Bank
3201 Trindle Rd
Camp Hill, PA
No 01 Sz I
Defendant(s)
PRAECIPIE FOR WRIT OF EXECUTION AND
ATTACHMENT (MONEY JUDGMENT)
Garnishee
To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER
(ytxi?l?
(1) Directed to the Sheriff of County, Pennsylvania;
(2) Against DAVID D BURNETT, 1038 Harvey Faulk Rd Sanford NC 27332
(3) And against Commerce Bank
3201 Trindle Rd
Camp Hill, PA
Garnishee(s);
(4) and index this writ
(a) against
(b) against
Defendant(s)
Defendant(s)
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): 196-32-8384;
(5) Judgment Amount $ q ! o
Interest q92 D
Clerks Fee
Sheriff
Poundage
Total
Dated
Patricia A. Cobb, Esq C
?J? o
Attorney for Plaintiff
120 N Keyser Ave
Scranton, PA 18504
570-347-1115
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N007-2501 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 DAVID D BURNETT 1038 HARVEY FAULK RD, SANFORD NC 27332
(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 COMMERCE BANK 3201 TRINDLE ROAD, CAMP HILL PA
GARNISHEE(S) as follows:
ANY AND ALL ACCOUNTS OF THE DEFENDANT 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 $ 69,546.21
Interest 3,477.30
Atty's Comm %
Atty Paid $ 2.50
Plaintiff Paid $ 159.40
Date: MAY 30, 2008
(Seal)
L.L.$0.50
Due Prothy $2.00
Other Costs
Cu is R. Long, Pro
By:
Deputy
REQUESTING PARTY:
Name PATRICIA A COBB, ESQ
Address: 120 N KEYSER AVENUE
SCRANTON, PA. 18504
Attorney for: COMMONWEALTH FINANCIAL SYSTEMS INC
Telephone: 570-347-1115 EXT 202
Supreme Court ID No. 39688
120 North Keyser Avenue
Scranton, PA 18504
VS.
DAVID D BURNETT
1038 Harvey Faulk Rd.
Sanford, NC 27332
State of Pennsylvania
County of I SS:
Plaintiff
Defendant(s)
OaU16', J-
County, Pennsylvania
Civil Division
No )On-00/
Affidavit under Soldiers and Sailors Relief
Civil Relief Act of 1940 as amended.
Patricia A. Cobb, Esquire being duly sworn according to law deposes and says that the above
named defendant(s): DAVID D BURNETT; 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): DAVID D BURNETT; is(are) older than eighteen years of age;
?.
Kelly L Lance Notary Public NOTKELLYARIAL S EAL - l LANCE
That the employment status of the defendant(s): DAVI URNETT; is(are) unknown.
Patricia A. Cobb, Esquire
Subscribed before me thAd day of 20 C.
Notary Public
SCRANTON CITY, LACKAWANNA COUNTY
My Commission Expires Feb 21, 2011
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2007-02501 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
BURNETT DAVID D
And now MARK CONKLIN Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:30 Hours, on the 3rd day of June , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
BURNETT DAVID D
hands, possession, or control of the within named Garnishee
COMMERCE BANK 3201 TRINDLE RD
, in the
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
NICOLE ERICKSON (SENIOR CUSTOMER SERV. REP) ,
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 eoool/-?AC4 .? .
Service .00 ?J
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
0 0 d 61& P
06/04/2008
Sworn and Subscribed to
before me this day of By
Deput Sheriff
A.D
Commonwealth Financial Systems, Inc.
Scranton, PA 18504
120 North Keyser Avenue
Plaintiff
Vs.
David D Burnett
1038 Harvey Faulk Rd
Sanford, NC 27332
Defendant
Vs.
Commerce Bank
3201 Trindle Rd
Camp Hill, PA
Garnishee
In the Court of Common Pleas of
Cumberland County, Pennsylvania Civil
Division
No: 2007-2501
Praecipe to Dissolve the Attachment
Against the Garnishee.
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Dissolve the Attachment Against the Garnishee.
Thank you,
Patricia A. Cobb, Esquire
Lawyer ID # 39688
Commonwealth of Pennsylvania
Lackawanna County
i
Sworn and subscribed before me on this, day ofs- 20 i?
>'/^ 4
Kelly Lance,. Notary Public _ .?
6- .
SCRANTON C'; t ^ O
f:`.y Commfss
Commonwealth Financial Systems
VS
David D. Burnett
Writ of Execution
Docket No. 2007-2501 Civil Term
FILED-4 r ^E
OF THE FF^T.?!--!OTARY
2009 SEP I I A 8: 4 5
4 1'
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned ABANDONDED. No action has been taken in the last six months.
Sheriff's Costs:
Docketing
Surcharge
Garnishee
Levy
Mileage
Law Library
Prothonotary
Poundage
$18.00
30.00
9.00
20.00
12.00
.50
2.00
1.83
$93.33 ? 9 f i??os ?.-
So Answers:
R. Thomas Kline, Sheriff
BY 4
Sergea t
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Ck. °1/8s3
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