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HomeMy WebLinkAbout08-6067IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 120 N. Keyser Ave. Scranton PA 18504 : CIVIL ACTION Plaintiff VS. KRISTY N BRUNER 2002 HIGHLAND CIRCLE Camp Hill PA 17011 NO: 08 - 60(v7 0--Wt t Trnn 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 to Defend are served, by entering a written appearance personally or by an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 120 N. Keyser Ave. CIVIL ACTION Scranton PA 18504 Plaintiff vs. KRISTY N BRUNER NO: 0 8- (-a 2002 HIGHLAND CIRCLE Camp Hill PA 17011 Defendant COMPLAINT Plaintiff, Commonwealth Financial Systems, Inc, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, Commonwealth Financial Systems, Inc, (hereinafter "Plaintiff") is a Pennsylvania corporation with a principal place of business located at 120 North Keyser Avenue Scranton, PA 18504. 2. The Defendant KRISTY N BRUNER (hereinafter "Defendant") is an adult individual residing at 2002 HIGHLAND CIRCLE Camp Hill PA 17011. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIRST USA BANK with the account number 5491040552353337. 5. The within account was sold by FIRST USA BANK to Unifund for valuable consideration and all rights under said accounts were assigned to Unifund. (See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.") 6. On or about February 21, 2007 Plaintiff was assigned all rights to certain credit card accounts from Unifund, including the account opened by Defendant with account number 5491040552353337. (See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit "B.") 7. Use of the FIRST USA BANK credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Copy of Cardmember Agreement, attached hereto and marked Exhibit "C.") 8. Defendant used the FIRST USA BANK credit card account number 5491040552353337, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent on February 28, 2008. 12. The principal amount was $14,436.34 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 6%. 14. The total amount due and owing the Plaintiff including interest, is $17,531.64. 15. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $17,531.64 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. Respectfully submitted, Edwin A. Abrahamsen Assoc. Michael F. Ratchford, quire Heather K. Woodruff, Esquire Attorney I.D. Nos.: 86285/207805 1729 Pittston Avenue Scranton, PA 18505 mratchford@eaa-law.com hoodruff@eaa-law.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,Commonwealth Financial Systems, Inc, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. * M-e? - Michael F. Ratchford, E uire CHASE 01 EDIT A BILL OF SALE Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A.) ("Seller'), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated January 26, 2006 between Seller and Unifund Portfolio A, LLC ("Purchase"), its successors and assigns ("Credit Card Account Purchase Agreement'l, hereby assigns effective as of the Cut-off Date of November 13, 2006 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 a wire transfer to be received by Seller on November 21, 2006 (the "Closing Date's by 2:00 p.m. Seller's time, as follows: Chase Bank USA, N.A ABA #021000021 Beneficiary Name: Chase Bank USA, N.A. Beneficiary Account: #304-256420 This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase Bank U N.A. By: Date: November 2I 2006 Title Vice President L'nifund ortfoiio , J C i By: Da Nove ber 21.2006 Title A;se.C-6p- /'C ` ."47 the s x? BILL OF SALE, ASSIGNMENT AND ASSUMP'T'ION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of May 26, 2006, between Citibank (South Dakota), N.A., 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 Portfolio A, LLC, 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 May 26, 2006, 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. CIt1 By: Nan Title. Unifund Portfol' ` By: (Signature) ` r Name: i Title: _ f` CARD AGREEMENT k 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 the Prime Rate may vary each billing period. Default APR: See card carrier. The Default APR equals the Prime fate plus up to 23.91901%, or up to 28.99°,x, whichever is greater. All APRs may automatically increase up to the Default APR if you fail to make a payment to us when due, exceed ;cur credit fine, or make a payment to us that is not honored. Minimum Finance Charge: $0,50. TRANSACTION FEES-FINANCE CHARGES Balance Transfer Fee: 3% of each balance transfer, $5 .minimum, $75 maximum. Purchases Made in a Foreign Currency Fee: 3% of each purchase after its conversion Into U.S. dollars. Gash Advance Fee: 3°x'0 of each cash advance, $5 minimum. OTHER FEES Late Fee: $15 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 Check Fee: $39. Stop Payment on Convenience Check Fee: M. Rates, fees, and terms may change: We may change the rates, fees, and terms of your account at any time for any reason. These reasons may be based on information in your credit report, such as your failure to make payments to another creditor when due, amounts owed to other creditors, the number of credit accounts outstanding, or the number of credit inquiries. These reasons may also include competitive or market-related factors. If we make a change for any of these reasons, you udll receive advance notice and a right to opt out in accordance with applicable law, Definitions Mount the relationship established between you and us by this Card Agreement. APR: annual percentage rate, authottwd user, any person you allmvr to use your account card. one or more cards or otter account access dewrices, irdvding account numbers, that we issue to you to obtain credit under this Card Agreement Card Agreement (arAgreemeat): this document and the card carder. we, res, and our Citibank (South Dakota), N.A.. the issuer of your account. you, your, and you the person who applied to open the account and any other person responsible for complying ,vith this /igre2ment including the person to whom we address _llln'g Siat?m$fits, Your Account You agree to use your account In accordance with this Agreement. This Agreement is binding on you unless you cancel your account within S© days after receMag the card and you have not used or authorized use of the card. You must pay us for all amourris 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 give to an authorized user to use a card or to use your account. Credit Una: Your initial credh line appears on the card carrier. The full arriount at your credit line is available to buy or tease goods or services where the card is honored. Part of your credit fine, called the cash advance limit, is available for cash advances. We may change your credit line or cash advance imit at any time for any reason. We tisdl notify you of any change, but the change may take effect before you receive tfie notice. Tee total balance on your account, including periodic finance charges and fees, must always remain belay the credit line. However, if the total balance exceeds your credit lime you must stmt pay us. If your axount has a credit balance, we may reduce the credit balance by any new charges on your account. You may not 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 data. It also shows {our current credit fine and cash advance Iftrit, an Itemized lest of current charges. payments and credits: a rate summary, and other important in<armation. We delher a statement to only one address. You must notify Customer Service of a change in address. It we deem your account uncotlectlble or institute collection proceedings by sending !t to an outside agency or attamey for collection, we may stop sending you statements. Periodic finance charges and fees continue to accrue even If we stop sending statements. The totat amount you owe us appears as the New Balance an the billing statement. To determine the New Balance vie begin with the total balance at the start of the billing period. Vie add any purchases " cash ad%ences and subtract anv credits or pa}grtents credited as of that billing period. Vie then add any periodic finance c`>ames or fees and make outer adjustments. APRs APRs Based on Prime: We calculate any APR based on the U.S. Prime Rate ("Prime Rate") by adding the applicable amount that appears on the card carrier to the Prime Rate, For each biiYmg period we use the Prime Rate published in Ths Waft Stre..t Journal two business days prior to the Statement/Closing Date for that billing period, if The Wall StreEtJourraldoes not publish the Prime Rate, we may substitute a similar published rate. A change in an APR due to a change in the Prime Rate takes effect as of the first day of the b€Ikng period for which we calculate the APR, We apply the new applicable APR to any odstino 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 tail to make a payment to us veherr due, you exceed your credit fine. or you snake a payment to us that is not honored. In these circumstances. we may autornadcsliy increase your APRs (including any promotional APRs) on all balances to the Default APR, which equals the Prime Rate plus up to 23.99%. or up to 28.99%, hichm ar is greater Factors considered in determining your Default APR may include honk long your account has been open, the timing or seriousness of a defauh under any Card Agreement that you have with us, or other indications of account performance. The Detauk APR takes effect as of the first day of the billing period in which you de atilt We May lower the APR for new purchases andlor cash advances if you meet the terms of all Card Agreements that you have with us for six consecutK* billing 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 i icreases, periodic finance charges increase and yvur minimum payment may increase. Periodic Finance Charges Based On APRs Periodic Finance Charges: Periodic finance charges are firiartce charges that are added to your account lohen tie apply the applicable APR to the balances on your account. Nre calculate periodic finance charges separately for each balance subject to different terms, for example, standard purchases, standard cash advances, and each promoYwnal offer. The total periodic finance charge for the billing period equals tie daily periodic finance charges for each balance for each day in the pilling period. This method of calculating periodic finance charges results in daihr compounding of finance charges. When Periodic Finance Charges Begin to Accrue: Periodic finance charges begin to accrue on a charge from the date it is added to the daily balance and continue to accrue until payment in full is credited to your account. (Charges include purchases, balance transfers, casts advances, transaction fees, other fees. and any minimum inane charge.) You car: zjoid periodic finance charges on purchases (excluding glance transfers) that appear on your current ballirg statement if you paid the New Balance on the last statement by the payment due date on that statement and you pay your Nev., Balance by the payment due date an yaur current slaent$nt, If you :Wade a balance transfer. you may be unable to a•:o d periodic finsnce charges on new purchases. as described in the balance transfer offer. Calculation of Periodic Finance Charges: • Fora each balance, .ve multiply the daily balance by the applicable daily periadic rate. We do this far each day in the billing period. A daily periodic rate is the applicable APR divided by 365. A billing period begins on the day after the Statement/Closing Date of the previous billing period and inctudes the StatementMosing Date of the current billing period. • To get the daily balance, vie take the beginning balance for each balance every day (including unpMd periodic finance charges from previous billing periods), add any near cha=ges, 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: We add t a purchase to the appropriate balance as of the We Date an the billing statement. %fe add a balance transfer or cash advance to the appropriate balance as of the Post Date on the statement We add any transaction fees far purchases. balance transfer., 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 recetve your request for the balance trmfer or cash advance, including a request that we complete a balance transfer cr cash advance convenience check tar a specific amount. If you send a balance transfer or convenience check directly to someone, the Post Date is the date we receive the check for payment • To get the total periodic finance charge, we 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 on the statement-is the average of the daih, balances during the billing period. If you multtph, this figure for each balance tri the number of dy-s in the billing period and by the applicable daily periodic rate, the result is the pe:todic finance charges assessed for that balance, except for miner variations caused by rounding. Minimum Finance Charge: if tits periodic rate finance charge would otherwise be less than $0.50. vie assess a minimum FINANCE CHARGE of 50.50. We add Me amount to any balance that is assessed a finance charge. Transaction Fees Transaction Fees and APRs: if you are assessed a transaction fee for a balance transfer, a purchase made in a foreign currency, or a cash advance. the transaction fee will cause the APR on the billing statement or, which 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 advance convenience check. We treat balance transfers as purchases unless otherwise provided in this Agreemen=t. For each balance transfer we add an additional FINANCE CHARGE of 3% of the amount of the balarce transfer. but not less than S5 or more than S75. Transaction Fee far Purchases Made in a Foreign Currency: For each purchase made in a foreign currency we 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, ar financial institution: make a wire transfer: obtain a money order, traavelci s heck, IcttarJ ticket. czsino chip, or similar item; or engage in a similar transaction. For each cash advance oe acrd an additional FINANCE CHARGE of 3% of the amount of the cash advance, but not less than $5. Other Fees Late Fee: We add a late fee to the standard purchase balance for each billing period you fail to pay, by its due date, the !Minimum Amount Due (less the Amount Over Credit tine shown on your billing statementl. T his fee is based on your account balance as of the payment due date. It is_ $15 on balances up to 5100, $29 on balances of $100 up to 5250. and $39 on balances of $2-50 and over. Over the-Credit-Line Fee: We add a S39 fee Fa the standard purchase balance it your account balance exceeds your credit line at any time during the biding period. We add this fee even it transactions we authorize or periodic finance charges, fees,. and other charges you incur are a reason the account balance exceeds your credit lire. We add this fee even if the account balance falls below your credit Fine by the end of the billing period. Annual Membership Fee: We add any applicable annual membership fee to the standard purchase balance. This fee is non-reffandable unless you notify us to cancel your account tt?'thin 30 days of the mailing or delivery date of the billing statement on which the fee is billed. Returned Payment Fee: We add a S39 fee to the standard purchase balance if a payment check or similar Instrument is l not honored or is returned because it cannot be processed, or if an automatic debit is returned unpaid. We assess this fee the first time your check or payment is not honored, even if it is honored upon resubmission:. Returned Convenience Check Fee: Vile add a $39 fee to the standard advance balance it we decline to honor a convenience check. We may decline to honor these checks if, for example. the amount of the check would cause the balance to exceed the cash advance limit or credit line, it 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: Vie add a 539 tee to the standard advance balance if we honor your request to stop payment on a convenience check, To stop payment on a convenience check vori€e us at P.O. Box 6500, Sioux Falls, South Dakota 57117, or call the Customer S' nice number on the billing statement. If you coil, you must confirm the call in writing within 14 days, A written stop payment order remains in effect for 6 months unless renewed in writing. - Balance Transfer Checks and Convenience Checks: Each check must be in the forth it was issued and used according to any instructions we give. The checks must not be used to pay an amount owed us under this or another Card Agreement that you have with us. We do not certify these checks or return any such checks h 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 ATIJ of one of our affiliates, MasterCard, Visa or American Express, depending on which card is used, converts the amount into U.S_ dollars as follmt-rs: • MasterCard complies witft its foreign currency conver- sion procedures then in effect. MasterCard ctarrentiy uses a conversion rate in effect one day prior to its transac- tion processing date. Such rate is aither a wholesale market rate or the government-mandated rate. - Visa complies with its foreign currency conversion procedures then in effect. Ersa currently 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 wholesale currency markets, tyhich may, vary from the rate it receives, or the government- mandated rate, * American Express complies with its foreign currency conversion procedures then in effect, Unless a particular rate is required by applicable lave, the rate used by American Express shall be the highest interbank rate selected on the business day prior to the day on vfiiett the transaction is processed by American Exptess. If a cash advance is made in. a foreign currency at a branch or ATM of one of our affitiates, the amount is converted into U.S. dollars by our affiliate in accordance with its foreign currency conversion procedures then in effect. Our afti:i- e currently uses a conversion rate in effect on its applicable processing date. Such rate is either a mid-point market rate or the government-mandated rate. The foreign currency conversion rate in effect on the applicable processing date for a transaction may differ `:tuna the rate in effect on the Sale or Post date on your billing statement for that transaction. If a transaction is converted by a third park, prior to such transaction being processed by h4asterCard. Visa, or American Express, the foreign currency conversion rate for that transaction -nrill be the rate selected by that third party. Payments Minimum Amount Due: Each month you must pay at least the Minimum Amount Due by the payment due date. The Sooner you pay the New rsalarce, tt.e less you wilt pay in periodic finance charges. To calculate the Minimum Amount Due, wee begin .vi:h any past due amount and add any amount in excess of your credit line. We then add the largest of the foltove ng: • The New Balance on the billing statement it it is less than S20; • $20 if the New Balance is at least $20; * 1% of the New Balame (which calculation is rounded down to the nearest dollar) plus the amount of your billed finance charges and any applicable late fete; or 1.5% of the New Balance (which calculation is rounded down to the nearest dollar). Flowfever, the Minimum Amount Due never exceeds the Now Balance. In calculating the Minimum Amount Due, we may subtract from the New Balance certain fees added to your account during the billing period. Application of Payments: We apply payments and credits to love APR balances before higher APR balances. That means your sweings will be reduced if you make transactions that are subject to higher APRs. Payment Instructions: Payments are credited in accordance with the payment instructions on tote billing statement. You must pay us in U.S. dollars using a check, similar instrument, or automatic debit that is drav.m on and honored by a bark in the. U.S. Do not send cash. We can accept late or partial payments, and payments that reflect "paid In full" or other restrictive endorsements, ;without losirg our rights. ;,rile reserve the right to accept payments made in foreign currency and instruments dravm on funds on deposit outside the U.S. If the do, the 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 Yee may bill you separately for such costs. Optional Pay by Phone Service: You may request to make your payment by phone using our optional Pay by Phone Service. Each time you make such, a request, you agree to pay us the amount shown in the Pay by Phone section an 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 Deporting We may report infonratim about you- 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 other's, vee may report account information in the names of those other people as welt. We may also obtain foilov:-up credit reports on you (for example, when we review your ac-court for a credit line increase). If you wish, to knove which afgen6A.S we contacted, write us at the Customer Service address on the billing statement. If you think we reported erroneous information to a credit reporting agency. write us at the Customer Service address on the billing statement. Vie trill promptly investigate the matter and if we agree with you, we vAll contact each credit reporting agency to which we reported and request a correction. If, after cur investigation. tie disagree with yo:t, we will tell you in writing or by telephone 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, fees, and terms of this Agreement at any time for any reason. These reasons may he based an 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 amounts 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, if 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. III 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 totat balance, either at once or under the terms of the unchanged Agreement. Unless we notify you otherwise, use of the card after the effective date of the change shatl be deemed acceptance of the new terms, even if the 25 days have not expired. Default You default tinder this Agreement if you fail to pay the Minimum Amount Due by its due date; exceed your credit tine; pay by a check or similar 4--trument 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 defauft under any other Card Agreement that you have with us. If you default the may close your account and demand immediate payment V, the total bala-nce_ If you gave us a security interest in a Certificate of Deposit, ve may use the deposit amount to pay any amount you ov;e. 4 7 7 ..A y - 7 ?.. ?? pp SHERIFF'S RETURN - REGULAR CASE NO: 2008-06067 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS BRUNER KRISTY N ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BRUNER KRISTY N DEFENDANT was served upon the at 0009:33 HOURS, on the 11th day of October , 2008 at 2002 HIGHLAND CIRCLE CAMP HILL, PA 17011 by handing to YVONNE HUNSICKER MOTHER OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 n.00 lDJI??(7? 44.00 Sworn and Subscibed to before me this day of , So Answers: AF. rr' 10 R. Thomas Kline 10/13/2008 EDWIN ABRAHAMSEN & ASSOCIATES By: -(Ju eputy Sheri f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC Plaintiff VS. KRISTY N BRUNER CIVIL DIVISION NO: 08-6067-CIVIL TERM Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $17,531.64. Notice of the intent to file a default judgment was served upon the Defendant on November 19, 2008. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." EdwJ# A. Abrahamsen & Associates, P.C. Michael F. Ratchford, F Attorney I.D. No.: 8628 Attorney for Plaintiff / JUDGMENT AND NOW, this Ir4k day of_, 20 0$ Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $17,531.64, which includes reasonable attorneys' fees for failure to respond to Plaintiff s Complaint. !_1T F V er- TT iT1Teh 7 Rr±G@ ps r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC Plaintiff CIVIL DIVISION NO: 08-6067-CIVIL TERM vs. KRISTY N BRUNER Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: KRISTY N BRUNER 2002 HIGHLAND CIRCLE Camp Hill PA 17011 Date: December 12, 2008 Edwin A. Abrahamson & Associates, P.C. Michael F. Ratchford, Es Attorney I.D. No.: 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONb'l EAL"1'I-I FINANCIAL SYSTEMS CIVIL ACTION INC Plaintiff . vS. : NO: 08-6067-CIVIL "PERM KRISTY N BRUNER Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDCMENT To: KRISTY N BRUNL=R 2002 HIGHLAND CIRCLE Camp Hill PA 17011 Date oi'Notice: November 19. 2008 IMPORTANT NOTICE PURSUANT TO PA.R.C P 237.1(a)(2) YOU ARE IN DE7FAULT BECAUSE YOU HAVE FAILED TO (ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OB.IECfIONS TO T'HE CLAIMS SIT FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM " HE. DATE OF THIS NOTICE A .IUDGMENT MAY BE ENTERED AGAINST YOU WI"I TOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE "I'[ lE O1 1'ICE SfI"f FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AI"FORD TO HIRE A L.AWI'I R. "I'I IIS OFFICE: IMAY BL ABLI TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO l'EF. MIDPENN LEGAL SERVICES 401 I::AST Lou ri-IER STREE°r CARLISLE, PA 17013 717-243-9400 IN TI-11 COURT OF COi%,INION PL AS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC CIVIL, ACTION Plaintiff vs. NO: 08-6067-CIVIL TERM KRISTY N I3RUNER Delenclant CERIFICATE OF SERVICE L Michael F. Ratchford, Esquire; hereby certify that on November 19, 2008 I served a copy ofthe Ten Day Notice of Intent to Take DelMllt in the above captioned matter by mailing the same via First Class United States mall, postage prepaid addressed as follows: KRISTY N BRUNER 2002 HIGHLAND CIRCLE Camp Hill PA 17011 Edwin A. Abrahamsen & Associates. P.C. B Y_ R,{ichael h. Ratchford, Esq Attorney I.D. No.: 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 DEC-12-2008 12:28:39 Last Name First/Middle Begin Date Active Duty Status Service/Agency BRUNER KRISTY Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. -tA Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www._defenselink.mil/faq/pis/PC09SLDR.htini WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: KWWBTQSDR https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/12/2008 COMMONWEALTH FINANCIAL SYSTEMS INC VS. KRISTY N BRUNER Plaintiff Defendant In the Court z)f Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 08-6067-CIVIL TERM AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): KRISTY N BRUNER; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): KRISTY N BRUNER; is(are) older than eighteen years of age; That the employment status of the defendant(s): KRISTY N BRUNER; is(are) unknown. a `?, e i?? ' 04. ? ^Cg it`d W COMMONWEALTH FINANCIAL SYSTEMS INC Plaintiff in the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division VS. KRISTY N BRUNER NO: 08-6067-CIVIL TERM Defendant NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ 531. to ¢ on /a AT 0 By: s ( C . "-. pK$ If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 1729 Pittston Avenue Scranton, PA 18505 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)