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Home My WebLink About08-0604IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA,LLC 2200 Fletcher Avenue, 5th Floor Fort Lee, NJ 07024 Plaintiff V. : CIVIL ACTION - LAW NO. 08 - (pDq l_iivi (TerAl Randy Lear 105 Hillside Dr Mount Holly Springs, PA 17065-1802 Defendant NOTICE TO DEFEND YOU have been sued in Court. If you wish to defend against the claim 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 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. 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166; (800) 990-9108 MIGLIACCIO, LLP By, flan W. Felzer, Esquire A ev ID # 38670 1 eizergtobmlaw.com Three Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (800) 834-4066 CIVIL ACTION - COMPLAINT Plaintiff, CSGA, LLC, as Assignee of METRIS BANK, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: Plaintiff, CSGA, LLC, is a limited liability company organized and existing under the laws of the State of New York with a principal place of business at 2200 Fletcher Avenue, 5t' Floor, Fort Lee, NJ 07024. 2. Defendant, Randy Lear, is an adult individual residing at 105 Hillside Dr, Mount Holly Springs, Pennsylvania 17065-1802. 3. Plaintiff, CSGA, LLC purchased certain accounts by which it is the lawful successor in interest to METRIS BANK , and thereby possesses all rights pertaining thereto, including all rights to an account belonging to Defendant, as more specifically described below. COUNT I - BREACH OF CONTRACT CSGA, LLC v. Randy Lear 4. Defendant utilized an extension of credit made available by METRIS BANK, bearing account 5458004668392473, whereby Defendant would from time to time be advanced credit for purchases or expenditures in exchange for the promise to repay funds so utilized at an agreed upon rate of interest. All of the above was done at the specific request therefore by the Defendant. 5. There is a principal balance due and owing on the account in the amount of $6,649.71 plus accrued interest. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 6. There is an interest balance due and owing on the account in the amount of $3,971.72. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 7. Plaintiff has made demand upon the Defendant for payment. More specifically, a written demand was made at least thirty (30) days prior to the filing of this Complaint. 8. Defendant is in breach of the terms of the agreement for the extension of credit and has neglected and refused to pay the outstanding balance. No recent payments have been received on the account. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Randy Lear, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $6,649.71, plus; b. Interest accrued in the amount of $3,971.72; C. Costs and interest at the legal rate; or d. For such other and further relief as this Court deems just and proper. COUNT II - UNJUST ENRICHMENT CSGA, LLC v. Randy Lear 9. Plaintiff hereby incorporates paragraphs one through eight above as though more fully set forth at length hereinafter. 10. The principal balance of $6,649.71 represents the reasonable value of goods and services, the benefit of which is inured to the Defendant at the expense of METRIS BANK, creating an equitable claim which Plaintiff now holds as successor in interest. 11. The balance of $3,971.72 represents interest accrued as of the date of this filing. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Randy Lear, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $6,649.71, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendant. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. SON&MIGLIACCIO, LLP AB eysfor Plaintiff rdan W. Felzer, Esq., ID# 38670 jfelzer@lobmlaw.com Three Neshaminy Interplex Suite 301 Trevose, PA 19053 (800) 834-4066 VERIFICATION I, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: i " ?Al- Dt ACCOUNT#: 14163335070201465 Forwarder: CSGA, LLC Acct#: 5458004668392473 Original Creditor: METRIS BANK Debt Type: CC STATUS: PRE-LEGAL WIP# Days Left Principal $6,649.71 Interest $3,971.72 Attorney $0.00 Court $0.00 Misc $0.00 Assigned to: LPAVANCUREN 0 0 BALANCE $10,621.43 Personal Information Debtor 1 First RANDY Address 105 HILLSIDE DR City MOUNT HOLLY SPRINGS Country USA Work Tel (717)258-0003 Ext SS# DOB 12/01/1962 Spouse Bank and Asset MI Last Name LEAR ST PA Zip 17065-1802 Province Home Tel (717) 486-4998 Fax Driver's License # State There is no bank information on this account. Debt Service Provided CREDIT CARD Placement Breakdown Principal $6,649.71 Awarded Int Attorney Fees Court Costs Misc Costs Accrued Int $3,019.10 Total Placement $6,649.71 Original Loan Terms Contract Date Number of Payments Interest Rate % 19.99 Collateral ACCOUNT INFORMATION REPORT FINANCIAL Placement 02/06/2007 $6,649.71 Last Payment $0.00 Debt Type Credit Cards Last Payment Date 03/18/2004 Last Payment Amount $130.00 Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 1 of 1 11/20/2007 10:26:18 anA11 0 g 00 a r? (TI `: SHERIFF'S RETURN - REGULAR CASE NO: 2008-00604 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CSGA LLC VS LEAR RANDY STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T RAR RANDY the DEFENDANT at 1535:00 HOURS, on the 13th day of February-, 2008 at 105 HILLSIDE DR MOUNT HOLLY SPRINGS, PA 17065-1802 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge -?ao%sr L?,,? ? Sworn and Subscibed to before me this of So Answers: 18.00 11.52 .00 10.00 R. Thomas Kline .00 39.52 02/14/2008 BRONSON & NIGLIACCIO By: day D puty Sheriff A. D. David Q Buell (Prothonotary KirkS. Sohonage, ESQ Solicitor 9?rnee X Simpson 151 Deputy Prothonotary Irene E. Morrow 2" d Deputy Prothonotary Office of the Prothonotary Cumberland County, Tennsylvania dt'; - &nl CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 257" 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 0 Suite 100 0 Carlisle, PA 17013 • (717 240-6195 e Fad(717 240-6573