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Home My WebLink About03-6266COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : No. 03 -- ~.~dt,~ . : CIVIL ACTION . : NOTICE 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 ATTORNEYS 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 NY 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 AlaTn R. M6ge, E~sq. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. M~ge, Esq. P.O. Box C Hellertown, PA 18055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : No.. 6266-CV-03 : CIVIL ACTION STIPULATION AND NOW, thisl6th day of July, 2004, it is hen~'by stipulated and agreed by and between the parties: 1. Plaintiff's motions scheduled to be heard by the court on July 28, 2004 are hereby removed from the argument list. 2. All pending motions and petitions of the Plaintiff and Defendant are hereby withdrawn. 3. Plaintiff withdraws the Complaint filed in this matter and authorizes the Prothonotary of Cumberland County to mark this matter as Dismissed with Prejudice. 4. Defendant withdraws his Answer, New Matter, and Counterclaim and authorizes the Prothonotary of Cumberland County to mark the Counterclaim matter as Dismissed with Prejudice. 5. In pursuance of this Stipulation, and in consideration of the negotiations conducted between the parties and the mutual benefits, releases, covenants and considerations stated herein, and intending to be legally bound hereby, and in consideration of the above recitals, which are herein-incorporated by reference and made a part hereof, the pazrties do hereby remise, quitclaim and forever discharge each other, to wit: the said Commonwealth Financial Systems, Inc. and the said Thomas Lewis, their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns, from all claims, demands, actions, causes of action, suits, debts, contracts, controversies, agreements, promises, and demands whatsoever, both at law and in equity, the respective parties now have or ever had, known or unknown, in regard to the within legal action and collection account and from any other claim or claims arising from the above recitals from the beginning of the world to the date of these presents. 6. Plaintiff agrees that the account on which the within litigation is based shall not be further used or resold by Plaintiff, their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns, for purposes of collection, litigation, or credit reporting. 7. Plaintiff agrees that they, as well as their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns shall cease communications with the Defendant regarding the within matter upon termination of this action. 8. Defendant agrees that he, as well as his respective panners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns shall cease communications with the Plaintiff and their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors regarding the within matter upon termination of this action. 9. The parties further agree that none of the terms of this Stipulation are to be construed 2 as an admission of guilt or liability by the parties hereto, but merely reflect a settlement of all claims. 10. Both parties further agree that they have been advi:sed by counsel of their choosing prior to the execution of this Stipulation or have had the oppo~Iunity to be advised by counsel of their choosing prior to the execution of this Stipulation. Alan R. Mbge, Esq., Atty for Plaintiff Thomas Lewis,~ro Se Defendant AND NOW, this day of_ the parties is hereby approved and it is hereby: ,2004, the Stipulation of ORDERED that Plaintiff's motions scheduled to be hem:d by the court on July 28, 2004 are hereby removed from the argument list; IT IS FURTHER ORDERED that all pending motions and petitions of the Plaintiff and Defendant are hereby withdrawn; IT IS FURTHER ORDERED that the Prothonotary of Cumberland County shall mark the Plaintiff's Complaint as Dismissed with Prejudice. IT IS FURTHER ORDERED that the Prothonotary of Cumberland County shall mark the Counterclaim of Defendant as Dismissed with Prejudice. BY THE COURT: LAW OFFICES OF ALAN R. MIDGE, ESQ. P.O. BOX 1426 BETHLEHEM, PA 18016 Licensed in PA and NJ Gregg M. Feinberg, Esq. Of Counsel (610) 954-5393 (610) 954-5395 FAX AlanM_Esq @juno.com July 16, 2004 Thomas E. Lewis 263 Texaco Road Mechanicsburg, PA 17050 RE: CFSl/Citibank v. Lewis 03-6266 Dear Mr. Lewis: Pursuant to your letter of July 15, 2004, enclosed please find an executed Stipulation which include the terms you requested in your letter. Kindly execute the Stipulation and forward same to a Judge for execution. Kindly ensure that my office receives a time-stamped copy of the Stipulation. I would appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions, please feel free to contact my office. ARM/mjk Very truly yours, Alan R~ This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :No. .. VS. .' : CIVIL ACTION THOMAS E. LEWIS, : Defendant : COMPLAINT 1. The Plaintiffis Commonwealth Financial Systems, Inc. ("CFS/"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Thomas E. Lewis ("Lewis"), an individual with an address of 263 Texaco Road, Mechanicsburg, PA 17050. Count I - Breach of Contract 3. Defendant applied for and received a Providian credit card, account number 4465- 6119-0083-4981. 4. Use of the Providian Card was subject to the terms of the Providian National Bank Account Agreement ("Agreement"), a copy of which was sent to the Defendant along with the credit card. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant used the Providian Card Account number 4465-6119-0083-4981 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to his use of the Providian Card. 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The within account was sold by Providian to Unifund CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to PlaintiffCFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale are attached hereto, made a part hereof and marked as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of November 14, 2003, the balance due and owing to Plaintiff from Defendant was $2,977.48. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,977.48 plus costs and interest at the rate of 19.99 % per annum from November 14, 2003 as well as reasonable attorneys fees of $989.17 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations o f every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 2 15. The amounts due and owing to Plaintiffby Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,977.48 plus costs and interest at the rate of 19.99 % per annum from November 14, 2003 as well as reasonable attorneys fees of $989.17 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiffto provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's 3 expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $2,977.48 plus costs and interest from November 14, 2003. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,977.48 plus costs and interest at the rate of 19.99 % per annum from November 14, 2003 as well as reasonable attorneys fees of $989. l 7 and such other and further relief as the Court may deem just and appropriate. Alan R. M~g ,~squire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box C Hellertown, PA 18055 (610)838-4960 PRDVIDIAN NA~ONAL ])AHX VtEA" ;d~D M~RCARD* ACCOU~ uniFund Unifund CCR Panners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms oF the Accounts Receivable Purehasc Agreement by and among Unffund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as oF.Juno 18, 2003 (the "Agreement"), does hereby sell, assigu and t~anafc~ to Purehaser all of its good and marketable title, free and clean of afl Hans, c{a{ms and encumbrances in and to the Accounts listed {n the Account Schedule attached as Appendix A to the Agreement, withgut recourse and without representation or warranty of collectibility, or o,~kerwise, except to the extent stated in the Agreement. UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its Genera{ Partner Pte~ideut Fo~: Uni£und Uae EXHIBIT "B" VERIFICATION I, Patricia Cobb, Esquire, of Commonwealth Financial Systems,/nc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to tmsworn falsification to authorities. Date: PATRICIA COBB CFSI File No. SHERIFF'S RETURN CASE NO: 2003-06266 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS LEWIS THOMAS E - REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEWIS THOMAS E DEFENDANT , at 1021:00 at 263 TEXACO ROAD MECHANICSBURG, PA 17050 THOMAS E LEWIS a true and attested copy of the HOURS, on the 10th day of December , 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me,this f~ day of So Answers: R. Thomas Kline ALAN MEGE ../ By: ~ Deputy Sheriff IN THE COURT OF COMMON PLEAS CLFMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant No. 03-6266 Civil Term CIVIL ACTION AND NOW, comes the Defendant, Thomas Lewis, makes the following Answer to Plaintiff's Complaim: 1. Denied. Cnmmonwealth Financial Systems: Inc. is a Corporation with a registered address oi~ 617 Keystone Avenue, Peckville PA, 18452 owned by John Kotulo as the Sole Incorporater. (Defense Exhibit A). John Kotula, Patricia Cobb, Michael Conflitti and Audrey Mikulak, own and operate several seperate companies out of the address of 120 North Keyser Avenue: Seranto~ PA 18504, under the fictitious names: NCC, Northeast Credit and Collections, Northeast Credit and Collections Inc., and several other unknown names. All Plaintiff's companies operate with the same employees, same phone numbers, and service the same accounts. A. The Unfair Trade Practices and Consumer Protection Law under 73 P.S. § 201-1et seq., and the Debt Collection Trade Practices under 37 P.S.§ 303.1 et. seq., establish prohibitions for certain unlawful and deceptive acts or practices in consumer transactions and debt collection activities for a creditor or debt collector in the State of Pennsylvania. The provisions contained in 37 P.S. § 303.1 et. seq., include communications and contacts with debtors, locator information, mandatorg disclosure, disputed debts, and bona fide errors. In all other respect, the State of Pennsylvania generally adopts the Federal Fair Debt Collection Pra~xices Act under 15 U.S.C. §§ 1692-1692(o). 2. Admitted WHEREFORE, Plaintiffs have misrepresented themselves to the Court and the Defendant, Defendant Thomas Lewis, respectfully requests that this Honorable Court dismiss this complaint, with prejudice, on ail counts of this complaint. BREACH OF CONTRACT. 3. Denied in part - Admitted in part. Defendant has received a Bank Card. 4. Denied in part - Admitted in part. Admitted that Plaintiff appears to have attached an unsigned document with the word "AGREEMENT" in the heading. (Plaintiffs Exhibit A) Plaintiffs Exhibit A has no markings, account numbers, or signatures that show it is connected to Defendant in any way 5. Denied. Plaintiffrepeatedly refused to supply aceoum information they are required to provide under Pennsylvania and Federal law thai: would provide Defendant with response to the averment. 6. Denied. Plaintiffhas not supplied Defendant with account statements through the mail. Also, the answer to Paragraph 5 is incorporated herein by reference. 7. Denied. 8. Denied. Defendant has no knowledge of any transactions between Plaintiff and Unifund. Plaintiff's '~Exhibit B" fails to identify any connection to Defendant. 9. Denied. 10. Denied. 11. Denied. Plaintiff is Conducting Harassment and Malicious Prosecutions, AFTER repeatedly violating Pennsylvania and Federal Fair iDebt Practices Laws, and Pennsylvania Consumer Protection Law. Defendant is not responsible for any expenses incurred by Plaintiffs conduct. 12. Denied. WHEREFORE, the Defendant, Thomas Lewis, respectfully requests that this Honorable Court dismiss Count I, with prejudice. BREACH OF CONTRACT Denied. The Answers to Paragraphs 1-12 are incorporated herein by 13. reference. 14. 15. Denied. Denied. Plaintiff is due or owed nothing by Defendant. Defendant is entitled to damages and relief from Plaintiff's Course of Conduct. 16. Denied. WHEREFORE, the Defendant, Thomas Lewis, respectfully requests that this Honorable Court dismiss Count H, with prejudice. Denied. The Answers to Paragraphs 1-16 are incorporated herein by 17. reference. 18. Denied. No services were provided by Plaintiff. Plaintiff was required under Federal and Pennsylvania State Law to supply Defendant veith all information relative to this matter. Plaintiffs repeatedly refused to do so. Corporate Records Application Page I of 2 DOS HomeDaGe Request · New Request Free Search · Old Name Search · Orphan Search Entity Details ~si~ Entity information Entity Type PENNSYLVANIA BUSINESS CORPORATION Entity Name COMMONWEALTH FZNANCZAL SYSTEMS, INC. Entity No. 2986806 Filing Date 02/05/2001 Letl~r o~ Con~ent No ~ddress 617 KEYSTONE AV~ PECK'~LLE Pennsylvania USA [8452 C~n~ Lackawanna Juri~i~ion PA Purp~ BRO~ Limit~ No AuthoH~ Corporate Officers Updated Date President Secretary Vice-President 02/05/2001 JOHN KOTU LA JOHN KOTULA 3OHN KOTULA Instrument History Micro# Micro# Filing Doc Type Microfilm# Start End Date ARTICLES OF INCORPORAT~ON- 2001010 40 41 02/05/2001 BUSINESS Home I Site Moo I _$it__e _F_ee_dbilck [ View as Te~[.~DJyl I Emolov~q~tt Do ~u want ~ know when we u~ t~ content ~ ~r we~ite? Subs~ibe to e~e~s or Update your Sub~dot~n https://www~d~s~stat~~pa~us/C~rpsApp~C~rpsweb/Search/wfEn~ityDetai~s~aspx?EntityN~=2986~~ 8/8/03 Financial Growth Foundation Inc. A Nonprofit Consumer Advocate Association 7310 Ritchie Highway, Suite 400, Glen Burnie, Maryland 21061 (888)533-3344 Tuesday, September 23, 2003 THOMAS E LEWIS 263 TEXACO RD MECHANICSBURG,PA. 17050 Please Read This Message Re:COMMONWEALTH FINANCIAL SYSTEMS vs. THOMAS E, LEWIS Case Number: 00000457-03 . D_oll~ar~A_mount:~$_2826 Dear THOMAS E LEWIS: The named plaintiff COMMONWEALTH PINANClAL SYSTEMS have, by their attorneys, filed a lawsuit against you THOMAS E LEWIS in the court for the amount of $2826 plus interest, court costs and attorney fees. Our professionals can help you with this matter. We cannot represent you in court, but we can negotiate with the creditor to t~y to stop the trial from occurring. However, we cannot help you unless you CALL IMMEDIATELY. TIME IS CRITICAL TO STOP THIS TRIAL BEFORE THE COURT GRANTS A JUDGMENTIII. OUR TOLL FREE NUMBER IS (888) 533-3344 Call and talk to one of our professionals now while there is still time and time is money, Yours .... We are not a collection agency or a law firm we are a licensed Credit Counseling provider with the state of Maryland and specialize in assisting individuals with CREDIT, FINANCIAL, DEBT and related problems. Our goal is to help you build your credit so you can get what you want and need in the future_ WITHOUT FEAR OF REJECTION. Wh at happens ~f¥ou~dom~hir~?? T; ~E CC-t-t-t-t-t-t-t-t-t~J, .C?T-MAY ."NTER~-JUBC~,~ENT ag~i~,3t you for t,hc-f~,l amount claimed by the plaintiff. If this happens, you could be subject to a qarnishment of your wages and/or levy on your bank accounts and other property. A judgment will also appear as neqative information on your credit report and make borrowing for a car, home, boat or business more expensive if not impossible!I! IT°S YOUR CALL TO MAKE. WE CAN HELP. TIME IS MONEY. CALL US DIRECTLY AT (888) 533-3344 Proposal COMMONWEALTH OF PENNSYLVANIA County of: CUMBEKLAND M~;. Oi,t. No.: 9-3-04 D.~ N,,~: ~o.. THOMAS A. PLACEY : 104 S. Sporting Hill Rd. M¢chanicsburg, PA 17050 T~:717-761-8230 CIVIL COMPLAINT Commonwealth Financial Systems, L-~c 120 North Keyser Avenue Scranton, PA 18504 DEFENDANT: THOMAS E LEWIS 263 TEXACO RD MECHANICSBUKG, PA 17050 VS. Filing Cce~ Postage SewlceCce~ Constable Fees Amount Date Paid $ 5.o~ / $ / / $ / / Date Filed.'_ TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $2,826.32 together with Costs upon the following claim (Civil fines must include citation of the statute or ordinance Violated): The amount of $2,826.32 (File # 1007893) is due and owed for a revolving credit card issued by Providian National Bank whom the balance is in default since 08/10/2001. Commonwealth Financial Systems, Inc. purchased this account on or about 06/24/2003 and is entitled to all'rights, assignments and judgments. The Plaintiff respectfully requasts that this court grant judgment in favor of plaintiff and against defendant in the amo~mt of $2,826.32 plus court costs. I, Patricia A Cobb verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. ss 4904) related to unsworn falsification to authorities. ~.,..~ Patricia A Cobb, Esquire ~r...: 120 North Keyser Ave Tm,~:-: (570)-347-1115 Ext. 202 Scranton, PA 18504 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which i$ within district justice jurisdiction and which you intend to assert at the hearing, you must fila it on a complaint fora1 at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district Justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-3-04 THOMAS A. PLACEY 104 S. SPORTING HILL RD. MECHANICSBUKG, PA Te~epho,.:(717) 761-8230 17050 THOMAS E. LEWIS 263 TEXACO ROAD MECHANICSBURG, PA 17050 PLAINTIFF: NAME and ADDRESS 120 N. KEYSER AVE. SCRANTON, PA 18504 VS. DEFENDANT: NAME and ADDRESS r-LEWIS, THOMA8 E 263 TEXACO ROAD MECHANICSBURG, PA 17050 NOTICE OF INTENT TO DEFEND Docket No.: CC- 0000457 - 03 Date F ed: 9/16/03 J J HEARING~ CIVIL ACTION~iNG Date: 11/10/03 Time: 10:15 AM Place:DISTRICT COU~T 09-3-04 104 8. 8PORTING HILL RD. MECHANICSBUKG, PA 17050 PLAINTIFF: COMMONWEALTH FINANCIAL SYSTEMS You are hereby notified that the defendant named below has given notice of his intent to present a defense at the hearing in the above case. DEFENDANT: LEWIS, THOMAS E My commission expires first Monday of January, 2004. , District Justice SEAL DATE PAINTED: 9/19/03 3:56:39 PM AOPC 623-93 _ , , a'~.:,~'~'"-T~w",.. ,'r':~T"~""l~'~"'~~ ¢"~..,~X'~,,~-~,,,.~_,.-~-~,, ~,.~,..~.~..-..,~ .,-.,.,.,~,~,.~... rn m O~tober 6, 2003 Thom Lewis : 263 Texaco Road Mechanicsburg, PA 17050 Patncia A. Cobb 120 North Keysor Ave. Scranton, PA 18504 Re.: Docket # cv457-03 Dear Ms. Cobb; Under PA and Federal Fair Debt Practices acts, I am entitled to all reformation concerning the above referenced case. Forward everything within 30 days, to my adda'ess listed above. You are iaslmcted to stop all harassiag phone calls. You are also iastructed to stop ctismbutiag my name and uny in.formation concerning me to third patties. Any contact with me concerning this matter must come from your office, und must bo ia writing. If you are unable to have the information in my hands by Fri. Oct~ 31, 2003, I request that we agree to reschedule the heaxiag with DJ Placey, so as to .allow me 10 days to have your documents reviewed. In addition, 1 am entitled to additional information under the PA rules of Civil procedure. 1 will be · to your office by Fri. Oct. 10, 2003 by first class mail forwarding my request for Docoraents und Thiags Again, if you are unable to have the items I will be requesting in my hands by OCt. 31, 2003, I request we reschedule the heanng to allow me 10 days to have the information reviewed. USE October 23, 2003 Thom Lewis 263 Texaco Road Mechanicseburg, PA 17050 Patricia A. Cobb 120 No~th Keyser Avenue Scranton, PA 18504 Re.: Docket #cv457-03 Dear Ms. Cobb; This is to remind you that your office has not responded to my requests for documents you are required to supply me. I am enclosing a copies of previous letters, and repeating my request that you have all of the information in my hands by next Friday Oct 31, 2003. If you are unable to comply, please honor my request that we reschedule the hearing so as to allow me 10 days to review all of the documents. Sincxer~ly, Thom Lewis T1/enc U SE COMMONWEALTH OF PENNSYLVANIA ;OUNTY OF: ~ut~3~[,~) 09-3-04 :THOMAS A. PLACEY ~,.s~: 104 S. SPOP~TING HILL RD. MECHANICSBURG, PA Te~ep~o,e~{717) 761-8230 17050 Server TO: COMMONWEALTH FINAN~'-TAL SYSTEMS, INC SUBPOENA CIVIL CASE PLAINTIFF: NAME and ADDRESS r-COMMONWEALTH FINANCIAL SYSTEMS, IN~ 120 N. KEYSHR AVE. SCRANTON, PA 18504 VS. DEFENDANT: NAME a~d ADDRESS I-LEWI S, THOMAS E 263 TEXACO ROAD MECHANICSBURG, PA 17050 Docket No.: CV- 0000457- 03 Date Filed: 9/16/03 1. You are ordered by the court to come to: (Name of witness) Event: CIVIL ACTION ~a~TNG Date: 11/10/03 Time: 10:15 AM Place:DISTRICT COURT 09-3-04 104 S. sPORTING HILL RD. MECHANICSBURG, PA 17050 to testify on behalf of LEWIS, THOMAS E ~ , in the above case, and to remain until excused· 2. And bring with you the following: (complete if applicable) This subpoena is issued upon application of 9/22/03 Date ~ / My commission expires first Monday of January, LEWIS, THOMAS E 2004 WARNING: Failure to comply with this subpoena may result in a finding of CRIMINAL CONTEMPT pursuant to 42 Pa.C.S. § 4137. This offense is punishable by a fine and/or imprisonment. I1 you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the abOVe address or telephone number. We are unable to provide transportation. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMB~ 09-3-04 THOM~ A. PLACEY 104 S~. SPOI%TING HILL RD. MECHANICSBD-RG, PA (717) 761-8230 17050 Server - ! TO: K(~'uhA, JOHN J SUBPOENA CIVIL CASE PLAINTIFF: NAME af~d ADDRESS F-COMMONWEALTH FINANCIAL SYSTEMS, IN~ 120 N. KEYSER AVE. SCRANTON, PA 18504 VS. DEFENDANT: NAME and ADDRESS F-LEWIS, THOMAS E -~ 263 T~Y~CO ROAD MECHANICSBUI~G, PA 17050 Docket No.: CV- 0000457 - 03 Date Filed: 9/16/03 (Name ol Witness) 1. You are ordered by the court to come to: Event: CIVIL ACTION HEARING Date: 11/10/03 Time: 10:15 AM to testify on behalf of LEWIS, THOMAS E Place:DISTRICT .COURT 09-3-04 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 , in the above case, and to remain until excused. 2. And bring with you the following: (complete if applicable) This subpoena is issued upon application of 11/03/03 Date ~0~~ My commission expires first Monday/of danuaryi' THOMA H , District Justice SEAL WARNING: Failure to comply with th~sub~0~Da r~ay result in a finding of CRIMINAL CONTEMPT pursuant to 42 Pa.C.S. § 4137. This offense is puniShable by a fine and/or imprisonment. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. i AOPC604-02 ' ' I O~ PRINTED:il/03/03 10:51:23 AM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-6266 Civil Term : .- : CIVIL ACTION .. .. CERTIFICATE OF SERVICE AND NOW, on this 6th day of January, 2004, I, Thomas Lewis, hereby certify that I have served the foregoing Defendants Answer To Complaint by mailing a tree and correct copy by United States Certified Mail, addressed as follows: Alan R. Mege, Esq. Law Offices of Alan Mege P. O. Box C Hellertown, PA 18055 263 Texaco Road Mechanicsburg, PA 17050-2629 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : CIVIL ACTION : PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 23. Admitted. Bywayoffurtheranswer, theComplaintisawrittendocumentwhichspeaks for itself. 24. Admitted. By way of further answer, the Notice is a written document which speaks for itself. 25. Admitted in part and denied in part. It is admitted that a certified mail letter was signed for on October 9, 2003. The contents of same are denied and it is further denied that Defendant was entitled to any documents under the Pennsylvania and Federal FDCPA and proof of same is demanded at the time of trial. 26. Admitted in part and Denied in part. It is admitted that Plaintiffs did not respond to Defendants correspondence of October 9, 2003, but it is denied that Plaintiff's had such a duty to respond. 27. Denied. Strict proof of same is demanded at the time of trial. 28. Denied. Strict proof of same is demanded at the time of trial. By way of further answer, it is denied that Plaintiffs had any duty to respond to the correspondence of Defendant. 29. Admitted in part and denied in part. It is admitted that a certified mail letter was signed for on October 27, 2003. The contents of same are denied and it is further denied that Defendant was entitled to any documents under the Pennsylvania and Federal FDCPA and proof of same is demanded at the time of trial. 30. Denied. Strict proof of same is demanded at the time of trial. By way of further answer, it is denied that Plaintiffs had any duty to respond to the correspondence of Defendant. 31. Admitted in part and denied in part. It is admitted that a certified mail letter was signed for on November 6, 2003. The contents of same are denied and it is further denied that Defendant was entitled to any of the documents he requested, and proof of same is demanded at the time of trial. 32. Admitted in part and denied in part. It is admitted that a certified mail letter was signed for on November 6, 2003 It is specifically denied that John Kotula was a Plaintiff to the referenced or that litigation and strict proof of same is demanded at the time of trial. 33. Denied. It is specifically denied that Plaintiff was required under the law to provide Defendant with any documents and that Plaintiff repeatedly files false and frivolous suits and strict proof of same is demanded at the time of trial. 34. Denied. It is specifically denied that Plaintiff harassed Defendant and strict proof of same is demanded at the time of trial. WHEREFORE, Plaintiff, requests judgment in its favor pursuant to its complaint as well as such other and further relief as the Court may deem just and appropriate and further requests that the relief requested by Defendant in his New Matter be denied. By: '"'5~'~i~ J Alan~R. M~ge, Esquire Attorney for Plaintiff P.O. Box C Hellertown, PA 1805 $ 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : No.. 9546-CV-03 : : CIVIL ACTION : CERTIFICATE OF SERVICE I, Alan R. Mbge, Esquire, hereby certify that on February 10, 2004, I served a tree correct copy of Plaintiffs Reply to New Matter by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. Alan R. Mbge, E~uire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box C Hellertown, PA 18055 (610) 838-4960 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.. 9 ' 546-CV-03 VS. . : CIVIL ACTION THOMAS E. LEWIS, : Defendant : PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADING,,: Commonwealth Financial Systems, Inc. by and through its counsel, Alan R. M~ge, Esquire, hereby moves this Honorable Court for judgment on the pleadings pursuant to Pa. R.C.P. 1034 and in support thereof states as follows: 1. On December 3, 2003, the Plaintiff filed a Complaint against the Defendant in the above-captioned ma~ter alleging nonpayment of a credit card account currently owned by the Plaintiff. 2. On December 10, 2003, the aforementioned Complaint was served on Defendant and Defendant on December 29, 2003, filed his Answer and New Matter. 3. The Defendant did not specifically deny or deny by necessary implication the averments contained in paragraphs 1 through 22 of PlaintiWs Complaint. 4. Pursuant to Pa.R.C.P. Rule 1029, the Defendant's lack of specific denials are deemed to be admissions to those averments. 5. Specifically, the Defendant has admitted that: He applied for and received a Providian credit card, account number 4465-6119-0083-4981, that the use of said Providian card was subject to the terms of the Providian National Bank Account Agreement, that Defendant used the Card to make purchases, cash advances, and/or balance transfers, received account statements relative to his use of the Card, that the Providian account was sold by Providian to Unifund CCR Partners who sold the account to Plaintiff CFSI for valuable consideration and all rights under said account were assigned to CFSI, that he defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing, that this account is an Account Stated, that the Defendant has been unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff, and that pursuant to the terms of the agreement, Defendant is liable to Plaintiff in the amount of $2,977.48 plus costs and interest at the rate of 19.99 % per annam fi.om November 14, 2003 as well as reasonable attorneys fees of $989.17 6. Because of the foregoing averments in Plaintiff's Complaint and the admissions in Defendant's Answer, there exists no genuine issue as to any material fact, and judgment should be entered for the Plaintiff as a matter of law. WHEREFORE, Plaintiff requests that this Honorable Court enter judgment on the pleadings in its favor and against the Defendant, and Order the Prothonotary to enter a judgment in favor of Plaintiff and against Defendant in the amount of $3,966.65 plus costs and interest at the rate of 19.99 °A per annam from November 14, 2003. Alan R. Mbge, Esq~re Atty. I.D. #81288 Attorney for Plaintiff P.O. Box C Hellertown, PA 18055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : No.. 9546-CV-03 : CIVIL ACTION : : .CERTIFICATE OF SERVICE I, Alan R. M~ge, Esquire, hereby certify that on February 10, 2004, I served a true correct copy of Plaintiffs Motion for Judgment on the Pleadings by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. Alan R. M~ge, Esqui er( Atty. LD. #81288 Attorney for Plaintiff P.O. Box C Hellertown, PA 18055 (610) 838-4960 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-6266 Civil Term : CIVIL ACTION PETITION FOR LEAVE OF TIlE COURT TO FILE AN AMENDEI' ANSWER TO PLAINTIFF, S COMPLAINT AND NOW, comes the Defendant, Thomas Lewis, seeking permission of this Honorable Court to Amend Defendants Answer to Plaintiffs Complaint. 1. Defendant Thomas Lewis hereby respectfully request leave from the Court to file an emended Answer to Plaintiffs Complaint. Plaint~s have opposed my request for their concurrence by stating, in writing, the following: February 25, 2004 Alan Mege RE: CFSI/Citibank v. Lewis "As to your request for agreement to emend your answer, said request is hereby denied, leave of the court will be required and said motion will be opposed and may be met with a request for sanctions" 2. Defendant seeks leave of this Honorable Court to Amend Plaintiffs Answer to Complaint, to assert all affirmative Defenses allowed, to deny or admit Plaimiffs allegations, to bring New Matter to the attention of the Court, to object, and assert counter/cross claims. 3. This request is made as allowed by pA R.C.p Rule 1033. 4. Plaintiffhas made admissions, and further actions that warrant the amending of the Answer to the Complaint. 5. Plaintffi'has admired withholding information from Defendant (Plaintiffs Response to Defendants new Matter, paragraph 26, 29, 30:. 31, 32, and 33) 6. Defendant has gained new knowledge that warrants this request. 7. PlaintifFs conduct warrants review by this Honorable Court. 8. Defendant seeks the protection of this Court, by and through amending his Answer to Plaintiffs Complaint. 9. An amended Answer to Plaintiffs Complaint would not delay this matter, as demonstrated by Plaintiff's admission they have filled the same claim previously at District lustiee Thomas Placey's Office.. (a.) Plaintiffrefused to attend the hearing they requested, and ask the suit be dismissed without notif3dng Defendant. (b.) Had Plaintiffhonored their obligation to appear at their heating, with proper identification and information, this matter would have been resolved. 10. Defendant's Amended Answer would further ,expose the conduct and actions of Plaintiff, clarify the Defendants position, expediting the resolution of this matter. Plaintiff would no longer be able to refuse to cooperate, as admitted by Plaintiff.. (Plaintiffs Response to Defendants new Matter, paragraph 26~, 29, 30, 31, 32, and 33) 2 WHEREFORE, Defendants request is within the discretion of this Honorable Court, Defendant, Thomas Lewis, does seek the permission of this Honorable Court to Amend his Answer to Plaintiff's Complaint. R I espectfully submitted:~ ~ ~ Thomas Lewis 263 Texaco Road Mechanicsburg, PA 17050 717-691-7213 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS3rLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant No. 03-6266 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE AND NOW, on this 10th day of March, 2004, I, Thomas Lewis, hereby certify that I have served the foregoing Defendants Petition for Leave of the Court to File an Amended Answer to Plaintiff's Complaint by mailing a tree and correct copy by United States First Class Mail, addressed as follows: Alan R. Mege, Esq. Law Offices of Alan Mege P. O. Box C Hellertown, PA 18055 263 Texaco Road Mechanicsburg, PA 17050-2629 IlAR I 1 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant No. 03-6266 Civil Term C1VIL ACTION IN RE: DEFENDANT'S PETITION I~OR LEAVE OF THE COURT TO FILE AN AMENDED ANSWER TO PLAINTIFF'S COMPLAINT Thomas Lewis Defendant Alan Mege, Esq. For the Plaintiff. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-03 CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S PETITION FOR LEAVE OF THE COURT TO FILE AN AMENDED ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. By way of further answer, the correspondence is a written document which speaks for itself. 2. Admitted in part and Denied in part. It is admitted tlhat Plaintiff is requesting leave of court to amend his Answer. It is denied that Defendant should be allowed to amend his Answer. By way of further answer, Defendant did raise affirmative defen~es in his Answer and New Matter. The pleadings are now closed and a Motion for Judgment on t]he Pleadings was filed prior to the filing of Defendant's Petition. Additionally, Defendants failure to raise defenses in his New Matter constitute a waiver of said defenses under Pa.R.C.P. Rule 1032 Furthermore, Defendants request to add counterclaims and crossclaims is without merit, as he can proceed at a later date with any claims he has against the Plaintiff, the existence of which is denied, and as there is only one defendant, no crossclaims exist. As such, Plaintiffwill be prejudiced if said Petition is granted as the pending motion will be affected, defenses already waived may be reinstated, and additional pleadings may be required to be filed, causing further delay to the listing of this matter for arbitration. A party does not have the right to amend pleadings if prejudice will result to the adverse party. Connor v. Allegheny Hospital, 461 A.2d 600 (Pa. 1983). 3. Denied as a conclusion of law to which no response is required. By way of further answer, Pa.R.C.P. Rule 1033 is a written document which speaks for itself. 4. Denied. It is specifically denied that Plaintiff has made any admissions or if said admissions do exist, it is denied that they justify amending the Answer and New Matter. To the contrary, Defendant is merely asking the Court to amend his ,4aaswer and New Matter based on Plaintiff's Reply to Defendant's New Matter. 5. Denied. It is strictly denied that Plaintiffhas admitted withholding information from the Defendant and said allegation is both libelous and scandalous and strict proof of same is demanded at the time of trial. By way of further answer, Plaintiff's Reply to Defendant's New Matter. By way of further answer, the paragraphs referenced by Defendant merely reflect that Plaintiff admitted receiving correspondence. Plaintiff has and continues to deny the allegation that allegation that Plaintiff is required to provide Defendant with the information that he requested. 6. Denied. Absolutely no new knowledge was gained by review of the paragraphs of Plaintiff's Reply to Defendant's New Matter cited by Defendant. Moreover, Defendant has not stated what new knowledge he allegedly gained, why it justifies an amendment, or why it will not prejudice Plaintiff. 7. Denied. It is specifically denied that Plaintiff has conducted in any manner which is actionable and the allegation of same is both libelous and scandalous and strict proof of same is demanded at the time of trial. Moreover, the alleged conduct to which Defendant alleges has already been raised in his New Matter and an amendment to the pleadings Is neither required nor justified. 8. Denied. It is denied that Defendant is seeking protection of the Court or that same is justified. By way of further answer, Defendant merely seeks to annoy, harass, and cause delay. 2 9. Denied. It is specifically denied that the amendment will not cause delay. To the contrary, allowing an amendment to the pleadings will cause delay as to the previously filed Motion for Judgment on the Pleadings, as well as delay discovery, and placement on the arbitration list. As this matter is a de novo appeal from the district court, said proceedings are not relevant and cannot be considered. (A) Admitted in part and Denied in part. It is denied that Plaintiff refused to attend the hearing. It is admitted that Plaintiff requested that the district court action be dismissed without prejudice. It is further denied that Plaintiff had a duty to notify Defendant of their intent to dismiss their district court complaint. (B) Denied. It is denied that Plaintiffhad any obligation to appear at the district court hearing and strict proof of same is denied at trial. It is further denied that the matter would have been resolved at the district court level as both parties have the right to appeal to the Court of Common Pleas from a district court judgment. 10. Denied. It is specifically denied that an amendment to Defendants Answer and New Matter would expose further alleged conduct. Moreover, said alleged conduct can be fleshed out by means of discovery and presented in hearing or arbitration. It is further denied that an amendment is required to clarify Defendants position as same has been fully set forth in his Answer and New Matter. It is further denied that an amendment will expedite the resolution of this matter. To the contrary, allowing an amendment will further delay this matter as a pending Motion for Judgment on the Pleadings will be affected as well as outstanding discovery and additional pleadings will need to be filed. It is further denied that Plaintiff has failed to cooperate or that it had any obligation to provide the documentation requested by Defendant as same was objectionable, privileged, and otherwise in nondiscoverable. WHEREFORE, Plaintiff, respectfully requests that this honorable Court Deny Defendant's Motion to Amend be Denied and gant Plaintiff such other and further relief as the Court may deem just and appropriate, including, but not limited to attorneys fees. BY~i~R~~ Attorney for Plaintiff P.O. Box C Hellerlown, PA 18055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-.03 CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mbge, Esquire, hereby certify that on March 23, 2004, I served a tree correct copy of Plaintiff's Reply to Defendant's Petition for Leave of the Court to File an Amended Answer to Plaintiff's Complaint by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. By: 5"~~- ~ Alan R. MSg~ir¢ Atty. I.D. #81288 Attorney for Plaintiff P.O. Box C Hellertown, PA 18055 (610) 838-4960 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant No. 03-6266 Civil Term CIVIL ACTION REOUEST FOR RULING ON DEFENDANTS PETITION FOR LEAVE OF TH]~ COURT TO FI~E AN UNDER PA I~C.P. 206.1 through 206.7, and Defendant's duty to proceed after an answer to Petition is filed, Petitioner (Defendant) hereby requests this Honorahle Court to rule on Defendants Petition for Leave of the Court to file an Amended Answer to PlaintiWs Complaint (hereal~er referred to as Petition) based on the pleadings of the Petition, without any further depositions, filings or arguments. Plaintiff's Reply to Defendant's Petition (hereafter referred to as Plaintiff's Reply to Petition) is improper and should not be considered for the purposes of this petition, for the following reasons: 1) Plaintiff has improperly raised new matter. 2) Plaintiff has raised allegations of fact that are not of the record and failed to attach a signed verification letter as required under PA RCP Rule 206.3. 3) Plaintiffs reply contains avermems that are inconsistent in fact and failed to attach a verification as required under PA RCP Rule 1024 (b) 4) Plaintiff's new allegations of L~el, have been raised for the purposes of harassing the Defendant, are baseless, and are meant to cause dday, furthering increasing the cost of litigation to the Defendant. 5) Plaintiffs new allegations of untimely filing by Defendant ( Plaintiff's reply, paragraph 2) are new matter, irrelevant to Defendants petition, and improperly raised. B) Furthermore, Plaintiff admits to not responding to Defendants Request for Concurrence to Amend until Feb 25, 2004. (Plaintiffs Reply, paragraph 1) 15 days after Plaintiffs motion for judgment, making Plaintiff's new allegations of untimely filing by Defendant irrelevant since, as a matter of record, and Plaintiff's admission, Defendant properly filed the Defendants Petition after waiting for, and receiving Plaintiff's concurrence letter dated Feb. 25, 2004. 6) Plaintiffs reply does not state the material facts which constitute the defense of the Petition WHEREFORE, Plaintiffs reply contains no material facts that dispute Defendants Petition to Amend, does not contain a verification, and includes improper and irrelevant material, Defendant respeetfiffiy requests this Honorable Court role on, and grant Defendants Petition for Leave of the Court to File an Amended Answer to Plaintiffs Complaint, and grant Defendant protection from Plaintiff's conduct by ordering Plaintiff to reimburse Defendant for all cost incurred and entitled to by Defendant, including, but not limited to legal fees, and any relief and damages that this Honorable Court may deem just and appropriate. Respectfully submitted:Tho ~m, .~.~as Lew~~s 263 Texaco Road Mechanicsburg, PA 17055 717-691-7213 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-6266 Civil Term _. : CIVIL ACTION .- _- CERTIFICATE OF SERVICE AND NOW, on this lOth day of April, 2004, I, Thomas Lewis, hereby c, eoJfy that I have served the foregoing Request for Ruling on Defendants Petition for Leave of the Court to File an Amended Answer to Plaintiff's Complaint by mailing a tree and correct enpy by United States First Class Mail, addressed as follows: Alan R. Mege, Esq. Law Offices of Alan Mege P. O. Box C Hellertown, PA 18055 Thom 263 Texaco Ro~d Mechanicsburg, PA 17050-2629 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : No.. 6266-CV-03 : CIVIL ACTION : PLAINTIFF'S REPLY TO DEFENDANT'S REQUEST FOR RULING ON DEFENDANTS PETITION FOR LEAVE OF COURT TO ]FILE AN AMENDED ANSWER 1. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. 2. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. 3. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. 4. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. 5. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. B. Denied as a conclusion of law to which no re:sponse is necessary. To the extent that a response is required, same is specifically denied. 6. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. WHEREFORE, Plaintiff, respectfully requests that this Honorable Court Deny Defendant's Motion and gant Plaintiff such other and further relief as the Court may deem just and appropriate, including, but not limited to attorneys fees for responding to the instant baseless and frivolous motion. By:._~~ Alan R. M6ge, Esquir~ Attorney for Plaintiff P.O. l:~ox 1426 Bethlehem, PA 18016 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant : No.. 6266-CV-03 : : CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. M~ge, Esquire, hereby certify that on May 17, 2004, I served a true correct copy of Plaintiffs Reply to Request for Ruling on Defendants Petition for Leave of Court to File an Amended Answer by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. Alan R. M~ge~squt~ Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Mu~t be t~itte~ a~ su~tt~ J-~ du~l~cate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entmre caption must be stated ~ full) Commonwealth Financial Systems, Thomas E Lewis PLaintiff ) No. 03-6266 CIVIL TERM Defendant ) 1. State matter to be argued (i.e., pla/ntiff's motion for new trnal, defendant's demurrer to ccmp]aint, etc.): Defendant's Petition for Leave of the Court to File an Amended Answer to Plaintiff's Complaint 2. Identify counsel who will argue case: (a) for plaintiff: Alan Mege ;u-~ ~es$: PO Box C Hellertown, PA 18055 (b) for defendant: ~dress: Thomas E Lewis 263 Texaco Road Mechanicsburg, PA 13'055 3. I w~ 11 notify al l parties in writing withJm t~o d~ys that th3_s case been ]isted for argunent. Yes 4. Argument Court Date: June 9, 2004 May 20, 2004 At tor~ey ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-6266 Civil Term .. ,_ : CIVIL ACTION .- DEFENDANT'S OBJECTIONS TO pLAINTll~~ AND NOW comes the Defendant, Thomas Lewis, respectfully filing these Objections to PlaintiWs Motion for Continuance and states as follows: 1 ) On May 28 2004, Plaintiff filed a Motion for Continuance on the hearing for Defendants Petition to Amend his Answer to Plaintiff's Complaint (herea~er referred to as Defendant's Petition) scheduled for June 9, 2004. 2) PlaintiW s argue that one of their attorneys, Alan Mege is scheduled to appear before The Honorable Stephen Raslavich On June 9', 2004 in regard to Adversary Proceeding Number 03-1288. (Plaintiff's Motion for Continuance, p. 1) 3) Defendant respectfully submits that Plaintiffs claim of a '¥revious trial date" is inaccurate and misleading for the following reasons: A) Judge Stephen Raslavieh' s Court required a Joint Pretrial Statement be filed by May 28, 2004, for the above referenced Adversary Proceeding to be heard on June 9, 2004, and Plaintiffhas failed to file said statements. Defendant contacted Nancy Mulvehill, Courtroom Deputy to Judge Stephan Raslavich, and no Joint Pretrial Statement has been filed as required, and upon information and belief, no triai will proceed on June 9, in relation to said proceeding. The Case Administrator, Randi Janoff, also eonfarrned by phone that no Joint Pretrial Statement has been filed. Furthermore, Defendant's Attorney in this matter (Law Office's of Paul Young) also states by phone they were unaware of any trial date or argument listed for June 9, 2004. B) Plaint[films multiple attorneys, and ~tere is no legitimate reason that Alan Mege is the only attorney that could have argued either hearing. Plaintiff has simply failed to maintain a proper schedule. 4) The Defendant's Petition to Amend seeks pe~aission to bring counter claims against the Plaintiff, including claims that will expire under the statute of limitations prior to the next heating date of July 28, 2004. By allowing Plaintiff to engage in further delay, it will deny Defendants rights to file a counter claim against the Plaintiff and prejudice Defendant' s case and Defendant's Petition to Amend 5) It is a matter of public record that Plaintiff fl~es large numbers of lawsuits within the Commonwealth, under various names. There is nothing to indicate Plaintiff will be available on July 28, or September 22 for the next listed arguments, and said suits will continue to interfere with and delay this matter. 6) Plaintiff' s practice of filing multiple lawsuits against the Defendant has caused this matter to be listed for argument on June 9, 20£~1, rather than an earlier date. Any further delay would, in effect, punish the Defendant fur PlaintiWs conduct. 7) Plaintiff was aware in March 2004 of Defer?al, mt's Petition to Amend and failed to request a continuance or alternate attorney, as it should have 3 months ago. Instead, Plaintiff chose to delay said request until a week prior to the scheduled hearing. 8) Plaintifflms failed to scek Defendam's Conenrrance Prior to filing this 2 Motion for Continuance. 9) The Plaintiffhas engaged in repeated delays by tiling~ then dismissing frivolous lawsuits against the Defendant, all for the same maRer. 10) Plaintiff's frivolous filings and refusal to cooperate has already delayed this matter by over 11 momhs. 11) This matter was previously listed for trial at District Justice Thomas Placey's Office on November 10, 2003. Plaintiff refused to cooperate in said proceedings and refused to attend the trial, instead they requested the case be dropped 2 days before trial, plalntiffhas repeatedly demonstrated that they have no intention of appearing at any trial or hearing regarding this matter. Plaintiff is using the judicial system to harass the Defendant, and inflict undue burden by making a simple question of a credit card debt into an abusive, invasive and unnecessary proceeding. This matter could (and should) have easily been resolved in small claims court had Plalntiffnot refused to cooperate. 12) The Plaintiffhas previously identified Pattie'ia Cobb as it's council in this matter, clearly indicating that it has multiple attorneys and resources available to appear at the hearing scheduled before this Honorable Court on June: 9, 2004, even if attorney Alan Mege is unavailable. WHEREFORE, no legitimate reason has been bronght for Plaintiff's Motion for Continuance, and said continuance will irreparably damage and prejudice Defendant's case and petition, Defendant respeotfully request that this Honorable Court deny PlaintiWs Motion for Continuance. It is further requested that, at this time Plaintiffbe required to pay Defendant reasonable legal fees, including any punitive sanctions, relief; and damages this Honorable Court may deem just and appropriate. Respectfully Submitted By ~ ~.,,.~ :~ Thomas Lewis 263 Texaco Road Mech~aicsburg, PA 17055 717-691-7213 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL'VANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-626;6 Civil Term : CIVIL ACTION CERTIFICATE OF SERVI¢~I~ AND NOW, on this 2nd day of June, 2004, I, Thomas Lewis, hereby certify that I have served the foregoing Objections to Plaintiff's Motion for Continuance by mailing a true and correct copy by United States Certified Mail, addressed as follows: Alan R. Mege, Esq. Law Offices of Alan Mege P. O. Box C Hellertown, PA 18055 263 Texaco Road Mechanicsburg, PA 17050-2629 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant No. 03-6266 Civil Term CIVIL ACTION I, Thomas Lewis, Pro Se Defendant in the above reibrenced case, do hereby verify that the facts set forth in these Objections to Plaintiff's Motion for Continuance are tree and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to penalties of 18 PA. C.S. 4904, relating to unswom falsification to authorities. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-03 CIVIL ACTION PLAINTIFF'S MOTION FOR CONTINUANCE Commonwealth Financial Systems, Inc. by and through its counsel, Alan R. M&ge, Esquire, hereby moves this Honorable Court for a continuance and in support thereof states as follows: 1. On January 22, 2004, an order was issued by Bankruptcy Judge Stephen Raslavich in Adversary Proceeding Number 03-1288 attaching the undersigned to thai on June 9, 2004. 2. By notice dated May 20, 2004, the Office of the Prothonotary of Cumberland County sent notice that Defendant's Motion is scheduled for argument in the within matter on June 9, 2004. 3. As counsel for Plaintiff has previously been attached for trial in federal court, Plaintiff is requesting that the argument scheduled for June 9, 2004 in the within case be continued. WHEREFORE, Plaintiff requests that this Honorable Court continue the argument scheduled for June 9, 2004. Alan R. M~ge, Ee4affe Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.. 6266-CV~03 vs. CIVIL ACTION THOMAS E. LEWIS, Defendant CERTIFICATE OF SERVICE 1, Alan R. M~ge, Esquire, hereby certify that on June 4, 2004, I served a true correct copy of Plaintiff's Reply to Defendants Objection to Plaintiff's Motion for Continuance by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. Alan R. Mege~sqm~'E~ Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant CIVIL ACTION PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS And now comes Plaintiff, CFSI, by and through its attorney, Alan R. M~ge, Esquire, and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Plaintiff commenced the action subjudice by Complaint filed on December 2, 2003. 2. Defendant filed an Answer and New Matter on December 29, 2003 3. Plaintiff filed a Reply to New Matter on February 12, 2004. 4. Plaintiff served Interrogatories and Request for Production of Documents upon Defendant via first class mail on February 10, 2004. A true and correct copy of the Interrogatories, Request for Production of Documents, and Cow:rletter are attached hereto, made a pan hereof, and collectively marked Exhibit "A". 5. Pursuant to Rules 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure, Defendant's Answers to Plaintiff's Discovery requests were due: on or before March 11, 2004. 6. To date, Plaintiff has not received responses or objec'tions to either the Interrogatories or Request for Production of Documents. A period of almost four months has now elapsed since Plaintiff's Discovery requests were served upon Defendant. 7. Plaintiff requires an Order pursuant to Pa.R.Civ. P. 4019(a)(1)(i) and 4019(a)(1)(iv), compelling Plaintiff to answer the interrogatories and request for production of documents. WHEREFORE, Plaintiff, respectfully requests that this Honorable Court enter an Order directing the Defendant to Answer Plaintiff's Interrogatories and Request for Production of Documents within seven (7) days or risk sanctions, as well as such other and further relief as the Court may deem just and appropriate. A~m~ R. Mage, E~. Law' Offices of Alan M~ge PO Box 1426 70 East Broad Street Bethlehem, PA 18016-1426 -2- LAW OFFICES OF ALAN R. M GE, ESQ. P.O. Box C HELLERTOWN, PA 18055 Licensed in PA and NJ Gregg M. Feinberg, Esq. Of Counsel (610) 838-4960 (610) 838-6455 FAX AlanM_Esq @juno.com February l0,2004 Thomas E. Lewis 263 Texaco Road Mechanicsburg, PA 17050 RE: CFSl/Citibank v. Lewis 03-6266 Dear Mr. Lewis: I am in receipt of your Answer and New Matter relative ~Lo the above referenced matter. Enclosed please find our Reply and Motion for Judgment on the Pleadings. I am hopeful that this matter can be resolved amicably and would like to discuss same with you. My client has authorized me to accept either a payment plan or a reduced lump sum settlement. In the event that a resolution cannot be reached, enclosed for service upon you, please find Plaintiff's discovery. I would appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions, please feel free to contact my office. ARM/mjk Enc. Ve trul_y0urs, This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 9546-CV-03 CIVIL ACTION PLAINTIFF'S FIRST SET OF INTERROGATORIES To~ Thomas E. Lewis 263 Texaco Road Mechanicsburg, PA 17050 Pursuant to Rule 4005 of the Pennsylvania Rules of Civil Procedure, you am requested to answer the following interrogatories. You are required to answer the interrogatories fully, separately and under oath, within thirty (30) days after service hereof. In answering these interrogatories you are required to furnish all information that is available to you, including that which can be learned through reasonable inquiry. If any of these interrogatories cannot be answered in full, please answer to the extent possible and specify the reason for your inability to answer the remainder. These interrogatories are continuing in nature and require you to file supplementary answers pursuant to the Pennsylvania Rules of Civil Procedure if any information is secured subsequent to the filing of Answers, which would have been includable in the Answers had it been known or available, as soon as such information becomes known or available and in all events, prior to the trial of this action. INSTRUCTIONS 1. Where the name or identity of a person is requested, please state full name, home address and also business address, if known. 2. Unless otherwise indicated, these interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the pleading. 3. Where knowledge or information or possession of a party is requested, such request includes knowledge of the party's agents, attorneys, consultants, experts, investigators, representatives, or other person action on your behalf. When a~tswer is made by a corporation, state the name, address and job description of the person supplying the information and executing the affidavit and the source of his/her information. 4. The pronoun "you" refers to the party to whom these interrogatories are addressed and the persons mentioned in clause (3). 5. Where a minor is involved, the interrogatories am to be answered with reference to the claims of the minor. 6. Where a representative of a decedent is involved, the word "you" refers in appropriate questions to the representative and/or the decedent. 7. Unless otherwise indicated, the word "product" as used hereinafter shall refer to the product which is alleged to have caused injury or damage as mentioned or complained of in the pleadings. 8. Your answers are to be entered directly on this document and should follow each interrogatory in the space designated. If the space allotted for such answers is insufficient, you may enter your answers on the reverse side of the page or attach extra sheets. When doing so, indicate to which question number the answer is addressed. 9. "Person" means any natural person, corporation, partnership, proprietorship, association, organization or group of natural persons. 10. "Document" means all writings of any kind, including the originals and all non- identical copies, whether difference from the originals by reason of any notation made on such copies or otherwise (including without limitation, correspondence, memoranda, notes diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, interoffice and intra-office communications, offers, notations of any sort of conversations, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications, changes and amendments of m~y of the foregoing), graphic or aural records or representations of any kind (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures) and electronic, mechanical or electric records or representations of any kind (including without limitation tapes, cassettes, discs and recordings). 11. The terms "incident", "accident" or "occurrence" refer to the incident, accident or occurrence which forms the subject of this action, and for whickt Plaintiff or Plaintiffs contend the Defendant or Defendants are allegedly liable. 12. As used herein, all singular terms, unless specified otherwise, shall include the plural and all plural terms shall include the singular. 13. The headings or subheadings, preceding any interrogatory or interrogatories are for convenience only and shall not be deemed to limit, restrict or alter the content, meaning or effect of the said interrogatory or interrogatories. 14. The terms "communications", "documents", "statements", "reports" and "memoranda" do not include so much of the same which contain the mental impressions, conclusions or opinions, memoranda, notes or summaries, legal research or legal theories of any attorney for any party of record in this case and with respect to a representative of any party of record in this case, other than that party's attorney, these terms do not include so much of the same which contain his mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. 15. "Identify" or "identification" when used in regard to an individual, or natural person, means to state the individual's name and present business and home address, business and home telephone numbers, his/her present and last known business affiliation and his/her business affiliation at the time or times in question. 16. "Identify" or "identification" when used in reference to an entity other than a natural person means to state to the fullest extent possible the full name and present or last known address of the Federal, State or Local government agency, officer, entity, the principal place of business of the corporation, partnership, proprietorship, associatiion or other organization to be identified. 17. "Identify" or "identification" when used with regard to a "document" means to state the date, title, label, file number or descriptive code number, autl~or, address, if any, and persons to whom copies of the document were addressed or sent, type of document (such as letter, memorandum, chart or other descriptive term) and its present and last known location and custodian. If you claim any such document was, but is no longer in your possession or subject to your control, state what disposition was made of it and when. Documents to be identified shall include both documents in your possession, custody and control, and all other documents of which you have knowledge. 18. Each request to identify a document or documents shall be deemed a call for the identification of the original document or documents. In addition, each request to identify should be considered as calling for separate identification of all copies and, to the extent applicable, preliminary drafts of documents that differ in any respect from the original and final draft or from each other (e.g., by reason of differences in form or content or by mason of hand written notes or comments added to one copy of a document but not on the original or other copies thereof). INTERROGATORIES 1. With regard to the party or parties who is/are preparing the within Interrogatories please answer the following questions: A. State your name, address, and phone number. B. Please state the nature and place of your employment. C. Please state any aliases that you are known by. D. Please state your social security number and date of birth. 2. Please state your address, phone number(s), and place of employment during the years 2000, 2001, 2002, and 2003. A. State the name of all persons who reside at the address besides yourself, as well as their relationship to you. 3. What addresses did you reside at prior to January, 2000? A. State the name of all persons who resided at tt~e addresses besides yourself, as well as their relationship to you. 4. State whether you have ever applied for any type of credit card issued by Providian. A. List the type of card, the account numbers, the date of application of said cards, and the date of receipt of said cards. 5. List the companies with which you have ever had or currently have a credit card. 6. Did you ever file a dispute with Providian relative to the charges and amounts alleged to be owing in Plaintiff's Complaint? A. If so, when and attach copies of all correspondence. 7. State the basis for your proposition that you do not have a balance due and owing on your respective Providian credit card account. A. State whether you have filed a police complaint alleging identity theft. If so, please state when the complaint was filed, to whom the complaint was filed with and attach a copy of the report. 8. Identify all testimony, expert testimony, documents or other physical evidence that you plan to use in preparation for trial or to introduce at trial with regard to your averments that erroneous charges were made to your Account(s). 9. Describe and cite all laws, regulations, and agreements alleged to have been violated by the Plaintiff in regard to this action. 10. State the name and home and business addresses of all persons whom you expect to call as expert witnesses at the trial. 11. For all those persons named in Answer #10, state theS~r occupations, and if they specialize in any particular field, set forth their areas of specialization. 12. Set forth the facts to which each expert is expected to testify. 13. Set forth a summary of the grounds, including any text material, upon which the expert witness will rely. 14. State the name and home and business addresses of ail persons whom you expect to call as witnesses at the trial. 15. Set forth the facts to which each witness is expected to testify. 16. State the name, address, and phone number of all those that had access to your mail during the year 2000, 2001, 2002, and 2003. 17. State all home addresses, work addresses, residences, domiciles, and post office boxes maintained by Defendant. 18. State the basis for the proposition contained in Answer paragraph 5 that the Plaintiff had an obligation to supply the Defendant with account information under Pennsylvania and Federal Law. Attach copies of referenced laws or statutes. 19. State the basis for the proposition contained in Answer paragraph 11 that the Plaintiff is conducting harassment. Attach copies of all referenced documents. 20. State the basis for the proposition contained in Answ~r paragraph 11 that the Plaintiff is conducting malicious prosecution. Attach copies of all referenced documents. 21. State the basis for the proposition contained in Answer paragraph 11 that the Plaintiff has violated the Pennsylvania and/or Federal Fair Debt Collections Practices Act. Attach copies of all referenced documents. 22. State the basis for the proposition contained in Answ,~r paragraph 11 that the Defendant is not liable for the costs and fees incurred by Plaintiff relative to the prosecution of this matter. Attach copies of all referenced documents and laws or statutes. 23. State the basis for the proposition contained in Answer paragraph 32 that John Kotula, personally, is a party to the within action as Plaintiff. Attach copies of all referenced documents and/or laws and statutes. 24. State the basis for the proposition contained in Answer paragraph 33 that the Plaintiff repeatedly files false and frivolous suits and then asks that they be dismissed. Attach copies of all referenced public record documents. 25. State the basis for the proposition contained in Answer paragraph 34 that the Plaintiff repeatedly harassed and threatened Defendant. Attach copies of all referenced documents and laws and/or statutes. 26. State the basis for the proposition contained in Defendants prayer for relief that the Defendant is entitled to be reimbursed for costs incurred and/or ]punitive damages. Attach copies of all referenced documents, laws, and statutes. 27. Provide a detailed list of all costs and expenses incurred relative to the within litigation. Attach all supporting documentation. By: [ll~'l COPY Alan R. M~ge, Esquire Attorney for Plaintiff P.O. Box (2 Hellertown, PA 18055 (610) 838-4960 VERIFICATION I, , hereby state that I am authorized to answer the Interrogatories in this case. I further verify that the facts contained in the foregoing attached pleadings are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: By:. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.. 9546-CV-03 VS. CIVIL ACTION THOMAS E. LEWIS, Defendant PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS With respect to the matters referred to in Plaintiffs' C. omplaint, please note that you are directed to produce for the purpose of inspection and/or copying, the following items, all of which relate to the matter referred to in Plaintiffs' Complaint. These Items must be produced no later than thirty (30) days from the date of the filing of this request. Same may be provided by forwarding copies to this office at P.O. Box C, Hellertown, PA 18055. These requests are not directed merely to the person or party whose name appears above, but are meant to include that person's or party's agents, servants, employers, employees, investigators, attorneys, and other similarly situated to the named party or person. In addition, although the request seeks these documents within the next thirty (30) days, the request should also be deemed continuing, in that if there are any further materials which come under the purview of any of these requests which are obtained after the time of their production presently, said materials should also be furnished in accord with this request. Please produce the following if applicable: 1. Any document that you reference in an answer to an Interrogatory. 2. All bills, reports, documents and records of any nature whatsoever directly or indirectly to those charges alleged to be erroneously billed to you account(s). 3. All other writings, memoranda, data, and/or tangible things which relate directly or indirectly to the transactions and damages set forth in Plaintiffs' Complaint. 4. The Defendant's federal and state income tax retu:ms for 2000, 2001, and 2002. 5. All financial statements for defendant for 2000, 2001, and 2002. 6. Any and all reports compiled by any individual who has been retained as an expert in this matter or which you intend to use at trial. 7. Copy of any and all statements relating to the instant matter. 8. Copy of any and all statutes, code ordinances, regulations, industry or govemmentai standards of any kind relevant to this litigation. 9. Any and all relevant physical evidence which is in the possession of any party, its representatives, agents, attorneys or experts. 10. Any and all diaries kept by the Defendant and any and all other tangible material relating directly or indirectly to the transactions mentioned in Plaintiffs Complaint or Defendant's Answer. 11. All evidence that you intend to use at trial. 12. All forwarding Orders filed by Defendant with the United States Post Office since 2000. 13. All police reports or other reports relating to any allegation by Defendant of identity theft or fraud.By: Alan R. M~ge, Esquire P.O. Box C Hellertown, PA 18055 (610) 838-4960 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-.03 CIVIL ACTION CERTIFICATE OF SERVICE M~ e, Es uire, hereby certify that on June 4, 2004, I served a true correct I, Alan R. g q copy of Plaintiffs Motion to Compel by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. Alan R. M~ge, E'~quire Atty. LD. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT And now comes the Plaintiff, Commonwealth Financial Systems, Inc., by and through their attorney, Alan R. M~ge, Esq., and submits the instant Motion for Summary Judgment, and in support thereof avers as follows: 1. On or about December 2, 2003, Plaintiff filed a civil complaint to the within docket number. 2. On or about December 29, 2003, the Defendant filed an Answer and New Matter. 3. On or about February 12, 2004, Plaintiff filed a Reply to New Matter. 4. On February 10, 2004, Plaintiff propounded discovery upon Defendant in the nature of Interrogatories, Request for Production of Documents, and Request for Admissions. A true and correct copy of the Coverletter and included Request for Admissions and a Certificate of Service are attached hereto, made a part hereof, and collectively marked Exhibit "A". 5. Defendant has not responded or objected to Plaintiff's Request for Admissions or other discovery as of June 4, 2004. 6. Pursuant to Pa.R.C.P. Rule 4014(b), the matter is admitted because Defendant has not served an answer or objection upon Plaintiff within thirty (30) days of service of the Request for Admissions. 7. Pursuant to Pa.R.C.P. Rule 1029(b), the Answer of the Defendant contains admissions as the Defendant's responsive pleading did not specifically deny all the averments of Plaintiff's Complaint. 8. Defendant has admitted all averments in Plaintiff's Complaint, and, therefore, there exists no genuine issue of material fact and Plaintiff is entitled to judgment as a matter of law. WHEREFORE, Plaintiff Commonwealth Financial Systems, Inc respectfully requests that this Honorable Court grant Summary Judgment in its favor, and against Defendant Thomas Lewis in the amount of $3,966.65 plus costs and interest at the rate of 19.99 % per annum from November 14, 2003. Alan R. M~ge, Esfffi~e Atty. I.D. #81288 Attorney for Plaintiff P.O. Box C Hellertown, PA 18055 (610) 838-4960 LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. Box C HELLERTOWN, PA 18055; Licensed in PA and NJ Gregg M. Feinberg, Esq. Of Counsel (610) 838-4960 (610) 838-6455 FAX AlanM_Esq@juno.com February 10, 2004 Thomas E. Lewis 263 Texaco Road Mechanicsburg, PA 17050 RE: CFSl/Citibank v. Lewis 03-6266 Dear Mr. Lewis: I am in receipt of your Answer and New Matter relative to the above referenced matter. Enclosed please find our Reply and Motion for Judgment on the Pleadings. I am hopeful that this matter can be resolved amicably and would like to discuss same with you. My client has authorized me to accept either a payment plan or a reduced lump sum settlement. In the event that a resolution cannot be reached, enclosed for service upon you, please find Plaintiff's discovery. I would appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions, please feel free to contact my office. ARM/mjk Enc. Very truly yours, This message is from a debt collector, this is an attern~9t to collect a debt, and any information obtained will be used for that purpose. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 9546-CV-03 CIVIL ACTION REQUEST FOR ADMISSIONS INSTRUCTIONS You are requested to admitted the truth of each statement of fact hereinafter stated. You are instructed that: A. These requests are made pursuant to, inter ali_a, Pennsylvania Rules of Civil Procedure 4004, 4005, 4009 and 4014. Each matter of which admission is requested shall be deemed admitted unless your signed, written, verified response is filed and served upon the undersigned within thirty (30) days after delivery. B. If you do not admit or deny each statement, you must detail the reasons why you cannot truthfully admit or deny each in accordance with the Pennsylvania Rules of Civil Procedure. C. If you do not admit the truth of a statement and Plaintiff proves the truth, you may be required to pay the reasonable fees and expenses, including attorney's fees, pursuant to Pennsylvania Rules of Civil Procedure 4019. D. If a statement is true in part but not true in full, then answer separately as to each part. E. If your answers would be different if answered in another capacity, answer separately in each capacity. Failure to do so constitutes an admission in any other capacity. REQUEST FOR ADMISSIONS 1. Defendant applied for and received a Providian credit card, account number 4465- 6119-0083-4981. 2. Use of the Providian Card was subject to the terms of the Providian National Bank Account Agreement ("Agreement"), a copy of which was sent to Defendant along with the credit card. 3. A true and correct copy of the Agreement is attached to Plaintiff's Complaint as Exhibit "A". 4. Defendant used the Providian Card Account number ,1-465-6119-0083-4981 for purchases, cash advances, and/or balance transfers. 5. Defendant was mailed account statements relative to ibis use of the Providian Card. 6. Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 7. The within account was sold by Providian to Unifund CCR Partners ("Unifund") for valuable consideration and all fights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. 8. A true and correct copy of the Bill Of Sale is attached to Plaintiff's Complaint as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant is liable for interest on the unpaid balance at the rate of 19.99%. 11. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiff's court costs as well as reasonable attorneys fees of $989.17. 12. The aforementioned account was an account in writing and expressly or impliedly accepted by both parties. 13. The amounts due and owing to Plaintiff by Defendant is based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 14. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. 15. The services provided by Plaintiff, described above, were received by Defendant, and Defendant received and accepted the benefit of said service~ provided by Plaintiff. 16. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 17. At all times material hereto, Defendant with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 18. At all time material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and Defendant, mid Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $2,977.48 plus costs and interest at the rate of 19.99' % per annum from November 14, 2003. 20. As of November 14, 2003, the balance due and owing to Plaintiff from Defendant was $3,966.65. 21. Plaintiff has not harassed Defendant or otherwise violated any Pennsylvania or Federal statute including, but not limited to, the Fair Debt Collection Practices Act. 22. Plaintiff is not liable to Defendant for his costs, expenses, or punitive damages. By:. COPY Alan R. M6ge, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.,O. Box C Hellertown, PA 18055 (610) 838-4960 COURT OF COMMON PLEAS OF CUMBERLAND COUiNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-03 CIVIL ACTION[ CERTIFICATE OF SERVICE I, Alan R. Mbge, Esquire, hereby certify that on l~ebruary 10, 2004, I propounded upon Defendant Plaintiff's Interrogatories, Request for Production of Documents, and Request for Admissions by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-03 CIVIL ACTION CERTIFICATE OF SERVICE, I, Alan R. M~ge, Esquire, hereby certify that on June 4, 2004, I served a true correct copy of Plaintiff's Motion for Summary Judgment by mailing s~ane, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. A~73,,I~ge~uire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL : SYSTEMS, INC. : Plaintiff VS. THOMAS E. LEWIS, Defendant CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S OBJECTIONS TO PLAINTIFF'S MOTION FOR CONTINUANCE 1. Admitted. 2. Admitted in part and Denied in part. It is admitted that the undersigned is attached for trial on June 9, 2004 before Judge Raslavich in Adversary Proceeding 03-1288. It is denied that said statement is an argument. 3. Denied as a conclusion of law. A. Admitted in part and Denied in part. It is admitted that a Joint Pretrial Statement was to be filed by May 28, 2004. It is denied that Plaintiff has failed to file a Pretrial Statement. It is further denied that a hearing is not going to be held on June 9, 2004 in regard to the Adversary matter. It is further denied that Debtor's counsel is unaware of the adversary matter, as Debtor's counsel advised the undersigned that he was filing a Pretrial Statement. B. Denied as a conclusion of law. By way of further answer, the undersigned is counsel of record in both this matter and the Adversary case. Whether or not Plaintiff retains other firms for other matters is irrelevant. 4. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. By way of further answer, Defendant has has not stated how a continuance will prejudice his rights and any such allegation of prejudice is specifically denied. 5. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. By way of further answer, Defendant did not contact the undersigned to check the availability of the June 9, 2004 argument date or the July 28 or September 22, 2004 argument dates. In that regard, the undersigned currently has no conflicts with the July 28 or September 22, 2004 dates. 6. Denied as a conclusion of law to which no response is necessary. To the extent that a response is required, same is specifically denied. By way of further answer, any delay in listing the matter for argument was caused by Defendant and a continuance would not "punish" the Defendant. 7. Denied as a conclusion of law to which no response ils necessary. To the extent that a response is required, same is specifically denied. By way of further answer, it would not have been possible to request a continuance of the argument in this matter in March, 2004, as notice of the argument was not mailed un til on or after May 20, 2004. 8. Admitted. By way of further answer, due to the exigent circumstances, the fact that the continuance was needed due to a prior federal court order, and as Defendant has been wholly uncooperative and unamicable in this matter, no concurrance was :sought. Furthermore, as evidenced by Defendant having filed an Objection to the continuance, requesting concurrance would have been fruitless. 9. Denied as a conclusion of law to which no response is necessary. By way of further answer, Plaintiff has not caused any delays. 2 10. Denied as a conclusion of law to which no response is necessary. By way of further answer, Plaintiff has not caused any frivolous filings or delays. To the contrary, it is Defendant that continues to file frivolous motions and cause delay. 11. Denied as a conclusion of law to which no response is necessary. By way of further answer, Plaintiff has not engaged in any inappropriate conduct, unlike Defendant. 12. Denied as a conclusion of law to which no response is necessary. By way of further answer, Plaintiff has not had any attorney other than the undersigned enter their appearance on behalf of Plaintiff. WHEREFORE, Plaintiff, respectfully requests that this Honorable Court Deny Defendant's Objection and Grant the Plaintiff's Motion for Continuance. Alan R. M~ge, Esquire Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV--03 CIVIL ACTION CERTIFICATE OF SERVICF I, Alan R. M~ge, Esquire, hereby certify that on June 4, 2004, I served a true correct copy of Plaintiff's Reply to Defendants Objection to Plaintiff's Motion for Continuance by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. B~lan R Mbge, Esq '~e Atty. I.D. #81288 Attoruey for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 IN THE COURT OF COMMON pLEAS cUMBERLAND COUNTY, pElqNSYLVAN-IA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. No. 03-6266 Civil Term : CI¥IL ACTION ; THOMAS E. LEWIS Defendant .... ,,~,~ AND NOW comes the Defendant, Thomas Lewis, respectfully filing these objections to Plaintiff's Motion to Compel. 1) On June 9, 2004, Plaintiff was required to appear in this Court before the Honorable Edgar B. Bayley, to argue the Defendants pei~tion to Amend Answer, which included arguments relative to the above referenced Motion. 2) plaintiff refused to attend. 3) Plaintiff refused to file the required Brief'for Argument. 4) Said hearing on June 9, 2004 specifically sought Protection from Plaintiffs frivolous and improper filings, including the above reference Motions and other abusive requests from Plaintiffthrough an Amended Answer to Plaintiff's Complaint, and additional request from the Defendant. 5) The Defendants petition to Amend is {mrrently under review by the Honorable Edgar B. Bailey, and given the Plaintiff's refusal to cooperate in that hearing, Defendant respeclfully submits that the Plaintiff's Motion to Compel is improper for all of the same reasons that were presented to the Honorable Edgar B. Beyley at the hearing on June 9, 2004. 6) Plaintiff's Motion to Compel will interfere w~ith the current matter being considered By the Honorable Edgar B. Bailey. 6) Upon gran~ing°f Defendant's Petiti°n t° Amend' the Plain~ff' s 65 pages °f Motions and Requests are no longer relevant, until Defend~a~t files his Amended Answer to Plaintiff's Complaint. 6) Under PA RCP 1023.2, the Plaintiff is currently being served with the proper notifications of Motion for Sanctions in regard to fids and other filings. WHEREFORE, Plaintiff' s Motion to Compel is improper for all the above stated reasons, Defendant respectfully asks this Honorable Court to Deny Plaintiff's Motion to Compel, and allow the proceedings presently before this Honorable Court to be decided before any further motion's from Plaintiff are considered. Thomas Lewis 263 Texaco Road Mechanicsburg, PA 17050 717-691-7213 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEAL TH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-6266 Civil Term : : CIVIL ACTION : CERTIFICATE OF SERVI(~F~ AND NOW, on this 10th day of June, 2004, I, Thomas Lewis, hereby certify that I have served the foregoing Objections to Plaintiff's Motion to Compel by mailing a tree and correct copy by United States First Class Mail, addressed as follows: Alan R. Mege, Esq. Law Offices of Alan Mege P. O. Box C Hellertown, PA 18055 263 Texaco'Road Mechanicsburg, PA 17050-2629 COMMONWEALTH : FINANCIAL SYSTEMS,: INC., : Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THOMAS E. LEWIS, : Defendant : NO. 03-6266 CIVIL TEI~aM _OOP, VE__ OF COURT AND NOW, this 15th day of June, 2004, upon consideration of PlaintifFs Motion To Compel Defendant's Answers to Interrogatories and Request for Production of Documents, a Rule is hereby issued upon Defendant to show cause why thc relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 3.7sley Oler, Jr ~.~2 ' '~. Alan R. Mege, Esq. P.O. Box 1426 70 East Broad Street Bethlehem, PA 18016-1426 Attorney for Plaintiff Thomas E. Lewis 263 Texaco Road Mechanicsburg, PA 17050 Defendant, pro se irc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No. 6266-CV-03 CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S OBJECTIONS TO PLAINTIFF'S MOTION TO COMPEL DEFENDANTS ANSWERS 1. Denied. It is specifically denied that Plaintiff was required to appear on June 9, 2004. No Order was entered compelling the appearance of Plaintiff at argument court. 2. Denied. Plaintiff was unable to attend due to a conflict with previously scheduled matters. 3. Denied. Plaintiff did not file a brief as council expected the matter to be continued. It is further denied that a brief was required to be filed or that an Order compelling the filing of a brief was entered. 4. Denied. The hearing was limited to the issue of whether Defendant should be allowed to amend his pleading. 5. Denied. Plaintiffs filing is not improper. To the contrary, Defendants failure to comply with the discovery roles is improper. 6. Denied. Strict proof of same is demanded at the time of trial. By way of further answer, it is specifically denied that requiring Defendant to respond to properly served discovery will interfere with Defendant's right to amend his pleading. 6. [sic] Denied. Plaintiff's discovery is mainly in regard to matters contained in Plaintiff's Complaint and therefore is unaffected by the granting of Defendant's Motion. 6. [sic] Denied. Plaintiff has received no 1023.2 notification relative to this motion. Moreover serving any such notice is improper and made solely for purposes of delay and harassment and constitutes arbitrary, vexatious, and dilatory conduct which would justify an award of council fees to Plaintiff. WHEREFORE, Plaintiff, requests that the Defendant's Objections be denied and dismissed and Plaintiff' s request for relief be granted. Alan R. Mgge, sE~quire Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL : SYSTEMS, INC. Plaintiff No. 6266-CV--03 VS. THOMAS E. LEWIS, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. M~ge, Esquire, hereby certify that on June 25, 2004, I served a tree correct copy of Plaintiff's Reply to Defendant's Objections to Plaintiff's Motion to Compel Defendant's Answers by mailing same, first class, postage prepaid, regular mail to: Thomas Lewis, 263 Texaco Road, Mechanicsburg, PA 17050. By: ~~ Alan R. M~ge, E~quire Atty. ll.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant No. 03-6266 Civil Term CIVIL ACTION DEFENDANT,S REgPONSE TO PLAINTIFF'SiMOTION TO COMPEl. AND NOW comes the Defendant, Thomas Lewis, as a Pro Se defendant, with response to Plaintiff's Motion to Compel Defendant's ,4nswer to Interrogatories and request for Production of Documents (hereat~er referred to as Motion to Compel) 1. Denied as stated. Plaintiff initiated this action on or about September 16, 2003 in District Justice Thomas Piacey's Office 9-3~04. Heaxing was to be held on November 10, 2003. Plaintiff's refused to cooperate or attend the trial. Plaintiff's filing in this Honorable Court, as defined by forum non conveniens was specifically for the purpose of harassing the Defendant, and inflicting additional hardship, on Defendant. A. Plaintiff' s "discovery" is a continuation of Plaintiff's Forum non Conveniens and abuse of process since PlainthThad already filed in the correct Court (DJ Placey's Court), but refused to cooperate, so this suit could be filed to inconvenience Defendant. There has been no inconvenience to Plaintiff, since Plaintiffhas refused to cooperate or attend any hearings or trial. $. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947) (providing that standord for dismissal was that suit constituted abuse-of-process if designed to "vex, "'7'tarass, "or "oppress" defe~d_~tn, t). (The doctrine of forum non conveniens is a common law discretionary power that allows a court to refuse the itni~il~on ofa plaintiffs action upon its jurisdiction. In Gilbert, the Court tteht that the federal courts' use of the doctrine was necessary to protect a defendant from being harassed by a plaintiff who filed suit in a forum inconvenient to the defendant.) Plaintiff is filing multiple lawsuits and discovery to. vex, harass and oppress the Defendant in Common Pleas Court, where the Plaintiffha.,~ filed frivolous and abusive motions, at the expense of the Defendant's Pro Se status, rather than appearing in the proper venue, of District Justice Court, Where Plaintiff was ordered to attend by subpoena, (DefExhibit A) and plead their case. Plaintiff's 65 (plus) pages of frivolous and abusive filings before this Honorable Court (including improper briefs) are herein incorporated by reference. WHEREFORE, Plalntiffhas not responded to Defendants claim of Abuse of Process (forum non conveniens), as contained in Defendant's Amended Answer, under PA RCP Rule 1029, Plaintiff's failure to deny is deemed an ad,fission for the purposes of this Motion. 2. Denied as stated. On June 16, 2004 the Honorable Edgar Bayley issued a Court order allowing Defendant to file Amended Answer to Plaintiff's Complaint to which Plainfiffhas not responded, and Plalntiffis refi~sing to cooperate with. (DefExhibit B) 3. Denied as stated. Pleadings were allegedly closed on February 12, 2004, as stated by Plaintiff (Plaintiff's Motion for Judgment on the Pleadings, February 10, 2004). A. Under PA RCP Rule 1034, Plaintiff's Motion for Judgment on the Pleadings, can not be filed before or at the same time as Plaintiff's reply to Defendant's New Matter. Plaintiff's reply to New Matter was improperly filed a~ter pleadings were dosed and not admissible for the purposes of this Motion. Furthermore, Plaintiffhas NOT responded to Defendant's AmendedAnswer with New Matter as of this date. 2 Furthermore, Answer 2 is herein incorporated by reference. Plaintiffhas not responded to Defendant's New Matter or Defendant's Counter Claim, as filed in July, 2004, by order of the Honorable Judge Edgar Bayley. 4. Denied as stated. The imerrogatories and n~uests of Feb. 10, 2004 were improper, and as admitted by Plaintiff on Feb. 12, 2004, (Plaintiff's reply to Defendant's New Matter, para 26) "It is admitted that Plaintiff a~d not respond to Defendant's Correspondence, but it is denied that Plaintiff had such a du(v to do so. "there is no obligation to respond to an improper request for documents since Plaintiff stated so in court documents. Plaintiff's written staternem (2 days at, er filing "interrogatories and requests) to the Defendant and this Honorable Court, is taken by the Defendant as written permission not to respond to any improper request fi.om Plaintiff also. An obligation on one party to produce documents, but not on the other, is prejudicial. 5. Denied as stated. Defendant's Answer's were not due on March 11, 2004. 6. Denied as stated. Plaintiffreceived Defendam's objections in the form of "Defendant's Petition to .4rnend Defendant,s,4nswer,, (hereafter referred to as Defendant's Petition) on our about March 10, 2004. Defendant's Petition was argued on June 9, 2004 (which Plaintiffrefused to attend) Which specifically argued Plaintiff's misconduct in filing the abusive "discovery request's" as one of the reason's for the Amended Answer. Said Defendant's Petition was granted on June 16, 2004. 7 Denied as a conclusion of law to which no answer is required. 8. Plaintiff's Motion to compel seeks improper di~,a;overy that is protected. 9. Plaintiff's Motion to compel continues to violate PA RCP Rule 4011 No discovery or deposition shall be pertnitted which: (a) is sought m bad faith. Co) would cause unreasonable armoyauce, embarrassment, oppression, burden or expense to the deponent or any person or party. (c) is beyond the scope of discovery as set forth in rules 4003.1 through 4003.6 10. Plaintiff' s Motion to compel does not seek discovery for Defendant's Answer, New Matter and Counter Claims filed in July 2004, by order of the Honorable Judge Edgar B. Bayley. 11. Plaintiffhas not denied Defendant's "Abuse of Process" claim, under D ' efendant s Counter Claim, therefore under PA RCP Rule 1029, Plaintiff's failure to deny should be deemed an admission for the purposes of this Motion. 12. Defendant's Objections to Plaintiff's Motion to compel are herein referenced and incorporated, in there entirety. WHEREFORE, Plaintiff's requests and motion are hnproper for the above stated reasons, Defendant respectfully requests this Honorable Court to Deny Plaintiff's Motion to compel, and order Plaintiffto cooperate with the Court order date June 16, 2004 fi-om the Honorable Judge Edgar B. Bayley. Defendant further requests that, this Court grant Defendant relief fi-om Plaintiff's abusive filings and request, along with any other, punitive sanctions, relief, and danvages, including, but not limited to attorneys fees, the Court may deem just and appropriate. Respectfully Submitted By_~~.___~--~ Thomas Lewis 263 Tex~co Road Mechanicsburg, PA 17055 717-691-7213 4 COMMONWEALTH OF PENNsYL'VANIA COUNTY OFI C03~E~ Mag Dis~ NO,: 09-3-04 DJ Name: Hon. :THOMAS A. PLACEY ~o~,~s~: 104 S. SPORTING HILL RD. MECHANI CSBURG, PA Te~,~,o,,.: (717) 761'8230 17050 Server SUBPOENA PLAINTIFF: CIVIL CASE F-CO~'~/ONWEALTH FINANCIAL SYSTEMS, IN'~ 120 N. KEYSER AVE. SCRANTON, PA 18504 L _1 VS. DEFENDANT: ~-LEWIS, THOMAS E -] 263 TEXACO ROAD MECLHANICSBURG, PA 17050 L Docket No.: C~-0000457- 03 Date Fired: 9/16/03 TO: COMMONWEALTH FINANCIAL SYSTEMS, INC 1. You are ordered by the court to come to: Event: CIVIL ACTION ~R~.nr~G Date: 10:15 AM Place:DISTRICT COURT 09 - 3 - 04 104 S. SPORTING HILL RD. MECHANICSBIIRG, PA 17050 to testify on behalf of LEWIS, THOMAS i in the above case, and to remain until excused. 2. And bring with you the following: (complete if applicable) This subpoena is issued upon application of LEWIS, THOMAS E My commission expires first Monday of January, 2004. WARNING: Failure to comply with this subpoena may result in a fincling of CRIMINAL CONTEMPT pursuant to 42 Pa.C.S. § 4137. This offense is punJshabte by a fine and/or imprisonment. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone We are unable to provide transp6rtation. ~ number· AOPC 604-O2 ~ ~ · ~--..~.5~ ' COMMONWEALTH FINANCIAL SYSTEMS, INC., PLAINTIFF THOMAS E. LEWIS, DEFENDANT · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-6266 CIVIL TERM I~N RE: DEFENDANT'S PETITION FOR LEAVE OF COURT TO FILE AH _AMENDED ANSWER TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY_~.~J. ORDER OF COU~RT AND NOW, this _ /~ day of June. 2004, IT IS ORDERED that defendant may file an amended answer to plaintiff's complaint within ~wenty (20) days of this date. Alan Mege, Esquire P.O. Box C Hellertown, PA 18055 For Plaintiff Thomas E. Lewis, Pro se 263 Texaco Road Mechanicsburg, PA 17055 :sal By IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant : No. 03-6266 Civil Term ., : C/VIL ACTION .. _. CERTIFICATE OF SERV[C~ AND NOW, on this 6th day of July, 2004, I, Thomas Lewis, hereby certify that I have served the foregoing Defandam's Response to Plaintiff's Motion to Compel Defendant's · Imerrogatones and Requests for Produ~ion of Doeumants, by mailing a true and correct copy by United States First Class Mail, address{~l as follows: Alan R. Mege, Esq. Law Offices of Alan Mege P. O. Box C Hellertown, PA 18055 263 Texaco Road Mechanicsburg, PA 17050-2629 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL : SYSTEMS, INC. : Plaintiff : No. ., VS. : THOMAS E. LEWIS : Defendant : VS. : : COMMONWEALTH FINANCIAL : SYSTEMS, INC. : Defendant : 03-6266 Civil Temi CIVIL ACTION NOTICE 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 ATTORNEYS AND FILING IN WRITING WITH THE C, OURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAlL TO DO SO, TIlE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLMMED IN THE COMPLAINT OR FOR ANY 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 LEPHO 263 T~aco road Meclmnicsburg, PA 17055 717-691-7213 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS Defendant VS. COMMONViEALTH FINANCIAL SYSTEMS, INC. Defendant 03-6266 Civil Term No. CIVIL ACTION AND NOW, comes the Defendant, Thomas Lewis, makes the following Answer to PlaintiWs Complaint: 1. It is specifically denied that the Plaintiff is i?ommonwealth Financial Systems Inc. of 120 North Ke.vser Avenue_. Seranto~ PA 118504. (CFSI) By way of further answer, the signer of the verification letter attached to Plaintiff's complaint, Patricia Cobb, is employed by Northeast Credit and Collection of 120 North Keyser Avenue, Scranton PA 18504 (NCC), and has testified to the same. 2. Admitted WHEREFORE, the Plaintiff's have misrepresented themselves to this Honorable Court and the Defendant, in violation of PA RCP Rule 2177 (An action shall be prosecuted by or against a corporation or similar en#ty in it's corporate name) and under Title 15, chap 41, subchapV, sec. 1692e(14) of the US Code(Federal Fair Debt Trade Collections Practices Act. (Sec. 1692e: the following shall be a violation of this section: (14)the use of any business, company, or organization other than the true name of the debt collectors business, company, or organization). Defendant, Thomas Lewis, respectfully requests this Honorable Court dismiss all counts of Plaintiff's complaint, with prejudice. BREACH OF CONTRAC'F 3. After reasonable investigation, the Defc~ndant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, Plaintiff was under legal obligation to supply this information to Defendant, under Fair Debt Collections Trade Practices A~s, and repeatedly refused to do so. By way of further answer, this information was properly subpoenaed from Plaintiff by Defendant on Sept. 22, 2003, to which Plaintiff refused to cooperate. (Defendant's Exhibit ^) 4. It is specifically denied that Plaintiff's '~Pla~ff' s Exhibit A" is an agreement between Plaintiff and Defendant that has ever been sen~ to the Defendant. By way of further answer, neither Plaintiff's nor Defendant are parties to "Plaintiff's Exhibit A". By way of further answer a tree and correct copy of Providian Financial credit card agreement is attached by Defendant (Defendant's Exhibit B, pg 1 and 2) which clearly shows that any agreement would have the Defendants name and account number specifically stated, and ''Plaintiff's Exhibit A" does not. '?Laintiff's Exhibit A" is not related to Defendant in anyway. 5. Denied as stated. Plaintiff repeatedly refused to supply accoum 2 information they are required to provide under Pennsylvania and Federal law that would provide Defendant with response to the averment. 6 It is specifically denied that Defendant has ever received account statements from Plaintiff through the mail. By way of further answer, paragraph 5 is herein incorporated by reference. 7. It is specifically denied that Defendant has defaulted under the terms of Plaintiff's "PlaintiWs Exhibit A" agreement. 8 Specifically denied. Defendant has no knowledge of any transactions between Plaintiff, and '~Jnifund". PlaintiWs Exhibit B" fails to identify any connection to Defendant. 9. It is specifically denied that Plaintiff may make any declarations. By way of further answer, Plaintiff CFSI is not a party to the agreement. 10. It is specifically denied that Defendant is liable. 11 It is specifically denied that Defendant is liable for any court cost or attorney fees. By way of further answer Plaintiff's "legal f~'s and court cost" were incurred through misconduct of Plaintiff and Plaintiff's multiple attorneys. Defendant is entitled to damages and relief from Plaintiffs conduct. 12. It is specifically denied that any mount is clue or owed Plaintiff. WHEREFORE, the Defendant, Thomas Lewis, respectfully requests that this Honorable Court dismiss Count I, with prejudice. 13. Denied. The answers to paragraph 1- 12 are herein incorporated by 3 reference. 14. It is specifically denied that the "within aceount" is a 'N~nitten account" that has been accepted by either pan'y, implied or expressly. 15. It is specifically denied that any amount is due or owed Plaintiffby Defendant for any subsisting debt or preexisting account or course of dealing between the parties. By way of further answer, no goods, services, moneys or other transactions have ever occurred between Defendant and Plaintiff, except for Plaintiffs harassment and misuse of the Courts. 16. It is specifically denied that any account stated exist or has ever existed between Defendant and Plaintifi~. It is specifically denied that any amount is due Plaintiff, and denied as a conclusion of law. WHEREFORE, the Defendant, Thomas Lewis, respectfully requests that this Honorable Court dismiss Count II, with prejudice. 17. Specifically denied. The Answers to Paragraphs 1-16 are incorporated herein by reference. 18. It is specifically denied Plaintiff has provided any services, or that Defendant has received any service from Plaintiff. It is specifically denied that Plaintiffs have ever provided any "benefit of said services". It is specifically stated that no goods, services, moneys or other transactions have ever occurred between Defendant and Plaintiff; except for Plaintiffs harassment and misuse of th~ Courts. 19 Specifically denied. The Answer to Paragraphs 15, 16, 17 and 1 $ are 4 incorporated herein by reference. 20 It is specifically denied that Defendant ever "permitted" plalnfiffto provide any service. It is denied that Plaintiff has any information about any knowledge the Defendant may or may not have. As way of further answer, Plaintiffs "damages" are specifically incurred from Plaintiff's misconduct and abuse of process. 21 It is specifically denied that Defendant was unjustly enriched and that Plaintiffhas not received fair and reasonable compensation. It is specifically denied that Defendant has received or retained any benefit from Plaintiff As way of further answer, Plaintiff never supplied any service to Defendant for which there needed to be any reimbursement to Plaintiff. 22 It is specifically denied that Plaintiffhas produced any contract, implied or otherwise that is relative to this proceeding. It is specifically stated that any contract that would have existed between Plaintiff and Defendant would have been voided by Plalmiffs misconduct. WHEREFORE, Plaintiffs have not produced any contracts or documents that connect the Defendant, Thomas Lewis, to any matter before this Court, Defendant Thomas Lewis respectfully requests that this Honorable Court dismiss all Counts of this complaint, with prejudice. 23. Patricia Cobb has signed a verification letter saying she is an employee of Plaintiff, Commonwealth Fin~cial Systems, Inc. 24. Cobh is actually an employee of Northeast CnxlR and Collections and has 5 testified to such. 25. PlaintiWs Complaint para 7 is hereby incorporated by reference. 26. Plaintiff admits the alleged debt was in default, prior to June of 2003. "The legislative histoD,' of section 1692a(6) [which defines 'debt collector'] indicates conclusively that a del'g collcctos' &~,~s not include ~.. mi assignee of a debt, as long aa the debt ~a.~ not in det~nl! at file lime il was assigned? Peltry v. Stewart Title Co.. 756 F.2d 1197, 1208 (Sth Cir. 1985), citing S~ Rep. No. 95-382.95th Cong, Ist Sess. 3. reprinted in 1977 IJSCCAN 1605. 1698. Conset~l), the assigs~ee of a debt which is in default at the time of assignment is a "debt collector." if the assignee's principal pnrpo~ ig the collection of debts, or file assignee regularl.~ engages in the collection of debtg. 27. Plaintiff CFSI is a debt collector as defined under Title 15, chap 41, subehapV, see. 1692a of the US Code, Federal Fair Debt Colleetion Practices Act. (FFDCPA) and Pennsylvania FDCPA 28. Plaimiff's "council" Patricia Cobb (Cobb) is a debt colleetor as defined under Title 15, chap 41, subchapV, sec. 1692a of the US Code, Federal Fair Debt Collection Practices Act. (FFDCPA) and Pennsylvania FDCPA 29. Plaintiff's "council" Alan Mege (Mege) is a debt collector as defined under Title 15, chap 41, subehapV, see. 1692a of the US Code, Federal Fair Debt Collection Practices Act. (FFDCPA), by Mege's own letter head, and Pennsylvania FDCPA 30. Plaintiff's sole incorporate, John Kutola (Kutola) is a debt collector as defined under Title 15, chap 41, subchapV, see. 1692a of the US Code, Federal Fair Debt Colleetion Practices Act. (FFDCPA) and Pennsylvania FDCPA 31. Any alter ego of CFSI, Cobb, Mege, or KtCtola operating legally or otherwise in the State of'Pennsylvania, including but not limited to "Northeast credit and Collections", and any other fictitious unregistered fictitious name are also defined as debt collectors under Title 15, chap 41, subchapV, of the US Code, Federal Fair Debt Colleefion Practices A~t. (FFDCPA) and Pennsylvania FDCPA. 6 32. FI)CPA 33. Paragraph s 23 through~20' are regulated and liable under FFDCPA and PA Plaintiff has violated PA RCP Rule 2177 (An action shall be prosecuted by or against a corporation or similar entity m it's corporate name) and Title 15, chap 41, subchapV, sec. 1692e(14) of the US Code (Sec. 1692e: t~ foilowing shall be a violation of this section: (14)the use of any business, company, or organization other than the true name of the debt collectors business, company, or organi, axtion), by pretending to be both CFSI and NCC. 34. Defendant Lewis asserts the affirmative Defense of Fraud, as detailed in paragraphs 33 through 36 and 62 through 72. 35. Plaintiff' s Claim is based on attorney fee' s that Plaintiff alleges they are entitled to. Plaintiff's Complaint (paragraph 11 ). 36. Plaintiffs attorney fees are a result of Plainltiffs flagrant refusal to cooperate in Plaintiff's original lawsuit. Plaintiff's current lawsuit is strictly for the purposes of incurring additional 37. legal fees. 38. 39. Said conduct constitutes fraud and abuse of process. PlalntLffhas brought this suit in the incorrect venue, under the definitions on forum non conveniens, Plaintiff refused to cooperate ha District Justice Court (the proper venue), only so they could harass the defendant in Common Pleas Court with a more abusive and invasive suit. 40. Plaintiff alleges they are a party in an agr~ment. (Plaintiff's Exhibit A) 41. There is an Impossibility of Performance, since Plaintiff is not a legally registered financial institution, and can not meet the terms of"plalntiff's Exhibit A" even if they were a party. 42. There is a "Lack of Clean Hands" by Plaintiff in refusing to abide by state and federal law in relation to debt and consumer protection, and in refusing to cooperate in there own legal proceedings. 43. Plaintiff has slandered and defamed the Det~ndant through their misuse of the court. Example: (Plaintiff's reply to Defendant's Objections to Plaintiff's Motion for Continuance) Paragrceph 11 "... Plaintiff has not engaged m any inappropriate conduct, unlike Defendant' Paragraph 10 "...it is the Defe _rgJ_nn_ t that continues to file frivolous motions and delays" All unsubstantiated, unverified and false allegations of the Plaintiff. Said allegations are impertinent and scandalous matter. Under Title 15, chap 4.1, subchapV, sec. 1692e (7) of the US Code, (FFDCPA) Plaintiff.is prohibited from: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (7) The false representation or implication that the consumer committed arty crime or other conduct in order to disgrace the consumer. 44. Plaintiffhas acted in bad faith, through misuse of the courts, harassment, slander and fraud, as specified in Defendants New Matter and Counter Claim.. 45. Plaintiff has not meet the burden of proof on any count of this complaint. 46. Plaintiff has failed to state a claim upon which relief can be granted. 47. There is a lack of jurisdiction over Plaintiffs "contracts" (plaintiff exhibit A and B) since they are not contracts or agreements between Plaintiff.and Defendant. 48. There is a laok of capacity to sue for enforcement on any provision of Plaintiff's "Exhibit A or B" 49. Under PA RCP 1019 (i), Plaintiff has not al~ached a true and correct copy of any agreement or writing, and has not stated that the v~iting is not available to the Plaintiff 50. Defendant HAS attached a tree and correc~ copy of a written agreement used by Providian Financial, which specifically includes all account information, and refutes Plaintiffs Exhibit A. COUNTER/CROSS CLAgMS Defendant, Thomas Lewis now makes the followirtg counter/cross claims against the Plaintiff, for damages, punitive, and equitable relief. 51. On September 16, 2003 Plaintiffs filed a baseless and frivolous civil complaint in District Justice Thomas Placey's Office 9-3-(gk (Defense Exhibit C) Hearing was to be held on November 10, 2003 52. Plaintiff's "Attorney of Record" was Patri¢,4a Cobb. 53. Cobb and Plaintiff refused to cooperate at all points in the proceeding in violation of PA Rules of Professional Conduct. 54. Plaintiffs were served with Notice of Intent To Defend. (Defense Exhibit O) 55. Plaintiffs were served by Certified Mail ami signed for on October 9, 2003, a letter asking for all documems Defendant was entitled to under Pennsylvania and Federal 9 Fair Debt Practices Acts. (Defense Exhibit E) 56. Plaintiffs refused to respond. 57. Plaintiffs were sent First Class Mail on Oct 8, 2003 asking for documents, including all documents Defendant was entitled to under Pennsylvania and Federal Law 58. Plaintiffs refused to respond. 59. Plaintiffs were Served by Certified Mail, and signed for on October 27, 2003, a letter reminding them of their legal obligation, and copies of all previous correspondence since September 16, 2003 asking for all documents Defendant was entitled to. (Defense Exhibit F) 60. Plaintiffs refused to respond. 61. Plaintiffs were properly served with a Subpoena, by Certified Mail, and signed for on November 6, 2003 demanding they appear ~[t the hearing they had requested, with copies of all Documents Defendant was entitled to. (Defense Exhibit G) Plaint~s made no objection to service or content of the subpoena alt the time, therefore no objection can be claimed now. 62. After Plaintiff's council (Cobb) refused to ceoperate in said proceedings, Plaintiff John Komla (sole officer of the Plaintiff Corporation) was properly served with a seperate Subpoena, ( as allowed by PA RCPDJ Rule No.207 Corporations may be represented by their officer or council. ), by Certified Mail, and signed for on November 6, 2003 demanding that he appear at the heating they had requested, with copies of all documents Defendant was entitled to. (Defense Exhibit HD. PlaintiffKutola made no objection to service or content of the subpoena, therefore no objection can be claimed now. 10 63. Plaintiffs asked the case be dismissed on November 8, 2003, and have never provided any document they are required to under law. According to public record, Plaintiff repeatedly files false and frivolous suits in Pennsylvania Courts, then ask they be dismissed. Plaintiffhas falsely accused over 100 people of owing money in Scranton Pa, alone. Under Title 15, chap 41, subchapV, sec. 1692k (b) (1) of the US Code, Federal Fair Debt Collection Practices Act. (FFDCPA), Factors cormder by the court: in any individual action under sub~ection (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; 64. On our about 6:20 PM Oct, 2, 2003, the Plaintiffdid make an obscene and abusive phone call to defendant that stated "Hey Tommy, this is Cliff, I'll see you in eourt, you fucker.....you did get our little note from the DJ, didn't you? 'ha, ha, ha, ha'" WHEREFORE, Plaintiff did maliciously engage in the above describe conduct, Defendant Lewis does seek, $10,000 in damages, punitive and equitable relief for Plaintiff.s describe Abuse of Process. 65. Plaintiff's CFSI did engage in a scheme to defraud the Defendant through misuse of the Courts. 66. Paragraphs 50 through 64 are herein incoq~orated by reference. 67. Between Sept. 16, 2003 an Sept 22, 2003 Plainti"~did "advertise and distribute" the information from the frivolous lawsuit in paragraph ~ to third parties, who have an established business arrangement with the Plaintiff. 68. Said third party, (Financial Growth Founchffion, hereai~er referred to as 11 FGF) did contact the Defendant Lewis with an offer to "resolve" the lawsuit with Plaintiff CFSI. (Defendant's Exhibit I, pg 1 and 2) 69. Said offer constitutes an offer of legal services regulated by the PA Bar and Supreme Court of Pennsylvania. 70. FGF or CFSI is not authorized to practice ][aw in Pennsylvania. 71. Said offer included fees for the resolution cffthe suit. 72. Said fees and moneys were to be split, by Plaintiff CFSI and FGF WHEREFORE, Plaintiff did maliciously engage in the above describe conduct~ Defendant Lewis does seek, Defendant seeks $10,000 in damages, punitive and equitable relief for Plaintiffs describe Abuse of Process. ABUSE OF PROCESS AND INTENTIONAL INFIJCTION OF EMOTIONAL 73. Paragraphs 23 through 72 are herein incorporated by reference. 74. Plaintiff did maliciously file this civil suit in Cumberland County Court of Common Pleas in retaliation (Docket 03-6266) for Defendant legally defending himself from Plaintiff's abusive conduct. 75. Paragraph's 34 through 39 are herein incorporated by reference. 76. Plaintiff's did improperly file repeated motions and pleadings to harass and oppress the Defendant. 77. The entire Docket (03-6266), all pleadings and motions by the Plaintiff, including multiple briefs and preacipes, up to and including July 6, 2004 are hereby incorporated by reference. 12 78. Plaintiff and Plaintiff's attorneys have refused to attend all hearings and trials in regard to this matter. WHEREFORE, Plaintiff did maliciously engage in the above describe conduct, Defendant Lewis does seek, Defendant seeks $10,000 in damages, punitive and equitable relief for Plaintiffs described Abuse of Process. 79. Paragraphs 23 through 78 are herein incorporated by reference. 80. Under Title 15, chap 41, subchapV, sec. 1692a of the US Code, Federal Fair Debt Collection Practices Act. (FFDCPA) and Pennsylvania FDCPA Sec. 1692d. -Harassment or abuse: .4 debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection ora debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The use of obscene or profane language or language the natural consequence of which is to abuse t~e hearer or reader. (3) The publication ora list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 168 la09 or 1681 b(3) of this title (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continaous!y with intent to annoy, abuse, or harass any person at the called number. 81. On or about July 21, 2003 at roughly 12:45 PM Plaintiffdid make 3 consecutive repeated harassing and obscene phone calls to defendant, identifying himself as "Wes" from NCC. 82. On or about July 22, 2003 at roughly 11:03 AM Plaintiff did make 3 13 consecutive repeated harassing and obscene phone calls to Defendant, identifying himself as "Joe" from Commonwealth Financial. 83. On or about July 22, 2003 at roughly 1:20 PM Plaintiff did make 3 consecutive repeated harassing and obscene phone calls to Defendant, idemifying himself as "Cliff" from Commonwealth. 84. On or about July 23, 2003 at roughly 12:04 PM Plaintiff did make 2 consecutive repeated harassing and obscene phone calls to, defendant, identifying himself as "Joe" from NCC. 85. On or about July 24, 2003 at roughly 10:5'.i AM Plaintiffdid make 2 consecutive repeated harassing and obscene phone calls to defendant, identifying himself as "Wes" from NCC. 86. On or about July 28, 2003 at roughly 4:32 PM Plaintiffdid make 2 consecutive repeated harassing and obscene phone calls to defendant, identifying himself as "Cliff" from Commonwealth Financial. WHEREFORE Plaintiff's conduct violates PA and Federal Fair Debt Collections Act, and under said acts, Defendant Lewis is entitled to relief of $1000 per violation Under Title 15, chap 41, subchapV, sec. 1692k of the US Code, (civil liability), including damages incurred by plaintiff's abuse of Process, Defendant Lewis ask this honorable Court to find in Favor of the Defendant Lewis, and award Lewis $5000, plus reasonable legal fees, and any other relief that this Honorable Court may deem just and appropriate. HARASSMENT BY FAILURE TO PROVIDE REQUIRED I)OCUM'ENTS UNDER FEDERAL and PA i~AIR DEBT COl.! ,EC'TIONS PRACTICES ACT. 87. Paragraphs 23 through 86 are herein inco~0orated by reference 88. Plaintiff was obligated under Title 15, chap 41, subchapV, sec. 1692g of FFDCPA end PA FDCPA to supply information relative to this matter and refused to do 14 SO. FDCPA. A cause of action exists under Title 15, chap 41 of FFDCPA and PA WHEREFORE Plaintiff's conduct violates PA and Federal Fair Debt Collections Act, and under said acts, Defendant Lewis is entitled to relief of $1000 per violation Under Title 15, chap 41, subchapV, sec. 1692k of the US Code, (civil liability), including damages incurred by plaintiff's abuse of Process, Defend~at Lewis ask this Honorable Court to find in Favor of the Defendant Lewis, and award Lewis $10,000, plus reasonable legal fees, and any other relief that this Honorable Court may deem just and appropriate. WHEREFORE, Plaintiffs CFSI have engaged in a Course of Conduct that includes Harassment, Abuse of Process, Violations of Consumer Protection Law, and Fair Debt Practices ACts, Defendant, Thomas Lewis, Requests this ltonorable Court dismiss Plaintiffs complaint, on all counts, with prejudice, and order Plaintiffs to reimburse Defendant for all cost incurred and entitled to by Defendant. Furthermore, Defendant Thomas Lewis, does ask this court to find in favor of the Defendants counter suit in the mount of $45,000 plus costs and fees. Defendant also asks the Court to bar any further harassment of Defendant by Plaintiffs, including any punitive sanctions, relief, and damages the Court may deem just and appropriate. Respectfully Submitted By Thonms Lewis 263 Texaco Road Mechanicsburg, PA 17055 717-,691-7213 15 COMMONWEALTH OF PENNSYL'~/ANfA' COUNTY OF: 09-3-04 :THOMAS A. PLAC. EY 104 S. SPORTING HILL RD. MECHANI CSBIIRG, PA ..... (717) 761-8230 17050 TO: CO~ONWR. a¥.TH FINANCIAL SYSTEMS, SUBPOENA CIVIL CASE rCOMMO~5~,ALTH FINANCIAL SYSTEMS 19.0 N. KEYSER .AVE. SCRANTON, PA 18504 VS. F-LI~WIS~ THOMAS E 263 TEXACO ROAD M]~,CHANICSBURG, PA 17050 ,[Decket No:: CV-0000457- 03 lOate Filed: 9/16/03 INC 1. You are ordered by the court to Come to: Event: -' CIVIL ACTION w~.a~vNG Date: 11/10/03 Time: 10:15 AM Place:DISTRIC'T-COIIRT 09-3-04 104 S. SP6HTING HILL RD. MECHANICSBURG, PA'17050 to testify on behalf of LEWIS, THOMAS E , in the above case, and .t6 remain until excused 2 And bring with you the following: (complete if applicable) · This subpoena is issued upon application cf LEWIS, THOMAS E 9/22/03 Date ~ ~. ~~'I , // My commission expires first Monday of January, 2 004. WARNING: Failure to comply with this sdbpoena may result in a'finding of CRIMINAL CONTEMPT pursuant to 42 Pa.C.S. § 4137. This offense is punishable by a fine and/or imprisonment. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Cou~ and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. _ AO_PC__6_04-0~2 ...... WC~'RN. 2R.Z~,"~ED: .CL/~?.,2J_0~._ 1: 3 5 14 6_ PM PROVIDIAN ,,~P' ~ Financial ProvidienNationaiBankVlSA®~Maste~Card~ ~ ,~J~' Accounl Agreement for Ga~y W Adams ..= ~..,... ~ i .1~. ~ ~ ?' Februat~ 25, 2000 ~Rl'll I:ll/------~ · Please ru~ew this document and keep it with your other important papam, fh~s Accounl A~,reement centa?s th.e, terms which govern your Prowdian National Bank VISA or MasterCard Account (the 'Accounl') The Aouounl aik)ws you to m~e I~rcheees by using your VIS'A c~ M~starvard card (the Card wharevar it is honored and to gel cash advances from us or any other parbcipat~ng h~anci:~l instit~n and from Authmafnd Taller Machines. Convenience checks may also be provided to you as an additional way to use the Account th this Agreement, 'you' and 'you~ mean each person o whom we have o~ened a credit card Account. "We ' 'our ' 'ours ' and "us' mean Providian NatioeaJ Bank or its assignees, as listed on your billing statement The Account may be use,~ ,tory [or personal famdy he, soho!d, and charitable purposes, and not for any business or nommerciai purpose, Any use of this Account shall constitute acceptance of the terms et th~s Paym(nts. You will receive a monthly statement showing your outstan(~ng balance, Payment on this Account is required in u,s. dpllars (~ecks musl be payable at a US office Gl the bank the che~k s ~awn on) fox al least the payment due ~ shct~n on your statement by the payment due date m ac~,ordanca w~th payment instructions on your monthly statement· ]'he back o~ your sb3[ement~ shows the ru~s we is!low when we ,.p?t payments. Convemen~e checks and other checks we ~ssue to you may not be used to make pa~/menta onyour Account or to ma~e payments on any o~e~ account you have with us or our affi~atex. The L:~ymen{ due w~ll be: 2% of t~s new balance shown on your statement plus th? amount oran~ past (t~e payment, and may ~naiu~ the amoun by which the now beJenca exceeds your credit ~ne. moweear the pay[~l~n[ due will not be less f~n $1~ (Hntass your new he,anco,ts lee.s, than $1a, in ,wi)ich case, the payment .due wi~ be the ~ o the new halenco). If your Account is past due or abov~ t~e cradt I~ne, we may require a h~ghar mu,mum 3ayment, but we.w~lt notsy you before suing so. ~r ye. ur pa,/men! ~s more thar the payment due, il will be b'eatad as a single payment and none o~ ~ W~II be al~he~l to future payments due. We may aocept ~ata or ps,iai paymenla, or payments marked ba*d m full or ma'ked with othe~ resthct~ono, ~thout being o~' ~ght to cd!ecl ail amounts owing unoar th~s Agreement. Finanl:e Charges. Except as deeorbed in the Grace Pel~od fei' Pui'ch~$e Balance section of this Agrbemenl, fi~anc? charges begin I,o ecorue, on, a deb!t wbefi it is incl~ded~in ope o~ )~o~Jr daily ba~.,nc~ and con~nue until that be~ is reduced by a payment o~ ~radit. Yo~r Account has the following, balances: rhe Purchase ~a*ance. ?men cor~sts o~ your existing h'urcnase ~,aiance and new purchaseeyou maJ(e with your Ca'd and fees for cartan optional sav~cex; one or more ¢~l~r~ uash ,~dvance Balances. which consists of balances that you trapslar to your Account using ba~,nce trans[a' checks and ha~ that we transfer f~ you; and the ~sh,Advance ~alance which consists o~' all o~be[.cenh a~veneas and cash advance trans~chon..fees. A~y payment amount wo receive that exceeds the ~mce cha~ges and ieee then due will ordinarily be apph~ first to the Balance wgh Ihs [~w~st Annual Percentage, Rate (API~), unts that ~lagce ~s zero, and then tc t?~ Balance with the next lowest APR, one thai Ba~ is zero, and then to any remaining Balance Wa reserve the nght Io apply payments di~eranfly w~thout further nchce The Purchase Custom Cash Advance and Cash Advance Balances are reduced by payments as of the date received and by credits as of tho ~ta posted~ Purchases are included in your Purcm~se Balance as o~ the date made. Custom cash advances are included in yau~ Cus om Cash Advance Balance as follows: funds elecb'on~calJy transmitted to othe lands s to frans fe balances, as of the date transmitted; checks to tmas far balances, as o~ the date presented to us, Other cash advances are included in y?ur C~Ch Advanc~ Balance as followsI cash advances fi'om other fmanoia nstitut~ and through Automated T~s as of the date made; cash advance checks mada~;~yable t~ you t~at are ~entified as casfaefs checks and mailed to you at your requ,~sl, as of seven days after the data we print o~ the chen.k; all other cheeks, as.of the date presented to us, Other debris are ~ncluded ~n your Purchase, Custom Cash Advance, or Cash Advice ~atance as of the date posted. Finance charges are added to your Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the b~lling ~cie. The,re is no grace period for custom cash advances ~ other cash advances. ,' To f~g ure tho daily rmenca charge for each type o~ BaJanea, we stat with your previous days Balance, pdd all dab[ts anti s~tract all !:radla for he. currant ,~.. ), and multip~.t,he net am, aunt b~,the appilc~b[e daily periodic rate (see following parag~). The finance charge for,' eee~ type of Balance ~s then added to andl~Icluded m that day s uaiance, w? ti'ea,t a ,c,r,,.eat mia,hca, ~' e,~ ~y ze~e ~,'~ datarmthe the total finance charges on balances ~ the billing cycle by adding together the finance charges for each ~pe of Bela. nco !?r each day w~!h~n the m,ng ?~e. ~n calou..~tmg fir~-r~,ce charges an acius[men w be made fa' any transaction or.payment that would hay? affected Ihs finance chargs c~lculahon ia a pncr b~isog nyde ha~ it been posted m that cycle, ihs ap~l~c~ie dally penodc rate fa' such a treneactJon w I be the rate m affect fo[ he ourren b~llmg cycle m her ~sn the r~[ e ~n effect on he dale of lhe lransechon Yo~ st~emen nc udas an average dagy balance ~or each type of Baisnce. You Cen multiply each avara~e dairy batanc~ t)at is not zero by the number el days in t,he billing cycle and the peri,:to rate to c~tain s~btotala, and then add the subtotals together to detorm*ne your total finance charges on balances fo=' the b~lhng cycle. II a cash advance transachon ~ee ~s charges, that amount also a fi~ance charge ?he ANN~AL PERCE.~A'AGE RATE (APR) for purchases is 21.9%, corresp~d~n~ to a daily periodic rate of 0.06000%. The ~J,~tlUAL PERCENTAGE RATE f~ cash advanoe~ la 23.9%, cc~'aspondng th a daily perindic rate of 0.06548%, ff you~ payment la received tste twice in any 12*,mmth pelbd, a' if you th¢~ificanW noreaea your total unsecured debt (as explained in t~ CREDff REVIEW paragraph below), the AFR for purchases may ncrease, bu will no exceed 23.9%, c~wespondng to a oa~ly park)dc rate o!(~.06548% and the AFR k)r caen advances and custar~ cash advances may increase, ,b?t w~lJ not exceed 25.9%, corresponcrmg to a dally pariodc rate of 0,070~6%, Your Account may be ehgible for lower APRs after you have met the terms of Ih~s Agreement Io¢ three mo~the. ~r you con~act us, we will review your Account ~o determine you~ e~gibgity fo{ bwer APRs. CREDIT REVIEW: SPEC~.L REQUIREMENT. You agree not to significantly in,crease your total u~secured debt. Your APR can thcraese (as explained above) based on a s~gnif~cam ~creeca unsecured debt, if your thtai unsecured da3t and your total unsecured doth w~th other lenders each mcraacas by more that~ ~5,000 and your annual household Income ~s less than four times yo~ Grace Per od for Purcha~ B~danoe. New purchases posted to your Acnounl in billing cycles with no previous belanea, or when the previous balance was fully paid during the cycle, do nol begin to incur a ~nance cha~ge una the stat si the next billing cycle. You will bay no finance charge on such new p~mbases if you pay the total new balance i~ full by the paymenl due date shown on your statement, ~ ~ posted in any other bil[iog cycle incur a finance charge, andthere is no period in wh~J[ s~ch purchases may be roped wfihoul ~ncumng a fir~nce charge. Fees. We will cha~ge yo~g Account $0 for: each Card you ask us to m~tace; ~ach returned payment; each c)eck you writ~ ?n yo?r Account that we return unpaid; e~c) stop paTmant o{dar or r~aJ c~f such an a'de~,, each billing cycle within which your Account ~s delinquenl (late charge); and each b~l[ing cycle w th~ wh*ch your balance ex~s your credr hne (overstuff fee), even Il ycu~ Account is dosed. I[ you request copies of biilingstataments that were tirol canl to you more than three mor~s ear[mr, we may charge a handhng fao of $2 tar each such copy A cash adv ~.,'~ce tee of 3% (m~Jmum $5), which is a FINANCE CHARGE, may be sharked for each cash advance transaction made on your Account. Default. You w II be th ~e aul any ~n armenian you pmvidad us proves to be"lnoomplela or untrue if you do not comply with any ~ of this Agreement; upon your death, bankruptcy, or inodve~; if you da not payother d~bts w~en due; i~ a benkmptcy pat!lion is filed by or ag~inst.~ou; or if we believe in g~:~3d faith thai you m~ not pay or padorm your ~bligations under this Ageem~ fyoua-ethdefacltwemay, wdhoutthr[hardamandor~tice cance~y~urcred~tpnv~eges.bec~arey~urAcc~untbaience~mmediatelydueandpayabje.andu$eanyramedywen!~ay have. In ~ event of your default, the outstanding balance on your Account sh~ll'.ountinue to aco~e interest at the APR(s)disclosed in the Finance Charges section el tths Agreement, even u we have t~ suit to collect the amount you owe. CmdtLJae Yourcredi ne sspac~edfr~mt~etotjmeinaseparatanoIice~Yourm~nthjystatamantssh~w~curcrad~tiineandtheem~unt~fyparavai~ab~ecrada. Wemayincraaea~ dee.~ease your credit line besed on inlormation we obtained from you c~r your credit records. Your availab{e cre~t i~ normally.the difference ~lween your credit line a~ yo~f Acaoun. t paJanca (-lac~u ct~ t~ensac~ns made or authndzed but not yet posted). I[you send us a larks payment check, we may I~m~t your available credit wh~le we confirm that the chac~ w~ll clear. ~-or tnln.~nc~ons, available oredit may be less. You will not use your Account [or,,and we may refuse to honor, any transactio~ which would cause you to exceed your evaila~e credit. tnu~nct~ns and charges to you,' AccounL and collaction costs we incur includi.ng, but not limited to, reasonable attomny's fees and cour[ costs, (ti you win the suit, we will pay your reasceabie arlene, s fees and cour[ costs.) Change~; After we provide you any notice requ red b~ tsw, we may chagge any per[ of IhJs Agreement and a~ or renu~ve requirements. Il a change is made ~o the Fihance Charges sec[ion this kkr eemenL the new ~nance charge calcutaticn w~, apply to your entire A~qounl balance from the effective date of the change, Changes w~l[ apgly to balances thai ~ncl~de ~tems DOSted to Account before the date of Ihs chenea, and will ap~y whether o~ not you continue to use the Account. Forai n Excben e/Current Converson. ouuseyou Card for transactions in a currency other then U,S. dollars the trausactions will be converted lo U S do~m goneralyusogeithara( gowmgment-mang~ted rate orY(ii) wholesale manet rate in effect the day before the transaction is processed, increased'by three percent (3%), If a cradt is subsequently'given for e transaclba, it witi be decreased by the same pe~cantage. The currency conversion rate Osed on the conversion date may differ fi'om the rate in effect on the date you used your Card You agree to aecepl the conver~ee amount in U.S. dultars .' The Card Cancegatfan. You may cancet your credit priv~tagas al any time by r~tifying us in writing and destroying the Card s Upon the Card expiration at the end el the month shown on ras(~'ve the dght hal to renew the Card. We may cancel the Card and your credit privileges al any hms attar 30 days notice to you, or without nolice i! permitted by I~w If y?ur Card is canceled or not rene~ed finance charges and other fees will continue to be assessed, I~lyments will continue to be due, and all other apphcabta provisions of th~s Agreement w~lJ remain ~n effect, if you terra.ate your credit privileges, or if we cancel or do hal renew the Card, you may' no longer wnle checks on your Account, and you should destroy any unused checks we have ~ssued o you. Per~onal information; Documents. You will provide us at least 10 Gays notice il you change your name, home or mailing ad.'ess, telephone numpers, employment or income Upon our · ~l~l~provide us addillonai financial thrown, etlon. We ?en'e ~.e, ~jht t?,,~la~ in fon~,,ation ft?m othe~s, lodiu~ng Fedil repe~ng agencies, and to Fow]e your aC=ecu and ~ntormal~n ..~nt ~o others. We may also share informatK)tl wrth our amllat~ ~-ioweve~. you may write ~o us at any hmo instrlJctina us not to share cred:t i~[orrq~lllon with our affiliates. If you ~i~.yc~,r obligatlo~ unda' this Agreement, a negate credit report Ihel may relict on your crndit may be a,g'~nitted to the credit repealing agencies. *:~ar Service; Unauthorized Use, Loss, or Theft of Checl~ er the Card. Each Card must be signed on receipl. You are reabonai~e for saleguarding the Card,your Pemenai Ident~F~cabon ~r ('PIN', which provk'~es access to Autl~matad Teller Machines)and any chenks i, ssued to you from theft, aed keepmg your PIN separate from your Cerd if you ,Sscover or suspect tha! .,~ur C,~'d, PIN, or any unused chocks are lost ~ stolen, or that there may be an unauthedzed transaction on your Account, you will promplJy notify us by calling 1..800-g33-7221 So we can ~med, ately act to limit louses and IladiJity, you will phone us even though you. may also notify us in writing. Your [lability for unauthorized use oucurribg before you no,try us i~ limited to $50. If yc~ ~ raped (~r we suspect unautho,rLT, ed use of your Account, we may suspend your credtt privileges until we resolve the pr,~lam to our satis[actlon or issue you a new Card~ if your Card is lost or stolen, you will p~omplly destroy all checks in your pocaoualon. To improve custom, er service and security, you agree thai y, our calls may be monitored or recorded, Mo[ch;tnt Relations. We will not be liable if any person or Automated Teller Machine refuses lo honor the Card o~ accept your checks or fails to return ~he Card to you We have no mspons~lily ~or goods and services purcha, sed with the C~'d or c.~ .~J? excepl as r~uirad by law. See Special Rula below,) Certain bohemia that are available with the Account are provided by th~rd-par[y vendor]. We are not responsible for the quahty, avalla~iily, or results el any of the services you choose to use. StopPaymentOrders. Ifyouwishtostoppaymentonachenk, youmaysen(~usastabpaymentorderbywritibgtc us at'ouraddress forcustomerservicel[atedonyourstatsmenL Youcan '[]ahe a stop payment order orally by calling the number listed on your statement,~ When you make a stop paymenl order, you must l~rovide your Account number and specific tofo[marion about ch~ck: the e~act amount, the date on the check, the name of the pa~y to whom If was payable, the name o~ the person wh~'eigned ~t, end the check number You w~ll he asked lo conFffm an stop p~yment order m writing. We may disreaard your oral o~der ilwe do not receive a sianed wrilten confirmation wilhin two weeks after lhe oral order or if we have not received an adequate c~cn~tloa of the item so that payment can be sopped. The order w II not be effective il the ~heck was paid by us bel'cre we had a reasonable opportunity th ac/on the o~der We may, w~thout ~[y, ciere~ard a wri en s OP paymen order six months after fane]pt unless ~tes renewed ~n wnhng, Standard o~ Care. Because this Account involves both cm~t card and check tr;~nsacabns which are pr(~cessed ti{rough separale national systems helore the transactions are consolidated by us, ~.qd pe~.'ause nol eve~ aback and Card slip wllJ be sent to us, b'ansaclJons in yo~ Account will de processed menhani,~i{y w thout our necessarily revlawibg every Jlem Our prooussing systam wlg ~.~Ji our attention lo ca[tan items which we will exam[ne. We will examine all transactions when you raped that your (,erd or ch~cks have been lost or stolen, We do not intend ordthan]y to e~amibe a~ items, and we wig not be negligenl if we do riel de so. This rule estabIIches the standard of ordma~ care which wa in good faith will exercise in administering your Account. Besa~e ~enk legistar or othenv[se keep a rec~'d of them. You should also save your credit card cash advance and p~rchase slips. You aaree ~o check your monthly statements aaainst vour record and [o notify us imme~atelv of any unauthorized transactions cr error[, ' Waiver of Certain Rights. We may de[ay or waive enforca~e~o~ any provision el this Agreemenl without rasing our right lo enforce it or any other provis~on later You waive: the r~gh[ Io p~esefllment demand protest o~ notice of dis hence, any a~op~abie statute of linlitations; and any dght you may have th require us to proceed against anyone before we file suit against you. Applicable Law;, Save[ability; AsstgnmenL No matter whe,'e you Jive, this Agreement andyour Account are goverr~:i by federal [aw and by New Hampshire law. This Agreement is a final e~esslon of the agr~menlhe~een you ~ us ~d may nol he ?.o~hadi, cted I~ ~ibenca of any ail~0ed c~l ag[asr[rent, tf any ~'ov~lan of this Agreement i~ held Io he invalid or unenforc~. that an. propound or chanted I~islallon. r~u[ato~y ~otlon. or udiclal cladislon has randared or may render any rneteri~ ~'~islo~ of thi, Agreemenl invatid or unenforceable, or imPOSe any increased tax. ~po~ng roqairement, or oth~' burden n co-,'~c§o~ w th any such prey s~n or $ enforcement, we may, after at [a~t 30 d~ys notice to you. o~ without nohca if p~rrnitt~ by law, purchaser or assignee, we may g~ve you such no~c~ by fi~g a financing stat~menl with the stale s Secra~ery o~ Stale.. I~otice~. Olher notices to you shall he effecdve when deposited in the mail ade,'essed to you al the add'ess shown on our records, unless a longer notice period is spoci~ed in this Agmemenl or by law, which period shall start upon mailing. Notice to us shall be mailed to ou~ address for customer sen, ice on your statemen[ (or other addmeses we may spebity) and shall he effective whoa v,e rec,~ive ii YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. T, his nolice contains imporlent inlcrmatibn ab=? y~r rights and our resPOnsibilities under the Fair Credit Billing Act. Not/fy Us In Ca~e of Error= or Que~tions About Y~ur Bt~!. I~ you think your 15ill is ~rong or if you need more inforrnati~ ex,ut any transactibn on your bill, write ~s on a separate sheet at the add[es~] listed in the Billing Rights Summan/on your bdl. Wnla to ua a~ soon as poss~b[a. We must hear fr?m ~ou nc, I~ter Ihan 60 days after we sent you the first b,ll on which the error or pmb~ ,~.a',~. You can telephone us, bul dmng so will not presen, e your ngh[a. In your letter, g~ve us the fdiiow[ng mforrnallon: - Your name and Account number - The dollar amount of the ~Spocted error - Describe the error and explain, if you can why you believe there is an error. If you need more in foxmat[~n, ~scribe the item you are not sure about Yo~ Rlght~ and Our Re~pon=lbit/t~es After We Receive Your Wzl~en Not/ce. We must acknowlabge your letter within 30 days, unless we have corrected the error by then. Within 90 days, . ~``--~'~e~b~;~u~or~heern~unty~uq~es~kx~ibduc~grma`ncechazges~andwecan~i~iyanyuni~id~m~uatag~ns~you~credi~loe~ Youdenothavetopayanyques{ibnedamountwh.]tewe ~ ~ ['~esl~galJnth but you ate still abiigated to pay the pads o,'yo~t ~ that ere not n queslJon. ff we find t~at we made a mistake on your bill you wi~ not have ~o pay any finance ~harge related lo any questioned ~[mounl. If we dida't make a mistake, you may have to pay t~nenca cha'ges, a~ you w~ll have to make up the missed payments on the questioned a,m. cunt. bi e~t~er case, we w~lJ send you a slal:emen~ o~ the amount you owe and the date that it is due, It you lail to bey amount we think you owe, we may rabod you ~s d~thquent. However, i~ our explanahen does riel satisty you and you wri!e Io us within tO days tai~ibg us thai you still refuse lo pay we must tell anyone we rabort you to that you quos [io~ you~ bill. And, we ~usi tell ~ou the hame of anyone we rape[led you lo. We muir tell anyone we report you to thai the mailer has been settled between us when it finaity is If we don't lollow these ru[as, we can't colic{ {he nrst $50 of the questioned amount, even if your bill wes ccrrect. Special Rule for Credit Card Purch~e.~ If you have a prablem with the quality of the pr~edy or services thai you'purchased with our credil card and you have ~ried in good tadh to correct the problem with the merchant, you may not have to p~y the remaining amount due on the gcrx~s or services. There are 'bye Iknitatibns on this right: a you must have made the purchase in your hc~rne state, or if nol within yo~r hcme state, within 100 milas ofyour current mailing ade~ess; and b the purchase pr~ou must have been more than $50 These limitations do not apply if we own' ~ ~er ~te the merchant, ~ il we mailed you the advertisement for the properly'or .services " · COMMONWEALTH OF PENNSYLVANIA County of: CU~E~EALAND No.: 9-3-04 ~o.. THOMAs A. PLACEY 104 S. Spo~g Hill Rd. Mech~icsb~g, PA 17050 T,~,~o~: 717-761-8230 CIVIL COMPLAINT Commonwealth Financial Systems, 120 North Keyser Avenue Scramo~, PA 18504 vs. THOMAs E LEWIS 263 TE30%CO RD M~CHA]xqCSBURG, PA 17050 Amount Date Paid Filing Costs $ "~-.~C, /. / Postage $ 5.OD _ _/ / Service Costs $ / . Constable Fees $.. j TO"--'~HE DEFENDANT: T '" ................ [ he above named plaintiff(s) asks judgment against you for $2,826.32 toget'--'~er with Costs upon the following claim (Civil fines must include citation of the statute or ordinance Violated): Thc mount of $2,826.32 (File # 1007893) is due and owed for a revolving credit cs~'d ~sued by Providian National Bank where thc it sinfe 08/10/20% Co onwe. th Fly. cia1 Systems th s .oco= on or =nuraea to mi ngats, assignments and judgments The Plaintiffres.ec.~.,, ...... about 06/24/'2003 and m e ,.,-,;, requests t.~.t tl]m court grant judgment in favor of plaintiff and against defendant in the amo~mt of $2,826.32 plus court costs. I .... Patricia A Cobb ~erify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This state'ment is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. ss 4904) related to unswom falsification to authorities. --.~ ,~=m.~: Patricia A Cobb, Esquire ^,~,...: 120 _N~rth Keyser Ave ~-m~:., (570}-347-1115 Ext. 202 ~ Sc~ranton PA 18504 IF YOU INTEND TO ENTER A DEFE~NT, N "-"- OTIFY THIS OFFICE IMMEDIATELY AT THE A-'~"~'~ TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESE. NT YOUR DEFENSE. UNLESS YOU DO JUDGMENT MAY BE ENTERED AGAINST YO? BY DEFAULT, If you have a claim against the pleintfff which is within district justice jurisdiction and whk'.h you intend to aaser~ at the hearing, you must file it on a complaint form at this office at least tiYe (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial Dlst.'tct office at the address above. AOPC 308A.02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CO~EI~uAND 09-3-04 THOMAS A. PLACEY 104 S. SPORTING HILL HECHANICSHU~G, PA T~p,o,e:(717) 761 '8230 17050 THOMAS E. LEWIS 263 TEXACO ROAD MECHANICSBUKG, PA 17050 NOTICE OF INTENT TO DEFEND PLAINIIFF: NAME aha ADDRESS 7-CO~HQNWEALTH FINANCIAL SYSTEMS, 120 N. KEYSER AVE. SCPJ~/~TON, PA 18504 VS. ~EWIS, THOMAS E 263 TRY~CO ROAD MECJ~tNICSBURG, PA 17050 Docket No.: CV, 0000457- 03 Date Filed: 9/16/03 HEARING~ ~iVIL ACTIO~ HF2~'iNG Date: 11/10/03 Tme: 10:15 AM Place:DISTRICT COURT 09 - 3 - 04 104 S. $]?OI~2ING HILL P~D. MECHANI CgBURG, PA 17050 PLAINTIFF: COMMONWEALTH FINANCIAL SYSTEMS You are hereby notified that the defendant named below has given notice of his intent to present a defense at the hearing in the above case. DEFENDANT: LEWIS, THOMAS My commission expires first Monday of Japuary, 2004, , District Justice SEAL DATE PRINTED: 9/19/03 3:56:39 PM AOPC 623-93 October 6, 2003 Thom Lewis 263 Texaco Road Mcchanicsbtueg, PA 17050 Patnc/~ .4. Cobb 120 North Keyser Ave. Scmmon, PA 18504 Re.: Docke! # c'v-457-03 Dear Ms. Cobb; Under PA and FederaJ Fair Debt Prac~dees acts, I aha entitled ..... to at~ ~tormation concern~.ng the above referenced case. Forward evetyt~g wi~n 30 days, to my address listed above. You are msmacted to stop all harassing "%ne calls" · ~_~_anY lnfo~rmat~on coaccrmag me to t~d nanles, a ....... . .~tl'U~ed to sto? distnbuturg my name ~, om your omc. e, and must be in wril~ng. ~--- ,~,y ~ntact.,~lt~ ~ne.concernmg this matter r~ust conle Lfyou m'e unable to have the iafotmation in my hands by FrL Oc£-~: 1,'~'0;3, I r~qu~t that we agree to reschedu~e the hearing with DJ Placey, so as to a/low me 10 days to have your do~urnent$ reviewed. In additioa, I am entitled to acldil~ollal informat~oa ander the PA rules of Civil pt~x:edure. I will be forveardiag my request for DOCmneal$ and Thiags to yom' ofi~c~ by Fri. Oct. I 0, 2003 by Again, ffyou are uaable to have the itema I wtll be r~que, sthag iq my ~ by Oct first class mail reschedule the heuring to atlow me 10 days to have the Lnformafion r~viewed. · 31, 2003, I request we USE October 23, 2003 Thom Lewis 263 Texaco Road ' Mech,anicscburg. PA 17050 Patricia A. Cobb 120 North Keyser Avenue Scranton, PA 18504 Re.: Docket #cv-457-03 Dear Ms. Cobb; This is to remind you that your office has not resnonded information in my hands by next Friday Oct 3 I, 2003.' ,,-r~,uz~g ~y request that you have ali of the · If you are ur[a~le to comply, please honor my request that we reschedule the hearing so as to allow me l0 days to review ali of the documents. Sinqergly, Thom Lewis ' ' Tl/enc COMMONWEALTH OF PENNsYL'~/ANiA' COUNTY OF: 09-3-04 . . :THOMAS A. PLACEY "~"" 104 S. ~PO.Z%TING HILL P.D. ME CHA-NI CS,.OleG, PA ..~p~o,,o:(717) 761-8230 17050 SUBPOENA PLAINT~F: CIVIL CASE (-COM~0I'~TEALTH FIZqA_NCIAL SYSTEMS, 120 N. KEYSER .AVE. SCRA.NTON, PA 18504 VS. I-LEWiS~ THOMAS E 263 'TF-,XACO ROAD br-ECHA-NICSHU'RG, PA 17050 Docket No:: C'V-0000457~03 Date? ed: 9/16/03 TO: COMZ'.[ONW'EJLLTH FINANCIAL SYSTEMS, INC 1 You are ordered by the court to come to: . - Event: CIVIL ACTIOI~ ~ING · Place:DISTRICT -COU~T 09 - 3 - 04 Date: 11/10/03 104 S, S:P6RTING HILL RD. Time: ' MECHA_NIC:-"AURG, PA'17050 10:15 AM to testify on behalf of LEWIS, THOMAS E ' , m the above case, and' t6 remain until excused 2. And bring with you the following: (corcplete if applicable) · 'This subpoena is issued upon application Of LEWIS, / My commission expires first Monday of Jenuary, 2004 THOMAS E WARNING: Failure to comply with this subpoena may result in a'finding of CRIMINAL CONTEMPT pursuant to 42 Pa.C.S. § 4137. This oftense !s'puni4hable by a tine and[o{ imprisonment. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Cout and its services, please contact the Magisterial District Co. urt a~t the above address or telephone number. We are unable to provide transportation'. AOPC 604-0_22 .......... COMMONWEALTH Of PENNSYLVANIA · COUNTY 09-3-04 THOM~p A. PLACEy ~'~": 1.04 S% SPORTING HILL RD. M~C-HANICBBURG, PA T.,.~o.~:(7~.7) 761-8230 17050 Server .. SUBPOENA CIVIL CASE FINANCIAL SYST~s, X2O, N~ ~YSER A~. S~N, PA ~850~ L DEFENDANT: VS. NAME and ADDRESS 263 ~CO ~O~ ~C]~[CS~G, ~A [7050 ~ockE~'No: CV~0000457-031~ Date Fil'dd: 9/1.6/03 (Name OI Witness) 1. You are ordered by the court to Come'to: . CIVIL ACTION ~R~!Ne Date. 1.1/1.0/03 It' Place: _~_ ._IS. TRICT to testify on behalf of ~Z~, ~EO~8 ~ , in tile above case, and to remain until excused. 2. And bring with you the following: (complete if applicable) My commission expires first Monday, et 4anbary, 200~.. This subpoena is issued upon application of ' LEWIS, THONA.~, ~:_L , , District Justice SEAL WARNING: Failure to comply with th{{ st~p_o~r~a m~y result in a findin~3 of CRIMINAL CONTEMPT pursuant to 42 Pa.C.S. § 4137· This offense is punishable by a fine and/or imprisonment. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the aboYe address or telephone number. We are unable to provide transportation· AOPC 604-02 M Financial Growth Found A Non rofit ConsumerAdvocate Ass~,~ 7310 RitchJe Highway, Suite 400, Glen BumJe, Maryland 21061 Tuesday, September 23, 2003 THOMAs E LEWIs 263 TEXAco RD MECHANICSBURG,pA. 17050 (888)533,3344 P/ease Read This Messa,q Re:COMMONWEALTH FINANCIAL SYSTEMs vs. THOMAS -- __ Case Number: 00000457.03 E. LEWIs ........ _._ Dollar Amount: $2826 Dear THOMAs E LEWIs: The named plaintiff COMMON_WEALTH FINANCL¢L. SYSTEMs have, by their attom lawsuit against you THOMAs E LE~ the court for the eys, filed a and attorney fees. ~ amount o:r' 2.$.~..~ plus interest, court costs Our professionals can help you with this matter. We cannot represent 3;ou in court, but we can negotiate with the creditor to try to stop the trial from occurring. HOWever, we cannot help you unless you CALL IMMEDIATELY. TIME IS GRANTS A JUD~-~E~li. . ~;RITICAL TO STOP THIS TRIAL BEFORE THE COURT OUR TOLL FREE NUMBER IS (888) 533-3;f44 Call and talk to one of our professionals now while there is still time and time is money Yours, . We are not a collection agency or a Jaw firm we are a licensed Credit Counseling provider with the state of Maryland and specialize in assisting individuals with CREDIT~..J--INANClAL DEBT and related problems. Our goal is to help you build your credit so you can get what you want and need in the future WITHOUT FEAR OF REJEcTIONs. Whot hap~%msdf yOcrdomoth~E CC-U,,~T-~,"^v amount claimed by the plaintiff. If this happens, '"---~:~ ~,~,,,m- You ~or thc-fuji ne ative information on ourcreditre crt y°uc°uldbesubjectt°a~°fy°ur wages and/or levy on your bank accounts and other property. A judgment will also appear as andmore make borrowing for a car, home, boat or business expensive if not JmpossibleH! IT'S YOUR CALL TO MAKE. WE CAN HELP..~TIME_ IS MONEY. C~ALL US DIRECT~LY AT (88~344 Proposal AND NOW, on this 6th day of la/y, 2004, I, Thomas Lewis, hereby cert/fy that have served the forego/rig Defendant ,s Amended Answer rna///ng a true and correct Copy by United States First to Plaintiff,s Complahat, by Class Mail, addressed as £ollows: ees of ALan P. O. Box C He//ertown, PA 18055 263 Texac~'~Oad ~' Mechanicsburg, PA 17050-2629 In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~,:~- ~,:;2Fo ~ Civil. 19 To Prothonotary orney for Plaintiff No. Filed IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. VS. THOMAS E. LEWIS Plaintiff Defendant V$~ COMMONWEALTH FINANCIAL SYSTEMS, INC. Defendant 03-6266 Civil Term : No. _, : CIVIL ACTION : ._ ._ : : : I, Thomas Lewis, Pro Se Defendant in the above referenced case, do hereby verify that the facts set forth in this AMENDED ANSWER, in it's entirety, including New Matter and Counter Complaint, are true and correct to the bea;t of my knowledge, information and belief Verifier understands that statements herein are made subject to penalties of 18 PA. C.S. 4904, relating to unswom falsification to authorities. JUL 2 0 2004 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. THOMAS E. LEWIS, Defendant No.. 6266-CV-03 CIVIL ACTION STIPULATION AND NOW, thisl6th day of July, 2004, it is hereby stipulated and agreed by and between the parties: 1. Plaintiff's motions scheduled to be heard by the court on July 28, 2004 are hereby removed from the argument list. 2. All pending motions and petitions of the Plaintiff and Defendant are hereby withdrawn. 3. Plaintiff withdraws the Complaint filed in this matter and authorizes the Prothonotary of Cumberland County to mark this matter as Dismissed with Prejudice. 4. Defendant withdraws his Answer, New Matter, and Counterclaim and authorizes the Prothonotary of Cumberland County to mark the Counterclaim matter as Dismissed with Prejudice. 5. In pursuance of this Stipulation, and in consideration of the negotiations conducted between the parties and the mutual benefits, releases, covenants and considerations stated herein, and intending to be legally bound hereby, and in consideration of the above recitals, which are herein-incorporated by reference and made a part hereof, the parties do hereby remise, quitclaim and forever discharge each other, to wit: the said Commonwealth Financial Systems, Inc. and the said Thomas Lewis, their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns, from all claims, demands, actions, causes of action, suks, debts, contracts, controversies, agreements, promises, and demands whatsoever, both at law and in equity, the respective parties now have or ever had, known or unknown, in regard to the within legal action and collection account and from any other claim or claims arising from the above recitals from the beginning of the world to the date of these presents. 6. Plaintiff agrees that the account on which the within litigation is based shall not be further used or resold by Plaintiff, their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns, for purposes of collection, litigation, or credit reporting. 7. Plaintiff agrees that they, as well as their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns shall cease communications with the Defendant regarding the within matter upon termination of this action. 8. Defendant agrees that he, as well as his respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors and assigns shall cease communications with the Plaintiff and their respective partners, officers, stockholders, employees, agents, servants, attorneys, representatives, subsidiaries, affiliates, heirs, executors, administrators, successors regarding the within matter upon termination of this action. 9. The parties further agree that none of the terms of this Stipulation are to be construed 2 as an admission of guilt or liability by the parties hereto, but merely reflect a settlement of all claims. 10. Both parties further agree that they have been advised by counsel of their choosing prior to the execution of this Stipulation or have had the opportunity to be advised by counsel of their choosing prior to the execution of this Stipulation. Alan R. Mgge, Esq., Atty for Plaintiff AND NOW, this 2"Q"'-~ day of the parties is hereby approved and it is hereby: omas l-,ewisSro Se Defendant 5'~, 2004, the Stipulation of ORDERED that Plaintiff's motions scheduled to be heard by the court on July 28, 2004 are hereby removed from the argument list; 1T IS FURTHER ORDERED that all pending motions and petitions of the Plaintiff and Defendant are hereby withdrawn; IT IS FURTHER ORDERED that the Prothonotary of Cumberland County shall mark the Plaintiff's Complaint as Dismissed with Prejudice. IT IS FURTHER ORDERED that the Prothonotary of Cumberlancl_ ..Co/q~hall mark the Counterclaim of Defendant as Dismissed with Prejudice., (... LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 BETHLEHEM, PA 18016 Licensed in PA and NJ Gregg M. Feinberg, Esq. Of Counsel Thomas E. Lewis 263 Texaco Road Mechanicsburg, PA 17050 RE: CFSI/Citibank v. Lewis 03-6266 Dear Mr. Lewis: (610) 954-5393 (610) 954-5395 FAX AlanM_Esq@juno.com July 16, 2004 Pursuant to your letter of July 15, 2004, enclosed please find an executed Stipulation which include the terms you requested in your letter. Kindly execute the Stipulation and forward same to a Judge for execution. Kindly ensure that my office receives a time-stamped copy of the Stipulation. I would appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions, please feel free to contact my office. ARM/mjk Very truly yours, Alan R.'~6ge This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose.