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Home My WebLink About09-3737IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 120 N. Keyser Ave. CIVIL ACTION Scranton PA 18504 Plaintiff VS. : NO: bq - WS7 DAVID HORNBERGER 120 S 2ND ST APT IF LEMOYNE PA 17043 Defendant NOTICE TO DEFEND (21yktTex-N 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. DAVID HORNBERGER NO: dq. 37 37 0-t?4 l Z. 120 S 2ND ST APT IF LEMOYNE PA 17043 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 DAVID HORNBERGER (hereinafter "Defendant") is an adult individual residing at 120 S 2ND ST APT IF LEMOYNE PA 17043. 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 WHEATLAND FCU with the account number 3363. 5. The within account was sold by WHEATLAND FCU 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 14, 2008 Plaintiff was assigned all rights to certain credit card accounts from Unifund, including the account opened by Defendant with account number 3363. (See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit "B.") 7. Use of the WHEATLAND FCU 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 WHEATLAND FCU credit card account number 3363, 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 9, 2006. 12. The principal amount was $4,605.39 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 $8,587.24. 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 $8,587.24 plus costs of suit and any other relief as the Court deems just and appropriate. submitted, Assoc. Edwin A. Abr/quire Michael F. Raquire Heather K. WAttorney I.D. /207805 1729 Pittston Scranton, P mratcntora(eveaa-iaw.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. / `?" /77 Michael F. Ratchford, T i. BILL OF SALE AND ASSIGNEMNT OF NON-PERFORbUNG ACCOUNTS AND CONTRACT RIGHTS Wheadand Federal Credit Union ("ASSIGNOR") for and in consideration of the sum of $3,212 paid, hereby absolutely SELLS, TRANSFERS, AND ASSIGNS TO Commonwealth Financial Systems. ("ASSIGNEE"): (a) aU of Assignor's right, title and interest, in and to each of the promissory notes, credit agreement or other evidence of indebtedness for each of the accounts identified in the account schedule ("Account Schedule") attached hereto as Exhibit "A", (the "Account"), and together with all right, title and interest of Assignor in: (r) all instruments, documents, agreements, certificates and legal r? opinions executed in connection with the Account, as defined in the Purchase Agreement (defined below) (n) all collateral (whether real or personal property) currently pledged in connection with the Accounts (iii) any judgments founded upon any such promissory note, credit agreement or other evidence of indebtedness and any lien arising there from; (iv) any claim, demand or legal proceedings with respect to such promissory note, credit agreement or other evidence or indebtedness or any collateral for any of the Account, forming the / subject matter of any litigation or banlauptcy to which Assignor is a company, l but not including any rights, causes of action or defenses peculiar to Assignor under any federal or state statute or rule of law; and (b) all principal, interest or other proceeds of any kind with respect to the Accounts "" - received on or after the Cut-off Date (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Accounts into cash or other liquidated property), but excluding any payment or other consideration received by or on behalf of Assignor with respect to the Acc6XMts prior to March 7th, 2008, (except as stated in the Purchase Agreement) regardless of whether timely paid. Assignor hereby represents and warrants that Assignor is the owner and holder of the promissory note credit agreement or other evidence of indebtedness for each of the Accounts. Except for the foregoing representation and warranty, the sale, transfer and assignment made hereby is made without recourse or express or implied representation or ' warranty of @ the collectabAity of any ban; (u) "fitness for a particular purpose", (in) "merchantability", (iv) the enforceability of any promissory note or other evidence of E indebtedness, or (v) any other type or kind regardless of whether such representation or wananty would arise by statute, at common law or otherwise, except as provided for in the Purchase Agreement. C?k-as11 r r. ' This Bill of Sale and Assignment of Accounts is executed to effect the Sale of the Accounts pursuant to that certain Purchase and Sale Agreement (Purchase Agreement") dated March 7th, 2008 executed by and between Assignor and Assignee and the sale and assignment made hereunder are made subject to all of the terms and conditions of the Purchase Agreement. DATED: ASSIGNOR Wheatland Federal Credit Union By. Name: Kathy Rye Title: CEO/President 9 O OF THE PROTHONTARY, 2009 JUN -5 Pty 3: 12 CUMP! u ti i.UN 1 t " .!4 YLVAN A, 4 7s . W Po Arr*/ er_* q 08? I e Sheriffs Office of Cumberland County R Thomas Kline 9~~tr dt ~~~~+brr~ Edward L Schorpp Sheriff ~' ~ ~~ Solicitor Ronny R Anderson ~~"' Jody S Smith Chief Deputy c~~ac~ o~ r~~ ~~~trF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 05:05 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1705 hours, he served a true copy of the within Complaint and Notice, upon the vhtithin named defendant, to wit: David Hornberger, by making known unto himself personally, defendank at 120 S. 2nd Street, Apt. 1 F Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at thle same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $39.70 June 09, 2009 SO ANSWERS, R THOMAS KLINE, S ' ERIFF uty i 2009-3737 Commonwealth Financial Systems, Inc, v David Hornberger n rU O ~ ~ ~ }~ ~ rig ~i ~ - ~ ~ J a . N '~ F ~ ~ I~? ~~ .e-r r Y.. ~ .. W -pi ~7 Cta '<