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Home My WebLink About09-7166IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NCO FINANCIAL SYSTEMS ASSG OF BANK OF AMERICA 507 Prudential Road Horsham, PA 19044 : CIVIL ACTION Plaintiff VS. NO: 0? - 71(olp l?tv i l (P?f1M ANNIE A KROL-KNIGHT 71 SHERWOOD CIR ENOLA PA 17025 Defendant : NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NCO FINANCIAL SYSTEMS ASSG OF BANK OF AMERICA CIVIL ACTION 507 Prudential Road Horsham, PA 19044 Plaintiff VS. NO: D 9- '1 4 4 1.1 cJc? 'Tr ANNIE A KROL-KNIGHT 71 SHERWOOD CIR : ENOLA PA 17025 Defendant COMPLAINT Plaintiff, NCO FINANCIAL SYSTEMS ASSG OF BANK OF AMERICA, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, NCO FINANCIAL SYSTEMS ASSG OF BANK OF AMERICA, (hereinafter "Plaintiff") is a Pennsylvania corporation with a principal place of business located at 507 Prudential Road Horsham, PA 19044 2. The Defendant ANNIE A KROL-KNIGHT (hereinafter "Defendant") is an adult individual residing at 71 SHERWOOD CIR ENOLA PA 17025. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by BANK OF AMERICA with the account number 4800113083835558. 5. The within account was sold by BANK OF AMERICA to NCO FINANCIAL SYSTEMS, INC for valuable consideration and all rights under said accounts were assigned to NCO FINANCIAL SYSTEMS, INC. 6. Use of the BANK OF AMERICA credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. 7. Defendant used the BANK OF AMERICA credit card account number4800113083835558, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent February 28, 2007. 11. The principal amount was $6,141.34 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 32.24. 13. The total amount due and owing the Plaintiff including interest, is $10,689.91. 14. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $10,689.91 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrah en & Assoc. Michael F. Ratc rd, Esquire Heather K. W druff, Esquire Attorney I. os.: 86285/207805 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, NCO FINANCIAL SYSTEMS ASSG OF BANK OF AMERICA, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. Michael F. Rat rd, Esquire 0 r?C T{rE P T , ".107;RY 2009 OCT 20 Pil ! *. 55 4118 . So Pa AMN ee. i(oq4 W* c23aa-74 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ????tt4? at 4;aitrf?rr?,, d OF TW TAW 2*9 OCT 26 AN 10: 34 NCO Financial Systems, Inc. vs. Annie A. Krol Knight Case Number 2009-7166 SHERIFF'S RETURN OF SERVICE 10/21/2009 05:30 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Annie A. Krol Knight, by making known unto Annie A. Krol Knight personally, at 71 Sherwood Circle, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWEf"jS, /^ tt33 ? October 22, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff I Complaint in Civil Action Docket No. 09-7166 NCO FINANCIAL SYSTEMS ASSG OF BANK OF AMERICA 507 Prudential Road Horsham, PA 19044 vs Annie A. Krol-knight 1nswQ? 71 Sherwood Circle Enola, PA 17025 1. Plaintiff, NCO FINANCIAL SYSTEMS ASSG OD BANK OF AMERICA, (hereinafter "Plaintiff' is a Pennsyvania corpration with a principal place of business located at 507 Prudential Road, Horsham, PA 19044 True 2. The Defendant Annie A. Krol-knight (hereinafter "Defendant") is an adult individual residing at 71 Sherwood Circle, Enola, PA 17025 True 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. Can only assume true 4. Defendant applied for and received a credit card issued by BANK OF AMERICA with the account number 4800113083835558. Denied Card initially applied for was through Bank of America with an entirely different account number. 5. The within account was sold by BANK OF AMERICA to NCO FINANCIAL SYSTEMS, INC for valuable consideration and all rights under said accounts were assigned to NCO FINANCAL SYSTEMS, INC. Can only assume this is true This does raise some doubt 6. Use of the BANK OF AMERICA credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the defendant along with the credit card. Denied Original card was under contract with Bank of America for a different account number, validity of above stated account is in question - perhaps other peoples balances were combined into this account 7. Defendant used the BASNK OF AMERICA credit card account number 4800113083835558, for purchases, cash advances and/or balance transfers. Denied Again, contract was under another account number, ending in 3884 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. Denied Have not received any statements in a long period of time 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. True in part, false in par Have made payments for quite some time but then disabilities became a factor and income was reduced 10. The account became delinquent on February 28, 2007. Denied Records indicated that payments may have been paid later than that 11. The amount due and owing was $ 6,141.34 at the time it was received by Plaintiff. Denied My records reflect a balance was much lower that stated amount by approximately 3,228.50 for another account number 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 32.24 Denied Interest rate seems highly exaggerated 13. The total amount due and owing the Plaintiff including interest is $ 10,689.91. Denied Since account switched hands a few times am not sure of accounting accuracy This is also in another case as marital debt 14. Pursuant to the terms of the Agreement, Defendant is liable to the Plaintiff for court costs and reasonable attorney's fees. Denied Have not been contacted by phone or in the form of statements Cannot believe a creditor would be that insensitive to harass a disabled person with limited means of income or force her to chose between shelter, food, and medications vs a credit card balance (my disabilities were not in any way intentional on my part as I was the innocent victim of MVA's) Verification The undersigned, Annie A. Krol-knight, hereby states that she is the dependant in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of her knowledge, information and belief. There is a debt owed but not that large of a sum \ ? f Date: November 10, 2009 Annie A. Krol-knight 71 Sherwood Circle Enola, PA 17025 F -OETr OF THE FFOWNOTA 3Y 1009 NOV 19 AM 8: 3 9 CUME1 -?1? wt: {.:-,SUN lY PEi `JI vS Y LVA, !A