HomeMy WebLinkAbout08-7317IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Commonwealth Financial Systems, Inc
120 N. Keyser Ave.
Scranton PA 18504
Plaintiff
: CIVIL ACTION
VS.
FREDERICK KEEVER
4603 HAMPDEN AVE
CAMPHILL PA 17011
NO: - '131'1 Civi ( ??°.tw?
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.
FREDERICK KEEVER NO: 0P- 7,317 C&"`J
4603 HAMPDEN AVE
CAMPHILL 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 FREDERICK KEEVER (hereinafter "Defendant") is an adult
individual residing at 4603 HAMPDEN AVE CAMPHILL 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 CHASE with the
account number 5491040180013808.
5. The within account was sold by CHASE 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 July 3, 2007 Plaintiff was assigned all rights to certain credit card
accounts from Unifund, including the account opened by Defendant with account number
5491040180013808. See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit "B.")
7. Use of the CHASE 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 CHASE credit card account number 5491040180013808, 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 January 2, 2005.
12. The principal amount was $9,747.38 at the time it was received by Plaintiff.
13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate
of 0%.
14. The total amount due and owing the Plaintiff including interest, is $11,626.44.
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 $11,626.44 plus costs of suit, reasonable attorneys' fees and any other relief as the
Court deems just and appropriate.
Respectfully submitted,
Edwin A. Abrah e & Assoc.
Michael F. Rat d, Esquire
Heather K. ff, Esquire
Attorney I.D. Nos.: 86285/207805
1729 Pittston Avenue
Scranton, PA 18505
mratchford@eaa-law.com
hwoodruff@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.
G ?,- Cd?Ilr
E)MOrT A
BILL OF SALE
Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A.)
redit Cord
{"Seller,), for value received and pursuant to the terms and conditions of C Account
purchase Agreement dated October 26, 2004 between Seller and Unifund CCR Partners b
r'), its successors and assigns ("Credit Card Account Purchase Agreem ), hoy
("Purchase
in Exhibit I Seller
assigns eitutive as of ?the Cut-O ivables,DudSm ° idencessof deb descri title
in and to those certain
attached hereto and made part hereof for all put-Poses.
Amounts due to Seller by Purchaser in bemwder shall be paid U.S. Dollars by a wire transfer to
be received by Seller on October 26, 2005 (the "Closing Date) by 2:00 P.M. Seller's time, as
follows:
jp"an Chase Bank
ABA #021oW021
Seneflclery Name-. Chase Manhattan Bank USA,N.A.
Account,
Benetklary
in the ?to it Card Account
except Bill of SRIis oxecuted without recourse as stated
purchase Agreement to which this is an Exhibit. No other rap
enformbility is expressed or implied.
Chase Bank USA, N.A. Unifund
By. By:
., . t.? to CMS - Daft:
Date:
of or warranty of title or
61.2 1009'
Title
Title V'c id
uniFund
Uaifi=d ccR rzx,,O t'"
BT ,LL OF SALE
vzjuc rccca7cd and xccord?ticc ?%;Lh the scans of t?4c .;cc
for
j)nyf CCR P?. rwcrs. f d CCR Pzrtnus x?d Con
Rccci? on d jbSc purl h :s c i'+grcc/?cat b1 and among Uaif,?n
s hucb f s,21,1
, 2007 (tbc -Agxccmcne ), doc
?, d<tcd 2.% of)-' nvZ13 26
S fstc?,_ L''c ("I"W62SC- .??? ? of its good x.od p,u};c?blc titJc, frcc and c)can of .!1 urns, ct:..:r
sfcz t o Pv- g
end ts?? nts listcd'n the /lccoupC Scbcdulc xt?chcd is Ap?cndiz n
cnc,='6rx?ccs ?d to tbc/Sccov of coUrcub?itp, oz o:hc
?cctrcri? r' bout rccolant and -?tbouC ICPICS?uboD or wzrrxntp
A ccmcnL
cxccpt to the cxtczt sutcd in ?c Agr
Ezccutcd on i nuxq 26, 2007.
34
Fox Unifund U P MY CID
C2jmt #
?aramemner Agreement
OF TM5 ASREfIiI?ET
1. ACCEPFANfIE
Y' "• ??bt 1 % agreement coat uedn card account with us referenced on the
card carrier containing the card for this account. Any use of your account i
covered by this agreement Please read the amore agreement and keep it for
your records. The entire agreement may be in separate parts, inckrdng the
document and a 'Rates and Fees' table that is satpressty made a part of Ss
agreement You authorize us to pay for and dnarge your accent for al
transactions made on your account You promise to pay us for all transactions
made on your account as well as arrn fees-or finance charges. ff tun is a joint
acmuut, each of you, together and i>dividualy, is responsible for paying all
amounts owed, am a the account is used by only ore of you.
Maw sign the bads of yak trade card when you receive it. You will be board
by this agreanent t you or ar"me authorized by you use your account for any
purpose. even if you dot sign your card Whother you use your account or
not, you wt be bound by this agreement mien you cancel you account
within 30 days after receiving your card end you have net used your accoaA
for any MPS
Throughout this agreement. the words 'we. 'ua ard 'ou' mean Chase
Mares Bank USA, NA do merr of your rse& card and accent The
words 'yo-, 'your' and "ymri train df Persons responsible to crnq*t*
with this agreement, mcktdalg the person who applied for the accourt and the
prison to whom we address b*V statarher I as wet as any parson wf n
agrees to be Fable an the accarrt. The word 'card means one or more cards
or other access devices, such as account numbers. that we have issued to
Pencil you to obtain credit railer this agreement
2 usiNG YOUR ACCOUNT
Your account is a canSlrner amount and should be used only for wisadat,
Sorrily or hmsehold ptepo- Urdesswe agree or a is required by law. we will
not be responsible for mendwxke or services purchased or leased.timough
use of your account You promise to use yar accoudtodyfor valid and lawful
trarrsactiom For lCaGtr VK intetnet gamblim may be B qaf n some places: It
fs not our responsibility to Otero we that you use your account only fix
permissible trarlsacmKts, and yew will Germain responsible for paying. for a
trastsaction eve, t it is hat Wrlissible.
Types of Tran>aCOC
• powh ses You Ray rue your c ud to pay for goods a services
• Chadds. V& may Provide you cash advance dwb or balance transfer
• checks as a ra,Y is tae a)oa accarrG tAfe aSo referoo them in this agiurerthexu
a& a check or checks You may use a check to Pay for goods or services, to
transfer baiartcxs toyaraccuiunC 0000 odtarusesweabve.&t)w my not
usethese toba wfa6ofatcestotfdisaaaintfrbmmberau uorie+t?iyah
us uu any of our ralM d wmpar*& O* the person "hose new' ' wIri 66q'n "
the deck may sight to the ;Y. Cash advance chedds meat also ba refhi t,
as canvenie ce dhecI
• RatancieTianskmYoremaarUamferbalan eshootheraccoattsorloans
withodwcr khaddh ecsorodwianderstaftP atrhCaradrtlralanm
inane: vile aflmee Kett Vw may wt traaft hai mn is drs• accet from
other ac mm with to of ary of our related canpantias. M a Portion of a
raquested bafan ce transfer willex - your avadTebb aadiit. line, we may
process a partial loafanc?e trm>det tip m your avaiable credit. fine.
Casio Adhrw 1Cat may Use yes card tg get cash for, mrbonstic finer
MwItaaes, or ran financial irstihrGootr accepting the. cardt or to obtain
travelers ctreks? fineW wrrer moray ordets, wire trarsfem or similar
cash-lice cargos: air to o blairriott" titIt cadw gaining chill race track
wages air Soo daft beoq tdatsacti s, You may also terse a third party
service to make apayment ahyour bM andbillypayment to thiseccouat
Cash Advances may ads, be reFdted to as Advmxas.
-.60itt" Mani= ff.yi- have an'046re clwckehg aictaiihit hNilh aiie of
our related'6ffks, You may ro* ties account to your dteckarg aieoudt with our
mbW bankno Cannon an overdraft on anal; drocking aecwrdt under theterns of
ft agaee(Mv an4 yok droftag•="agrtoneht. .. .
tfWM9 Cyder
in order to manage your account. we divide time Into Peiods.caled 'bilnhg
" rycle&- Each bung cycle is ap mAnetely one month it WngdL For each
calendar mm* your account wl have a billing cycle ft aids is ft month.
Yak account waif have a br'Ifmg cyce• ending ore each rat, I r month whedw
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Mal
;gig I
your account for'others, we may report account information in your name as-
well as in the names of those other people.
K you think we have. reported inaccurate nfomatim to a credit bureau, you
may write to us at the Cardmernber Service address Fisted on ynor•billing
statement. Please include your namme, address. account number telephone
number and a brief description of the problem. If available, please provide a
copy of the credit bureau report in question. We will promptly investigate the
matter anal, E cir investigation shows that you are right we will contact each
credit bureau to which we reported the information and will request they
correct the report If we disagree with you after our investlgaton, we will td
you in writing or by ten:phone. We will also notify the credit bureau that you
dispute the information unless you let is know that you no longer dispute the
knfomtediut
it. NOTICESXHANGE Of PERSONAL INFORMATION
4 will send cards, billing statement and other notices to you at the address
shown in our files. OG IF this is a joint account we can said burg stawnwits
and notices to any joint account holder Notice to ore of you vwTl be wrhsWeted
notice to d of you and d of you will ratan oblgated on the arrant
If you charge you nine, address, or home or business telephone number or
email address {7 you elect to receive faTriag statements or char notices on
ineL you watt notary us immediately fn.writing at the address shown an do
back of your baling statemerrL We meW at our option, accept mdTmg•address
corrections horn the United States Pbstd Service.
tL TELEPHONE MONITORING AND RECORDING
We, and 9 applicable our agerms, may listen to and record you telephone -
with ors. You agree that we. and it applicable, our agents, may do so. whether
you at we initiate the telephone calf.
is on:
d!f C4lNf) h` ; :... . • ; rat.
14. ENFORCING THIS AGREEMENT
We can belay enforcing or. not enforce any of our rights under this agreement
wkhmA being our dgfnt to anfmrce then in the fume. 9 any of the tames of this
agreement are found to be unenforceable, all other terms will remain in full
force
15. ASSIGNMENT
We may assign you amount any emourds you owe ps, or any at our rights
and obiligatim untie this agrearnatt to a third party. The personto wborn we
main the assignment will be ardided to any of our rights that we assign to that
person.
16. GOVERNING LAW
THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR
ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH
FEDERAL LAW AND, TO, THE EXTENT STATE LAW APPLIES, THE LAW OF
DELAWARE, WITHOUT REGARD TO CONFUCIOF•LAW PRINCIPLES. THE
LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL
APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT.
17. FOR INFORMATION
Please call to Cmdmewher Service telephom number on your card or biting
stataneht if you have any queWons about ymw accouatorthis agreemeru.
1a. YOUR BILLING RIGHT'S
Keep This Notice For Firwire Use
This nodca contains important information about your rights and out
responsibilides under the foe Credit Billing Act
Notify Us In Case Of Errors Or Questions About Your Bill
t you think your bit is wrong, or H you need more Wormatnn about a transaction
on your A write us on a separate sheet at the Catdmembe Service address
•EhOwRn an your bffi'ng statement Write to us as soon as possible. We must hear
from you no late than 60 days after we sett you the rust bit an which the error
or problem appeared. You can telephone us, but doing so will not preserve you
rights.
In your letter, give us the following information:
• Yap mare and account number.
• The dollar amount of the nplSpectBd am.
• Describe the error and euplefn, if you can. why you believe there is an error. 9
you need more information, describe the dam you are not sure abate
If you have atrthrrbsed us to pay you credit card bill automatically from your
savings or taming account you can stop the payrnent on arty amount you third;
is wrong. To stop the payrrwd your letter mist reach us at beast three business
days before the automatic payment is scheduled to occur.
Your RWWO And Orr Responvig Trties After We Receive Your WrrtEen Notice
We must acknowledge your letter wd n 30 days, unless we have corrected the
ON by then Within 90 days, we no either correct the error or &Vlain why W.
believe the beg was correct
After we receive you letter, we cannot try to collect any amount you quiestion, or
eport you as delmqurent. We can continue to bill you for the amount you questin
khckrdag Finance ch rgm and we can apply rnY unpaid amount against your
credit l1mL You do not have to pay any questioned amount while we ar-
kwev*d% but you are stiff obligated to pay the pam of you bill that are not in
question.
If we find that we made a mistake on you bill, you wilt not have to pay any finance
dwges related to any questioned amount. M we ddri t make an iatalo; you may
have to pay finance charges, and you will have to make up any missed payments
on the questioned amount in either rase, we well send you a statement of die
amount you owe and the date that R is due.
N you fall to pay the amount that we think you owe, we may report you as
defrquent. However, 9 our emgtarmon does not satisfy you and you write to us
within 10 days tering us that you still refuse to pay, we must tell artyahe we report
you to that you have a question about your b8. And, we must tell you the name
of anyone we reported you to. We mast tell anyone we report you to that the
matter has been settled between us when it finally is.
0 we don't follow these rules, we can't collect the first 550.00 of the queWoned
amount even a you bill was correct
Special Rules for Credit Card Purchases
If you have a problem with the w ality of property or satvices that you purchased
with a credit card, and you have tried in goad faith to correct the problem with the
mo dwK you may have the fight not to pay the remaining amount due on the
property or services. This right does nut apply to cock trarsactiorm There are
two Gmilations on this right:
Ia) You must have made ttte purchase in your home state or, 'd not within your
home state, within 100 miles of your curert rna ft address; and
(b) The purchase price must have been more than $50.00.
These lurni ons do not apply d we am or opeate the merchant, or if we mailed
you the advertisement for the property or services.
Copyright ® 2004 JPMorgan Chase ti Co. AN rights reserved.
ADV212 16101
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.
FREDERICK KEEVER
4603 HAMPDEN AVE
CAMPHILL PA 17011
NO:
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
-6*
OD F
, rn +rs
1-17
ITI
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-07317 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COMMONWEALTH FINANCIAL SYSTEMS
VS
KEEVER FREDERICK
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
KEEVER FREDERICK but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT KEEVER FREDERICK
4603 HAMPDEN AVENUE
CAMP HILL, PA 17011
PER EX-WIFE, DEFENDANT LIVES AT 2747 BOAS STREET, HARRISBURG, PA.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Not Found i
So answers:
18.00 12.60 •
.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
5.00
45.60 EDWIN ABRAHAMSEN & ASSOCIATES
12/23/2008
Sworn and Subscribed to before
me this day of
A. D.
Commonwealth Financial
Systems, Inc In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Plaintiff Civil Division
VS.
NO: 08-7317-CIVIL TERM
FREDERICK KEEVER Praecipe to Withdraw Civil Complaint
2747 BOAS ST
Harrisburg PA 17103
Defendant
To the Prothonotary of CUMBERLAND County Pennsylvania:
Please enter the above Praecipe to Withdraw the Civil Complaint.
Thank vrni
Sworn and subscribed before
this JUA?day 20_a
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