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Home My WebLink About12-1786s COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Main Street Acquisition Corp. Plaintiff v. 1 „ Vi No. 0\ M WILLIAM J FORSYTH SR. ? ? T- , Defendant <r c7 fir` n? - CDC; CJ t C-) T? 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 are served, by entering a written appearance personally or by 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, 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 34 S. Bedford Street Carlisle, Pennsylvania - telephone number 717-249-3166 6'5DOjL?'%Z&-M T? al? Ck?ia33 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Main Street Acquisition Corp. Plaintiff V. WILLIAM J FORSYTH, SR. Defendant No. COMPLAINT Plaintiff, Main Street Acquisition Corp., by and through its counsel, Demetrios H. Tsarouhis, files this Complaint and aver as follows: 1. Plaintiff, Main Street Acquisition Corp.. ("Plaintiff') is a GA business corporation having its corporate offices at P.O. BOX 2529, SUWANEE GA 30024-0000. 2. Defendant, WILLIAM J FORSYTH, SR., is an adult individual resident of Pennsylvania who maintains an address at 99 FFTROW LN, New Cumberland PA 17070-3042. COUNTI BREACH OF CONTRACT 3. At all relevant times herein, Plaintiffs predecessor, HSBC BANK NEVADA NA/Direct Merchants Mastercard, was engaged in the business of extending credit to potential clients. 4. Defendant applied for and received a credit card issued by Plaintiff predecessor with the account number ending in ************4671. 5. Defendant used the credit card with account number ending in * * * * * * * * * * * *4671, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted 2 acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 6. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. Incorporated herein by reference as if set forth herein at length and attached as Exhibit "A" is a true and correct copy of the most recent statement. 7. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 8. The account was charged of on or about 04/30/2010. 9. The instant account was sold by HSBC BANK NEVADA NA/Direct Merchants Mastercard to Main Street Acquisition Corp. for valuable consideration and all rights under said account were assigned to Plaintiff. Incorporated herein by reference as if set forth herein at length and attached as Exhibit "B" is a true and correct copy of the Bill of Sale and Assignment. 10. The principal amount due at the charge off date was $ 3313.52. 11. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6% per annum to the past due balance, which currently totals $0.54 per diem and currently totals $315.97. This amount will increase per day by the per diem amount until the date of judgment. 12. Plaintiff is entitled to have 6% per annum interest charge continue to accrue as set forth above, from the date of the filing of this Complaint until the date of judgment in this matter. 13. The total amount due and owing the Plaintiff including interest, is $3629.49. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $3629.49 due on the account; 3 a) Interest at the per diem rate of $0.54 from the date of filing this Complaint until the date of Judgment; b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. COUNT II ACCOUNTSTATED 14. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 15. The within account was an account in writing and expressly or impliedly accepted by both parties. 16. 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. 17. The account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE. Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $3629.49 due on the account; b) Interest at the per diem rate of $0.54 from the date of filing this Complaint until the date of Judgment; C) Costs of suit; and d) Any other relief as the Court deems just and appropriate. COUNT III UNJUST ENRICHMENT 4 18. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 19. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit described in the exhibits attached hereto. 20. Defendant received and accepted the benefit of said credit provided by Plaintiff. 21. At all times material hereto. Defendant was aware that Plaintiff was providing the aforesaid credit to Defendant and that Plaintiff expected to be paid for such. 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said credit and to incur damages. 23. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said credit without paying Plaintiff fair and reasonable compensation. 24. Allowing Defendant to retain the benefit of said credit without paying fair compensation would be unjust. 25. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the credit described in the exhibits attached hereto in the amount of $3313.52. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $3313.52 due on the account, b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. 5 Respectfully Submitted. KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9th Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: December 1, 2011 6 SUMMARY AccountID Account Provider ;Product Product Type Account Number* Account Original ID# APR 11442879 HSBC Card Services (III) Inc. Direct Merchants Mastercard Credit Card 5458-0015-5214-4671 5458-0015-5214-4671 6.000% Charge off Balance Current Balance Open Date Charge Off Date Last Payment Date Customer Name Report Date 3,313.52 3,612.60 02/20/2007 04/30/2010 09/07/2009 WILLIAM I FORSYTH, SR. 11/18/2011 PERIOD: 04/30/2010 To 04/30/2010 Total Principal Interest Expenses BEGINNING BALANCE 3,313.52 13,313.52 10.00 10.00 Total Principal (Interest 11xpenses ENDING BALANCE 3,313.52 3,313.52 0.00 - 10.00 PERIOD: 05/0 1/2010 To 05/3 1/2010 Total Principal lInterest 1Expenses BEGINNING BALANCE 13,313.52 13,313.52 10.00 0.00 Total Principal l,Interest ? Expenses ENDING BALANCE 3,330.41 13,313.52 116.89 10.00 PERIOD: 06/0 1/2010 To 06/3 0/2010 Total Principal lInterest :',Expenses BEGINNING BALANCE 13,330.41 3,313.52 116,89 10.00 Total Principal l Interest (;;Expenses ENDING BALANCE f 3,346.75 3,313.52 133.23 10.00 PERIOD: 07/0 1/2010 To 07/3 1/2010 Total Principal Interest [4x enses t p BEGINNING BALANCE `3,346.75 13,313,52 133.23 10.00 Total kPrincipal l Interest 1Expenses ENDING BALANCE 3,363.64 13,313.52 150.12 !0.00 PERIOD: 06/01/2010 To 08/3 1/2010 Total Principal I, 'Interest ? Expensed BEGINNING BALANCE 13,363.64 13,313.52 150.12 10.00 Total ! Principal l"Interest 1?'Expenses ENDING BALANCE 3,380.53 3,313.52 67.01 10.00 PERIOD: 09/01/2010 To 09/3 0/2010 Total Principal BEGINNING BALANCE 13,380.53 13,313.52 167.01 10.00 Total i Principal [`Interest i:?ExPenses E ENDING BALANCE 3,396.87 13,313.52 183.35 '0.00 Exhibit " " PERIOD: 10/01/2010 To 10/31/2010 `Total Principal 1Interest Expenses BEGINNING BALANCE 3,396.87 1,313.52 18135 10.00 Total Principal Interest PExpenses ENDING BALANCE 13,413.76 3,313.52 100.24 10.00 PERIOD: 11/0 1/2010 To 11/30/2010 Total Principal 1Interest Expenses BEGINNING BALANCE 3,413.76 3,313.52 100,24 10.00 Total 1 Principal 1Interest 1 Expenses ENDING BALANCE 13,430.10 3,313.52 1116.58 10.00 PERIOD: 12/0 1/2010 To 12/31/2010 Total k,Principal 1', 'Interest 1Expenses BEGINNING BALANCE 13,430.10 13,313.52 1116.58 ;0.00 Total 1?Principal l Interest (,Expenses ENDING BALANCE 13,446.99 13,313.52 1133.47 10.00 PERIOD. 01/0 1/2011 To 01/31/2011 Total Principal Interest NExpenses BEGINNING BALANCE 13,44&99 13,313.52 1133.47 10.00 Total Principal 1,Interest ;Expenses ENDING BALANCE ( 3,463.88 3,313.52 150.36 10.00 PERIOD: 02/0 1/2011 To 02/28/2011 ;Total 1 Principal 1Interest Expenses BEGINNING BALANCE 3,463.88 13,313.52 1150.36 10.00 Total Principal 1`Interest kExpenses 1 ENDING BALANCE 13,479.13 13,313.52 1165.61 10.00 PERIOD: 03/0 1/2011 To 03/31/2011 1 Total 1;Principal [Interest OExpenses 1 BEGINNING BALANCE 3,479.13 3,313.52 165.61 0.00 Total Principal linterest 1jExpenses 1 ENDING BALANCE 13,496.02 13,313.52 1182.50 10100 PERIOD: 04/01/2011 To 04/30/2011 Total [Principal 1fInterest 1Expenses 1 BEGINNING BALANCE 3,496.02 3,313.52 182.50 10.00 sTotaI Principal !-Interest 1 Expenses 1 ENDING BALANCE 13,512.36 13,31152 1198.84 10.00 PERIOD: 05/01/2011 To 05/31/ 2011 1 Total' ? Principal f interest l"Expenses BEGINNING BALANCE 13,512.36 13,313.52 1198.84 10.00 Total Principal Interest Expenses ENDING BALANCE 3,529.25 3,313.52 1215.73 f 0.00 PERIOD: 06/0 1/2011 To 06/30/2011 Total Principal Interest .Expenses BEGINNING BALANCE 3,529.25- ??',313.52 215.73 0.00 Total (sPrincipal 'Interest 1 Expenses ENDING BALANCE `3,545.59 3,313.52 12332.07 0.00 PERIOD: 07/0 1/2011 To 07/31/2011 Total Principal lInterest =Expenses BEGINNING BALANCE 13,545,59 13,313.52 1232.07 0.00 Total (Principal ';Interest 1"Expenses ENDING BALANCE 13,562.48 13,313.52 1248:96 0.00 PERIOD: 08/0 1/2011 To 08/31/2011 Total Principal KInterest Expenses BEGINNING BALANCE 13,562.48 3,31152 1248.96 1000 Total Principal [Interest 'Expenses 1 ENDING BALANCE 3,579.37 13,313.52 1265.85 10.00 PERIOD: 09/01/2011 To 09/30/2011 Total "Principal k'Interest 1tExpenses BEGINNING BALANCE 13,579.37 13,313.52 1265.85 !0,00 Total l:Principal [Interest kExpenses' 1 ENDING BALANCE 13,595.71 13,313.52 282.19 10.00 PERIOD: 10/01/2011 To 10/31/2011 Total ? Principal 11slnterest "Expenses BEGINNING BALANCE 3,595.71 13,313.52 282.19 f 0.00 Total ;Principal ?Intereat Expenses ENDING BALANCE 13,612.60 13,313.52 1299.08 0.00 131 LL OF SALE HSBC CARD SERVICES (111) INC. ("Seiler'), for value received and pursuant to the tenns and conditions of the Receivables Purchase Agreement (".Agreement'") dated February 20, 2009 between Seller and Main Street Acnuisitio s Copp-("Purchaser"), dais hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain purchased receivables listed on the Sale File attached as F,xhibit A, without recourse and without representation ot, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 26'h day of May, 2010. HSBC CARD SERVICES (III) INC. By... - Name: Susan S lom n Title: Vice President-Assistant Secretary Exhibits p VERIFICATION I, Demetrios H. Tsarouhis, Esquire, verify that the statements contained in the aforementioned COMPLAINT are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. By: Demetrios H. Tsarouhis, Esquire Date: December 1, 2011 7