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HomeMy WebLinkAbout08-3167COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff b8 - 3l Vl l V I I `C?Xr" 01 vs. GARY JACKSON, Defendant No. Civil Term : 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 R. Mege, E . Attorney ID N .81288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box. 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. GARY JACKSON, Defendant o - 316.7 TZ, No. Civil Term CIVIL ACTION COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Gary Jackson ("Jackson"), an individual with an address of 24 Field Stone Drive, Mechanicsburg, PA 17050. Count I - Breach of Contract 3. Defendant applied for and received a First USA Bank: credit card, account number 4071-5861-4000-2043. 4. Use of the First USA credit card was subject to the terms of the Cardmember 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 First USA credit card account number 4071-5861-4000-2043 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to Defendant's use of the First USA credit 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 Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A., parent corporation of First USA Bank) 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 Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale and Bill Of Sale are attached hereto, made a part hereof and marked collectively 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 April 5, 2008, the balance due and owing to Plaintiff from Defendant was $7,367.03. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $7,367.03 plus costs and interest from April 5, 2008 as well as reasonable attorneys fees of $1,841.76 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length.. 2 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by 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 $7,367.03 plus costs and interest from April 5, 2008 as well as reasonable attorneys fees of $1,841.76 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 Plaintiff to 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. 3 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's 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 $7,367.03 plus costs and interest from April 50, 2008. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $7,367.03 plus costs and interest from April 5, 2008 as well as reasonable attorneys fees of $1,841.76 and such other and further relief as the Court may deem just and appropriate. By: A M ge, Es ire Atty. I.D. #81 8 Attorney fof Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 d? .. .. i . : .. r } r wr V ? At..f• •et- C3ecnbe ' Agic'eement iltis is the.fir ectwitt dim atabCaita the tents oftonr Cardmevnixr kkautu C-AC MuuI -ith First MAL Sans; \A (McAU K wtoernts opnxd viii us durotgh other banks that Participate in off 112acrCuti/Vmu pwgsatn and tdwase stases . say be on she Cafe elf tour Camd1 Pkase rid it cxd aad keep it for lour teaor&'rots do tsor aced to sign &h Agrrecri K but please be sae b ' die matwctia?!tah bast of par Cud if yaa .Gave bot akteadv daft se. All twm6am d aeddt in ACCOtmt sae beitg wrade by Fast ISmI Baiuk. ?.A is lYdnsingtoaa, Dtllar tar daxa ihnd or Aim ax oatfurasyatraoQpnnacoftbatarmsand ofthaligsow+esmt Deralidowcladds thewatch"feu and'fowt"tilertorx4penon{pmdfandwwu* if aaorc flan true) o has gried for die Amount and axy othcr peon who has atgreed to be nsPotuvble Coolie 14aotaN ifve vrosds'?e' tic ad `ore" ndere 1 ram MBank. NA, a nicim ! banking awd2 »a "Cared" rafts b each U=wFCud and/or rem Cud daft is 'tssned on your ACnaax,TheCud smutbefcw awdorwtuerdaW a to or ouragmtttpoorogtorst. Uscog Your Accacut You may we pour Card or Amount to pun Curse or last softis or xsoioa or amounu you owe v&ovvcr the Cud b honored or unsfa balances Goo other 20-nts R=1 You slug also tape tine Cud to obtain ash bows CCWh Adw wc;*I Gam say ffaanaal institution that amoepts thc*pL You agree to naxept amts b lour Amosmt imt,ad of tadu tduods when the m gmal hudose vas dwCed to yom Astoount We auiT issue TAawa»ica& Owdx' w lou w" be used to fief your acdit line. Use of a Corfenimm Chcd wM be anted as a,turdwe is due asaaotmt or yolk daed? Eadt Comcmima Check wM comfit your Aaaaoat slumber and soar be used by due p mwo(s) wbare name(s) is/afr Prifted on sL £adr Must be Eosapksed and ssgtaod by ?or 66M of low) m dse amt Man- ner as a aegolar pesaaad dwd @'vie ptax, Cmvmicttoe kryourAmowc you any not use tbea tQ pal any auoataa !cc owe w dw your (?rdaaesaha Agroanatt or made fumy other atdd agrccMCut at amountytw oouy brie Vida us. Bra; Once a any d amx adased banks Obligadow Oa Yak AaaaameYou attadworirc us b pay and daa$trwAmmat for mA PtNdwo fad your Card our Ataxamt. Yas Cash Adana aside or obtained bt?ouor_qwic yeas' aurdnxsae b ore Pronrlhe b pay 0 far all of dkCk PurdV= and C2$h AdUCKM plus any Flunac Clors6 --ad- your Accotost and any other darges and fees which you say one vas under the ttrmh of this Agreeaserat_ Yota44 be obFepW b pa?• maboriad dorgcs b year Acv" %bcdh resulting fi- (() sa al we neyotr Card or Cwrmmicam: C bc&d (R) mail ader or ldepbood. rnnuputa er odua dbcmonic Pmdtass wade wMxPA prrsnuirg due Gard or (!) any other arta> stow when yea audioriac a dargr- or awabadae somode chc b unite a dtuge, to ye. Amount, Fads ecom viva is Wbded widen' ate ddird ion of the km 'you" above s ss?om - b pay the fiaR amamtw? of die Amoumc We may ne>;ermtswsaerathat you perm die 9 asooumt owed *WK%t first askiia; die odaa pa son (s) b pap A8 pagmft be made m UM da6am Any Muw* made by dio* or odrt nego- dAk eumu mt saint be .8 ca a US bank a a US branch of a k mip bank- Su*9 b fay aanboxy ptvuimors of sppGcsbk boa: wee va7 spplyiotr p:ytaeaa to awe bakawca is your Amosat it whatever wannest vie deommiae. Cke& lfne/Auhatiod th%-c Your aedwt One it skm an the killer mntaoeiag pour Grd 5mm we faro; nee par atilt fine, boas dmc to Etc, law latest aodit ine will aPPar oa your 210v'641 aaaftmacm Yea agree Not b note a Ptadaac or obtain a Cash Advance dwvo M coat tae wq-d bahttt t of your Acmunt to amee d yow aedt IIne. We xny Lair hadsases aid Bair Adana in ex e s ofvm aed4lire at arbte dines am lfwe tq this Agreement aim app5a se. dent-and louraasaebpgtheco=6omo Hilda Fwevcquatthat Ioadoao.Yata&=daweanaychmpa You, age caor3 at?t ?[Yt at aNy E®??e,r?M,?,t.?.?otN a?OClgg yDGr b rRldGr t WC i¢7ey `?"'4•""` [hht a s patOaN 0[ ya11[' 6 aTaiiabiecash Adgr = B; wt de. sad cooed tb alisak ynut be as A&zt d a have esmasdod lour Csodsime foratg peiPOaet diF&?daseaobaAgreement, Far accurityteastxat,wc amyfim k dues OuMberordOIT lit amoaan of Puatti>»S C AdvaoQ ><1d/Or itNOt Lby? c bt a7ow pWicdaidlacrcC wdorAcwmt,adwtbawed e tgb6?ambarbad" to u= or obc&CvthAdwnmsifweaoeaW knemmyco palmemaeaaceivedoayemAommml •Pt:iodc 5eut?s Wet+a? aeod.rsaaaaoms alt awe tad of ads auautbiy b?Ng twit io atbich lour Acmu ct bar adchi or teen babmoe of asame dam $War IFa Fibsaw Char ass bare. fiopaaod AtIko, dare odw and aaedit Ifa?araa M°mldy E'aymtnt> Fsortoe C?NEr; yo'r AAaosatam weeblew lIalaaaciao cayoww 4d1wWwwa tiskadMSIOA your kfdmsan Paytaant (due arc hjq Due float) is your New BayaorM Otbates? due LGmiuraaa ?y 6- ads ?tagcyde will be fat VOff df slo op or due Coal of (I) s56 of tht New BaLoeS (z) any anmaasmt paatdat plus is) idea. ass aubvauna titer yak ? fuse at flat tome of . You auv pay teat Ann the Minas= Moutbb h.waau and may at any fife Pay due AA aauomtyou one tst, Frtmm ChacLs Them is a m aisoum FINANCE C$AMM is the amaaw stated in dw Table of [nsemst Ghatges im any biftgde in wbids you one aFRUNC E CfIARGL+ We akin am the 'balance subject to FINANCE CHARGE for Fart Luses and Cssh ce we rccehme a Frio FUMNM fram ? ? you paw take fodie Admmm For C:uh wrsaAd ? dun? r PtudtaM YOU MM Not a i CFkKfise kxlCcEtA= an n w have ptetiaa Phi d-, is dym paid yaw New SAM= m fto by the Pamwt Due Date on Yaw proib s mtenmem far that balance wm also ors aedt amount) and you Par war New Balance in fat by die Papuoust Due Date an your current stattaoaat. To determine the Peiodic FflVANI E CHARGE we apply the appfiobk Dal- Periodic Rase m the balances of Pumb2sm Osh Advanca and ps by Purdtases The sum of dxx d dy aktdadons is the mod Periodic FU NCE ( 1AItGaf+ P aso armd Gsb adcatxa art Wad- ed in your daily bal w of the hoer of awe wum cdon dare or the begi mitsg of the m wltidm they fat pastcd to your Amount (coecepu that Comeniena 0*& alwns are included when acceded bytk payre)- Tl ,A- balassea for cu.t eyde Purdtasa .4 C;da Advuua and p1z" iotss c!dc Pu-%- ate akulatedsepanld anddetamiatdAsfollow 1. Caartm C7 ck Pbndsases and Cash Adtw Km We sun with the outstanding balance al the Lvbianing of dme amnent balinggek. c tike the beginning iaah= of Purcttascs and Cash Advances + on ytAw Aemum - da etas, %i;wb Ktekdta arty Paiodie FINANCE CHARGES to mWcd an the yrR?i- ats daf's batancc, aildaas roc r lltttitascs (K n?+gg fea chat arc trestod as Psadut4 nmd new Caslr AA+ancm and than Aalxiart am• Mmavcs Or aodiu. This Om us the sgwm dotty tnbetccs for Purdmm and Cash Adanors - L PYe+iota (ode ?ed?ee 41e sact+?adr r6c oarwndms balance at the 6e?roi+?dtbc pnviors bffrrgcydc.Wetakethe balattaeafPherltascsamyourAaotsoteadttt:y tlut qdq whine kKkx is my Cfi6kf;p5 atadarad on the pubw d W, &d., .4 add tavj Liar Pradua'(ardtft in that ue «rarod ss Ptrrdales) ud ss&aa a ar aefes This giKS as dtc iii balance Forpraigus ba%cm:k pares Mqk? he &Dy baWwr forprenaa cydr's mot"aod b he me fact;& 4 date pt b ng c)dc d }oa din 5$ be I6 &bnm on your prelim= start by he Payment puck Ora raiodc F Q•fARf?wsadtrpiapasodonthetkepra+dosaikmirodaa.orrrprtsottcstaraaerrr. if we have?p?a?I' petiadt tale offal bt clam am time to &Tl- the wr3 ---dy fora a+oati aatemau MA + was an)ww vmmb? sneemrem clue 6oianoaovW& die Tow osemapply-Them 6otatorsandthereined PPeg"FVMNMQiAMMvabee5_ mhw fm diem=manta tadmbedabae focauttm orpresiota cycle vamcdotis. aappSnbit 11Pe fi meaowwr of the Ear cc Charge an your Am mm br adi fta me8me C&.A b oe 'HNAN E ?tzh CSs4 Ibdvamoe wita? u 6 obrrincd fhe annual of the (} Ativmoe FDMNM MODE k OW im d.Tabk: of larctaiQ.,h, The motif F6irvA ma?Te oa 1-Aanuea foe s -nay ?t }rk vuM be ibe mm of the Perio&e FINANCE QIARCIm my Cb&Adra xz FINAN? ?gbddafor°°'mp°umdgofFa<anoe?Sa Cntera+?} am%vu m in wwom to ?epFiiynaocc thaw fie Wssedd abm ibe ? Caen g iurnsc 1-4 Y ' is dw ?uased' m? 6 ?? far the hour l mow m u the ahle d under tha psivde s 1°tt Agreemak, whedir or not you C. thole ptioeM -j paymaet tsf w? not affeaYamy of our rkhtr rnrderdus A6rnrmart. kK&m irtg our right m rerru? Lae Fee -- If we do not restive s from ym in at last the saatauA dyour Wmkm m MOO" Pq_U by the payaaati•Due Lsita+Ma ao yak moody 02SCOICK sue aaay & up you a hue P'1omml fee is &e ammw:c ued in due Table of km rm Qmrgc L Yow-I caul be dtaryed c., fate P MM-t fee for soy Idon(biy Paymtat which 6 not paid by the P4%omt Doe Date )actor Useck Fee -- Ir)mw bunk does oo(honor the dw& you gaae >A n pay amaaots you oar undcrd& Agreca awe ®rt trhses a diems bansue R is aotigoer!! a isothramirr irteged:r we may eitatge you a ecaum dude fain the rmoiust sated in dx Tabie offnlcty gchavec OvetS®t Fee -S1/e Sate the riglu d chargtean overfsoitfae is the autouot ? nr the I'?ble erC • 1°t?QntE¢(1)+fyarrAmokmtbafutneesmoodsyottr?pSed?ar6tfineat nrac a mOA?I or (? !f }}aatr ttolre a 1lncfotsc a obnim a Cs3i Admrtoe as a one whew your Amount b9ance is tttayour cra* form AdoAmisa c few-. lfyoa tequea photocopies orsata saps or dt pcG mpg of scm& taamor, a if you stisgaresl MM &M tun Gads ar aayspedal stavirxs W& at,e6omrr6 Oudsrro an - bOk)as VICE so pay bor reuomahlo throes for mrh smvpcm as %at time m doe in Thepce>medraigrsfora?xstiiorsarespco?adinmlx7abkdi'aterat Bowaerif you hems match ms rata *s or dup6cata statemesna im mmteaino frith aaydvutd brut/ mateerYatrrBtliugRg?').tR,ktBmeinporesfoe ifs b?mgarortsdoiose? Unless adrawim W-gad bt>biccn er. due aaraal UwwbcedV fec and any fast; rtwa dnd. awx Barka -moveFmWXbeadded10lowAaaotsaandbvimtMasaFhudmr- De5R* fCoBccd- (Caste YomAavtmt wl be in dd * and mre rmy tlemaod lmmod*pte paytatstt oC the a adve =wmt you one is tddvsre aitagyote poor pollee M (I) in may raoosh we do oa c m o ,oar iEnimm ibom5ly Piym,t 4 the Paklmeat Dry nmy M yat Unhe r M or eb4dn e5ah Adroaoe In esoea of?oa?rcuk toe {3) yon W a eramipiy rdds tlmAgstv?. (? tLoe s a ?w'6 ?y'am?? (51 pn e6eorbt+ame i?e,? sr (? we bcbe•+e ea gooQ GiAt dmt tyrepaq- meo ar of yore obf?rtims under t1tM?1¢re?era iC ? (pc ??rr tom As le yta Im Io t agra to pay aII ooaouton erptsoses'C°"al Wired ly s in die col- dattaommera twtetmdatldsllgrtszmesu (iotSsdmgtsmrttaoaaaumd OsefeeEE agatcy0owhi?tretdrlP"a??Atd6ttLecc9ewertiFxyourAemuttt amorrm epwho it Oct oWr-safadysdwd m trey. We vd1! not be dFgmrmplr>pc?!°" pas clue teaoaaYe at0ac we lmedctatruitad to aeem6ute m7 me oCyoarAoooteat l[a doh ba nonfood ac ?mrl?; m'Ci? ? C'`(-l X Aditxd= 1Aenaoatoriia»<yotQAaooerrxpriv?ex fasrtcrl6ebvr). Any claim. dopnoe or aintroreray C'Cbiml b dxher you or m6 the other, or AV-cm ?atepioyor agme?t,oyr s:ssVs d die eoodw x*i% from or sdit .im m7 wY' l Ott _dft 0' ` p,,&g dK Of dd! »6R clause or Bu v?g d dw ?e AVc menk da be molved by nding arbi=dw by the National ArWadca Fiutrm, wdw die Cede of f4oaedure in effort at &e time the Claims filed. Rnia and faros dthc,NadmW Atbbidw Faun may be obtained and agms may be [den al may National Atbiaadom Axum otfm wwwatbfostmi,cvm, or P.R Boa 30191. tdimxapok laaoxsoq td 36!(15, eRlmoeue I$OOd74,43Y1 Any ar)titma6oa honetg at wlurlt ynrr appur WO rshe p}- at s )nation vvithea tb a &kW jodisall des W thrt UWlda your bll wf addrttt at doe mku pc t b m6 atbitrata?m agrtreat is laude peeeauaut p it transaepam intolvirg 6ttmmtc evomaroe. and shad be tavattod br the &&W Arbiaaooo Act. 9 UsC 59 1-16Jurdgmem upon mny aebitrem a. and may b?ce entered at anyaourt!raving urisd;com. TT MI- we-= "r- to all Oximt rro.+in acatence or Chu loop arise in the future accept by 3931M arq ana M*ted thitti party to whom ownership of your Account may be mgrcd after ddmk (rides: nut pony dens to arNomic). Nodring in this Agteonm stns be cork. suvodlo pment anypariy i useof(oradvancaarnt orrnyQa Milefeases.or of=n in) ban&zgmC„ to fin" r Jta?eialtoreeioar>r or any other pmjudgmarior prtnesional rclatin ml tlst? seaaiq or properly intcrtsu for mnvactual debts now or 1Krcaher ritg Jury to dreother undertha Agrcemrnt IN THE ADSFWE OF TM ARBITRATION ACREF.MFNf YOC A.lD 1VE MAY OTHF.RWISF ILIAT HAD A RS(,.EfT OR OPM)RT.'XIIY TO;lTI(:A1Y(2_1ItiS TUROCGH A WORT. A-\M/OR TO PA 11MATE OR ifE Rt] RFS 1lt1) IN I!T)(AW\ FILM IN 0OUW In' OTI f- ERS aUT EXCEPT AS OTHEAWtSE PROVIDED ABOVL AIJ. CLAIMS MUST NOW BF RESOLVWTHROUM ARRMtATIOX Tawt66ere We mw acrmninxic y o'4 Pn` °" der this AV--t or Ruit . . Qk b e A, hadosa or ebtrm Cask Adwrom at am orne (and EA your Acmjaa in warmag bo7jems) ?aut antic= or bhft. Irwe tck you meat Must" raw Curls and NJ WKWA [:oni+eniance Cbods b us, ctx in h;KYoa agree dut you "M not my m make a Ptadtm or obtain a Cads Adrorhoe afxrpn ham bem oadW dot m use van Amount has bogie termamtM You any wt state this Agtt?t at any taanc.. } you must twist to is 31 Cards Gad Comrnioroe Ct?atia ptt riouszy ismed on de Amount-. Sjou cal a% we may tapirs than youtonfam p w inwu to oamirate wit- RV- Yar Groat hrnmEla0a w3 act affed your cx stsag obliipdocts under dris Agreaumt or yoar Ita- b y for all dwSc; Posted to your Account prior to the woe aI Cards and hmuaod Carrvemimm C bmb toed oa )owAwcurtt are seaaaed to is. Had= We vM scrod sw=ncMand any offer Votims w you at dtc attars dwm in our talcs Pthis it a job t account, we an aead s4aemasts and tsotiaa CO eied5 r Gr rm You pmadse to iron us ee proGOpd? m vsitisrg of arty die in yoea addreu We arty c? as daanvoss s?x?t aidsas cot. -dons dtc Utiitod 5trra•1'oGh1 Sawmr_ ?svarY Taamsmtioats~ Trarmctions in kcdgn anreacks wit be ooctaated to U.S. DAm Gad paatad b )Gar ?isoouat as the sate daamsned by 0m erCmd or VISA (or their aEr . ciustncy aux), u thefrt6e+ot atttrnc X09 --g- PtOO°111° and doageL C}s:ready, the mgvt>9GO ate$?eoaaiEladsaawbakc le maldrdw ora goernowtactodiud rak is Manton the date dmm caa -020 9 d by dte apP6abk aaa.uon, ch.%, dam.it,cd by lr.* C.d a VSA_ The txasay!eossvmion we tacd on die msn%:Ww due taay ufiffer[i era die cute in dka on dhedatermusedyourDrd mirAomant Sicip/esoaofiosd Fcatars From time to doe, we any 1d )w dip or radnmc she or mote mursds[p paysaeuts dNn a )va and/or we nary roardy reduce Of eiamste matain Finanoe ChUrm on *aorsportion, ofyasAmount bak-oroFeyou odxyspendownsB+reda,wewNadds rao( the waope std dttrsdon of the app6a6k step or procnodonal k3com When dr slip a promo6oml fawmend ,yours?#r Elea and tams.r? rtwwr- CbaW to tsb 6Vv=cat We Gat dnose die tarns dtbis Agrrwxs C 6ducG% the ANNUAL PER Cif RATE and any fees, atany t®c. We will oodfy yoo or the Barr- paufted bl applic able lac, any change in the Agreement wig become cRecti a at the tene xtaWd in our notice and rmkhs wt soak odnswbe, due dwtse wa apply to aA a ctan&ng tahrrra in your Amount as wdd as b new transamoor. cm k ydn®riomYou agree that ore may styrscst morwsna cm& u aett?od aa Eaoorwaocaea >ppG?tiors and the adsareimPsaorrits diorosns onea rnoeaeda arjohr AoonwrtYw with Your also as b urdit mEarmoon moaoamkrsyou oryarAahacmt wig (and answer , as mes?ates and aedu repormsg sgencics We coy short mwstrn= and aaquts, Gam) ad+as ;;h adormatimabrxstywwidsana&Tiimdmrapaes7es. , ? 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Box 6651, W&a6g o k DE 19899ML or vert* aft us al 1.806 M4101, of dsc ka or M of ptr Cad or Oxwenkmw Cihc& or me pouRk unauthasttd tier of)twr Amotmt to my case, ptv coa 'mum 116ft is SWX We any trnmute or limit amen to)cia Acoonat i{" have wxTied in. or we bare deurndmd dut your yard or Cbavadence C 4cc1n nay halal bean lot or Wotan, or tat these may be unau*xwbed accts to your Amount Awknmeat We nsayat any time assign Amount. any amts due an your Ammunt, this Apwmnt or our tuha uuda data AgrCenent. The person(s) to whorn w nuke any stxh am, r ment doh be to al dour *cs under this Agnemiou, to the aacat assigned COVERNNG LAW; 7H6 AGREEMENT AND YOUR AOO0(Arf WILL BE C4)VERNFA BY THE I,AWOFTHESCATEOFDEtAWAREAMASAPPUGIBMFMMALIAW. - fO pies Or Q1uesbats_ You may addrtss any inquiries or questions'which you hex about your Amount yr Fits' USA Bunk NA, P.O. Boa 6651, WRm4Vm Ocbw%re 19899-8651, or you may aB ufm 140M V-7101. Wyou ulephom u s instead of writing, you rnry I%c certain rights the tax gives ydtr to dispute billiag errors (set Your Billing Right' ). - 4 I UUK ts"Aj"v ••••,..:.. •. ? •? Nopoc for Fwute the fttiis no6oc ?nntreni u ittkxixadcxi aixxtt •<xn k+ts and cxtr rrs70cts+RxTO5M nrxlrr the fur Grodit t3c?ftn6 ?- . 140" w fn Cage Of Flvws Or Questions Rbo°t Your tti °" if Tw di-,k row blE is rtap,, or if you aced more iO at,uuc a DAMM 19M9- Vf&r6VM Sams 8661 O P NA . . .. L watt us on a sepaate t 10m u R t [5A Bank. L. Vh1t, to as as soon as Poste WC must har Lna ?vn a tats tiw 80 BA so wdl sot Yew otn b bO°e ?, &69 bk - d m Tp - - the k% bilk m wticdt dw sitar or pto Praecx!°'o ? ?' to your kn-. Give us rise f4otangk& e ¢ Your rime and aomuat u-tbex. Mld uraz. • Fhe da[tar asnouat of dtt: 6Jcte there is as error. ` ° s`d r d the kmyyon sss not stir a abort • ' .. tfyaittced mote mfornmio4 Yatr MCW,;.d O. 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' aq p to k wag ka =yo- we Mpw 70° sa ?tdpr_U hsve 1 ? ? we•-r---Imto dot the tall- 01>C?t repOtt?d ]DO a• RC rAdR 1? tJ?X ute Of af1 . ? h r y e ro /spa t ? titan bOCil R?lea ?NlGa t4lll10i 1[?? i Cwat d l?wedon'tfoBotrttxserrdes.?aataolferttheFastS54ddse9°ssd°°°dsmouttt, y«tr bO f was owca:L $pe Fide ForCeeddCudewth- vddr dttgt W d PM-"Y' f sr-Am tx h 7 ? wt<h a aa toed, hnc i ood Ludt o mrttcl the prim w? 15e you malbM the e n?ht dtis ?kt o t i ? t j ?, na n oos ar joa aad not to p? ttre amotmt due on the ptnpaty'd sew Th- arc eto tom+tat t (ajYaumcathzte rsode t mks ?of?tmt sd?dxor. md??ywrbome aa widtin i00 ? a e, been mote thm ie ' mmtht (b) •? pwrlsue pttoe Tb= do oocapp? f we awn ar opasst dx ttvetrhorst, or if wed you the adatrd-- t L mmtfwdve pmpatyanaTw= r • i FIRSTUSAO M-24275 90NAFMPFUSA-QCC 9 . 7198 4 I . Fiat USA Bank Post Office Box 8650 Wilmington, DE 19899.8650 Rtdwd W. Vague President Chic( Executive Officer FIRSj' USA Dear Cardmember. We would like to express our pleasure in having you as a valued Cardmember of First USA Bank. We are looking forward to providing you the superior scryitx and exceptional benefits you deserve. In this booklet, you will find your Cardmernber Agreement- Please rake the time to read your Agreenxnt and keep it in a safe place for future reference. Before you start using your account and c*ying its many privileges, please be sure to sign the back of your card. Our Cardmcmber service.representacives are at your service 24 hours a day, 365 days .2 year at 1-800-955-9904. Please feel free to tali us at your convenience, or write us at the above referenced address if we can assist you in any way. Again, thank you for the opportunity to serve you. Sincerely, Richard W. Vagu A First USA Compaer Member FDIC 1EXffiBIT A I. _ BILL OF SALE Chase Bank USA,.N.A. (as successor through merger.with Bank One, Delaware, I.A.) ("Seiler"), for value received and pursuant to the terms-and conditions of Credit Card Account Purchase Agreemeni dated November 22, 2005 between Seller and Uoifund Portfolio A, LLC ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the Cut-off Date of December 19, 2005 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by awire transfer to be received by Seller on December 23, 2005 (the "Closing Date") by 2:00 p.m. Seller's time; as follows: Chase Bank USA, NA ABA #021000021 Beneficiary Marne: Chase Bank USA; N.A. Beneficiary Account: 0304-253420 This Bill of Sale is executed without r%' ourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of tide or enforceability is expressed or implied. Chase Bank S By: •? Date: Odoember 20, 2015 Title vice President Unifaud o By' 4,rr? Date: _Dggember 20 2005 Title te rlr 1. •' ' _. r uniFund t Unifund CCR Partners BILL OF SALE Uaifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. Purchaser'), dated as of January 26, 2007 (the "Agreement'), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and dean of. all liens, claims and, encumbrances in and to the Accounts listed in- the Account Schedule attached as Appendi% A to the Agreement, without recourse aiad without representation or warranty of collectibdity, or otherwise, except to the extent stated in the Agreement Executed on January 26, 2007. . zNIF U`D CCR PARTNERS For Uniiund Use ONLY 34 Client # PID CIA # M VERIFICATION I, Danny Venditti, Vice President of Commonwealth Financial Systems, Inc., 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 understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4904, relating to unsworn falsification to authorities. i y Date: 4iiitti CFSI File No. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03167 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS JACKSON GARY DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JACKSON GARY the DEFENDANT at 0020:56 HOURS, on the 21st day of May 2008 at 24 FIELD STONE DRIVE MECHANICSBURG, PA 17050 by handing to GARY L JACKSON DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 x'02410$ L ? 44.00 Sworn and Subscibed to before me this day of I _ So Answers: R. Thomas Kline 05/22/2008 ALAN MEGE By: ?? eputy She ff A.D. Deanna Lynn Saracco Attorney at Law 76 Greenmont Drive Enola, PA 17025 717-732-3750 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM Gary L. Jackson, Defendant. DEFENDANT'S PRELIMINARY OBJECTIONS FILED BY GARY L. JACKSON AND NOW COMES Defendant, by and through his counsel, and files these Preliminary Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and the following: I 1. 2 3 4 5. II. INTRODUCTION Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about May 19, 2008. Plaintiff seeks damages pursuant to a credit card agreement with Fleet Bank, however, Plaintiff failed to provide a copy of the agreement, signed by the Defendant. Plaintiff failed to provide documentation that would show whether or not Defendant's last payment made within the statute of limitations. Defendant's account was charged off in June of 2004, at which time, the account was already in default for at least 90 days. Plaintiff demands the amount of $7,367.03, which includes interest, fees and costs. See Complaint at Paragraph 12 of the Complaint. LEGAL ARGUMENT 6. The alleged consumer debt in question involves a credit card agreement between the Defendant and a third party, Fleet Bank. (Hereinafter Agreement) 7. There is no copy of the Agreement, signed by Defendant, attached to Plaintiff's Complaint. 8. Plaintiff attached a self-serving document from its internal records which does not validate, verify or otherwise, provide evidence that Defendant owes the amount alleged by the Plaintiff. 9. Further, Plaintiff failed to provide documentation as to the last payment made by Defendant, and Defendant believes that this Action is time-barred. 10. Pennsylvania law requires that Plaintiff have a valid assignment of the alleged debt prior to having authority to collect same. 18 Pa.C.S. §7311(a)(1) and (2). 11. Pennsylvania law requires Plaintiff to have proper documentation in order to collect interest, fees and/or costs. 18 N.C.S. §7311(b)(1). 12. Plaintiff failed to attach any written documents to its Complaint that would show it has authority to collect interest, fees and/or costs. 13. Plaintiff's Complaint is time-barred since the last payment was made over 4 years and as such, the account was in default for more than 4 years prior to Plaintiff bringing this Action. 14. Plaintiff failed to afford Defendant the opportunity to dispute the alleged debt, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. 15. Plaintiff failed to afford Defendant any rights in the collection of the alleged debt, pursuant to 15 U.S.C. § 1692 et seq., as well as Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 16. The Plaintiffs Complaint should be dismissed because Plaintiff's Complaint is based on various written documents, not attached to the Complaint. 17. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1019. 18. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1024. 19. Plaintiff failed to provide sufficient information to verify its Complaint. 20. Damages alleged by the Plaintiff are inaccurate and unlawful and not owed by the Defendant because Plaintiff suffered no ascertainable loss of money or property. 21. Plaintiff has no standing to bring this Action. 22. Plaintiff is not entitled to recover attorney fees and costs. 23. Plaintiff is time-barred from bringing this action. 24. Defendant requests that Plaintiff provide proof as to how the alleged debt was calculated. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiffs complaint with prejudice. Dated: 6/2/08 Certificate of Service: By: /s/Deanna Lvnn Saracco Deanna Lynn Saracco, Attorney for Plaintiff 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: 6/2/08 44, By:/s/Deanna Lvnn Saracco ? ?? ?` L? r::.7 ft .c' "'( 4 ??'1 .. y. y ?i..t y V f _ :? ;'? y 5 r.,4) ; C --^C ?;"` COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-3167-Civil Term vs. : CIVIL ACTION GARY JACKSON, Defendant PLAINTIFFS PRELIMINARY OBJECTIONS TO DEFENDANTS PRELIMINARY OBJECTIONS The Plaintiff, by and through their counsel, Alan R. Mege, Esquire, makes the following Preliminary Objections to the Defendant's Preliminary Objections in the aforesaid matter: I. Failure of Pleading to Conform to Rule 1. Defendant filed Preliminary Objections on or about June 3, 2008, alleging, Plaintiff's Complaint being time-barred. 2. Pa.R.C.P. No. 1028(a)(4) Note provides" The defense of a bar of a statute of fraud or statute of limitations can be asserted only in a responsive pleading as new matter under Rule 1030." (Emphasis added). 3. As Defendant's Preliminary Objections ask for a demurrer on the basis of the statute of limitations, same are in violation of Pa.R.C.P. No. 1028(a)(4). WHEREFORE, Plaintiff, requests that the Preliminary Objections of Plaintiff be sustained and that the Defendant's Preliminary Objections are dismissed with prejudice. By: Al . Mege, Esge Atty. I.D. #81288/ Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-3167-Civil Term VS. GARY JACKSON, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on July 2, 2008, 1 served upon Defendant, Plaintiff's Preliminary Objections to Defendant's Preliminary Objections by mailing same, first class, postage prepaid, via regular mail to: Deanna Lynn Saracco, Esquire, 76 Greenmont Drive, Enola, PA 17025. By: Al ege, Es ire I.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 -??,,r-?4 r' ? ' ? ?? -? ....i ,.?? ?. ?_ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 08-3167-Civil Term vs. GARY JACKSON, Defendant : CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 2. Denied. Plaintiff seeks damages pursuant to a credit card agreement with First USA Bank. Furthermore, Pa.R.C.P. 1019(i) does not state that it requires a signed contract. Lastly, the contract provides that when you use the account, you agree to the terms contained in the Cardmember Agreement (contract), accordingly, a signature is not required. 3. Admitted. By way of further answer, same is available to Defendant through Discovery. Moreover, as Defendant was sent account statements, this information is already in his possession. 4. Denied. Defendant's last payment was received and credited on October 29, 2004 and his account was charged off on December 7, 2004. 5. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 6. Denied. The consumer debt involves a credit card agreement between the Defendant and First USA Bank. 7. Admitted in part and Denied in part. It is admitted that the Agreement is not signed by the Defendant. It is denied that the Agreement must be signed by Defendant as the Agreement specifies "Any use of this account shall constitute acceptance of the terms of this Agreement." Furthermore, Rule 1019(1) only requires the attachment of a writing, not a signed writing. 8. Denied. By way of further answer, Defendant does not state to what document he refers. 9. Denied as a conclusion of law to which no response is required. Furthermore, It is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). By way of further answer, as Defendant was sent account statements, this information is already in his possession. 10. Denied as a conclusion of law to which no response is required. By way of further answer Plaintiff's Complaint sets forth a proper and legal assignment and attached supporting documents. Furthermore the statute applies to collection agencies, not to owners of the debt. 11.Denied as a conclusion of law. By way of further answer, it is specifically denied that Plaintiff has failed to attach proper documentation. 12. Denied. It is specifically denied that Plaintiff has failed to attach proper documentation. Plaintiff's exhibit "A" clearly provides for interest and attorneys fees. 13. Denied. It is specifically denied that Plaintiff's Complaint is time-barred. Furthermore, Statute of Limitations may not be raised by Preliminary Objections. 14. Denied as a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied the Plaintiffs actions violate the Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. § 1692. Furthermore, by letter of April 16, 2008, Defendant was offered an opportunity to dispute. 2 15. Denied as a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied the Plaintiffs actions violate 15 U.S.C. § 1692 et seq., as well as Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. Furthermore, by letter of April 16, 2008, Defendant was offered an opportunity to dispute. 16. Denied. All documents required by the Pennsylvania Rules of Civil Procedure are attached to Plaintiff's Complaint. 17. Denied as a conclusion of law. By way of further answer, Plaintiff is in compliance with Pa.R.C.P. 1019, as all required documents are attached to Plaintiffs Complaint. 18. Denied as a conclusion of law. By way of further answer, Plaintiff is in compliance with Pa.R.C.P. 1024, as a verification is attached to Plaintiff's Complaint. 19. Denied as a conclusion of law to which no response is required. 20. Denied as a conclusion of law to which no response is required. To the extent a response is required same is denied, as Plaintiff has suffered a loss by Defendant not paying the monies owed on his account. 21. Denied as a conclusion of law to which no response is required. To the contrary, as owner of this debt, Plaintiff does have standing to sue. 22. Denied as a conclusion of law to which no response is required. To the contrary, pursuant to the Contract, Plaintiff may recover costs, fees and interest. 23. Denied as a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied that this action is time-barred as suit was commenced less than four years from the time of default. 3 24. Denied. Documentation of the calculated balance is available through discovery. It is not necessary to plead evidence which can be developed through discovery. Furthermore, as Defendant was sent account statements, this information is already in his possession. WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. By: -? Alan R.?,ge, Esquire Atty. I.D. #81288 Attorney for Plaintiff 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. GARY JACKSON, Defendant No. 08-3167-Civil Term CIVIL ACTION CERTIFICATE OF SERVICE 1, Alan R. Mege, Esquire, hereby certify that on July 2, 2008, I served upon Defendant, Plaintiffs Reply to Defendant's Preliminary Objections by mailing same, first class, postage prepaid to: Deanna Lynn Saracco, Esquire, 76 Greenmont Drive, Enola, PA 17025. By. an R. M' squire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 a co r- co Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive, Enola, PA 17025 717-732-3750 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM Gary L. Jackson, Defendant. NOTICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: 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 is 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 further notice for any money claimed in the Complaint, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 1-800-990-9108, 717-249-3166 NOTICIA Le han demandado a usted en la torte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene vient(? (20) dias de plazo al partir de la fecha de la excrita o en persona o por abogado y archivar en la torte en forma excrita sus defensas o sus objectiones a las demande, la torte tomara medidas y puede entrar una order contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ADOGADO IMMEDIATAMENTE. ST NO TIENE P_BOGADOO SI NO TIENE EL DINERO SUPICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive, Enola, PA 17025 717-732-3750 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. Gary L. Jackson, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES NEW MATTER FILED BY GARY L. JACKSON AND NOW COMES Defendant, by and through his counsel, and files this Answer, Affirmative Defenses, New Matter, and in support thereof, avers as follows: ANSWER I. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 2. Admitted. COUNT I - BREACH OF CONTRACT 3 Admitted. 4. Admitted in part, denied in part. It is admitted only that Defendant was aware that a credit card agreement existed. However, since the Plaintiff failed to provide a copy of the agreement signed by the Defendant, the date of the agreement attached to the Complaint, the date of the last payment and any such amendments that may apply to the Defendant. As such, Defendant is without sufficient information as to the truth of the averments contained in the remainder of the Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 5. Admitted in part, denied in part. It is admitted that Defendant made purchases with his First USA Card, as did his wife, however, Defendant cannot recall if he or his wife used the card for cash advances and/or balance transfers. Defendant does not recall receiving credit card statements for the First USA card for many years and after his divorce, did not retain copies of the statements. The balance of the paragraph is hereby denied. 6. Admitted in part, denied in part. Defendant admits that he received statements on the account, Defendant does not recall receiving First USA Statements since the 1990's and does not have copies of any statements. The balance of the paragraph is hereby denied. 7. Denied as stated. Defendant admits that he fell behind on some payments over four years ago, however, Defendant does not have sufficient information regarding the credit card agreement since it is unsigned, undated and the account was sold multiple times. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 8. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 9. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response. Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. 10. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. 11. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response. Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. 12. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiffs complaint with prejudice and award Defendant statutory damages, attorney fees, costs. COUNT II - ACCOUNT STATED 13. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 14. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 15. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 16. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiff's complaint with prejudice and award Defendant statutory damages, attorney fees, costs. COUNT III - QUANTUM MERUIT 17. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 18. Denied as stated. Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to collect a windfall profit. 19. Denied as stated. Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to collect a windfall profit. 20. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to collect a windfall profit. 21. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to collect a windfall profit. 22. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to collect a windfall profit. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiff s complaint with prejudice and award Defendant statutory damages, attorney fees, costs. AFFIRMATIVE DEFENSES 23. Defendant incorporates the forgoing as if fully set forth herein. 24. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 25. Plaintiffs claims are barred by the doctrines of waiver, estoppel and/or laches. 26. At all times pertinent hereto, defendant acted in accordance with or within the confines of applicable law. 27. The damages alleged by Plaintiff are inaccurate and unlawful and not owed by the defendant. 28. The Plaintiff suffered no ascertainable loss of money or property. 29. There never was a contract between Plaintiff and Defendant. 30. Plaintiff never gave money, property or services to the Defendant. 31. Plaintiff purchased the alleged debt for a nominal amount, in an attempt to gain a windfall profit. 32. The Plaintiff does not have a proper assignment of the alleged debt. 33. This Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 34. The Plaintiff is not entitled to recover attorney fees and/or costs because there is no contract between the Plaintiff and Defendant. 35. Defendant disputes the alleged debt and how the alleged debt was calculated pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. 36. Plaintiff is time-barred from bringing this Action. 37. Latches, estoppel and any other affirmative defense relating thereto, are hereby asserted. 38. Defendant reserves his right to assert additional affirmative defenses as discovery warrants. NEW MATTER 39. Defendant hereby incorporates the forgoing as if fully set forth herein. 40. Defendant believes and therefore avers that this Action is time barred and the Defendant is in the process of conducting research to verify the information. 41. Plaintiff raised the issue of Quantum Meruit as a means to deceive and mislead both the Defendant and this Honorable Court since the Plaintiff provided no services from the Plaintiff, other than to provide harassment toward the Defendant. 42. Plaintiff raised the issue of Account Stated as a means to deceive and mislead this both the Defendant and this Honorable Court since the Plaintiff had no course of dealing or pre-existing account with the Plaintiff. 43. The statements made by the Defendant in Count II and III contain numerous false statements. 44. The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., prohibits the misrepresentation of the legal status of an alleged debt, or any false, deceptive or misleading means in an attempt to collect a debt. 45. Defendant hereby disputes the alleged debt. 46. Defendant does not believe he owes the amount alleged by the Plaintiff in its Complaint. 47. Defendant believes and therefore avers that providing "sufficient" information to draft a complaint pursuant to civil procedure rules, is insufficient as to compliance with Title 18 Section 7311 of the Pennsylvania law and that Pennsylvania law prevails over a rule of procedure. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiffs complaint with prejudice. Dated: 7/14/08 By: / aracco Deanna Lynn Saracco, Attorney for Defendant Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw(aDaol.com Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: 7/14/08 By:/s Dean vnn Saracco Verification I hereby certify that the averments in the Preliminary Objections, and/or Answer, New Matter, Counter-Claims and Affirmative Defenses are true and correct to the best of my knowledge, information and belief. I verify the facts set forth in this document knowing that any false statements are subject to perjury, punishable by law pursuant to 18 C.S.A.§4904. Dated: 7 1100 By: ?! C?e 61 r'^' C ? t`? . { 39 ',. V • _ ` ' :- L. ,^y ... ? ? ' r ;.. .. ? j t ? ..; ?? ? ?? . t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-3167-Civil Term VS. CIVIL ACTION GARY JACKSON, Defendant PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANT'S ANSWER. AFFIRMATIVE DEFENSES AND NEW MATTER The Plaintiff, by and through its counsel, Alan R. Mege, Esquire, make the following Preliminary Objection to the Defendant's Answer in the aforesaid matter: I. Failure of Pleading to Conform to Rule 1. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) Number 1030 provides that affirmative defenses and any other material facts which are not merely denials of the averments of the proceeding pleading shall be pleaded in a responsive pleading under the heading "New Matter." 2. Defendants Answer contains possible affirmative defenses and other material facts which are not merely denials of the averments of the proceeding pleading and has plead same under the heading "Affirmative Defenses". WHEREFORE, the Plaintiffrespectfully requests that this Honorable Court strike the Defendant's Answer, Affirmative Defenses and New Matter. II. Insufficient Specificity - Pa.R.C.P. 1028(a)(3) 3. Paragraphs 1 through 2 are incorporated herein by reference as if fully set forth. 4. Pennsylvania is a fact pleading state and requires sufficient specificity in pleadings. 5. Pursuant to Pennsylvania Rule of Civil Procedure 1019(a), the complaint must contain in a concise and summary form the material facts of which a cause of action or defense is based. 6. Defendant claims that the damages alleged by Plaintiff are inaccurate and unlawful and not owed by the defendant. 7. Defendant fails to point to any specific facts or examples as to how the damages are inaccurate or unlawful and not owed by defendant. 8. Defendant states that Plaintiff purchased the alleged debt for a nominal amount, in an attempt to gain a windfall profit. 9. Defendant fails to point out any specific facts as to how the Plaintiff attempted to gain a windfall profit. 10. Defendant states that this Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 11. Defendant fails to specifically state why this Honorable Court lacks subject matter jurisdiction. 12. Defendant disputes the alleged debt and how the alleged debt was calculated pursuant to the Fair Debt Collection Practices Act. 13. Defendant fails to point out any specific facts or examples as to how Plaintiff did not calculate the debt pursuant to the Fair Debt Collection Practices Act or state which sections of the Fair Debt Collection Practices Act was violated. 14. Defendant alleges that Plaintiff raised the issue of Quantum Meriut as a means to deceive and mislead both the Defendant and this Honorable Court since the Plaintiff provided no services from the Plaintiff, other than to provide harassment toward the Defendant. 15. Defendant fails to provide examples of how Defendant was harassed and how the Court was misled. 16. Defendant alleges that Plaintiff raised the issue of Account Stated as a means to deceive and mislead both the Defendant and this Honorable Court since the Plaintiff had no course of dealing or pre-existing account with Plaintiff. 17. Defendant fails to provide examples of how Plaintiff was trying to allegedly mislead the Defendant and this Honorable court. y 18. Defendant alleges that statements made by the Plaintiff (incorrectly identified by Defendant as Defendant) in Count II and III contain numerous false statements. 19. Defendant fails to specifically provide which statements of the Plaintiff in Count II and III are false. 20. Defendant alleges that providing "sufficient" information to draft a complaint pursuant to civil procedure rules, is insufficient as to compliance with Title 18 Section 7311 of Pennsylvania law and that Pennsylvania law prevails over a rule of procedure. 21. Defendant fails to state how "sufficient" information is insufficient with Title 18 Section 7311 of Pennsylvania law. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court strike the Defendant's Answer, Affirmative Defenses and New Matter. By: Al . Mege, Esq Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 ? ; -, r_ ., ..{ M F "''? Sl??:- ?; i ,.: r . (j i ., .; _?. µs ... j ..M" 1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Commonwealth Financial Systems, Inc. Vs. Gary Jackson ( Plaintiff ) (Defendant) No. 3167 Civil CV 20 08 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's denxirrer to complaint, etc.) : Plaintiffs Preliminary Objections to Defendants Answer, Affirmative Defenses and New Matter 2. Identify counsel who will argue case: (a) for plaintiff: Alan R. Mege, Esq. urea': P.O. Box 1426, Bethlehem, PA 18016-1426 (b) for defendant: Deanna Lynn Saracco, Esquire, mss: 76 Greenmont Drive, Enola, PA 17025 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 22, 2008 Dated: 8/5/08 At for Plaintiff 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. GARY JACKSON, Defendant No. 08-3167-Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on August 5, 2008, I served upon Defendant, Plaintiff's Praecipe to List Case for Arguement by mailing same, first class, postage prepaid, via regular mail to: Deanna Lynn Saracco, Esquire, 76 Greenmont Drive, Enola, PA 17025. By: Atty. I.D. #81 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 ? 0 _ a _ COO r 73 a :'rn 5 ' c rt i Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive, Enola, PA 17025 717-732-3750 COMMONWEALTH FINANCIAL SYSTEMS, INC., : Plaintiff, V. Gary L. Jackson, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM DEFENDANT'S AMENDED ANSWER AFFIRMATIVE DEFENSES NEW MATTER FILED BY GARY L. JACKSON AND NOW COMES Defendant, by and through his counsel, and files this Answer, Affirmative Defenses, New Matter, and in support thereof, avers as follows: AMENDED ANSWER 1. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 2. Admitted. COUNT I - BREACH OF CONTRACT 3. Denied as stated. Defendant applied for a First USA card, however, the account number was 4246-1710-0608-0126 and the account was closed by the Defendant in 1999, with a zero balance. 4. Admitted in part, denied in part. It is admitted only that Defendant was aware that a credit card agreement existed. However, since the Plaintiff failed to provide a copy of the agreement signed by the Defendant, the date of the agreement attached to the Complaint, the date of the last payment and any such amendments that may apply to the Defendant. As such, Defendant is without sufficient information as to the truth of the averments contained in the remainder of the Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 5. Admitted in part, denied in part. It is admitted that Defendant made purchases with his First USA Card, however, the account number provided in the Complaint corresponds to a Huntington Bank card, not the First USA card. 6. Admitted in part, denied in part. Defendant admits that he received statements on the account, Defendant does not recall receiving First USA Statements since the 1999 when the Defendant closed the account. The balance of the paragraph is hereby denied. 7. Denied as stated. Defendant admits that he fell behind on some payments over four years ago, however, Defendant does not have sufficient information regarding the credit card agreement since it is unsigned, undated and the account was sold multiple times. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 8. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 9. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. 10. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. 11. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. 12. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant's account is more than four years old and he did not retain a copy of the original agreement or amendments that may or may not apply to the alleged account. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiff's complaint with prejudice and award Defendant statutory damages, attorney fees, costs. COUNT II - ACCOUNT STATED 13. Defendant is without sufficient information as to the truth of the averments contained in this Paragraph. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 14. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. 15. This is a conclusion of law to which no response is required. To the extent a response is 21. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to make a profit. 22. This is a conclusion of law to which no response is required. To the extent a response is required, it is hereby denied and strict proof is required at time of trial. By way of further response, Defendant never had an agreement with the Plaintiff. Defendant never received goods or services from the Plaintiff. Defendant never received money from the Plaintiff. Further, Plaintiff had no ascertainable loss and voluntarily chose to pay a nominal amount for the alleged account in an attempt to make a profit. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiff's complaint with prejudice and award Defendant statutory damages, attorney fees, costs. AFFIRMATIVE DEFENSES 23. Defendant incorporates the forgoing as if fully set forth herein. 24. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 25. Plaintiffs Complaint is time barred, as no payment was made in October of 2004, as alleged by Plaintiff, see attached Exhibits. 26. Plaintiffs claims are barred by the doctrines of waiver, estoppel and/or laches. 27. At all times pertinent hereto, defendant acted in accordance with or within the confines of applicable law. 28. The damages alleged by Plaintiff are inaccurate and unlawful and not owed by the defendant. 29. The Plaintiff suffered no ascertainable loss of money or property. 30. There never was a contract between Plaintiff and Defendant. 31. Plaintiff never gave money, property or services to the Defendant. 32. Plaintiff purchased the alleged debt for a nominal amount, in an attempt to gain a profit. 33. The Plaintiff does not have a proper assignment of the alleged debt. 34. This Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 35. The Plaintiff is not entitled to recover attorney fees and/or costs because there is no contract between the Plaintiff and Defendant. 36. Defendant disputes the alleged debt and how the alleged debt was calculated pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. 37. Plaintiff is time-barred from bringing this Action. 38. Latches, estoppel and any other affirmative defense relating thereto, are hereby asserted. 39. Defendant reserves his right to assert additional affirmative defenses as discovery warrants. NEW MATTER 40. Defendant hereby incorporates the forgoing as if fully set forth herein. 41. Defendant believes and therefore avers that this Action is time barred and the Defendant is in the process of conducting research to verify the information. 42. By way of further response, the Plaintiff asserts that Defendant made no payment on account number 4071-5861-4000-2043, in October of 2004. Records found by the Defendant show that on account number 4071-5861-4000-2043, no payments were made. See Exhibits attached. 43. Plaintiff s Complaint contains numerous false statements. 44. The First USA account number was 4246-1710-0608-0126. 45. The Huntington Bank account number was 4071-5861-4000-2043. 46. The account number alleged in Plaintiffs Complaint is for a Huntington Bank Visa, see Exhibits attached. 47. The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., prohibits the misrepresentation of the legal status of an alleged debt, or any false, deceptive or misleading means in an attempt to collect a debt. 48. Defendant hereby disputes the alleged debt. 49. Defendant does not believe he owes the amount alleged by the Plaintiff in its Complaint even if the Plaintiff were to amend its Complaint, because Defendant closed his First USA account in 1999, with a zero balance and the Huntington Bank account was less than what the Plaintiff alleged in its Complaint. 50. Defendant believes and therefore avers that providing "sufficient" information to draft a complaint pursuant to civil procedure rules, is insufficient as to compliance with Title 18 Section 7311 of the Pennsylvania law and that Pennsylvania law prevails over a rule of procedure. 51. Defendant believes and therefore avers that the First USA contract, attached to the Complaint, bears no relationship to the Huntington Bank account number, alleged in Plaintiff s Complaint. 52. Defendant believes that the Plaintiff did not properly verify its Complaint in accordance with 18 Pa..C.S. §4904 and the Rules of Professional Conduct. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiff s complaint with prejudice. Dated: 8/11/08 Certificate of Service: By: /s/D AntLy4nn Saracco Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: 8/11/08 414" By:/s/Deanna Lvnn Saracco Verification I hereby state that the information contained in the Amended Answer, Affirmative Defenses and New Matter is true and correct to the best of my knowledge, information and belief. I understand that false statements made are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: ?l /Z o By: Chase BankCard Services, Inc. d CHAS E P O Box 52188 Box 52188 _? Phoenix, AZ 85072-2188 r GARY L JACKSON 005172 NOVEMBER 4, 2004 24 FIELDSTONE DR MECHANICSBURG, PA 17050-1725 = ease RE: Huntington@ Visa® Card Account No: 4071-5861-4000-2043 Dear Gary L Jackson , You have failed to meet your payment obligation in accordance with the Cardmember Agreement. As a result, your account is scheduled for Charge-Off. Please be aware of the added costs this may cause as well as the major derogatory rating which will be reflected on your credit report. To avoid this action, please send us the amount of $565.00 within seven days. To resolve this issue call Chase today and make your payment by phone. The situation becomes more severe each day. Utilize our fast Immediate Pay service now. If you prefer to mail your payment, a payment coupon is attached for your convenience. We are still willing to work together with you on this matter. Please contact a Chase Representative at 800-334-3942, between the hours of 6:00 AM to 9:00 PM, Monday through Thursday, Friday, 6:00 AM to 7:00 PM, Saturday, 6:00 AM to 3:00 PM, and Sunday, 9:00 AM to 6:00 PM MST. If you have already mailed your payment, thank you. Regards, Collection Department ACCOUNT IS OWNED BY CHASE MANHATTAN BANK USA, N.A. AND MAY BE SERVK:ED BY ITS AFFILIATES. 'CALLS MAY BE MONITORED AND/OR RECORDED TO ENSURE THE HIGHEST LEVEL OF QUALITY SERVICE. ----------------------------- -------------------------------------------------------- -------------------------- PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENTIN THE ENCLOSED ENVELOPE 988925 0 CHASE Account No: 4071-5861-4000-2043 BALANCE MINIMUM DUE I $6,089.78 $665.00 Print New Address: change of address and telephone Bus:l 1 number: Phone (Home): L_ GARY L JACKSON 24 FIELDSTONE DR MECHANICSBURG, PA 17050-1725 Enter Amount Enclosed in Boxes Below s?aaooyf]o F1 Pbaaa mak Huntington Banks CHASE MANHATTAN BANK USA, N.A. PO BOX 15583 WILMINGTON, DE 19886-1194 lilt ui,,,m1isII,i,Ii,,,,,tui1,,i„1,ifi,i,,,11111 111111 sill I so 111 1111111111111 11111111111111 11111111111 4234 CHR9813 JPMF2077 0032 ,...,,.nnnn..u.,.nAnAnnnnnci79 C7 rv : 1 i MF= V W ._... ?wW? 4c CO COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. Gary L. Jackson, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE AS COUNSEL FOR DEFENDANT I hereby Withdraw my appearance on behalf of Defendant Gary L. Jackson, in the above captioned matter. Attorney Lawrence J. Rosen entered his appearance. Please change the docket to reflect that Attorney Lawrence J. Rosen is now attorney of record. Dated: '`//3 0 Y Respectfully submitted, Dea a ynn Saracco, Attorney 76 Greenmont Drive Enola, PA 17025 717-732-3750 Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: 3 ?") r Lawrence J. Rosen, Attorney Krevsky & Rosen 1101 North Front Street Harrisburg, PA 17102 By: CD CD -sx M rrtM r C7 W ~ COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. Gary L. Jackson, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM PRAECIPE TO ENTER APPEARANCE I hereby enter my appearance on behalf of Defendant Gary L. Jackson, in the above captioned matter, replacing attorney Deanna Lynn Saracco. Please change the docket to reflect that I am now attorney of record. Dated: ) al O Respectfully submitted, LaOrence/J. Rosen, Attorney Krevsky & Rosen 1101 North Front Street Harrisburg, PA 17102 717-234-4583 Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: 7 Deanna Lynn Saracco, Attorney 76 Greenmont Drive Enola, PA 17025 By: "A Lawrence J. Rosen, Attorney for Defendant 1101 N. Front Street Harrisburg, PA 17102 717-234-4583 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. Gary L. Jackson, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM DEFENDANT'S MOTION TO STRIKE CASE FOR ARGUMENT COURT SCHEDULED FOR SEPTEMBER 3.2008 AND NOW COMES Defendant, by and through his counsel, and files this Motion to Strike the case for Argument Court scheduled for September 3, 2008, as the issues are not ripe for same, and in support thereof, avers as follows: 1. Plaintiff commenced this Action on May 21, 2008, by filing a deficient Complaint. 2. Defendant filed Preliminary Objections to which, the Plaintiff filed Preliminary Objections to the Preliminary Objections. 3. Upon receipt of objections to objections, Defendant determined that for the ease of clarifying the issues, Defendant filed an Answer with Affirmative Defenses and New Matter. 4. Plaintiff filed preliminary objections to the Answer and threatened to file sanctions against the Defendant and Defendant's attorney. 5. On or about August 13, 2008, Defendant filed an Amended Answer, Affirmative Defenses and New Matter, in one more attempt to clarify the issues. 6. On or about August 14, 2008, Attorney Lawrence Rosen, entered my appearance to replace Attorney Deanna Lynn Saracco, as attorney of record in the case. 7. On or about August 16, 2008, Attorney Saracco received a notice listing the case for argument court on September 3, 2008. 8. Because the Amended pleading was filed in response to Plaintiff's preliminary objections and to date, the Plaintiff has not responded to the Amended pleading, this case is not yet ripe for argument court. 9. In the event the case is not struck for argument court, the Defendant presents the following factual dispute that demonstrates the deficiency of Plaintiff's Complaint. A. LEGAL ARGUMENT FIRST USA CONTRACT ATTACHED BY PLAINTIFF 10. Under 18 Pa.C.S. §7311, in order for an assignment to be valid, the Plaintiff must have a copy of a valid contract and valid written assignment. 11. The Plaintiff presumably sued Defendant on a First USA credit card. The Plaintiff attached a First USA contract, undated, to the Complaint. Plaintiff told this Honorable Court that the First USA contract was sufficient. 12. However, Defendant paid and closed his First USA account in 1999, with a zero balance. (See attached section of Defendant's credit report.) 13. Further, the First USA contract contains a mandatory arbitration clause, as such, Plaintiff has no jurisdiction in this Honorable Court. 14. The Plaintiff's Complaint lacks subject matter jurisdiction over the defendant as the matter is improperly venued in any court of original jurisdiction as it should have been filed by the Plaintiff pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (Hereinafter FAA.) 15. Plaintiff assented to a written arbitration agreement and has improperly brought this Action for adjudication in a court of original jurisdiction. 16. The Federal Arbitration Act, makes it a written arbitration "provision in any... contract evidencing a transaction involving... an agreement in writing to submit to arbitration and existing controversy arising out of such a contract... valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of the contract. 9 U.S.C. §2. 17. The FAA insures that arbitration agreement are enforced pursuant to their terms. See, Bolt Info Sci Inc V Bd Of Trs. Of the Leland Stanford Junior Univ.. 498 U.S. 468, 479 (1999). 18. When determining whether to arbitrate disputes, Courts must consider the presumption of arbitrability requiring all debt to be resolved in favor of arbitration. See, Green Tree Fin. Corp.-ALA. v. Randolph, 531 U.S. 79, 91 (2000) (recognizing liberal Federal policy favors arbitration agreements.) 19. The parry resisting arbitration has the burden of proving the dispute is unsuitable for arbitration. See Randolph, 531 U.S. at 91. 20. When a party to an Arbitration Agreement fails to arbitrate a dispute within the scope of the Agreement, the aggrieved party may petition the Court ( for an order directing that such arbitration proceed.) 9 U.S.C. §4. 21. Credit card agreements with arbitration clauses are to be enforced. Berkery v. Cross Countr?Bank, 256 F. Supp. 2d 359 (E.D. PA. 2003). 2. HUNTINGTON BANK ACCOUNT NUMBER USED BY PLAINTIFF 22. The account number listed by the Plaintiff in the Complaint is for a Huntington Bank account. (See attached section of Defendant's credit report.) 23. Defendant's Huntington Bank credit card is disputed and as such, no payments were made on the account since 2003, and as such, it time-barred. 24. Plaintiff asserts that Defendant made a payment on the First USA account with the Huntington Bank account number in October of 2004. 25. However, the payment that was made in October of 2004, was made by Defendant's ex- wife, on a Capital One account, that another attorney is attempting to collect. 26. Further, the amount of the Huntington Bank account is less than the amount alleged by the Plaintiff. 27. Plaintiff failed to attach a copy of a valid Huntington Bank account agreement to its Complaint as is required by 18 Pa.C.S. §7311. CHAIN OF TITLE FOR THE ASSIGNMENT IS FOR A CAPITAL ONE ACCOUNT. 28. The written assignment attached to Plaintiff's Complaint is for a Capital One account. 29. The amount alleged by the Plaintiff is more than the balance on the Capital One account. , 30. At this time, another attorney is attempting to collect the Capital Once account number and is attempting to collect the correct amount. 31. This Plaintiff does not appear to have the legal authority to collect the Capital One account because another attorney is already pursing the balance due. 32. The Capital One account is the account by which the Defendant's ex-wife made a payment in October of 2004. 4. PLAINTIFF'S COMPLAINT FAILS TO COMPLY WITH PENNSYLVANIA LAW AND IT CANNOT BE DETERMINED WHAT DEBT THE PLAINTIFF IS ATTEMPTING TO COLLECT. 33. The Plaintiff filed suit against Defendant, purportedly for a First USA credit card and submitted for this Honorable Court, a First USA contract that is undated and contains a mandatory arbitration clause and as such, should not be brought in this Honorable Court. 34. Defendant's First USA account was closed in 1999, by the Defendant, with a zero balance. 35. The Plaintiff filed suit against Defendant, using a Huntington Bank account, that was in dispute and as such, no payments were made on the account since 2003. 36. The Huntington Bank account was charged off by Huntington Bank in June of 2004, and threatened to be charged off by Chase, when Chase acquired the account, in December of 2004. The account was not charged off in December of 2004, because it was already charged off in June of 2004. (See attached section of Defendant's credit report.) 37. The amount of the Huntington Bank account is less than the amount alleged by the Plaintiff. 38. The Plaintiff filed suit against the Defendant on a First USA credit card, using a Huntington Bank account number, and provided a written assignment for a Capital One account. 39. Plaintiff failed to provide a chain of title that would show how the First USA, Huntington Bank and Capital One account, relate to one another, relate to Chase and then, relate to this Plaintiff. 40. Defendant's attorney informed the Plaintiff of these issues and rather than provide written proof, the Plaintiff threatened to request sanctions against the Defendant and threatened 41 42. Defendant's attorney. Pennsylvania law, 18 Pa.C.S. §7311, requires that the Plaintiff provide written evidence of its claim against the Defendant. To date, the Plaintiff has not demonstrated which debt they/it is attempting to collect and has failed to conform to 18 Pa.C.S. §7311. WHEREFORE, the Defendant respectfully requests that this Honorable Court, DISMISS Plaintiff's complaint with prejudice and award Defendant attorney fees and costs for filing a frivolous action. Dated: 11200 Sr fia ence . Rosen, attorney for Defendant N. Front Street Harrisburg, PA 17102 717-234-4583 Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: 5-141t 1 By: 00, EXHIBIT Aug 26 08 05:48a Deanna Lynn Saracco 717-728-9498 •P.1 TransUnion 0 0 0 FST USA SK #4246171006080126 Balance: $0 DEPT OH1-0552 A77 Date updated: 0212000 800 BROOKSEDGE BV WESTERVILLE, OH 43081-0552 High Balance: (800) 955-9900 Credit limit: $500 Past Due: $0 Loan Type: Credit Card Remark: Account closed by consumer GEMB/HECHINGERS #52061071610 Balance: $0 PO BOX 981400 EL PASO , TX 79998-1206 Date Updated: 08/2000 Phone number not available High Balance: $710 Credit Limit: $0 Past Due: $0 Page 6 of 12 Pay Status. Paid or Paying as Agreed Account Type: Revolving Account bFHty - cc cunt r Date Opened: 11/149 .Date Closed: 08/1999 Pay Status: Paid or Paying as Agreed Account Type: Revolving Account Responsibility: Participant on Account Date Opened: 08/1990 Date Paid: 02/2000 Loan Type: Charge Account Remark: Closed Late Payments 4 months Last 4 m © M E3 Months jai Jun say apr 0 0 0 GEMB/JCP #754717064 Balance: $0 Pay Status: Paid or Paying as Agreed PO BOX 981402 Date Updated: 0512008 Account Type: Revolving Account EL PASO , TX 79998 (800) 542-OBOD High Balance. $875 Responsibility: Joint Account Credit Limit: $200 Date Opened: 04/1988 Past Due: $0 Date Closed: 10/2004 Date Paid: 1112004 Loan Type: Charge Account Remark; Account closed by consumer Late Payments i 48 months i last 46 i . m I Months 0 0 0 E MMMMMMMMMMMMMMMMMMWMMMMM spr mar Feb '08 dec now net sep sus jut Jun mry opt mar fob 107 chic now an sap mug jut jun Bray ®mmmmmmmmmmMmm®mmMmmmmmm spr mar fob 106 doe now act sap mug jut Jun may apt mar fob '05 dec now act sep mug, jut jun may HSEHLD FINANCE BNFL FINC #710172651429 Balance: $D Pay Status: Paid or Paying as Agreed CHBOXESAPEAKE 1547 , VA 23327 CH Date Updated: 09/2002 Account Typel Installment Account (800) 365-0175 High Balance: $2,638 Responsibility: Individual Account Past Due: s0 Date Opened: 04/1999 Terms: $102 for 36 months Date Closed: 09/2002 Remark: Closed Late Payments I M83 X mm ?47? m MMME3 mmm®®mmmmmmmm 29 months I Last 29 mug jut jun may opt mar Feb '02 dec now oct sep sue jut jun my mpr mar fob '01 der now act sop 'OEM Months m m m m m 0 0 0 mug jut Jun racy opt HSEHLD FINANCE BNFL FINC #710172610291 Balance: $0 Pay Status: Paid or Paying as Agreed PO EX)X 1547 CHESAPEAKE, VA 23327 Date Updated: D4/1999 Account Type: Installment Account (800) 365.0175 High Balance: $6,699 Responsibility: Joint Account Past Due: $0 Date Opened: 0911996 Terms: $240 for 36 months Date Closed: 04/1999 Remark: Closed i NATIONWIDE BANK #2600000752000002 https://annualcreditreport.transunion.comlproducts/singlelviewPrintableReportjsp?printVi... 5/28/2008 Rug 26 08 05:48a Deanna Lynn Saracco 717-728-9498 p.2 Page 3 of 12 TransUnion CHASE BANK USA CA #4071586140002043 $0 Pay Status: >Charged Off as Bad Debt< 800 SROOKSEDGE BLV Date Updated: 01/2007 Account Type: Revolving Account WESTERVILLE, OH 43081 (800) 436-7939 High Balance: $6,271 Responsibility: Joint Account Credit Limit: $6,000 Date Opened: 10/199D Past Due: $0 Date Closed: /20 Date Paid: 06/2004 Loan Type: Credit Card Remark: Purchased by another lender Estimated date that this Item will be removed: 05/2011 CHASE/BANK ONE CARD SERV #5544552013072071 Balance: so Pay Status: >Charged Off as Sad Debt< 800 BROOKSEDGE BLV Date Updated: 08/2007 Account Type: Revolving Account WESTERVILLE , OH 43081 (800) 945-2000 High Balance: $6,227 Responsibility: Joint Account Credit Limit: $2,500 Date Opened: 0111990 Past Due: $0 Date Closed: 01/2006 Date Paid: 05/2005 Loan Type: Credit Card Remark: Purchased by another lender Estimated date that this item will be removed: 04/2012 CHASE/BANK ONE CARD SERV #'4266839772356681 Balance: Pay Status: >Charged Off as Bad Debt< 900 BROOKSEDGE BLV Date Updi d: 11/2 Account Type: Revolving Account WESTERVILLE, OH 43081 (800) 945-2000 High Bala 'ce: $2,290 Responsibility: Joint Account Credit Ll 't: $2,000 Date Opened: 1111994 Past Due: $0 Date Closed: 1112006 Date Paid: 0512005 Loan Type: Credit Card Remark: Dispute resolved reported by grantor Estimated date that this Item will be removed: 0412012 CITIFINANCIAL #6074395635119950 Balance: $2,670 Pay Status: >Charged Off as Bad Debt< 499 BOX Date Updated: 04/2008 Account Type: Revolving Account HA R , MD 21076 H (8000) 0) 233, 233-6903 High Balance: ;2,670 Responsibility: Individual Account Past Due: >$2,670< Date Opened: 07/1995 Date Closed: 03/2008 Loan Type: Charge Account Remark: >Profit and loss writeoff< Estimated date that this item will be removed: 06/2014 COMMONWEALTH FINANCE #D7338581Ni Balance: $7,368 Pay Status: >Collection Account< 120 KEYSER Date Updated: 04/2008 Account Type: Open Account SCRANTON , PA 18504 (570) 347-1115 Original Balance: $7,022 Responsibility: Individual Account Original Creditor: FIRST USA BANK Past Due: >$7,368< Loan Type: Factoring Company Account Remark: >Placed forcollection< Date placed for collection: [ 0412007] Estimated date that this item will be removed: 11/2011 HOUSEHOLD FINANCE #71330300134281 Balance: $50,899 Pay Status: Paid or Paying as Agreed PO BOX 1547 Date Updated: 04/2008 Account Type: Mortgage Account CHESAPEAKE, VA 23327-1058 (800) 365-0175 High Balance: $64,280 Responsibility: Individual Account Past Due: $0 Date Opened: 04/1999 Terms: $878 for 180 months Loan Type: Conventional Real Estate Mtg Late Payments m m M m m m m .:...:.-. m m T.'m .. G3 M 83 ? E3 m m 0 48 months Last 48 mar feb 108 doe nor oct sap mug jut jun cop spr mar reb 107 dec nov act sap mug jut jun wav Opt Vim' Months mMIMMM3 7 _ mm,: ...MMWWMmmmmmMM >12< 0 0 mmr feb '06 dec now act sep mug jut jun mW spi mar rob '05 de[ nev act sap mug jut jun aaf mpr https:/lannualcreditreport.transunion.comlproducts/singlelviewPrintableReportjsp?printVi... 5/28/2008 Aug 26 08 05:48a Deanna Lynn Saracco 717-728-9498 Cardmember Service Dept. 0555 P.O. Box 710555 Columbus, OH 43271-0555 sup 11910as 10962 000351 0001 BRENDA L JACKSON 24 FIELDSTONE DR MECHANICSBURG PA 17050-1725 Account: 554455 2013072071 P.3 HUNK ONE. October 5, 2004 »: N tionwide Federal Credit a -XI -xx 'X Personal :>} . >s 0189 :?:.>%<::v::::a:;»:::,_;;.E3txE`?'•+.`f!E. Glrtli: 2071 ,tR 1 Dear BRENDA L JACKSON: During our recent phone conversation, you verbally authorized the following payment(s) to your credit card account. If you've authorized more than one payment, we'll process each transaction separately on the date shown: Schedule of Payment(s): Payment Amount Transaction Date $224.00 10/0412004 To change or cancel any payment(s) you've authorized, we must receive notification at least 24 hours before the transaction date. This is not a bill. Do not mail payment. Keep this letter for your records. Please call us at 1-800-955-8030 if you have any questions about your payment(s) or the status of your credit card account. Sincerely, Customer Support Division The purpo cbtNiletter is to,collect a debt. Any information obtained will be used for that purpose. s AP.Pak O elaware, NA is the creditor of your credo card accourn. 3367 1200 0100 0803 14 4F Aug 26 08 05:49a Deanna Lynn Saracco 717-728-9498 Chase 52188 rd Services, Inc. HAS E P o Box 52188 '? Phoenix, AZ 85072-2788 GARY L JACKSON BOS172 NOVEMBER 4, 2004 24 FIELDSTONE DR MECHANICSBURG, PA 17050-1725 11 mill 11111?fiu1?111??1/ ?IlIII?u?1l?'tinlll?till 11RII I RE: Huntington® Visa® Card Account No: 4071-5861-4000-2043 Dear Gary L Jackson , You have failed to meet your payment obligation in accordance with the Cardmember Agreement. As a result, your account is scheduled for Charge-Off. Please be aware of the added costs this may cause as well as the major derogatory rating which will be reflected on your credit report. To avoid this action, please send us the amount of $565.00 within seven days. To resolve this issue call Chase today and make your payment by phone. The situation becomes more severe each day. Utilize our fast In-anediate Pay service now. If you prefer to mail your payment, a payment coupon is attached for your convenience. We are still willing to work together with you on this matter. Please contact a Chase Representative at 800-334-3942, between the hours of 6:00 AM to 9:00 PM, Monday through Thursday, Friday, 6:00 AM to 7:00 PM, Saturday, 6:00 AM to 3:00 PM, and Sunday, 9:00 AM to 6:00 PM MST. If you have already mailed your payment, thank you. Regards, Collection Department ACCOUNT IS OWNED BY CHASE MANHATTAN BANK USA, N.A. AND MAY BE SERVICED BY ITS AFFILIATES. 'CALLS MAY BE MONITORED AND/OR RECORDED TO ENSURE THE HIGHEST LEVEL OF OUALI Y SERVICE. ----° ------ ------- w_____°_____-_____ ------------------- 988925 0 CHASE PLEASE DETACH AND RETUAN THIS PORTION WITH YOUR PAYMENTIN THE ENCLOSED ENVELOPE Account No: 4071-5861-4000-2043 BALANCE ! Mt I UM00DUE $6,089.78 Prim o ?rpe of New and ralephons number New Address: Phone (Homo): ( I Ras:) I GARY L JACKSON 24 FIELDSTONE DR MECHANICSBURG, PA 17050-1725 Enter Amount Enclosed in Rmec Relow Plwsemaam? d? eto:? Huntington Benk& CHASE MANHATTAN BANK USA, N.A. PO BOX 15583 WILMINGTON, DE 19886-1194 p.4 ?ue???1t1???uu?1?t?Etntu???ut?u?t?t?t?1u?1?I??1?1??11? 6t11111111?Ii?sl:e?n?lstutl?nl?lll?nl?ul?u?Inl?re?ltl? 4234 CHR9813 JPMF2077 D032 t.nnnnnl,7nni nAC-3nnlnnlZI-cnngAA4?Sri -- _----.------ COMMONWEALTH FINANCIAL : COURT OF COMMON PLEAS SYSTEMS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 08-3167-CIVIL TERM GARY L. JACKSON, Defendant VERIFICATION I, Lawrence J. Rosen, Esquire representing and acting on behalf of Gary L. Jackson, hereby verify that the information contained in the foregoing Defendant's Motion to Strike Case for Argument Court Scheduled for September 3, 2008 is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: VZoo Lawrence J. Rosen, Esq ? ?= ?, t ,? .-? ?? ?. ?? r-?"• ; , ?? ? ? , ;? r ..?., Y m COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS OF SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. GARY L. JACKSON, DEFENDANT : 08-3167 CIVIL TERM ORDER OF COURT AND NOW, this 2-- R day of August, 2008, the motion of defendant to strike from the argument court list plaintiffs preliminary objection to defendant's answer affirmative defenses and new matter, IS GRANTED.' By the Edgar B. Bayley, J. n R. Mege, Esquire For Plaintiff Xawrence J. Rosen, Esquire For Defendant J Court Administrator :sal ' On July 15, 2008, defendant filed an answer-affirmative defenses-new matter in response to plaintiffs complaint. On August 5 plaintiff filed preliminary objections to the answer affirmative defenses and new matter. Plaintiff listed those preliminary objections for argument on August 8. On August 13 defendant filed of course, an amended answer affirmative defenses and new matter. The preliminary objections listed for argument are moot. N f , t?= : x- C-1 LLB ' CD COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. No. 08-3167-Civil Term CIVIL ACTION GARY JACKSON, Defendant NOTICE TO PLEAD TO: LAWRENCE J. ROSEN, ESQUIRE C/O GARY JACKSON YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 110 By: MAlg?wjge, Esquir Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 db. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 08-3167-Civil Term vs. CIVIL ACTION GARY JACKSON, Defendant PRELIMINARY OBJECTIONS OF PLAINTIFF TO DEFENDANT'S ANSWER. AFFIRMATIVE DEFENSES AND NEW MATTER The Plaintiff, by and through its counsel, Alan R. Mege, Esquire, make the following Preliminary Objection to the Defendant's Answer in the aforesaid matter: 1. Failure of Pleading to Conform to Rule 1. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) Number 1030 provides that affirmative defenses and any other material facts which are not merely denials of the averments of the proceeding pleading shall be pleaded in a responsive pleading under the heading "New Matter." 2. Defendants Answer contains possible affirmative defenses and other material facts which are not merely denials of the averments of the proceeding pleading and has plead same under the heading "Affirmative Defenses". WHEREFORE, the Plaintiffrespectfullyrequests that this Honorable Court strike the Defendant's Answer, Affirmative Defenses and New Matter. II. Insufficient Specificity - Pa.R.C.P. 1028(a)(3) 3. Paragraphs 1 through 2 are incorporated herein by reference as if fully set forth. 4. Pennsylvania is a fact pleading state and requires sufficient specificity in pleadings. 5. Pursuant to Pennsylvania Rule of Civil Procedure 1019(a), the complaint must contain in a concise and summary form the material facts of which a cause of action or defense is based. 6. Defendant claims that the damages alleged by Plaintiff are inaccurate and unlawful and not owed by the defendant. 7. Defendant fails to point to any specific facts or examples as to how the damages are inaccurate or unlawful and not owed by defendant. 8. Defendant states that Plaintiff purchased the alleged debt for a nominal amount, in an attempt to gain a profit. 9. Defendant fails to point out any specific facts as to how the Plaintiff attempted to gain a windfall profit. 10. Defendant states that this Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 11. Defendant fails to specifically state why this Honorable Court lacks subject matter jurisdiction. 12. Defendant disputes the alleged debt and how the alleged debt was calculated pursuant to the Fair Debt Collection Practices Act. 13. Defendant fails to point out any specific facts or examples as to how Plaintiff did not calculate the debt pursuant to the Fair Debt Collection Practices Act or state which sections of the Fair Debt Collection Practices Act was violated. 14. Defendant alleges that providing "sufficient" information to draft a complaint pursuant to civil procedure rules, is insufficient as to compliance with Title 18 Section 7311 of Pennsylvania law and that Pennsylvania law prevails over a rule of procedure. 15. Defendant fails to state how "sufficient" information is insufficient with Title 18 Section 7311 of Pennsylvania law. 16. Defendant alleges that the Plaintiff did not properly verify its Complaint in accordance with 18 Pa. C.S. §4904 and the Rules of Professional Conduct. 17. Defendant fails to specifically state how Plaintiff's Complaint was not in accordance with 18 Pa. C.S. §4904 and the Rules of Professional Conduct. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court strike the Defendant's Answer, Affirmative Defenses and New Matter. III. Failure of Pleading to Conform to Rule 18. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) Number 1018.1 provides the Notice to Defend form which must be attached to an Answer with New Matter. 19. Defendant's Answer, Affirmative Defenses and New Matter does not attach the Notice to Defend in the form proscribed by Rule 1018.1(b). WHEREFORE, the Plaintiff respectfully requests that this Honorable Court strike the Defendant's Answer, Affirmative Defenses and New Matter. By: Alan R. Mege, Esquire 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. GARY JACKSON, Defendant No. 08-3167-Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on September 16, 2008, I served a true and correct copy of Plaintiffs Preliminary Objections by mailing same, first class, postage prepaid to: Lawrence J. Rosen, Esquire, Krevsky & Rosen, 1101 North Front Street, Harrisburg, PA 17102. By: Alan 'R-. Mege, Esquir Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 w r N 6 Lawrence J. Rosen, Attorney for Defendant 1101 N. Front Street Harrisburg, PA 17102 717-234-4583 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. Gary L. Jackson, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF FOR FAILURE TO RESPOND TO DEFENDANT'S INTERROGATORIES AND PRODUCTION REQUESTS AND NOW COMES Defendant, by and through his counsel, and files this Motion for Sanctions, against the Plaintiff, for Plaintiff's failure to respond to Defendant's requests for Interrogatories and Production of Documents, served on July 29, 2008, and in support thereof, avers as follows: 1. Plaintiff commenced this Action on May 21, 2008, by filing a deficient Complaint. 2. Defendant filed Preliminary Objections to which, the Plaintiff filed Preliminary Objections to the Preliminary Objections. 3. Upon receipt of objections to objections, Defendant determined that for the ease of clarifying the issues, Defendant filed an Answer with Affirmative Defenses and New Matter. 4. Plaintiff filed preliminary objections to the Answer and threatened to file sanctions against the Defendant and Defendant's attorney. 5. On or about July 29, 2008, Defendant mailed to the Plaintiff, by U.S. First Class mail, Defendant's First Set of Interrogatories and Production Requests. 6. To date, the Plaintiff failed to provide responses to Defendant's discovery requests. A. LEGAL ARGUMENT Pennsylvania law, under 18 Pa.C.S. §7311, requires that, for an assignment to be valid, the Plaintiff must have a copy of a valid contract and valid written assignment. The Plaintiff presumably sued Defendant on a First USA credit card. The Plaintiff attached a First USA contract, undated, to the Complaint. Plaintiff told this Honorable Court that the First USA contract was sufficient. The Plaintiff then gave this Honorable Court, the account number for a Huntington Bank account. Finally, the Plaintiff provided as evidence of its legal right to collect, a chain of title for a Capital One account. None of the documents provided demonstrate how the First USA account, with a zero balance and closed by the Defendant in 1999, relates to a disputed Huntington Bank account, that is currently a stale debt, to the Capital One account, that the Plaintiff provided a chain of title for; that relates to a debt that another attorney is attempting to collect. Because of the gross discrepancies in the Plaintiff's Complaint, Defendant issued to Plaintiff's counsel, Interrogatories and Production requests, in an attempt to obtain the required information. To date, the Defendant failed to conform to PA. Rule of Civil Procedures, 4004, 4005, 4006, and Rules 4009.1, 4009.11 and 4009.12. Where fore, Defendant respectfully requests that this Honorable Court, grant Defendant's Motion for Sanctions, and Order that the Defendant, provide complete and accurate written responses within 10 days of the date of the Order, and award the Defendant $1000.00 in sanctions as well as attorney fees and costs to maintain this Action. Dated: f Lawren&e J. Rosen, attorney for Defendant 1101 N. Front Street Harrisburg, PA 17102 717-234-4583 Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Alan R. Mege, Esquire Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 Dated: <%/'' „ By: COMMONWEALTH FINANCIAL : COURT OF COMMON PLEAS SYSTEMS. INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GARY L. JACKSON, Defendant No. 08-3167-CIVIL TERM VERIFICATION L Lawrence J. Rosen, Esquire representing and acting on behalf of Gary L. Jackson, hereby verify that the information contained in the foregoing Motion for Sanctions is true and correct to the best of my knowledge. information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: to 3 G8 Lawr Ace J. Rosen, Esquire C? ??? ,? ?`a:: _i t~3 ?_?` ::? ` -... r ... i" ? °'V w x :7 , ' ?._ _ z fir'.. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. GARY JACKSON, CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S MOTION FOR SANCTIONS 1. Denied. Plaintiff filed a proper Complaint on May 19, 2008. 2. Admitted. By way of further answer, the docket speaks for itself. 3. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge, information, or belief to form an opinion as to the truth of the matter asserted. 4. Admitted. 5. Denied. Defendant propounded discovery in the nature of a production of documents on July 18, 2008 and Plaintiff has responded to same. No discovery dated July 29, 2008 has ever been received. 6. Denied. Plaintiff cannot respond to something it has never received. Moreover, Defendant has not made an good faith attempt to resolve this matter nor has Defendant sought concurrence in violation of Local Rule 208.3(a)(9). No. 08-3167-Civil Term Defendant WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Motion for Sanctions. By: ?.M?ge, quire Atty. I.D.#81288 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. No. 08-3167-Civil Term CIVIL ACTION GARY JACKSON, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on October 28, 2008, 1 served upon Defendant, Plaintiffs Reply to Defendant's Motion for Sanctions by mailing same, first class, postage prepaid to: Lawrence J. Rosen, Esquire, Krevsky & Rosen, P.C., 1101 North Front Street, Harrisburg, PA 17102. By: Al ege, Es e Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 l s--, cz) ^.,a? .fir ???.•, w COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 08-3167-CIVIL TERM Gary L. Jackson, Defendant. STIPULATION OF DISMISSALWITH PREJUDICE AND NOW COMES Plaintiff and Defendant, by and through their respective counsels, and files this Stipulation of Dismissal with Prejudice. The parties have amicably resolved their dispute. This case is discontinued, you may mark the Docket CLOSED. Respectfully submitted, By: Dated: a ? enc ,pl. Rosen, Attorney for Plaintiff 1101 North Front Street Harrisburg, PA 17102 717-234-4583 Dated: /l /u P I By: ege, Esquire orney for Defendant Law Office of Alan R. Mege P. O. Box 1426 Bethlehem, PA 18016-1426 THr- 2409 Nov l o AV' 10- G 6