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HomeMy WebLinkAbout08-0245IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., NO. ~$ - a'~5 CWi l lenr~ assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CITIBANK, Plaintiff(s), -vs- LINDA BRAUTIGAM, Defendant(s). COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., NO. assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CITIBANK, Plaintiff(s), -vs- LINDA BRAUTIGAM, Defendant(s). NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation having offices at 120 North Keyser Avenue, Scranton, PA 18504. 2. Citibank assigned an account portfolio to Unifund CCR Partners which, inter alia, included the account of the above-captioned Defendant, and Unifund CCR Partners assigned an account portfolio that, inter alia, included the account of the above-captioned defendant to Commonwealth Financial Systems, Inc. Attached hereto as Exhibits "A" and "B" are true and correct copies of the aforesaid assignments. 3. Commonwealth Financial Systems, Inc., as the assignee of Unifund CCR Partners, and as the ultimate assignee of Citibank, stands in its assignors' stead and all are hereinafter referred to interchangeably as "Plaintiff'. 4. Defendant is an individual whose address is 8072 White Church Road, Shippensburg, Cumberland County, Pennsylvania 17257. 5. At a specific instance and request of the Defendant, the Defendant applied to Citibank for a credit card. 6. The Plaintiff avers that the Defendant was granted a revolving open-end credit card account and was issued a credit card for such account subject to the stated terms and conditions contained in a written account agreement, a true and correct copy of which has been attached hereto, marked Exhibit "C" and made a part hereof. 7. Plaintiff avers that the Defendant accepted the terms and conditions of the revolving open-end credit account contained in the aforementioned written agreement by using the credit card which had been issued to make purchases and/or to obtain cash advances. 8. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 9. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 10. Plaintiff avers that the balance due amounts to $17,731.11, as is more specifically shown by Plaintiff's account detail, a true and correct copy of which is attached hereto, marked Exhibit "D" and made a part hereof. 11. Plaintiff avers that the interest has accrued at the legal rate of 6% per annum on the principal balance of $11,757.35 due from May 8, 2007. 12. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiff avers will amount to 25% of the balance due. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $17,731.11, with appropriate additional interest from May 8, 2007, plus attorneys' fees and costs. APPLE AND APPLE, P.C. for Plaintiff(s) 4 BILL OF SALE, ASSIGNMENT AND ASSITi~IPTIOt~ AGREEtV1ENT THIS BILL OF SALE, ASSIGNMENT AND ASSUIVIPTION AGREEMENT is dated as of August 26, 2005, between Citibank (South Dakota}, National Association, a national banking association organized under the taws of the United States, located at 74I East fi4th Street No:-th, Sioux Falls, SD 572 Z7 (the '"Bank") and Unifund Portfolio A, LLC, located at 10625 Tec~.wocd~ Circle, Cincinnati, DH 45242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 26, 2405, between Buyer and the Bank (the "Agreement"}, the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer`s successors and assigns, good and marketable title to the Accounts described in Section I.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and witF~out representations or warranties including, without limitation, warranties as to collectibility. Citibank (Sou ota}, N.A. Unifund Portfolio A, LLC 4iiFlii:is/1)y ..~... \\ t' ::(~~ ~~Eure~~ ~~.`: (Signature) Name: ` ~w . „j~t,:>, ....s Name: ~ V` (~~~ ~~~ Title: Title: EXNIBIi~ unif~nd Unifund CCR Partners BILL OF SALE Unifund CCR Partner, for value received and in accordance with the ternis of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of October 26, 2005 (tha "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on C f ~~ l UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By Davi osenberg President For Unifund Use ONLY Client # PID CID # 12 EXHIBIT C. A z 'this Card A,greenrent, cvthict~ inc}odes your card carrier, x is your contract vuith us and ~~raems the use of yourcard and acci}ur~L "Tl~e card cart}Pr cnrr~ins important acC.ount information, including your annvaE percentage rates and tier arnrrunt of a~ membership fee. Please read and keep these ~: documer+ts for yrahr records. , FAGT~ Al~`DU7' 1~A7`ES ANC) F`LE For aompiete ir~f~itrnation about these facEs, please sea the related sections in this :Gard Agrtierrient. RA~'~~-~INANC~ CHARGI=S purchase arnt Gash Advance APRs: See card carrier. A}I ': APRs based ~n ti;ea,E,',r~fm~ hate r~yRry{ea~c7fi~i~bi€i~~`g~~pesriod. ~~ ~ei;~~}tri~Jl:5ea: 4Cli V~i~rr~P•r. ~~L~~Il iii 7l e~u~W1~tt1~ is Prime Rate ppies ~ to X3.99°b, at up to 28.~9°k, a~~hichever is greater. A1i,P,PRs may a~matipal[v lncreasa up to :the Qefanlt '' AFFi H you talt 3o make~a~payrrr~entto trs when due, exceed , your credit-line, or retake a payment to us that is not lr'onored. Mir~imurn Finance Charge: $t}.5©' ~'RAI'~SA.~'i~Ni F~i~&-~-F~NANtE CHAR~E~ 8a}at~ce transfer Fee: 39'0 of each tralance transfer, $S minimum. $T5 maximum. Pu~(tases Made is a Foreign f;urrency Fee: 341o of ea;~ pur~tase aiteer its carryersion frrto tJ.S, dollars. k; Cash Advance Fee: 3% nf'eacti cash adv~arce~ ~Srrrininrurn. `: C7~'i=tEi~~ ~'Ef=s x: Late Fee; X15 on ~aiances upto ~at70; a~9 on balances pt ~1i3Q up to X50; $39 ohhalances at $750 and over., E#r-the-Cred}t-l.9ne fee:'~3~. Annua} iYlembership Fee: See r~rd Carrie Retarned i'ayment Fee: ~9. Rettttrt~d Convenience Check Fee; X39.: Step Payment on Coaaveni~eaco Citeak Fee: X39. Rates, #ees, anil teams may chaage: We may change rates, #ees, ands ofiyvur accdtmt at airy idrr~ fQr aray reasdn. ~'itese sorli5 h-~y be faased on Intvrmattan in ygur crec[U regg~t, suci- as yourfailure to -make paertts o the nutter of cred"d ecixGnts ~tnding 4r the ngmtter o1i credit Inquiries, These runs may~atsft:tndud$ eornpe'titi~e ar rtaart~t relat~ri #aGtars >~f ate maka a citage fttlrat~y cf: I these reasarts, ~u ~viU recehra advaits+e notice and a right to opt ¢ut in accordance Mn#h appiicattle law .ExNieit~ arcorr~~te re de~t~itipt7g this Card A -~nship estalr(ished bein~en You and us hY 9teement, APR.. annual ~~~~e -~, a~onzertuser, arty Rersari ou , carer: ane~ar mo:e ~ ~la~ t° ~seyaur ac~R~~ incfudtnp ar;co cards or other urr~access d credit uta~$r ~ Card A9 eetnent ~ ~su~#dypu CartlA~reerrte~ ar yard r~rrier ~ .4greetrr~tat~ tttFs ~~~Uleittafitt~ #~tB vour a~~ tsar. CPh'~nlr (S~ ~cata)~ N,A., the .issuer of ~~ der ~ parson vrha ~s Aer'scrn aApiied tg ~n 16e e~rr~nt~tudrrt~ the ~erson~}Q~whom ~ add 'fit Yea tD use.. urYoctr Accour7t Agrees Tftis ~a`x°uni ~ aesardance prith tli~ .arid y~~ ~ ~~ ~ ail d y ~~ ~aa unless ~, must pay Ug inf a~~ ~ [tom use cf ~~~ Y~ -n this Agrertt Y~~ due trrt 3ratrr accaum as franc ~~racauunt+nustonty6eusedfat$~aed Au3Pt ~s ~ t wv authurczed ~ must pay us far a~ ~ Ards users even rf You did~E i ~s m2dt~ hy.atttho~r' fit ncf #a b'e rans-~'~°'tar~ t.'re~t ~ -~ i~u 3e ' ~ ~ '~nri ypue Lister Y~ mitt ~ your acr~o, 9 y ~ca~lts,le~~y~e Bd~T~~`a.ostu.t~r~tttSf -.~...;~~w~~~l:R~ri e y~ ~~ p tttt: tDt3l ~{~ feftl~J~f 4P.l0Yt:lfyE to~ ~~us. o ans;e ~'~ ~asssti oast a ~-cein a ~~ ~ ra~~edit inp Ststfes~p~ Your bi e. Pe~od~ ~ ~g$as. rrdn rtt dee, and payrn~ due date, Pf aisa ere $ fine and cash advance firnr~ ~n ~",~~-~,°,~~ ~~t Char eS ante .,..a -- •.•~~+eiauttn. W~ d2G~*$r g -~ °"'~~~ary; and atfter address. Yau "must ~rY Cttstamer stateme>it to ori-y orte dd~, if vre dean yflur ~ccarEartt tics di a change ih' - Pe~Ormo 041! ~~~~ wing ~ ttt de app ~r ~ f rrtance cftarpes end ie nti~ ~~ ~ ,e~ ~ ~A sertdlrtg sfatemerrts. ~e total amount ~ ~ , an ttia ~ ~~ O>y1B tt& 8ppe~ begs ~ ~~ ~ L Fo deferrr;ne a[a~oe~: We add ~S'pureitases or cash adv~~~f~h~'~~'ng G~siad. credits ar Pa3~rrterlts credited ;~q at tfi~ bltfainn ~btractarty PhrFn and anv ~P,rinAta ~..,~ .. k --- tees; ~ ~ ~ Vau dolt rrn~r tar'I to _ or rrR ~r 28:949G ~ ~ ~t'`~~~ ~i~e Ra#~ Plus q to .ttse d~etcnnirting r ~$r ~ greater ~~ A to ,23,999x, ,~r:COtrnt {~ 8~n ~~~ Ai'i~ PriCl~p~ ~ Bred ir] + u 2~riy Garri A Win' iR1B ti srr s~~u_ sins of ads tttdieatians at ace© ~urnern Pf~# ~u tt ar~F ws, at ~.. defanl~lNa ~ ~!`p°P #Pte ante. The De~R APR cash advarr Y1°wRr APfP~ w~~,ra ~Yvn ces l€pnu rn~ pre irate, taFa~ a~!or us tpr six amseryrrtFve bi eats o ttrli, tsrtless ~e ~i~' olhes the iPe#spp~+4P~ urstif paid ~ s,r reel and m~ mihef .~: fR ~rx. A nn . AFFIDAVIT I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, verify that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. X4904 relating to unsworn falsification to authorities. -~,~~ Date: PATRICIA C BB Executive Vice President 120 North Keyser Avenue Scranton, PA 18504 Apple & Apple File No. ~ CFSI File No. '- ~~ j ~ ~ ~ j c'~ ~~ ~:~ t~~ ~ # ~ ~ ~-" ~' ~ ~-~ o -:, ~ -~ _ J ~ ~~; ~ ~-,- ~::> ; -, ,~ -'~ ~ 4,. :~ r..-, --c 0 David D. Bueff Prothonotary K:rkS. Sohonage, ESQ Solicitor Wfnee X Simpson I" Deputy Prothonotary Irene E. Morrow 2"d Deputy Prothonotary office of the Prothonotary Cum6er(and County, (Pennsy(vania (08 ?? 7 5 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 9 Carlisle, P A 17013 • (717) 240-6195 9 E'a.-?(717 240-6573