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HomeMy WebLinkAbout09-7082 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff Oq - 10811 ai Y i ter+% : No. Civil Term VS. CORY ADAMS, Defendant 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 THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Alan R. Mege„Egq. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. Mege, 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 VS. CORY ADAMS, Defendant 04- 7Dk_ &c J Tc - No. Civil Term CIVIL ACTION COMPLAINT 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 Cory Adams ("Adams"), an individual with an address of 440 Bernheisel Brdige Rd., Carlisle, PA 17013. Count I - Breach of Contract 3. Defendant requested a credit card from Chase Bank. 4. On November 30, 2004, Chase Bank offered Defendant a revolving open-end charge account and issued a card to the Defendant subject to the terms and conditions set forth in a written agreement, a true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit "A". 5. Exhibit "A", the contract between the parties, is a written contract and is attached hereto pursuant to Rule 1019(i). 6. Defendant accepted the terms of the written account agreement by using the Chase Bank credit card account number 5149-2301-8007-5925 for purchases, cash advances, and/or balance transfers. 7. Defendant was mailed account statements relative to Defendant's use of the credit card. 8. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 9. The last payment of the Defendant was received and credited on August 15, 2006. 10. The within account was sold by Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A.) to Unif ind CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale and Bill Of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". 11. 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. 12. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 13. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 14. As of August 31, 2009, the balance due and owing to Plaintiff from Defendant was $7,061.35. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $7,061.35 plus costs and interest from August 31, 2009 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. 2 Count II - Account Stated 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The within account was an account in writing and expressly or impliedly accepted by both parties. 17. 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. 18. 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 $7,061.35 plus costs and interest from August 31, 2009 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 19. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 20. 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. 21. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 3 23. 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. 24. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s 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 $7,061.35 plus costs and interest from August 31, 2009. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $7,061.35 plus costs and interest from August 31, 2009 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. By: A an R. ege, Es ' e Atty. I.D. #81 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 W' . Cardmember Agreement [9uf3l.0 ACCEPTANCE OF THIS AGREEMENT This agreementgoverns your creditcard accountwith us referenced on the card carrier containing thoeard forthis account Anyuse of your aeeountis covered hythis egresment Please read tine entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account You promise -- M us for all transactions made on your account as well as any lessor finance charges. is is a joint account, each of you, together and individually, is responsible for paying al! amounts owed, even if the account is used by only one a you. We may require that you pay the full smountowed wit'houtfirst asking the other personls)to pay. Plea se sign the back of your card when you receive it You will be bourid by this agreement if you or anyone autihorizW by you use your account for any purpose, even if you don't sign your card Whefier you use you accorntdr not you will be bound hytltis agreement unless you cancel your account within 30 days altar receiving your card and you have not used your account for any purpose. Throughoutthis agreement, the words'we','me and lour' mean Chase Bank USA, N.A., the issuer of your credit card and account The words "you', Name and'youna' mean all persons responsible fa complying with tins agreement including the person who applied for the account and the person to whom we address br'fHne statements, as wan as any person who agreesto be liable on the account The word'emar m sans one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain creditunder this agreement USING YOUR ACCOUNT Your account is a consumer account and shag be used only for personal, family or household purposes. Unless we agree or it is required by law, we wig not be responsible for merchandise or services purchased or leased through use of your account You promise to ass your account only for void and lawful transactions. For exam pie, intsmat gambling may be Illegal in some places. Itis not our responsibility to make sure thatyou use your account only for permissible transactions, and you will remain responsible for paying fora transaction even H it is not permissible or contemplated under this agreement Types of Tranaactionx • Purchases: You may use your card to pay for goods or services. • CheckiK We may provide you cash advance checks or balance transfer checks as a wayto use your account. We also refer to them in this agreement as a ch eck or checks. You may use a checkto pay for goods or services, to transfer balaneestoyour account or for other uses we allow. Butyou may not use these checks to transfer balances to this account tram other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreementor any offer we make to you. We may treat checks thstwe call convarrence checks as balance trarnderchocks. However, checks that we call convenience checks and that we indicated to you are subject to the terms for cash advances, may be treated as each advances and assessed cash advance rates and fees. • Balance Transfers: You may transfer balances from other accounts or loans with other credit card issuers or Aar lenders to this account or other balance transfers weal low. But you may not transfer balances to this account from other accounts with us or any of our related companiet If a portion of a requested belate transferwill axes adyour available credit One, we may process a partial balance transfer up to your evailaWe credit ine. • Cash Advances: You mmy use your card to got cash from automatic taller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar c ash-ike charges; a to obtain lottery tickets, casino gaming chips, race track wagers or for simgar betting transactions. You may also use a third parry service w make a payment on your behalf and bill the payment to this account • Overdraft Advances: If you have an eligible checking account with one of our related banks, you may ink this account to your checking account with our related bink to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement Billing Miele: In orderto manage your account; we divide time into periods called billin g cyclesr. Each boons cycle is approxanstaly one month in length. For each calendar month, your accountv6g have a billing cycle that ends in slut month. Your account win have a billing epic ending In each calendar month whether or notibere is a billing statement for that billing cycle. Authorized Users If you allow someone to use your accoum that person will be an authorized user. You may request an additiond card for use by an authorized user on your account if you do so, this account may appear on the cretfttreportof thataufhorized user. Yeu should think carefrdiy before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain respponsible f r the urs ofyour account and each card Issued on your account according to tiha terms of this agreement This includes your responsibility for paying an charges on your account merle by an authorized user. You must notify us to terminate an authorized user's permission to use your account If you notify us, we m my close the accounts ndVor issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of accassto your account from that authorized user. Credd Line. Your credit line appears on your billing statements. We may also refer to the credit One as a credit limit Your billing statement may afro show that only a portion of your croditline may be used for cash advances. Cash advances,induding cash advance checks, are charged against the each advance portion of your credit fine, and all other transactions are charged againstyour credit line. You are responsible for keeping track Page 1 of 6 h,? {fir of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is ova your credit line for any reason, we may charge you an ovetti mit fee as described in this agreement We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately it we ask you to. This agreement applies to any balance an your account including any balance over your credit line. Atour discretionrwe may increase, reduce, or cancel your crediEfine, or the cash advance portion of your creditfins, at any time. However, if you have asked us not to do so, we will notincresse your credtline. A change to your credit line will net atfactyour obligation to pay us. IntaaafonslTraasactions: International transactions include any transaction that you make in a foreign currency orthatyou make outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa international or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective. entity itself receives), or the government-mandated rate in effeeton the applicable processing date. Thereto in effect on the applicable processing date may differ from the rate oaths dateyou used your c and oraccountWereservetherl9kttochargeyouanaddition lAoftheU.S.dollaramount of any international transaction, whether thatiranesction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% wilt be calculated on the U.S. dollar amount provided to us by that entity. The some process and charges may apply if any international transaction is reversed. Refusal to Authorize Tranoacdom We may, butare not required to, decline a transaction on your account for arty of the following reasons. • because of aperatonal considerations, • because your account is in def auk, • 'd we suspect fraudulent or unlawful activity or, • m our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you hove sufficient credit avail able. For online transactions, we may require that you register your account with an authorization system shat we select We will notify you if we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Cheeks Each check you write is your request for funds. When we receive a check for payment we may review your accountto decide whether to authorize that check. We may, butare r (required to, reject and return unpaid a check for anyreason, including the following examples • We or one of our related companies is the payea on the check. • Your creditline or cash advance portion of Vow credltine has been exceeded, or would be exceeded if we paid the check • Thechecti•is past-dated. It a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the data opeeified on it • You are in default or would be if we paid the check tast or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement Do not use your account after you notify us, even R your card, cheek, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any foss, theft or unauthorized use related to your account You may be liable if there is unnuthomad use of your account from which you receive no benefit, but you will not be Hable for more than X0.00 of such transactions, and you will not be liable for any such transactions made afteryor notify us of the loss, theft or unauthorized use. However, you mustidentify for usthe unauthorized charges from which you received no benefit We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment You agree to pay us amounts you owe le U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, money order or automate debitthetwill be processed or honored byyour financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment Any payment check or other form of paymentwhich you send to us for less than the full balance that is morked'psid in hrg' or with a sioullarnotatlion orthatyou otherwise tender In full satisfaction ofa disputed smo nt(candiional paymerrta),mustbe sentto us atthe conditional pa entsaddresslistedonyourmonthlystatementWereserveallourrights regarding such payments. For example, if it is determined there is no valid dispute or if any such payment is received atany other address, we may acceptthe payment and you will still owe any remaining balance. We may refuse to accept any such payment by resuming it to you, not cashing it or by destroying it All other payments that you make should be sentto the regular payment address shown on your monthly statements. Wh; reserve the righttio electronically collect your eligible payment checks, at first presentment and any representmerht, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to eoUect the amount of the check electtonicft or, if needed, by a draft drawn againstlhe bank account Payment checks anll be collected electronically by sending the Bieck amountalong with the check, rooting and account numbers to your bank. Your bank account may be debited as early as tike some day we receive your payment The original payment check will be destroyed and an ihihage will be maintained in our records. Mialmkmh Payment You agree to pay at loan the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is duo You may pay more then the minimum payment due and may pay the full amomktyou owe us at any time. If you he" a balance that is subject to finance charges, the sooner you pay us, the less you will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'Now Balance' on your biting stataaer If the Now Balance is $10.00 or less, your minimum payment due will be the Now Balance. Otherwise, itvwll be the largest of the following: $fa0Q 2% of the New Balance; ortihe sum of I% of the Now Balance, total billed periodic rate finance charges, and any billed late and overlimit lees. As part of the minimum p rryment due, we also add any amountpast due and any amount over your credit tin e. Payment Alioeation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or corwaniantfor us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balancer You may requests refund of a credit balance at ahoy time. We may reduce the amount of any creditbalance by the amount of new charges or fees billed to your account Automatic Char liar You may authorize a third party to outornatically charge your accountfor repeattransactions (forexample, monthlyullity charges, memberships and insurance premiums). It automatic charges are stopped for any reason (including because your account is closed or expanded for any reason) or your account number changes, you are rstponsiWs for notifying tie biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your nowaccountnumbercharges thatyou authorizedtobe bdledtoyourold account number. Promodoor. From time to time we may offer special terms for your account If we do, we willnotify you aboutths terms of the offer and how long trey will be in effect Any promotion is subject to the terms of this agreement as modified by the promotional offer. FINANCE CHARGES Darn Periodic Rates and Annual percentage Rates: Your annual percentage rates ('APRs') and The corresponding daily periods rates are listed on the Rates and Fees Table that is at the end of this document or provided separately- To get the daily periodic ram we divide the APR by 305, and in effect always round up at the fifth place to the right of the decimal point Variable Rdor One or more APRslhatopply In your account may vary with changes to the Prime Raw. When you hove an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Re* published in The Wall Sbeet Jeamaltwo business days before the Closin g Cate shown on your billing statement The "Prime Rob' is the highest (U.S.) Prime Rama published in the Money Rates section of The Wall SbeetJournt If The WaNStreatJoumolstops publishing the Prime Rate, we will select a similar reference ram and inform you on your billing statement or through a separate notice. A 'margin' is the percentage we add to the Prime Rate to calculate the APR A business day' is any day that is not a weekend or laderal holiday. The Rates and Fees Table shows which rates, if any, art variable rates. It also fists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before i he Closing Dote shown on your being statement we see whattha Prime Rem is. Ws than add the applicable margin m that Prime_Rsts to get the APR The daily periodic refs is calculated as described above. If our calculation results in a change to it daily periodic rate from the previous billing cycle because the Prime Rabe has changed, the now rate will apply as of the first day of your billing cycle that ends in tike calendar month in which we made the calchdation. Rthe daily periodic rate increases, you will have to pays higher periodic finance charge and may have to pay a higher minimum payment Default Rater. Your APRs also may very if you are in default under this agreement or any other agreement you have with us or any of our related compan ies for any of the following reasons: • We do not receive, for any payment that is owed on Otis askant or any other account or loan with us, at least the minimum payment due by the date and time due. • You exceed your cred'itline on this account • You make a psym entto A dhotis not honored by your bank. If any of these events occurs, wemay increase the APRs lincluding any promotional APR) on all balances lexchhdmg overdraft advances)upto a maximum of the default rate stated in The Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults an your accountathof indications of your account usage and performance; information aboutyour other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle it which the default occurs. Page 1 of 6 CMAI%M If we decide notto increase your APR even though there is a defaultor it we do not increase your APR up to the maximum d~ rate stated in the Rates and Fees Table, we reserve our rlghtte increase your APR in tine event of any future default We may in our discretion determine to charge reduced default rams or reinstate standard rates for all or selected balances on your account Finance Cbehge Cabca :den -- Average Daily Balance Mohthed Ilociuding New Transactional: We calculate periodic finance charges separately for each balance associated with a Wilwontcatagory oftransactions ifor example, purchases, balance transfers, balancetransferchecks, cash advances,cash advance checks, overdraft advances, and each promotion , These calculations may combine di f orentcategories with the same daily periodic rates. This is how it works: We cal ulateperiodc fininee charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by muhiplying the daily balance for each of those categories by the dally periodic rate for each of those cableries, each day. You may have overdraft advances only if you have Inked this accounttoa checking accountwidn one ofour related banks. We crilculate the periodcc finance charges lor purchases, balance transfers, balance transfer checks, cub advances, and cash advance checks subjectto a promotional rate the some way, but we use the promotional rate. To get the daily balance for each day for each category. • We take the begiarinq balance for that day. • We add to that balance any-now, transactions, fees, other charges, and dehit adfjustmentsthat spply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, it applicable, to the daily balance as of 1h e transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daly balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average dally, balance, we wig use the daily periodic rate that applies for the average daily balance amount ottee end ofthe billing cycle to calculate th e daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, N any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and FaesTalle. If itisnecessary to add an' additional amount to reach the minimum finance charge, we add that smountto the balance for purchases made duringthe billing cycle. The total finance charge on your accouatfor a billing cycle well be the sum of the. periodic finance charges plus any transaction fee finance charges. For each category we calculate hn overall: daily balance (includiihp nowtramactionsI for the billing cycle by adding all your dsBy balances and dividing that amount by the number of days in the bigkhg cycle. Ifyou multiptytlhe overage daily balance for a category by the applicable daily periodic rate, and multiply the resulk6y, the number of daya in the bi ktg cycle, the total will equal the periodic fmanca charges for that balance attributable to that billing cycle, except for minorvarietions due toYounding. Grace Period and Accrual of Finance Charges: We accrue periodic fine no* charges on a transaction, fee, or finance charge from the date it is added to your dally balance until payment in full is received on your account However, we do not dwrge periodic fin anc a charges on new purchases billed d wing a billing cycle if we roc ova payment of your New Balance by tike dab and time your minimum payment is due and we received payment of your New Balance on your ihreAnus billing statement by the date and time your psynio nt was due. This exception or grace period' apples only to purchases and doesnot apply to balance transfors, balance transfer checks, cash advances, cash advance mcks or overdraft advances, if applicable. Troneecdon Fees for Cash Advances: We may charge you a cash advance fee in the amount stated In the Rates and Fees Table for-cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the psymerhtto this account we may eh arge a transaction fee for the payment These transaction fees are Smut charges. We add the lee to The balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction fees for Balance Trandersx We may charge you a balancetransfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are ftnome charges. We add the fee to the balance for the related category as of to transaction dam of the balance transfer. For example, a transaction [as for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the•fogwsing fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added fp the balance for porches" made during the billing cycle. Anhual Membership Fee: If your account has an annual membership fee; it will be billed each year or in monthly installments (as stated in the Rates and Fees Tablel whether or notyou use your account and you agree to payitwhen billed. The annual 196 22 243 7021 7M CM0.1eea6 membership fee is non-refundable unless You notify usthatyou wish to closeyour account within 30 days ofthe data we mail your billing slalom enton which the annual man bership fee is charged and tithe same time, you pay your outstanding balance in full. Your payment of the annual membership foe does not affect our rightto close your accountor fimityour right to make transactions on your account If your account is closed by you or us, we will conthueto charge the annual membership foe until you payyour outstanding balance in full and terminate your account relationship. Los Fes: If we do not receive at least the required minimum payment by the date and tine it is due as shown on your billing statement for any billing cycle, we may charge the late lei shown in the Rates and Fees Table. If the lift fee is based on a balance, we calculate the late fee using the Previous Balance onthe current month's statamentthat shows the late foe. This balance is the same.as the New Belenci ahowri on the prior month's statement for which we did not receive at least tie ?egitirid minimum payment by the data and time it was due. Overiimit Fee: R your account balance is over your credit frto at any time during a bi fng cycle, even a only for a day, we may charge an ovedimit fee. We may charge this fee evenffyour'belancels ovifr The credit Ikhelrecause ofs1nance charge orfeewe imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. Butwe may charge an overiimitfee in subsequent billing cycles, even if no new transactions are made on your account if your account balance still is over your creditline at any time during The subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we mustreturn a payment check because it is not signed or cannot be processed, we may charge a retnm payment fee. Return Check Fee: If (a)we stop payment on a cash advance check or balance transfer check atyour request or (b) we refuse to pay a cash advance check or balance transfer check we may charge a return check fee. Administratin Fees: If you request a copy of a billing statement sales draft or other record of your account or if you request two or more cards or any spacial services (for example, obtaining cards on en expedited basis), we may charge you for these services. However, we will not charge you for copes of bilak statements, sales drafts or similar documents thatyou requestfor a billing dispute you may assert againstus under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect wh en we offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: • We do notreceive atlsastthe minimum amount due by the date and time due as shown on your baling statement • You exceed your credit line. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you maybe unwilling or unable to pay your debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. If we consider your account to be in defaulk, we may close your accountwilhout notic e and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month an the unpaid balance when we deem your aceountto be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement CLOSING YOUR ACCOUNT You may close your account at any time. 11 you call us to close your account, we may require that you confirm your request in writing. We may close your accountat arty time or suspend your credit privileges at a time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from closing your accourht or suspending your credit privileges. If you or we close your account, you and arty authorized users must immodietoly stop using your account and destroy all cards, checks or other means to access your account or raturn them to us upon request You will continue to beresponsible for charges tayour occourn, oven If they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account ¦ccordiny to the terms of this agreement In addiction, to The extant allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARRIIRMTION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BEABLE TO BE PART DFANY CLASS ACTIONOR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPi ESENTATIVE ACTION. IN THE ABSENCE OFTHiS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE RAO A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COUn BEFORE A JUDGE OR JURY, AND/DR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RiG14TS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE UtATED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WANED. IllindiogArbitration.ThisArbftration Agreementismade pursuantteatransaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Actithe TFAKL 9 U.S.C. 41-18 as itmay be amended. This Arbitration Agreement sets forth the circumstances.and procedures under which claims (as defined below) may be resolved by arbitration instead of being h igated in court Parties Covered. Forthe purposes of this Arbitration Agreement'we, ItW, and'ouf also includes our parent; subsidiuies, 419stes,111ceasees, predecessors, successors, assigns, arty purchaser of your Accourt, and all of their officers, directors, employees, agents, and assigns or any and all of them. AddftionaRy,'we,'us and"our'shallinclude any third party providing benefits, services, or products in connection with the Account including but not limited to creditbureaus, m@Fchants that accbpt any credit device issued under the Accowtt rewards programs and'enrollmentservioea, credit Iniurance companies, debtcollectors,andalloflheirofficars,dreetomemployees,age tsandrepresentotives) H, and only if, such a third party is named byyou as a co-defendant in any Claim you assert againstus. Claims Covered. E'nber you or we may, widrout the other's consent elect mandatory, binding arbitration of any claim, dispute or controversy by either you orris against the other, or againstihe employees, parents, subsidiaries, affdiatas, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior CardmemberAgrearrentyoarcreditcard Accountortheadvertising, application or approval of our Account relaim7. This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common lav; constitudoeal provision, or any legal theory of law such as respondeat superior, or any other legal or equitable ground and whether such Claims seek as remedies money dam ages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Atbitrati on Agreement or the validity of the entire Cardmember Agreementor any prior Cardmember Agreement This Arbitration Agreement includes Claims that arose in the past or arise in the present or the future. As used in this Arbitration Agreement the term Claim is to be given the broadest possible meaning. Claims subjectto arbitration aiclude Claims that are made ascounterelabns, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in courtmay elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement you retain the right to pursue in a small claims court any Claim thatis within that courCa jurisdiction and proceeds on an individual hashL ifs party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to arty-arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even ifs class action lawsuit or other representative action, such as thstin the form of a private attorney general action, is filed, any Claim between us roldedto the issues raised in such lawsuits will be subject to an individual arbitration claim if either you or we so elect No arbitration will be consolidated with any otter arbitration proceeding without the consent of all patties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1)thoso brought by-us againstyou and any co-applicant joint cardmember, or authorized .user of your Account, or your hens at your trustsa in bankruptcy or (21 those brought by you end any co-applicant joint cardmember, or authorized user of your Account or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party (ding a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators a re independent from us. The ad ministrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shag be held at a place chosen by the arbitrator or arbitration admirristratnr within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of The current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Associadoo, S35 Madison Avenue, Floor 10, New York, NY 1001 7.46M Web site: www.edr org, 800.778.7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: wwwarbitration-forum.cam, 800-474-2371. Procedures and law applicable In arbitration. A single, neutral arbitrator will resolve Claima.The arbitrator oval either be a lawyerwith at leasttenyeers experience or a retired or former judge. The arbitration will be conducted underthe applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement In which case this Agreementwr'll prevail. These procedures and rules may limitthe amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of Nmftertione, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. Theerbftratorwill take reasonable steps to protect customer Ac countinform Edon and other confidential information, including the vin of proo§ctive-arders to prohibit disclosure outside the arbitration, if requested to do so byyod or Lis. The arbitrator Will have the power to award to a parbr any damages or other relief provided for under applicable law; and will not have the power to award relief to, against or for the benefit 0"' ny person who is not a party tithe proceeding. If the law authorizes such rebel, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award h writing butnesd natprovide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Coate. We will reimburse you for the initial arbitration icing fee paid by you up to the amount of SSW upon receipt of proof of payment Additionally, if there is a hearing, we Page 3 of 6 CMAINIA wilipsy arty fees ofthe arbitrator and arbitration administrator for the firsttwo days of that howin4. The pnymem of any such hearing fees by us will be made directly to the wbitra ion administrator selected by you or us pursuant to this Arbitration wild the rules olthe artNtratian Agreement Affgjbw Ease mill bs elbcan" in keeping advance administrator i eel apjrliaabls law. Howiww, we will ar reimburse filing as and other fan if the arbitntian afmiorstretor or arbitrator detemiinea there i:good Yov oak its and we data tnhha there is good cause reason for requ icing us to do se or for doing so. Each party vviN bee tier expense at e fees and casts of that parry's attomys, experts,vritrwssn, documents and or expenses, regardl"s of which party prevails, for arbitration and any appeal (as permitted balannrL except that the arbitrator shad apply any applicable taw b dstormining whether a parry should recover any or all fee: and costs tram anothar party. Errforcement fiasEty, appeals. Failure or any delay in enforcing this Arbitration Agreementstany first, or in connection with arty particular Claims, will not constitute a waiver of any rights to r squire arbitration at a later time or in connection with any other Claims. Any decision rendered in each whitration proceeding will be final and binding onyhepartias,trMsssaparty ltinvaNngtothearNtrationorgenization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration gal issues anew, followifie organization. The panel will reconsider ail tsetual and It same rules that apply to a proceeding using a single arbitrator, end make decisions based on the vale of the majority. Each party will bear their own fees, costs and expenses for any appeal, buts party may recover any or all fees, costs and expenses from another perty, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other appicable low by any cam having jurisdiction. Severabiliy. snrofval. This Arbitration Agreement shall survive: (i) termination Dr changes in the Cardmember Agreamenttht Account and the relationship between you and us containing the Account such as the issuing at a new account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any parry or any similar proceeding initiated by you or on your behalf, and (ifi) payment of the debt in lull by you or by a third party. It any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining pardons shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agrownentwanytime, regardless of whstheryou have access to your account by adding, debiting, or modifying any provision. Our right to add, delete, or modify proAc ons includes financial terms, such as the APRs and fees, and other terms such as the nature, seism sad enforcement of the rights and obligationayouorwe hrierelating tothisagreement. Modifications, additions, or deletions are called enges' or a'Chnnga We will notify you of any Change if required by applicable laws These Changes may be effective with notice only. at the time sorted in our notice, in accordance with applicable law. Urdess we state otherwise, any Change will apply to the unpaid balances an your account and to nowtransacdone. The notice will describe ary rights you may have with respeet to any Change, and the consequences if you do or do riot exercise those rights. For example, the notice may state thetyou may notify ut in writing by a specified date if you do not weritto accept certain Changes we are making. If you notify us in writing that you do not acceptdw Chsnget, your accamtmaayy be dated (if it is not already closed) and you will be obligated to psyyow outtfanding balance under the applicableterms of the agreemorit Ifyou do not notifyus in writing bythe dew opted in the notice, or if you notify us butthan use your account after the date stated in the notice, you MR be deemed to accept all Chang" in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account CREDIT INFORMATION We may periodically review your credithistory by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, Including your failure to pay us an Am e. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate Information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Please include your name; address, iccountnumber, telephone number and a brief description ofthe problem. If available, please provide a copy of the credit bureau report in question. Ws will promptly imrasffgete the matter and, if our investigation shows taatyou we right we will contact sad credit bureau to which we reported the informalion and will requesttihey cwractthe report If we disagree with you after our investigation, we will tell you in wvrfting or by telephone. We will also notify the credit bureau tbatyou dispute the information unless you let us know that you no longer dispute the information. NOTICES" NGE OF PERSONAL INFORMATI ON We will send cards, bMnq statements and other noic as to you atthe address shown in our files. (X H tae is a joint account, we can send billing statements end notices to any Joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account If you change your name, address, or home, celludar or business telephone number or anal address fif you elect to receive bilging statements or other notices onfuno), you must notify us immediately in q4 atthe address shown an your billing statement We may, at our option, accaptmai m address corrections from the United States Postal Service. We may contactyou aboutyour occouirt including for customer service or collection, stony address or telephonenumber as well as any cellular telephone number you provide us. TELEPHONE MONITORING ANA RECORDING We, and N applicable, our agarft may listen to and record your telephone calls with us. You agree that we, and 0 applicable, our agents, may do so, whether you or we initiev die telsphone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your accountwithin our family of companies, and with others outside ourfamilyof companies including any company or organization whosename or morkmay appaeron the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreemen Land atleastonce tech calendar yearthweattar, describes our information sharing practices and the choices you have end directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CAIWMEMBERS Illinois law provides that we may not share information aboutyou with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the Wosure falls under another exception in the law (such as idisrfng infifrmatinn to process your transactions or in response to a subpoena). You hereby agreethat, if you choose motto exercise the applicable optoutdescribed In our•PMcy Policy, you wig be deemed to have authorized us to share personal information we have aboutyou Oncluding information related 1b anyotthe products or services you may have with any of our companies) with companies or other organizations outsie of our family of compe rim ENFORCING THIS AGRIEEMENT We can delay enforcing or not enforce any of our rights underthis agreement without losing our right to enforce them in the future. If any of the terms of this agreement tee Found to be unenforceable, ag other terms will remain in full torte. ASSIGNMENT We may assign your account, any amounts you owe us, or any at our rights and obligations under this agreementto a third party. The person 0 whom we make the assignmentwill be entitled to any of our rights thetwe assign to lhatperson. GOVERNING LAW THETERMSAND ENFORCEhfENTOFTHIS AG REEMENTAND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERALLAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED. WILLAPPLY NO MATTERWHEREYOU WE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this a greement YOUR BILLING RIGHTS Knip This Notice For Folrue Use This notice contains importarthJormation aboutyaur rights and our responsibilities under the Fair Credit Billing Act Madly Us fit Case Of Ersers'Or Questions About Year Bill If you think your big is wrong, or if you need inure information about a transaction on your bit write u s on a separate sheetatth a Cardmem bar Service address shown an your billing statement Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing to will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, 0 you can, why you believe there is an error. If you need more information, describe the item your we not are about Ifyou have authorized unto pay your creditcard big automatically from your savings or checking account you can stop the payment on any amauntyou think is wrong. To stop the payment your letter must reach us at least ihnia buslness days before the sufamatic payment is scheduled to occur. Your Rights And Qurflesponsibilitfe=After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the big was correct After we receive your letter, we cannot try to collect am/ amount you question, or reportyou as delinquent We can continue to bill you for the amoa?tyou question, Including finance charges, and we can apply any unpaid amount ayeinstyour credit line. You do not haw to pay any questioned arnourrt while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we me de a mistake on your bill, you will not have to pay say finance charges related to any questioned amount if we didn't make a mistake, you may have to py finance charges, and you will have to make up any missed payments on the questioned amount In shbor case, we will send you a statement of the amount you owe and the date thatit it due. If you failto psyche amountlhatwe think you ows, we may reportyou as delinquent However, if our explanation does not satisfy you and you write to w within 10 days tftg us that you still refuse to pay, we musttell anyone we reportyouto thatyou haves question aboutyour MI. And, we musttellyou ft name of anyone we reported you to. Wa must fall anyone we report you to thatthe matter has been settled between rte when it finally is. It we don't follow these rules, we cent collect the first $RLOO of the questioned amount even if your hill was correct Special Rules for Credit Card Purchesee Page 4 of 6 CMAt9605 105 22 243 7921 7FK7 CMA1 91106 If you have a problem with the quality of prop" or services that you purchased with a credit card, and you have tried in good hith to correct the problem with the merchant: YOU may have the rightnotto paythe remaining amount due on the property or services. This right does nbt apply to check transaction:. There are two limitations on this right: (a) You must have made the purchase in your home am or, If notwithin your home state, within 100 Was of your current mailing address: and (b) The purchase price musthave been more than S5g.K These limitations do not apply if we Own or operate the merchant or if d ihailod you the advertisement for the property or services. Ccpyright ®2001 JPMorgan Chose & Co. All rights reserved. Page.5 Ora CMA18805 CHAS E O EXECBiT A BILL OR SALE Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A.) ("Sewer'), for value received and pursuant to the tams and conditions of Credit Card Account Purchase Agreement dated January 26, 2006 between Sella and Unifuad Portfolio A, LLC CTurebasco, its successors and assigns ("Credit Card Account Purchase Agreement-), hereby assigns effective as of the Cut-off Date of August 10, 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 August 21, 2006 (the "Closing Date') by 2:00 p.m. Seller's time, as follows: Chase Bank USA, N.A ABA #021000021 Beneficiary Name: Chase Bank USA, NJL 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 IN. A, By. Date: August 1.2006 Tale vice, President U ortfoBo By Date:A?t 1 2 6 Title iJtft? ???kr? 3 0 ?i, rand-Sax rlcmvfanE:P. -ell ?a== e ?° ? b and aawng UDI-fi ld.. c:cx Un' • Accat.rulln, xeaigA? Z' date& v Sepfe=6et 30, ZDOS (the ?'. Dd and' av ai r _ in a n c€ ED UlL ,?Lccv 1. ?s • . E ofOR Ea &,M A§MPTnEMEr out ? Apr vf 7'?t?'•.o? a?e?tis?,. exce??r ED 6 .. ? ;;J? I"-- f' r • • 10 AV • t ? i , VERIFICATION I, Danny Venditti, Vice President of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in 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 understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4904, relating to unworn falsification to authorities. Date: 10112-10 y itti CFSI File No. Z f t r 1 j r' t CF Ti- 0 C? T 15 rt" 2: 43 *18.5o PO ATr/ ( LIr (0531 Al-r al 01 Sheriffs Office of Cumberland County FILED-MCE R Thomas Kline OF THE PPOTHOOTAN Sheriff ,,- Ronny RAnderson Chief Deputy ; Jody S Smith C y <; Y Civil Process Sergeant Edward L Schorpp Solicitor Commonwealth Financial Systems, Inc. Case Number vs. Cory Adams 2009-7082 SHERIFF'S RETURN OF SERVICE 10/27/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Cory Adams, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Cory Adams. The current resident of 440 Bernheisel Bridge Road Carlisle, PA 17013 stated Cory Adams no longer lives at this residence. The Carlisle Postmaster has advised the defendant's mail is delivered to address given. An exact address is not available. SHERIFF COST: $38.40 October 27, 2009 SO ANSWERS, L, R THOMAS KLINE, SHERIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. CORY ADAMS, Defendant No. 09-7082-Civil Term CIVIL ACTION CERTIFICATE OF PUBLICATION n n 1 i r~ o .. --~, _~ , ~~.. . -~ ~ '-~- -c; r-r' -`~ ~ --c7 _, ~~ ~^~ L iV _ .~ Cll I, Alan R. Mege, Esquire, being duly sworn according to law deposes and says that a Legal Notice was published in The Cumberland Law Journal on February 12, 2010. Al R. Mege, Esq. Attorney ID No. 81288 Attorney for Plaintiff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 ` ~U4~ ~G c> Q : , ( v <°_ ..~'' ' .. ~ ~;~ _Ti --, (~T'i .t } PROOF OF PUBLICATION OF NOTICE = ' ~ ~ ; IN CUMBERLAND LAW JOURNAL - .:_ -r~ '-~' (Under Act No. 587, approved May 16, 1929), P. L.1784 N t'Si , . ~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 12, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i / visa Marie Coyne, F~ftitor SWORN TO AND SUBSC/RIBED before me this 12 day of February, 2010 Notary NOTARIAL SEAL DEBORAH A COLLlNS Notary Public CARLISLE BORO, CU~fi£ERLAND COUNTY My Commission Explras Apr 28, 2010 CUMBERLAND LAW JOURNAL LEQrAL NOTICE 09-7082-Civil Term Commonwealth Financial Systems, Inc. Cory Adams NOTICE IS HEREBY GIVEN that if you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAW- YER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOR- MATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone 717-249-3166 ALAN R. MI;GE, ESQUIRE 70 E. Broad Street P.O. Box 1426 Bethlehem, PA 18016-1426 Telephone (610) 954-5393 Feb. 12 13 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~.AN~ ,_} ~,~ ~ -~ -; ., ::-+ COMMONWEALTH FINANCIAL `~ ''-'' rya SYSTEMS, INC. Plaintiff No. 09-7082-Civil Term ~ -~;~ _ ,,_ T:y =,; `. <_+ y,t vs. a~ cn CIVIL ACTION `` CORY ADAMS, Defendant PLAINTIFF'S PRAECIPE TO REINSTATE COMPLAINT PURSUANT TO PARCP 401 TO THE CLERK OF SAID COURT: Please reinstate the complaint filed in the above-captioned matter. Date: February 18, 2010 an R. Mege, Es . Attorney ID No. 81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 0 ~r ~~~o( COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS., INC. Plaintiff vs. CORY ADAMS, Defendant No. 09-7082-Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on March 1, 2010, I served upon Defendant, Plaintiff s Reinstated Civil Complaint by mailing same, first class, postage prepaid, via regular and certified mail to: Corey Adams, 224 South High St., Mechanicsburg, PA 17055. By. _~ ~.-~ an .Mege, Esq~ Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610)954-5393 m o ~ ~,~ ~ ca .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. CORY ADAMS, Defendant TO THE CLERK OF SAID COURT: r~ c:~ i No. 09-7082-Civil Term rT ~.~ `~ a .~ ~,., - - - --~ ._ _-;`_ ,;~ CIVIL ACTION - `" - _ n; , . :~ r,.. ` 7 c.,, - < PRAECIPE Please enter judgment in favor of Plaintiff Commonwealth Financial Systems, Inc. and against Defendant Cory Adams in the amount of $7,811.35 plus costs and interest from August 31, 2009, 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 mail on March 23, 2010. Alan R. Mege, sq. Attorney ID No. 81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5.93 ~ I ~. oo P b Ate{ ~,I(,~r 1130'111 a as ~,~ a~ o~ay A~Crhe<, ~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 09-7082-Civil Term vs. CORY ADAMS, Defendant CIVIL ACTION TEN DAY NOTICE TO: Corey Adams, 224 South High St., Mechanicsburg, PA 17055 DATE OF NOTICE: March 23, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOOSE 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 THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ~1 A~ R. Mege, esq. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. Mege, 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. 09-7082-Civil Term vs. CIVIL ACTION CORY ADAMS, Defendant ( )Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $7,811.35 plus costs and interest on Aor~ I ~3 , 2010. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary By: If you have questions regarding this Notice, please contact the filing NAME: ADDRESS: P.O. Box 1426 Bethlehem. PA 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa.R.C.P.§236.) IN THE COURT OF COMMON PLEAS OF . BERKS Commonwealth Financial Systems,.lnc. , Plaintiff . VS. Cory Adams Defendant COUNTY, PENNSYLVANIA NO. 09-7082-Civil Term AFFIDAVIT OFNON-MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That Cory Adams is over 18 years of age, resides at 224 South High St., Mechanicsburg,.PA 17055 and is employed That Defendant is years of age, resides at and is employed That Defendant is years of age, resides at and is employed That Defendant is years of age, resides at and is employed I, Alan R. Mtge, Esquire, do hereby verify that i am the attorney for Plaintiff, that I am fully authorized to make this Verification on their behalf, that the Defendants are unavailable to make this Verification, that the facts contained in the foregoing pleading are true and cortect to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiff's filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Signed: ~ Dated:4/5/10 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. CORY ADAMS, No. 09-7082-Civil Term :CIVIL ACTION c N °- `~' .. ~ ~~ YTl r © ~ ~ T ~ ~ ~=, ~ ~~. ~ -F ~~ f~ ~~ ~ N ~ cn Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on June 23, 2010, I served a true correct copy of the Court's June 21, 2010 Order by mailing same, first class, postage prepaid to: Cory Adams, 440 Bernheisel Bridge Rd., Carlisle, PA 17013. ___-- Bv Alan R. Mege~squire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 COUR~1, OF COMMON PLEAS OF CUMI3ERI,AND COUNTY, Ph:NNSYLVANIA COMMONWEALTH FINANCIAL, _ SYSTEMS. INC. ~ -' Plaintiff No. 09-7082-Ci~~il Term =~ ' .._ . _~ vs. -- ,, .. ._ .,~, CIVIL AC"PION ~~ C' _ - CORY ADAMS, ~?~ ~:.~ . Defendant ~~ ~ - Cb,R'TI1+~ICA'I'l+; OF SERVIC'F I, Alan R Mege, Lsgiiire, hereby certify that on October 17, 201:?, 1 se.r~~ed a true correct copy of the Court's October ll, 201.2 Order by mailing same, first class, postage prepaid to: Co1~ Adams, 440 Bernheisel Bridge Road, Carlisle, PA I70li. ___-- _-- .. ~ ,- - , By~ = ~-- ~~lan R Mege, Esgi~ire~ Atty. LD. ~~81288 Attorney for Plaintiff P.O. Boy 1426 70 East Broad St. Bethlehem, PA 18G 16- l 426 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 09-7082-Civil Term �. vs. c CIVIL ACTION ma; v> "" m rn M CORY ADAMS, Defendant r—:z ° E—� PLAINTIFF'S MOTION FOR SANCTIONS =o r; And now comes Plaintiff and submits the instant Motion for Sanctions, and in SW pc 4 -­0 thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of$7,811.35 plus costs was entered in Cumberland County on April 13, 2010. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on May 14, 2010. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. After notice, a Motion to Compel was filed and an Order entered on October 11, 2012, requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the October 11, 2012, Order is attached as Exhibit "A„ 5. As of September 3, 2013, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant on August 19, 2013. A Certificate of Service is attached hereto. 7. Counsel for Plaintiff sent correspondence to Defendant on August 19, 2013, seeking concurrence, and Defendant is unopposed. A true and correct copy of the correspondence is attached hereto as Exhibit"B". WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and Order that the Defendant shall pay a daily fine of$25.00 to the use of Plaintiff until Defendant complies with this Court's Order of October 11, 2012, and Defendant shall also pay $100.00 attorney's fees to Plaintiff within twenty (20) days of the date of this Order or appropriate sanctions may be imposed upon Defendant following application to this Court. n R. Mege, Esq. Attorney ID No. 288 Attorney for P mtiff PO Box 142 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND RLAND COUNf'Y, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INTC. Plaintiff' No. 09-7082-Civil Term _ VS. rn CD CIVIL ACTION CORY ADAMS, -C N C:)C Defendant r—• -� r C7 URDhR AND NOW, this 2012 ion day of a j/`�' Q� • 11p on consideration of Plaintiffs Motion to Make the Rule Absolute, it is hereby ORDERED that the Rule issued on ,tune 21, 2010, is hereby made absolute and Plaintiff's Motion is GRANTED; IT IS FURTHER 0Ri)Lili1D that Defendant must make full and complete answers to the interrogatories, without obJection or motion for protective order, within twenty (20)days of the date of this Order or appropriate sanctions wili be imposed upon Defendant following application to this Court; h 1 7CJ 6 3r f Distribution: Alan R. Mege, 17:�squire. 70 East Broad Strect, Bethlehem, PA 1801 C Cory Adams, 44013ernheisel Bridge 1Zoad. Carlisle, PA 17013 LECO PY LAW OFFICES OF ALAN R. ME GE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ (610) 954-5393 Todd A. Johns, Esq. Of Counsel (610) 954-5395 FAX AlanM_Esq @juno.com August 19, 2013 Cory Adams 204B South High Street Mechanicsburg, PA 17055 RE: CFSI v. Adams No. 09-7082-Civil Term Dear Mr. Adams: Enclosed please find a copy of Plaintiff's Motion for Sanctions which we intend to file with the Court. Please provide your concurrence or non-concurrence with regard to said Motion by September 3, 2013. 1 would appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. Very truly yours, ege ARM/cros Enc. This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. `c_p� COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 09-7082-Civil Term VS. CIVIL ACTION CORY ADAMS, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on August 19, 2013, I served upon Defendant,a true and correct copy of Plaintiff's Motion for Sanctions and proposed Order by mailing same, first class, postage prepaid to: Cory Adams, 204B South High St., Mechanicsburg, PA 17055. By: ;=Ian ege, Eur I.D. 481288 Attorney for Plai tiff 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. 09-7082-Civil Term vs. CIVIL ACTION CORY ADAMS, C-j Defendant PLAINTIFF'S PRAECIPE TO UPDATE DEFENDANT'S ADDRE C) TO THE CLERK OF SAID COURT: a • --i tsg � Please update Defendant's address to reflect: 204B South High Street, Mechanicsburg, PA 17055 Date: September 3 2013 Alan R. Mege, Esq. Attorney ID No. 288 Attorney for PI intiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF FINANCIAL SYSTEMS, : CUMBERLAND COUNTY, PENNSYLVANIA INC., Plaintiff • v. : CIVIL ACTION—LAW CORY ADAMS, • Defendant : NO. 09-7082 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 25th day of September, 2013, upon consideration of Plaintiff's Motion for Sanctions, a hearing is scheduled for Friday, November 15, 2013, at 1:30 p.m., in Courtroom No. 6, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, � 7 J • esley 01 , Jr., S.J. ✓Alan R. Mege, Esq. 70 E. Broad Street Bethlehem, PA 18018 Attorney for Plaintiff .. Cory Adams, Esq. 204B South High Street Mechanicsburg, PA 17055 C, ,`, Defendant, pro Se ..� cn • rn 'r1__, -„ ,: :rc r- cn tv P Vic; = c 9/2 a 2- ) � r . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL • SYSTEMS, INC. m;:„: Plaintiff : No. 09-7082-Civil Term =a' ' �° Enr- r = rx 2. vs. • <o 2 >CD: CIVIL ACTIONS _.. ^ CORY ADAMS, : co Defendant : CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on September 30, 2013, I served upon Defendant a true and correct copy of this Court's September 25, 2013, Order by mailing same,first class,postage prepaid to: Cory Adams, 204B South High Street, Mechanicsburg, PA 17055. By: lan R. Mege, Esqu. e Atty. I.D. #81288 Attorney for Plainti P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF FINANCIAL SYSTEMS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF • V. • • CORY ADAMS, • DEFENDANT : NO. 09-7082 CIVIL ORDER OF COURT AND NOW, this 14th day of November, 2013, upon consideration of the information attached from the Attorney for the Plaintiff that the Plaintiff is withdrawing the Motion for Sanctions, IT IS HEREBY ORDERED. AND DIRECTED that the hearing currently scheduled for Friday, November 15, 2013, at 1:30 is CANCELLED. By the Court, /0,41 Jf esley OI- , Jr., S.J. Alan R. Mege, Esquire 70 E. Broad street Bethlehem, PA 18018 Attorney for Plaintiff Cory Adams 204 B South High Street Mechanicsburg, PA 17055 Defendant, Pro Se c �' L-13 Fr‘i bas r+7 CD co ►mss ii �` -�` { /� �S//,3 . , a Nov/14/2013 12:03:55 PM Law Offices of Alan Mege 610-954-5395 1/2 I I LAW OFFICES OF v ALAN R. MEGE, ESQ, P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ (61$) 954-5393 Todd A. Johns, Esq, Of Counsel (61 1) 954-5395 FAX Ala _Esq@juno.com FACSIMILE COVER SHEET DATE: November 14,2013 SENT TO: Judge Oler's Chambers FIRM: Cumberland County Courthouse. RE: CFSI v. Adams: No. 09-7082 Civil Term • TELECOPIER NUMBER: 717-240-6460 SENT BY: Alan R. Mege.Esquire/cros TOTAL PAGES SENT: 2 (INCLUDING THIS TRANSMISSION SHE T) MESSAGE: _ A_tta,ched please$nd a 1'raecipe to Withdraw Plaintiff's Motion eo r Sanctions that will be mailed to the Court today for filing in regard to the above-referenced natter. Accord' the hearing scheduled for 1�riday.November 11, 2013, at 1:30 pm is no longer neeessaiy Thank T_ you for your time and attention to this matter. Should you have any questions, please do not hesitate to contact my office THE INFORMATION TRANSMITTED BY THIS FACSIMILE IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NA ED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY f}NOTIFIED THAT ANY fTC1'1 f1C1IPC fvluvrni( 1'110T1?1Q IYrrottno IICC!'1CTLTIIt'n?1TCh1TC/ICTLTTV i ?IdA411h1 f AT1l1hTT 'VTI]TrTI V Nov/14/2013 12:03:55 PM Law Offices of Alan Mege 610-954-5395 2/2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE SYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 09-7082-Civil Term vs. : CIVIL ACTION CORY ADAMS, Defendant PLAINTIFF'S PRAECIP 4 TO W T DRA. .# I k ' I ..t :_ .. _•.� TO THE CLERK OF SAID COURT: Please withdraw Plaintiff's Motion for Sanctions with regard to the abo e-referenced • matter. DATE: November 14.2013 an R. M6ge, Es . Attorney ID No. 8 288 Attorney for Plaint P.O. Box 1426 Bethlehem, PA 18116 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • COMMONWEALTH FINANCIAL • SYSTEMS, INC. Plaintiff : No. 09-7082-Civil Term • vs. • i;mom • CIVIL ACTION CORY ADAMS, Defendant • PLAINTIFF'S PRAECIPE TO WITHDRAW MOTION FOR SANCTI S `-=? TO THE CLERK OF SAID COURT: Please withdraw Plaintiff's Motion for Sanctions with regard to the above-referenced matter. DATE: November 14, 2013 • an R. Mege, Esq. Attorney ID No. 81288 Attorney for Plaintif P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL DIVISION Commonwealth Financial Systems, Inc. : Case No. 09-7082-Civil Term Amount Due $7,811.35 v. • Interest from 4/13/2010 @ 6.00% •• ($1,757.70)•Cory Adams • Atty's Fee** Costs to be added $178.50 m .. PRAECIPE FOR WRIT OF EXECUTION r�z = To the Clerk of Courts: co yam. Issue a writ of execution in the above matter, v , -n , (1) direct the Sheriff of Cumberland county, =- r.0 (2) against Cory Adams , defendant(S)arsil uqn tliei (Name of Defendant(s)) following described property of the defendant(s) All tanglible personal property of the defendant located at 204B South High Street, Mechanicsburg, PA 17055 (Supply four copies of lengthy personalty list) (if real property supply six copies of the description) (3) against , garnishee(s) for the following property: `�- (4) and enter this writ in the judgment index (a) against > defendant(s) and (b) against , as garnishee(s) as a lis pendens against real property of the defendant in name of garnishee as follows: (Specifically described property) Date: January 9, 2014 Signature: Print Name:A . Mege, Esq. aukqlS).S01)A a Address: Box 1426, Bethlehe 'A 18016-1426 p- 0 ( 3F Attorney for: Plaintiff o' t� Telephone: (610) 954-5393 1 Supreme Court ID No: 81288 O a . 00" " ** Where judgment has been entered under Rule 2951(a), attorneys' fees may be included if they are authorized in the instrument and there has been a record appearance of counsel at any stage of the proceedings. 00 " " p . Oa.h.C.P. 3251 d4)4 14 , on << u 1&• S6(.1—• 2.40 . 74 & a°i C L 3S 1 �0-1\ - ok 3 ��� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7082 Civil COUNTY OF CUMBERLAND) CIVIL ACTION-LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH FINANCIAL SYSTEMS,INC. Plaintiff(s) From CORY ADAMS,204B SOUTH HIGH STREET,MECHANICSBURG,PA 17055 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL TANGIBLE PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 204B SOUTH HIGH STREET,MECHANICSBURG,PA 17055 (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,811.35 Plaintiff Paid$ Interest 4/13/2010 @ 6.00%-$1,757.70 Attorney's Comm. % Law Library$.50 Attorney Paid$227.24 Due Prothonotary$2.25 Other Costs$178.50 Date: JANUARY 29, 2014 a rtAX-1/e- David D. Buell,Prothonotary • l _ . !/_ _ Deputy REQUESTING PARTY: Name : ALAN R. MEGE,ESQUIRE Address: P.O. BOX 1426 BETHLEHEM,PA 18016-1426 Attorney for: PLAINTIFF Telephone: 610-954-5393 Supreme Court ID No. 81288 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE 07 CUMBERLAND COUNTY THErr;-�..r}E.D-OFj= ICE. �-t l� HE PROTHONO /“' allif MAY 13 PH B 03 CUMBERLAND COUNTY PENNSYLVANIA ZI ,111110,1 OPTIC E OF THE SHERIFF Commonwealth Financial Systems, Inc. vs. Cory Adams Case Number 2009-7082 SHERIFF'S RETURN OF SERVICE 02/27/2014 07:39 PM - Dawn Kell, Deputy , being duly sworn according to law, states that on February 27, 2014 at 7:39 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Cory Adams at 188 Goodyear Road, West Pennsboro Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. NOTE: DEPUTIES WENT TO THIS ADDRESS; POSSIBLY NOT THE CORRECT CORY ADAMS. ATTY'S OFFICE CALLED ON 02-28-14 AND PROVIDED US DEFENDANT'S DOB & SSN TO VERIFY IDENTITY. INVENTORY SHEETS SHREDDED FROM THIS LEVY. 03/26/2014 08:40 PM - Ryan Burgett, Deputy , being duly sworn according to law, states that on March 26, 2014 at 8:40 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Cory Adams at 204B S. High Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on April 3, 2014. 05/05/2014 Sheriffs sale scheduled for May 19, 2014 at 3:00 p.m. 05/12/2014 04:45 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 204B S. High Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County. 05/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED. Defendant entered into Chapter 7 bankruptcy on May 9, 2014; case no. 1-14-bk-02231. SHERIFF COST: $112.01 SO ANSWERS, May 13, 2014 RONNR ANDERSON, SHERIFF (c) CountySuite Sherif, Teleosoft, Inc. - 1,6 49 94 3-573 .x136,3-�%/v COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 09 -7082 -Civil Term vs. CIVIL ACTION CORY ADAMS, r Defendant c--' NOTICE OF FILING BANKRUPTCY Please be advised that the above -captioned Defendant, Cory Adams, has filed a voluntary Chapter 7 Bankruptcy Petition on May 9, 2014, in the United States Bankruptcy Court, Middle District of Pennsylvania, Case No. 14-02231. Please stay all further action against the Debtor -Defendant so as to not violate the Automatic Stay contained in 11 U.S.C. Section 362. Respectfully submitted, By: R. Mege, Esquire Atty. I.D. #81288, Attorney for Plainti f PO Box 1426 70 E. Broad St. Bethlehem, PA 18016 (610-) 954-5393