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HomeMy WebLinkAbout08-4190G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS. INC., assignee of UNIFUND CCR PARTNERS, assignee of CITIBANK SOUTH DAKOTA, N.A., Plaintiff, VS. SUSAN G. STOCK, Defendant. NO: 6 ?'- /-/I ?6 IN CIVIL ACTION COMPLAINT CODE- c_ av" ) 4-cfA. FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 -'Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS. NO: o ?- L? f D G,? ? ??'`1 INC., assignee of UNIFUND CCR PARTNERS, assignee of CITIBANK SOUTH DAKOTA, N.A., IN CIVIL ACTION Plaintiff, VS. SUSAN G. STOCK, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT 1. Plaintiff, Commonwealth Financial Systems, Inc., is a corporation having offices at 120 North Keyser Avenue, Scranton, PA 18504. 2. Citibank South Dakota, N.A. (hereinafter "Citibank") sold and assigned an account portfolio to Unifund CCR Partners (hereinafter "Unifund"), which, inter alia, included an account of the above-captioned Defendant, and Unifund sold and assigned an account portfolio to Plaintiff that, inter alia, included the Defendant's Citibank account. Attached hereto as Exhibits "A" and "B" are true and correct copies of the aforesaid bills of sale/assignments. 3. Defendant is an individual whose address is 20 Orchard Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 4. At a specific instance and request of the Defendant, the Defendant applied to Citibank for a credit card. 5. The Plaintiff avers that the Defendant was granted a revolving open-end credit card account and was issued a credit card for such account subject to the stated terms and conditions contained in a written account agreement, a true and correct copy of which has been attached hereto, marked Exhibit "C" and made a part hereof. 6. Plaintiff avers that the Defendant accepted the terms and conditions of the revolving open-end credit account contained in the aforementioned written agreement by using the credit card which had been issued to make purchases and/or to obtain cash advances. 7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 8. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 9. Plaintiff avers that the balance due amounts to $32,516.76, as is more specifically shown by Plaintiff's Account Detail, a true and correct copy of which is attached hereto, marked Exhibit "D" and made a part hereof. 10. Plaintiff avers that the interest has accrued at the rate of 32.34% per annum on the principal balance of $18,847.58 due from March 17, 2008. 11. Plaintiff, as the assignee of Unifund, and as the ultimate assignee of Citibank, stands in its assignors' stead. 12. Plaintiff avers that all conditions precedent to Plaintiff's assignors' rights to be paid have occurred. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $32,516.76, with appropriate additional interest from March 17, 2008 and costs. APPLE AND APPLE, P.C. for Plaintiff(s) 4 BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of February 28, 2005, between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") and Unifund CCR Partners, located at 10625 Techwoods Circle, Cincinnati, OH 45242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated February 28, 2005, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, good and marketable title to the Accounts described in Section 1.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. Citibank uth Dakota), Natio Association CitiCards Name: Chie Firs. officer/O & T Finance Vi l."U"t9fY Sioux Fall,, 50 Title: (605) 331-2 Unifund CCR Partners By: gut4, (Signature) Name: a-? d G?? Q @9k Title: Q a(7W EXq,^1IBIT ?t uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Ring the Bell, Inc. ("Purchaser', dated as of September 29, 2006 (the "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on September 29, 2006. UNIFUND CCR PARTNERS For Unifund Use ONLY Client # PID CID # EtO1011 TS CARD AGREEMENT This Card Agreement, which includes your card carrier. is your contract with us and governs the use of your card and account. The card carrier contains important account information, including your annual percentage rates and the amount of any membership fee. Please read and keep these documents for your records. FACTS ABOUT RATES AND FEES For complete information about these facts, please see the related sections in this Card Agreement RATES-FINANCE CHARGES Purchase and Cash Advance APRs: See card carrier. All APRs based on tree Prime Rate may vary each billing period. Default APR: See card carrier. The Default APR equals the Prime Rate plus up to 23.99%. or up to 28.990A, whichemr is greater. All APRs may automatically increase up to the Default APR if you fail to make a payment to us when due, exceed your credit titre, or make a payment to us that is not honored. Minimum Finance Charge: 5150. TRANSACTION. FEES-FINANCE CHARGES Balance Transfer Fee: 3% of each balance transfer, $5 minimum, S75 maximum. Purchases Made In a Foreign Currency Fee: 3% of each purchase after its conversion into U.S. dollars. Cash Advance Fee: 3% of each cash advance, $5 minimum. OTHER FEES Late Fee: S15.on balances up to $100; $29 on balances of 5100 up to $250; $39 on balances of $250 and over. Over-the-Credit-Line Fee: $39. Annual Membership Fee: See card carrier. Returned Payment Fee., $39. Returned Convenience Cheek Fee: $39. Stop Payment on Convenience Check t=ee: $39. Rates, tees, and terms may change: We may change the rates, fees, and terms of your account at any time for any reason- These reasons may be based on information in your credit report, such as your failure to make payments to another creditor when due, amounts owed to other creditors, the number of credit accounts outstanding, or the number of credit Inquiries. These reasons may also include competitive or market-related factors. If we make a change'for any of these reasons, you Mil receive advance notice and a right to opt out In accordance with applicable law. EXHIBIT C Definitions account: the relatfonship established between you and us by this Card Agreement. APR. annual percentage rate, authariz+ed user any person you alloys to use your account. card: one or more cards or other account access devices, including account numbers, that eve: issue to you to obtain credit under this Card Agreement. Card Agreement (or Agreemen t j: this document and the card carrier. we, as. acrd our Citibank (South Dakota). N-A., the issuer of your amount. you, your, and yours., the person whe applied to open the account and any outer person respondble for complying viith this Agreement; including the person to whom we address billing Statement$. Your Account You agree to use your account in accordance Vith this Agreement. This Agreement is binding on you unless you caricel your account within 30 days after receiving the card and you have not used or authorized use of the card, You must; pay us for all amounts due on your account as specified in this Agreement- Your account must only be used for lawful transactions. Authorized users: You may allow authorized users to use your account You may request additional cards for authorized users. You must pay us for all charges made by authorized users even if you did not intend to be responsible for those charges. You must notify us to revoke any permission you &m to an auttorized user to use a card ar to use your account Credit line: Your initial credit line appears on the card carrier. The full amount of your credit line is available to buy or lease goods or services where the card is honored. Part of your credit line, called the cash advance limit, is available for cash a6snces. Vie may change your credit One or cash advance timit at any time for any reasan. We veld notify you of arty change, but the change may take effect before you recelve tree notice. The total balance on your account, including periodic finance charges and fees, must always remain below the credit fine. However, it the total balance exceeds your credit line you must still pay us. if your account has a credit balance, we may reduce the credit balance by any new charges on your account. you may riot maintain a credit balance in excess of your credit line. Billing Statement: Your billing statement shoves the total balance, periodic finance charges. fees, minimum amount due, and payment due date. It also shov?ms tour current credit line and cash advance limit, an itemized list of current charges. payments and credits; a rate summary; and other important information. Vote deliver a statement to only one address- You must notify Customer Service of a change in address. It vie deem your a=trnt uncotiectible or institute collection proceedings by tending it to an outside agency or attorney for collection, we may stop sending you statements. Periodic finance charges and fees continue to accrue even it we stop sending statements. The total amount you owe us appears as the New Balance on the billing statement, To determine the New Balance vie begin, with the total balance at the start of the biking period, W add any purchases or cash advances and subtract any credits or paymems credited as of that billing period. We then add any periodic finance charges or fees and snake offer adiustr ants. APRs AM Based on Prlme: We calculate any APR based on the U.S. Prime Bate ("Prime Rate") by adding the applicable amount that appears on the card carrier to the Prime Rate. Por each billing period we use the Prime Rate published in :has t•'?iali Shreat Jourlaltuo business darns prior to tie StesementlClosing Date for that billing period. If The KIM Street Journal does not publish the Prime Rate, we may substitute a similar published rate. A change in an APR du to a change in the Prim Rate takes effect as of the first day of the billing period for which we calculate the APR, We apply the new applicable APR to any existing balances, subject to any promotional rate that may apply, Default Rate: All your APRs may increase if you default under any Card Agreement that you have with us because you fail to make a payment to us when due, you exceed your credit fine. or ,sou make a payment to us that is not honored. In these circumstances, we may automatically 'increase your APRs (including am promotional APRs) on all balances to the Default APR, vrhich equals the Prime Rate plus up to 23.90... or up to 28A951a, whichever is greater. Factors considered in determining your Default APR may include how long your account has been open, the timing or seriousness of a default under any Card Agreement that you have with us, or other indications of account performance. The Default APR takes effect as of the first day of the billing period in which you default: We may lower the APR for new purchases and/or cash advances if you meet the terms of all Card Agreemeris that you have with us for six consecutive bitting periods. Existing balances remain subject to the Default APR until paid in full, unless we tell you otherwise. Effect of APR Increases.: If an "APR increasers, periodic finance charges increase and your minimum payment may increase. Periodic Finance Charges Based On APRs Perfodic Finance Charges: Periodic finance charges are finance charges that are added to your account when vie apply the applicable APR to the balances on ;,your account- We calculate periodic finance charges separately for each balance subject to different terms, for example, standard purchases, standard cash advances, and each promotional offer. The total periodic finance charge for the billing period equals the dal?y periodic finance charges for each balance' or each day in the billing period. This method of caicuiating periodic finance charges results in daily compounding of finance charges. When Periodic Finance Charges Begin to Accrue: Periodic finance charges begin to accrue on a charge frcrn the date it sz added to the daily balance and continue to accrue until payment in full is credited to your account. (Ch=arges include purchases, balance transfers, cash advances, transaction fees, other fees. and any minimum finance charge.) You car. a.roid periodic finance charges on purchases (excluding b dance transfers) that appear an your current billing stalement if you paid the Nev: Balance on the last statement by the payment due date on that statement and you pay your N-w Balance by the payment due date on your current s?aterne7l. If you made a balance transfer; you may be unable to avoid periodic finance charges on new purchase-s. as described in the valance transfer offer. Calculation of Periodic Finance Charges: • For each balance, vre multiply the daily balance by the applicable daily periodic rate. We do this for each day in the billing period. A daily periodic rate is the applicable APA divided by 365: A billing period begins on the day after the 5tatemenUilosing Date of the previous billing period and includes the Statement/Ciosing Dale of the nurrent billing period. • To get the daily balance, we take the beginning balance for each balance every day (including unpaid periodic finance charges from previous billing periods), add any ne,,v charges, and any periodic finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. • We add a charge to the daily balance as follows: Vide add a purchase to the appropriate balance as of the Sale Date on the billing statement. We add a balance transfer or cash advance to the appropriate balance as of the Post Date on the statement. We add any transaction fees for purchases. balance transfers, or cash advances to the same balance as the transaction as of the same date the transaction is added to the daily balance. The Post Date is the date we receive your request for the balance transfer ur cash advance, including a request -'tat we complete a balance transfer or cash advance convenience check far a specific amount. if you send a balance transfer or corrrenisnca check directly to someone, the Post Date is the date we receive the check for payment • To get the total periodic finance charge, %-e add up all of the daily periodic finance charges for each balance for each day in the billing period. • For each balance, the Balance Subject to Finance Charge, ort the statement is the averaoe of the daih, balances during the billing period. If you multiply this figure for each balance by the number of da=ys in the billing period and by the applicable daily periodic rate, the result is the periodic finance charges assessed for that balance, except for minor variations caused by rounding. Minimum Finance Charge: if the periodic rate finance charge would otherwise be less than $0.50, we assess a minimum FINANCE CHARGE of SO.50. tale add the amount to any balance that is assessed a finance charge. Transaction Fees Transaction Fees and APRs: it you are assessed a transaction fez for a balance transfer, a purchase made in a foreign currency, or a cash advance. the trmisiction tee will cause the APR on the billing statement on ohi^h the transaction first appears to exceed your nomina' APR. Transaction Fee for Balance Transfers: You obtain a balance transfer if you obtain funds through a balance transfer check or transfer a balance without using a cash ad ante runvenience check. VM treat balance transfers as purchases unless Dthervoise provided h this Agreement. For each balance transfer ire add an additional FINANCE CHARGE of 3% of the amount of the balance transfer, but not less than S5 or more than $75. Transaction Fee for Purchases Made in a Foreign Currency: For each purchase made in a foreign currency vie add an additional FINANCE CHARGE of 3% of the purchase amount after its conversion into U.S. dollars. Transaction Fee for Cash Advances: You obtain a cash advance if you obtain funds through an automated teller machine (ATM), convenience check, home banking, or financial institution: make a wire transfer; obtain a money order, traveler's check, lottery ticket, casino chip, or similar item; or engage in a similar transacho. For cacti cash advance we add an additional FINA14CE CHARGE of 3% cf the amount. of the cash advance, but not less than S5. Other Fees Late Fee: We add a Iare fee to the standard purchase balance far each billing period you fait to pay, by its due dace, the Minimum Amount Due (less the Amount Over Credit tine shown on your billing statement). This fee is based on your account balance as 4f the payment due date. it is: $15 on balances up to 5100, $29 on balances of $100 up to 5250, } and $39 on baianees of $250 and otter. Over-the-Credit-Line Fee: We add a S39 fee to the standard purchase balance If your account balance exceeds ,,our credit tine at any time during the billing period. We add Otis fee even if transactions we authorize or periodic finance charges, fees, and other charUcs you incur are a reason the account balance exceeds your credit line. We add this fee even if the account i balance falls belolm your credit fine by the end of the ®r !inn period. Annual Membership Fee: We add any applicable annual membership fee to the standard purchase balance. This fee is non-refundable unless you notify us to cancel your aCCGunt w1 thin 30 days of the'Hailing or delivery date of the billing statement on which the fee is billed. Returned Payment Fee: We add a $ay fee to the standard purchase balance if a p ment check or similar instrument is not honored or is retunied because it cannot be processed, or it an automatic debit is returned unpaid, fete assess this fee the first time your check or payment is not .honored; peen if it is honored upon resubmission. Returned Convenience Check Fee: We add a S-49 fee to the standard advance balance if we decline to honor a cow.-enience check, We may decline to honor these checks if, for example, the amount of tie check would cause the balance to exceed E the cash advance limit or credit line, if you default. if you did riot comply with our instructions regarding the check, or If your account has been closed. Stop Payment on Convenience Check Fee: We add a S39 tee to the standard advance balance if vie honor your request to 1 stop payment on a convenience check. To stop payment on I a convenience check write us at P.O. Box 6500, Sioux Falls, South Dakota 57117, or call the Customer Service number on the billing statement. If you Call, you must confirm the call in writing v4thrn 14 days, A written stop payment order remains in effect. for 6 months unless renewed in writipe. I Balance Transfer Checks and Convenience Checks: Each i check must be in the form it was issued and used according to anv instructions We give. The cf ecks must not be used to pay an amount owed us under this or another Card Agreement that you have with us. Vde do not certify these checks or return any such checks that have been paid. information on Foreign Currency Conversion Procedures if you make a transaction In a foreign currency, other than a cash advance made at a branch or ATM of one of our affiliates, MasterCard, Visa or American Express, depending on which card is used, converts the amount into U.S. dollars as follows: • MasterCard complies with its foreign currency conver- sion procedures than in effect. MasterCard currently uses a conversion rate in effect one day prior to its transac- tion processing date. Such rate is either a wholesale market rate or the government-mandated rate. - Visa complies with its foreirin currency Conversion procedures then in effect. Visa cotiently uses a conver- sion rate in effect on its applicable central processing date. Such rate is either a rate it selects from the range of rates available in serholesale currency markets, ,vhich may vary from the rate it t cei-vps, or the Uo`de:nir:ent.- mandated rate. American Express complies with its foreign curreicy conversion procedures then, in effect. Ur•.Iess a particular rate is required by applicable l8ve, the rte used by American Express shall be the :highest interbank rate selected on the business day prior to the day on which t". transaction is processed tiv American Express. If a cash advance is made in a foreign currency at a branch or ATM of one of our affiliates, the amount is com;erted into U.S. dollars by our affiliate in accordance with Its foreign currency conversion procedures then in effect. Our affih to currently uses a conversion rate in effect on its applicable. processing daze. Such rate is either a mid-point market rare or the government-mandated rate. The foreign currency convmion rate in effect on the applicable processing date for a transaction may differ from the rate in effect on the Cale or Post date on your bii!10 i statement for that transaction. If a transaction is converted by a third party prior to such transaction being processed by MasterCard. Visa, or American Express, the foreign currency conversion rate for that transaction -Jill be the rate selected by that third party. Payments Minimum Amount Due: Each month you must pay at least the fdlinfmum Amount Due by the payment due date- The sooner you :lay the f'levr Mance, the less you Hilt Pali in periodic finance charges. To calculate the Minimun? Amount Due, we begin with any past due amount and add any amount in excess of your credit line. We then add the largest of the following: • The New Balance on the billing statement if it is less than $20; $20 if the New Balance is at least $20; ¦ 1% of the New Balance (which calculation is rounded down to the nearest dollar) plus the amount of your billed finance charges and any applicable late tee; or • 1.5% of the New Balance (wthich calculation is rounded down to the nearest dollar). However, the ?Animum Amount Due never exceeds the New Balance. In calculating the Minimum Amount Due, we may subtract from the Now Balancer certain fees added to your account during the billing period. Application of Payments: We apply payments and credits to lour APR balances before ;nigher APR balances. That means your savings will be reduced if you maize transactions That are subject to higher APRs. Payment Instructions: Payments are credited in accordance with the payment instrtictrons on the billing statement. You must pay us in U.S. dollars using a check, similar instrument, or automatic debit that is drawn on and honored by a bark in the U.S. Do not send cash, We-, cart accept late or partial pwiments, and payments that reflect "paid in full" or other restrictive endorsements, without lasing our rights. .ate reserve the right to accept payments made in foreign: currency and instruments dravan on funds on deposit outside the U_S, If we do, we select the currency conversion rate at our discretion and credit your account in U.S. dollars after deducting any costs incurred in processing your payment, or ve may bill you separateiy for such costs. Optional Pay by Phone Service: You may request to make your payment by phone using our optional Ray by Phone Service. Each time you make such a requ=est, you agree to pay us the amount shown in the Pay by Phone section on the back of the billing statement. Our representatives are trained to tell you this amount if you decide to use this optional Pay by Phone Service. Credit Reporting We may report information about your account to credit reporting agencies. Late payments, missed payments, or other defaults on your account may appear on your credit report- it you request cards on your account for others, vie may report account information in the names of those other people as viell. We may also obtain follow-up credit reports on you (tor example, when we reI6ew your account for a credit line increase). If you wish to knob' which aiiencivs v.e contacted, write us at the Customer service address on the billing statement. If you think the reported erroneous information to a credit reporting agency. write us at the Customer SepAce address on the billing statement We %ill promptly investigate the matter and if tive agree vo + you, vie will con act each credit reporting agency to which wle reported and request a correction. If, after cur investigation, we disagree with you, we will tell you in writing or by telephene and tell you how to submit a statement to those agencies for inclusion in your credit report, Changes to this Agreement We may change the rates, tees, and terms of this Agreement at any time for any reason. These reasons may be based on information in your credit report, such as your failure to make payments to another creditor when due, amounts owed to other creditors, the number of credit accounts outstanding, or the number of credit inquiries. These reasons may also include competitive or market-related factors. Changing terms includes adding, replacing; or deleting provisions relating to your account and to the nature, extent, and enforcement of the rights and obligations you or we have relating to this Agreement. These changes are binding on you. However, it the change will cause a fee, rate or minimum payment to Increase, we will mail you written notice at least 15 days before the beginning of the billing period In which the change becomes effective. If you do not agree to the change, you must notify us in writing within 25 days after the effective date of the change and pay us the total balance, either at once or under the terns of the unchanged Agreement. Unless we notify you otherwise, use of the card after the effective date of the change shall be deemed acceptance of the new terms, even if the 25 days have not expired. Default 'iou default under this Agreement if you fail to pay the Minimum Amount Due by its due (late; exceed your credit line; pay by a check or similar instrument that is not honored or that we must return because it cannot be processed; pay by automatic debit that is returned unpaid; file for bankruptcy: or default under any other Card Agreement that you have with us. If you default, the may close your account and demand immediate payment of the total balance. If you gave us a security interest in a Certificate of Deposit, we may use the deposit amount to pay any amount you owe. 1 I I ¦ r -o 1 U O U7 O T O 64 n 7, LL i l? 'L A m ci u ' Co o EA CL y . ' O ca 69 co E 0 CL D m L L L? ?L i I CL I G CDI f-I rll L'-I f 4f I r` S \?II r S + ~? L t; I ` + ' CL ?y ?7 L lass J ? ? ¦ C'n T-, --, x '1 - I u--, r_ ? r-- L'-' 1 G 1 L 7j { 1 - O C' 1 L rJ v I _? rl ?t n I ll Q ? m y :5 v iP y : P Ol ' LT `? n G rD. IL) _G Pl. .? 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Al/ Lr7 r VERIFICATION I, Danny Venditti, states that he is Vice President of Commonwealth Financial Systems, Inc., and that the facts set forth in the foregoing complaint are true and correct to the best of his personal knowledge or information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Commonwealth Financial Systems, Inc. by C 1 3 D ENDITTI, Vice President Dated: 2008 lfi' 71 l i6 1 b n CASE NO: 2008-04190 P COMMONWEALTH F PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS STOCK SUSAN G KENNETH GOSSE T , Sheriff or Deputy Sheriff of Cumberland Co nty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CTnrV crTCnTT r the DEFENDANT , at 0013:55 HOURS, on the 17th day of July 2008 at 20 ORCHARD AVENUE CARLISLE, PA 7015 by handing to WALTER STROCK HUSBAND OF 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 Cost Docketing Service Affidavit Surcharge -s: Sworn and Sub cibed to before me thi of SHERIFF'S RETURN - REGULAR So Answers: 18.00 9.00 .00 _ 10.00 R. Thomas Kline .00 "e- 37.00-*' 07/18/2008 APPLE & APPLE -7/23106 // By. day A. D. -•d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC. NO.20084190 assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CITIBANK SOUTH DAKOTA, N.A. Plaintiff, VS. SUSAN G. STOCK, Defendant. PRAECIPE FOR DEFAULT JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No 30541 Joel E. Hausman, Esq. PA I.D. No 42096 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC. NO. 20084190 assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CITIBANK SOUTH DAKOTA, N.A. -vs- Plaintiff, SUSAN G. STOCK, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in the amount of $35,455.86, computed as follows: Amount named in Complaint $32,516.76 Interest from March 17, 2008 to September 9,2008 on $18,847.58 $2,939.10 Less payment of: -$ Attorney fees TOTAL $35,455.86 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P. 237.1. A copy of said Notice is attached, and was mailed on August 13, 2008 by regular mail, postage prepaid and, addressed as follows: Defendant: Susan G. Stock 20 Orchard Ave Carlisle PA 17015 ,,APPLE AND PLE, P.C. /117 " AR By: Dated: for the Plaintiff(s) .t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC. NO. 20084190 assignee of UNIFUND CCR PARTNERS, assignee of CITIBANK SOUTH DAKOTA, N.A. IN CIVIL ACTION Plaintiff, VS. SUSAN G. STOCK, Defendant. Susan G. Stock 20 Orchard Ave Carlisle, PA 17015 Date of Notice: Augimt 13, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 .f Y Charles F. Bennett, Esq. Attorneys for Plaintiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 00 ` -m, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC. NO. 20084190 assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTON assignee of CITIBANK SOUTH DAKOTA, N.A. -vs- Plaintiff, SUSAN G. STOCK, Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (X) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 91,2 (X) Assumpsit Judgment in the amount of $35,455.86, plus costs. ( ) Trespass Judgment in the amount of $ ( } If not satisfied within sixty (60) days, your motor vehicle operator's license and/or ( ) Registration will be suspended by the Dept. of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (X) Entry of Judgment Susan G. Stock 20 Orchard Ave Carlisle, PA 17015 ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Verdict ( ) Arbitration Award ( ) Other PROTHONOTARY By: /s/ duqt? P. " beA Prothonotary(or D ty) v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC. NO.2008-4190 assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CITIBANK SOUTH DAKOTA, N.A. Plaintiff, VS. SUSAN G. STOCK, Defendant. PRAECIPE FOR WRIT OF EXECUTION CODE- FILED OF BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 .1?oel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 w 16. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC. assignee of UNIFUND CCR PARTNERS, assignee of CITIBANK SOUTH DAKOTA, N.A. Plaintiff, VS. SUSAN G. STOCK, Defendant. NO.2008-4190 IN CIVIL ACTION PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue the Writ of Execution in the above-captioned matter... (1) directed to the Sheriff of Cumberland County; a", .Vail (2) against Defendant(s) Susan G. Stock a?H ao Omha.rd Ave (3) against Garnishee(s) 00-rli9te,PA i'1015 (4) Judgment: $35,455.86 Interest from September 10, 2008 to March 10, 2009 On 35,455:86 Amount of Interest $1,054.93 Payments $ SUBTOTAL $36,510.79 Costs (to be added by Prothonotary) $ APPLE AND Dated;/ .C. U1 •F, oho ..a ? o Nd?09 b .? v f? ICJ Q:t;y ?f W co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 084190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS INC, assignee of UNIFUND CCR PARTNERS, assignee of CITIBANK SOUTH DAKOTA, N.A., Plaintiff (s) From SUSAN G. STOCK, 20 Orchard Avenue, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $35,455.86 Interest from 9/10/08 to 3/10/09 -- $1,054.93 Atty's Comm % Atty Paid $156.00 Plaintiff Paid Date: 3/16/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs / i_-_v kot-?? C s R. Long, ro onotwr By: Deputy REQUESTING PARTY: Name JOEL E. HAUSMAN, ESQUIRE Address: APPLE AND APPLE, PC 4650 BAUM BOULEVARD PITTSBURGH, PA 15213 Attorney for: PLAINTIFF Telephone: 412-682-1466 Supreme Court ID No. 42096 A R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor o0ty of ?unY?Pr?? GO OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 April 15, 2009 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Commonwealth Financial Systems, Inc. vs Susan G. Stock Writ No. 2008-4190 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated April 1, 2009, entered by Thomas Stock, Writ of Execution No. 2008-4190 Civil Term, Commonwealth Financial Systems, Inc. vs Susan G. Stock. R. Thomas Kline, Sheriff, has determined that the claimant, Thomas Stock, in the above mentioned property claim, is the owner of the property set forth in the claim. So Answers: Thomas R. Kline, Sheriff By cc Joel Hausman, Atty for Pltff N Susan Stock Defendant Thomas Stock, Claimant , ?. ?- `- crr - -r ^r? .:r D .4 NOTICE OF PROPERTY CLAIM Commonwealth Financial Systems, Inc. In the Court of Common Pleas VS Cumberland County, Pennsylvania Susan G. Stock No. 2008-4190 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by, Thomas Stock claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 04-06-09 Sheriff of Cumberland County Cc Joel Hausman, Atty for Pltff Susan Stock, Defendant Walter Stock, Claimant Thomas Stock, Claimant B PROPERTY CLAIM J V .- 5 A/ t' VSO ac_,C-X1 - 7?< TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. _2O0. $// The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: S G ZAP Die A/ urafi C? ) 1 C go ?y dry ZQv, A/ Date 4-) 1/ O C) Claimant 'TI g Mo-S J+o State. of Pennsylvania: County of end A u,EC, M"y l140m<l5 G. PTO CK being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn and subscribed to before me This?z day of A Pk ),k- Claimant Public Notarial Seal L,ou Ellen Emery, Notary Public Bethel Park Born. Alkgheny County dv Commission Expires June 17, 2010 r o.? -Z In the Court of Common Pleas of Cumberland County, Pennsylvania PROPERTY CLAIM 1,4L S'vsAc,9 JAl@J TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. 4 olPa'-r y! y'? The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: PROPERTY , ? V . ac, 0 --FA s 6 . STCLK being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn and subscribed to before me 14 -- Tj#?,/ST? dayof Clamant In the Court of Common Pleas of Cumberland County, Pennsylvania Notarial Seal Lou Ellen Emey, Notary Public Bethel Park Bwo, Afiesheay County My Commission Expires June 17,20 10 Date 1110 C>a;mant `?, o C? S+d cl4-?. State of Pennsy vania: County of QMIbarla A LL 64 HE Y P? S :E d E - dda 6001 V d `I\ JAW HS -'"'H of ?unr?iPrr? d R. THOMAS KLINE Sheriff EDWARD L.SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 April 15, 2009 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant Commonwealth Financial Systems, Inc. vs Susan G. Stock Writ No. 2008-4190 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated April 1, 2009, entered by Walter Stock, Writ of Execution No. 2008-4190 Civil Term, Commonwealth Financial Systems, Inc. vs Susan G. Stock. R. Thomas Kline, Sheriff, has determined that the claimant, Walter Stock, in the above mentioned property claim, is the owner of the property set forth in the claim. cc Joel Hausman, Atty for Pltff Susan Stock Defendant Walter Stock, Claimant So Answers: Thomas R. Kline, Sheriff . By i NOTICE OF PROPERTY CLAIM Commonwealth Financial Systems, Inc VS Susan G. Stock In the Court of Common Pleas Cumberland County, Pennsylvania No. 2008-4190 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by, Walter Stock claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 04-06-09 Sheriff of Cumberland ounty Cc Joel Hausman, Atty for Pltff Susan Stock, Defendant Walter Stock, Claimant Thomas Stock, Claimant PROPERTY CLAIM OPAfe aC- 2 fcy?,v,,o?? wn?'?? r' rs! 4,-I-Prnt. a14 / C'C frr?fyy?f C` 1 + i rxih!! `Cis ?Ll / ?I ?4 q Val TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No.OF- Y?Sa C/y: / The property fisted below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY _ L-R. 1`1lsc ?vrti ? ura Ug I S L l4 All /ror ?R _C`o?Akftr `? 1P c???s jeV6' _ GAR chthpwF,e ? 1liC, U ieyStf C 1 -rip 3 7? ,1 kit AIf l Phr T?er. -Y, ?. _. 'yU??;y< c<?t J / G -- Mix b cc 44 /0 TV -e 1, re ! ?r k ca mss. -W ?J- :CHE CLAIMANT OBTAIN7ED TTTLE TO THE PROPERTY AS FOLLOWS: t ?c h, s w? fh? [ten E 5/L V-40A O's 1 Date !1 1 2) q claimant VVQ l der 7,r c k State of Pennsylvania: County of Cumberland abc?ve list in the property claim are correct being duly sworn according to law, deposes and says that the and true. Sw:irn and subscribed to before me 7Y This day of claimant Not" Public P") o ?, fS: d E - dd Ejr v G tr . _ Commonwealth Financial Systems, Inc In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. SUSAN G STOCK NO: 2008-4190 20 ORCHARD AVE CARLISLE PA 17015 Defendant Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc in the above-captioned matter. Date: July 13, 2009 FgnatureT/ Print Name: Address: 17 Telephone No: 570 5 Supreme Court ID No: E FD....&-i-iCE OF T HIE: 4')l,.0TAR ( 2004 JUL 22 PH f : 12 k .tt tbs. is ;?.»i n f Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Pi, 5: 44 ry, Unifund CCR Partners vs. Susan G Stock Case Number 08-4190 SHERIFF'S RETURN OF SERVICE 03/24/2009 01:00 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2009 at 1300 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Susan G. Stock, by making known unto Walter Stock (husband of defendant), at 20 Orchard Avenue, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 03-24-09. 04/03/2009 On 04-03-09, Walter Stock came to the office and filed property claims for himself and for Thomas Stock. Stock did pay the appropriate fee. 04/15/2009 Reference is made to Property Claims dated April 1, 2009, entered by Walter Stock and Thomas Stock, Writ of Execution No. 2008-4190 Civil Term, Commonwealth Financial Systems, Inc., -vs- Susan G. Stock. R. Thomas Kline, Sheriff, has determined that the claimants, Walter Stock and Thomas Stock, in the above mentioned property claims, are the owners of the property set forth in the claim. 04/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $135.28 SO ANSWERS, April 08, 2010 RbNISV R ANDERSON, SHERIFF By aron R. Lantz . S? -) co ,17 V-20 7 sa83 R- a,gbz23 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS INC, assignee of UNIFUND CCR PARTNERS, assignee of CITIBANK SOUTH DAKOTA, N.A., Plaintiff (s) From SUSAN G. STOCK, 20 Orchard Avenue, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $35,455.86 Interest from 9/10/08 to 3/10/09 -- $1,054.93 Atty's Comm % Atty Paid 5156.00 Plaintiff Paid Date: 3/16/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Cu 4" . Long, Pr otary 4 By: REQUESTING PARTY: Namz JOEL E. HAUSMAN, ESQUIRE Address: APPLE AND APPLE, PC 4650 BAUM BOULEVARD PITTSBURGH, PA 15213 Deputy Attorney for: PLAINTIFF Telephone: 412-682-1466 Supreme Court ID No. 42096