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HomeMy WebLinkAbout04-2412COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO, (:~.~" NOTICE OF APPEAL Notice is given that the appellant has fi;ed in the above Court of Common P~eas an appeal from the judgment rendered by the District Justice on the date and in the case referenced belew. Commonwealth Financial Systems, Inc. 109-1-01 I Charles A. Clement, Jr. 120 North Keyser Avenue Scranton PA 05/10/04 { Commonwealth Financial Systems, Inc ~ Roger M. Alleman 18504 [ This block will be signed ONLY when this notation is required under Pa, if appel/ant was ClaC~ant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Distdct Justice, will opecate as a before a OisfHct JustiCe, A COMPLAINT MUST BE FILED w~thin ~enty SUPERSEDE^S to the judgment for possession in this case. (20} days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th[$ $ection of form to be used ONLY when appeilant was DEFENDANT (see Pa. R.C.P,D.J. No. fOOl(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appellee(s), to file a complaint in this appeal Name of appe~ee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of serv{ of this rule upon you by pemonel service or by certJtied or registered mail, (2} if you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPE.a COURT FILE TO lie FILED WITH PROTHONOTARY AOPC 312-02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Diet NO.: 09-1-01 CHARLES A. CLEMENT, Addr~,: 400 BRIDGE STREET OLDE TOWNE COMMONS N~W CUMBER~ND, PA r~e~ho,~e: (717) 774'5989 - SUITE 3 17070 COMMONWEALTH FINANCIAL SYSTEMS INC 120 N KEYSER AVE SCPJ[NTON, PA 18504 THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) [.Z---~ Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS F-COMMONWEALTH FINANCIAL SYSTEMS INCTM 1'2-0 N KEYSER AVE SC~/~TON, PA 18504 VS. DEFENDANT: NAME and ADDRESS ~-ALLEMAN, ROGER M 308 ADELIA STREET MIDDLETOWN, PA 17057 Docket No.: CV-0000123-04 Date Filed: 3/16/04 FOR DEF~'DANT aT,T,'I~/RN, ROC4RI~ M COMMONWRAT,'!~/ ~TN'AN~.T, AT, in the amount of $. .0O [~ Defendants are jointly and severally liable. ] Damages wJJl be assessed on: [~ This case dismissed without prejudice, ]Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ [] Portion of Judgment for physical damages arising out of residential lease $ on; (Date of Judgment) o/o4 (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 oAYa AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WiTH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUOGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Mor~day of January, 2008 . AOPC315-03 DATE PRINTED: 5/11/04 8:25:16 AM SEAL COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. ROGER M. ALLEMAN, Defendant No. -CV-04 -'- &ct 12. CIVIL ACTION NOTICE 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 7TIIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONAl .I.Y OR BY ATTORNEYS 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 ~F REQUESTED NY 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 A'~ah R. Mgge, ~-sq. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. M~ge, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. -CV-04 - ~ ¥/..l- VS. ROGER M. ALLEMAN, Defendant CIVIL ACTION 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Roger M. Alleman ("Alleman"), an individual with an address of 308 Adelia Street, Middletown, PA 17057. Count I - Breach of Contract 3. Defendant applied for and received a Providian credit card, account number 4465- 6715-0078-2444. 4. Use of the Providian Card was subject to the terms of the Providian National Bank Account Agreement ("Agreement"), a copy of which was sent to the Defendant along with the credit card. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant used the Providian Card Account number 4465-6715-0078-2444 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to his use of the Providian Card. 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. COMPLAINT 8. The within account was sold by Providian to Unifund CCR Partners ("Unifund") for valuable consideration and ail rights under said account were assigned to Unifund, whereupon Unifund sold the within account for vaiuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale are attached hereto, made a part hereof and marked as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of May 13, 2004, the balance due and owing to Plaintiff from Defendant was $4,943.93. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $4,943.93 plus costs and interest at the rate of 19.99 % per annum from May 13, 2004 as well as reasonable attorneys fees of $1631.50 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth hem at length. 14. The within account was an account in writing and expressly orimpliedly accepted by both parties. ! 5. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $4,943.93 plus costs and interest at the rate of 19.99 % per annum from May 13, 2004 as well as reasonable attorneys fees of $1631.50 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's 3 expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $4,943.93 plus costs and interest from May 13, 2004. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $4,943.93 plus costs and interest at the rate of 19.99 % per annum from May 13, 2004 as well as reasonable attorneys fees of $1631.50 and such other and further relief as the Court may deem just and appropriate. By: ~~~ Alan R. M~ge, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954~5393 /[~ PRQV1DIAN ~n~ b Kt ~ ~e o~ac We ~, ~a~ J~b~, d~ a w~n slog ~ment o~er s~ mon~ s~ ~ uel~s R ~ ~en~ed ~n ~. ' AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton ) ss. Jessica Bergholz being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners heroin called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is author/zed to make the statements and representations herein. The defendant is not in any branch of the armed services. There is due and payable from ROGER M ALLEMAN, Account Number 4465671500782444, the amount of $3078.53 in principal balance plus interest at the contract rate. By the terms of the agreement between the defendant and the orig/nal creditor, interest is accruing at the contract rate, This account was originated with Providian National Bank. Unifund CCR Partners purchased this account from Providian National Bank. Said account has been assigned, transferred and set over unto, COMMONWEALTH FINANCIAL SYSTEMS with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said clhim. DATED this 07 October 2003. ) UNIFU CC~TNERS By: Jessica Ber~holz Media Supervisor Title 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 7_ day of October,2003  Year Notary Public My commission expires. Exhibit "B" 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 Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of.rune 18, 2003 (the "Agreement"), does hereby sell, assign and transfer to Purchaser all of its good and marketable title, free and olean of all liens, claims and encumbrances Lq 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 o,t)~rwise, except to the extent stated in the Agreement. Executedong''/~}/~/~ ~-~.~ UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Ino, Its General Partner Presidant For Unifund Use ONLY Client # ~ID CID # VERIFICATION I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiffherein, do hereby verify that I am the keeper of records of the Plaintiffin the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unswom falsification to authorities. Date: PATRICIA COBB CFSI File No. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. ROGER M. ALLEMAN, Defendant No. 04-2412 Civil Term CIVIL ACTION CERTIFICATE OF SERVIC. E I, Alan R. M~ge, Esquire, hereby certify that on June 1, 2004, Plaintiff's Notice of Appeal was sent to District Court 09-1-01 via certified mail, postage prepaid, and Plaintiff's Notice of Appeal and a true and correct copy of Plaintiff's Complaint was sent to the Defendant via certified mail, postage prepaid at 308 Adelia Street, Middletown, PA 15'057.. % a~'~. Mege, Esq ~rll~e Atty. I.D. #81288 Attorney for plaintiff P.O. Box C Hellertown, PA 18055 (610) 838-4960 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. ROGER M. ALLEMAN, Defendant : No. 04-2412 Civil Term : . : CIVIL ACTION : PRAECIPE TO THE CLERK OF SAID COURT: Please enter judgment in favor of Plaintiff Commonwealth Financial Systems, Inc. and against Defendant Roger Alleman in the amount of $6,575.43 plus costs and interest at the rate of 19.99% per annum from May 13, 2004, for want of filing an Answer. I certify that a 10-day notice, a copy of which is attached hereto, was served on Defendant via first class mall on June 23, 2004. Alan R. M~ge, sE~q. Attorney ID No. 81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954~5.93 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. ROGER M. ALLEMAN, Defendant : No. 04-2412 Civil Term . . : CIVIL ACTION TEN DAY NOTICE TO: Roger Alleman, 308 Adelia Street, Middletown, PA 17057. DATE OF NOTICE: June 23, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII,F.D TO TAKE ACTION REQLFiRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR MONEY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. 1~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TI:J.F~HONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL I-IFI .P. CUMBERLAND COUNTY BAR ASSOCIATION 2 I,IltERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ~n R. M~g~, Esq, Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. M~ge, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393