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HomeMy WebLinkAbout09-8079IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19884 VS. STEPHEN L KRAFT 76 COLD SPRINGS RD CARLISLE PA 17015-9113 CIVIL ACTION Plaintiff : NO: Oq -gb-?? ?l U L ?,??clZ-r"L 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 a , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD CIVIL ACTION NEWARK, DE 19884 : Plaintiff vs. NO: O 4- ?d 9 T&? STEPHEN L KRAFT 76 COLD SPRINGS RD CARLISLE PA 17015-9113 Defendant : COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA CARD SERVICES, N.A. , (hereinafter "Plaintiff") is a corporation with a principal place of business located at 655 PAPERMILL ROAD NEWARK, DE 19884. 2. The Defendant STEPHEN L KRAFT (hereinafter "Defendant") is an adult individual residing at 76 COLD SPRINGS RD CARLISLE PA 17015-9113. 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 FIA CARD SERVICES, N.A. with the account number 74974999139378. 5. Use of the FIA CARD SERVICES, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account number74974999139378, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The account became delinquent May 31, 2008. 10. The total amount due and owing the Plaintiff including interest, is $21,526.92. 11. 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 $21,526.92 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully submitted, l Edwin A. Abraha n &- Assoc. Michael F. Ratc rd, Esquire Heather K. W ruff, Esquire Attorney I. . os.: 86285/207805 120 North yser Ave. Scranton A 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $21,526.92 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully Edwin A. Abraham*Ff & Assoc. Michael F. Ratc ?d, Esquire Attorney I.D©Yos.: 86285/21? 120 North Kevser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , 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. EDWIN A. ABRAHAMSEN MICHAEL F. RATCHFORD HEATHER K. WOODRUFF* *A Vcto6erEl8, 2009 R Cumberland County Sheriffs 1 Court House Sq. Carlisle, PA 17013 94 THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW.EAA-LAW.COM Re: FIA CARD SERVICES, N.A. vs. STEPHEN L KRAFT Our file Nos.: N09-0923 Dear Sheriff: In regard to the above-noted matter, enclosed please find the following: 1. A true and correct copy of the Complaint; 2. The completed form for service; 3. A check for service; 4. A self-addressed return envelope for the return of service. Please serve the named defendant in accordance with the County Rules of Civil Procedure. If you should have any questions or concerns, please do not hesitate to call me at (570) 558-5510. The defendants address is : STEPHEN L KRAFT 76 COLD SPRINGS RD CARLISLE PA 17015-9113 Thank you for vour attention to this matter. Enclosures mfr/MR 1 20 NORTH KEYSER AVENUE 0 SCRANTON, PA 1 8504 0 (P) 570.558.551 0 0 (F) 570.55B.551 1 Reaues for Service R. Thomas Kline, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Pb: 717.240.6390 Fx:717.2-40.6397 Plaintiff/s: Court Number: Expiration Bate: Type of Action: Defendant/s: Serve Upon: Address for Service: `\S\ ? State 11 Alternate Address for for * -• . Service: State , Type of Service: r Adult in Charge (- Personal F- Deputize I- Certified Mail J- Posting "Copy of Court Order Required with Posting- Special Service Instructions: *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: EDWIN A ABRAHAMSEN & ASSOCIATES, P.C. Address: EMIRE 120 NORTH KEYSER AVENUE SCRANTON, PA 18504 ? (510) 558-5510 (570)553-5511=tPA State Phone Number: Request for Military Status Department of Defense Manpower Data Center 3 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-19-2009 07:17:08 Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency KRAFT STEPHEN Based on the information you have furnished, the DMDC does not possess L any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). fiwyl 14. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/19/2009 bequest for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:F49GQDA2JO https://www.dmdc.osd.mil/appj/scra/popreport.do 11/19/2009 Q?;: FILED--Of:GE OF THE F""ll' ' NARY 2009 NOY 20 Ph 12: J8 rr '1`??.L1"1it ?yB.sv?d ?1y 2?- a 3 3407 ■ Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff .. Morris Scott Attorney I.D. #83587 ":r THE ,3.-,D ,1-lc Syretta Martin Attorney I.D. #309370 I O rit$O / w , 1835 Market Street, Suite 501 [ ' � Philadelphia, PA 19103 DEC 2Q u 1. 6 PBN Rt,AND COUIV FIA CARD SERVICES,N.A. IN THE COURT OF COMMON PLEA'SYLVANIA T ' c/o Blatt, Hasenmiller, Leibsker& Moore, LLC Plaintiff, CUMBERLAND COUNTY, PA vs. CIVIL ACTION No. 09-8079 CIVIL TERM STEPHEN L KRAFT Defendant(s). PRAECI PE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Kindly ENTER the appearances of Morris A. Scott, Esquire (ID#83587) and Syretta J. Martin, Esquire(ID#309370) in the above captioned matter on behalf of the Plaintiff. Papers may be served at the address of Blatt, Hasenmiller, Leibsker& Moore, LLC, at 1835 Market Street, Suite 501, Philadelphia, PA 19103, (Tel) 215-564-1567. " p Respectfully s Adk Morr Scott, Esquir• ,,, I #83587 Syretta '!. in, Esquire (ID#309370),/' Kindly WITHDRAW the appearances of ABRAHAMSEN &ASSC, P.C. in the above captioned matter on behalf of the Plaintiff. Res ,ctfull sub itted, i / AB' ■ • :4'7 SEN & ■ SC, P.0 CERTIFICATE OF SERVICE I, as attorney filing the attached pleading, hereby certify that I mailer an exact copy of the Praecipe to Substitute Counsel, to the party(ies) below at the address indi rated by U.S. Mail first class postage prepaid. STEPHEN L KRAFT 76 COLD SPRINGS RD oilip CARLISLE PA 17015-9113 12'ill, Morris Scott, Esquire (ID#83587) Date Syretta Martin, Esquire (ID#309370) OMTNHPSC (11/14/2013) 2886332 1111111111111111111 1111 11111111 111111111111111 III N 1 11111 I I I 1 111111111