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HomeMy WebLinkAbout09-0167IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NCO Portfolio Management ASGNE OF MBNA CIVIL ACTION 507 Prudential Road Horsham, PA 19044 Plaintiff vs. NO: QQ_ Ol(o'1 CIYi! ~~ R M WISKEMANN 133 STONEY POINT AVE SHIPPENSBURG PA 17257 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 NCO Portfolio Management ASGNE OF MBNA CIVIL ACTION 507 Prudential Road Horsham, PA 19044 Plaintiff . vs. NO: Dpi- ~~G7 ~ ~.v~- R M WISKEMANN 133 STONEY POINT AVE SHIPPENSBURG PA 17257 Defendant COMPLAINT Plaintiff, NCO Portfolio Management ASGNE OF MBNA, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, NCO Portfolio Management ASGNE OF MBNA, (hereinafter "Plaintiff') is a Pennsylvania corporation with a principal place of business located at 507 Prudential Road Horsham, PA 19044 2. The Defendant R M WISKEMANN (hereinafter "Defendant") is an adult individual residing at 133 STONEY POINT AVE SHIPPENSBURG PA 17257. 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 ASGNE OF MBNA NCO with the account number 4264298997988392. 5. The within account was sold by ASGNE OF MBNA NCO to NCO FINANCIAL SYSTEMS, INC for valuable consideration and all rights under said accounts were assigned to NCO FINANCIAL SYSTEMS, INC. 6• Use of the ASGNE OF MBNA NCO 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. 7• Defendant used the ASGNE OF MBNA NCO credit card account number4264298997988392, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 9• The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent March 28, 2006. 11. The principal amount was $8,694.33 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 0. 13. The total amount due and owing the Plaintiff including interest, is $11,167.65. 14. 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 $11,167.65 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. Respectfully submitted, t/dwin A. Abrah Assoc. Michael F. Ratc o ,Esquire Heather K. W 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, NCO Portfolio Management ASGNE OF MBNA, 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. rv SLR -mom„ r: ~> ~,,. ~ ~ <_ ~ ~ -.,- c . ~_ ~` ,~ rn ~ ,~" _._ --~