Loading...
HomeMy WebLinkAbout12-2624COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL , 'y r v) SYSTEMS, INC. e(vi Plaintiff No. Civil Term '? r r vs. f-- CIVIL ACTION ,r Xr JAMES JAKOB, = c... ' Defendant 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, Es q/ 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 5 Cl( # t s? 1? # Q7 z/(//-? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. : Plaintiff No. Civil Term VS. CIVIL ACTION JAMES JAKOB, Defendant COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 245 Main Street, Dickson City, PA 18519. 2. The Defendant is James Jakob ("Jakob"), an individual with an address of 11 Old Depot Rd., New Cumberland, PA 17070. Count I - Breach of Contract 3. Defendant requested a credit card from Citibank. 4. On March 28, 2002, Citibank 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 Citibank issued Universal credit card account number 5491-1303-6921-1834 for purchases, cash advances, and/or balance transfers. 7. Defendant was mailed account statements relative to Defendant's use of the Citibank issued Universal 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 in the amount of $100.00 was received and credited on March 17, 2011. 10. The within account was sold by Citibank (South Dakota), National Association to Unifund Portfolio A. LLC ("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, Assignment And Assumption Agreement 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 October 7, 2011, the balance due and owing to Plaintiff from Defendant was $20,312.14. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $20,312.14 plus costs and interest at the rate of 30.49% per annum from October 7, 2011 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 $20,312.14 plus costs and interest at the rate of 30.49% per annum from October 7, 2011 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. 3 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 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 $20,312.14 plus costs and interest from October 7, 2011. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $20,312.14 plus costs and interest at the rate of 30.49% per annum from October 7, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. By:_ Al ege, Esquire tty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 UN?webal (',and Cardmember Agreement , This Agreement and the card carrier are your Cardmember Agreement. The card carrier contains important account information, including the annual percentage rate and the amount of any membership fee. Please read and keep the card carrier and this Agreement for your records. This Agreement is binding on you unless you can- cel your account within 30 days after receiving the card and you have not used or authorized use of your account. To simplify the rest of this Agreement for you, the following definitions will apply. The words you, your, and yours mean the person(s) responsible for this Agreement, to whom we direct the billing statement. The word card means one or more cards which we have issued with your account number. The words we, us, and our mean Universal Bank, N.A., a Citibank affiliate and a member of the Citigroup family of companies. The words authorized user mean any person to whom you give permis- sion to use your account. The words convenience checks and balance transfer checks mean one or more checks that we may provide to access your account. The words designated telephone number mean the telephone number to which your Dial-I service is billed, which may or may not be your home telephone number. The words calling transactions mean the calling card calls you make with your card and AT&T services you requested to have billed in detail on your billing statement. Calling transactions also include AT&T WorldNet Services which you requested be combine billed on your billing statement rather than charged as a purchase on your account. The words AT&T services include, but are not limited to, the following: AT&T Residential Long Distance, AT&T Local, and AT&T Wireless Services. Using Your Account and Your Credit Line: The card must be signed to be used. Your initial credit line appears on the card car- rier containing the card. A portion of your credit line, called the cash advance limit, is available for cash advances. At our discretion and at any time, we may change your credit line or cash advance limit' We will notify you if we do, either by mail or through a billing statement sent either before or after the change takes effect You may request a change to your credit line or cash advance limit by contacting Customer Service by telephone or mail. You can use your account and your card for personal, family or household purposes only. The full amount of your credit line is available to buy or lease goods or ser- vices wherever the card is honored and to make calling transactions. Your cash advance limit is available for cash through any bank or automated teller machine that accepts the card or by using convenience checks. The total amount charged on your account, includin&purchases, balance transfers, cash advances, finance charges, fees, or other charges, plus your calling transactions, must always remain below Ifur cred- it line. However, if that total amount exceeds your credit line you must still pay us. If this is a joint account, each of you, together and individually, is responsible for all amounts owed, even if the account is used by only one of you. You will continue to be liable for the entire balance of your account, even if your co-applicant is ordered by a court to pay us. If a court orders your co-applicant to pay all or a portion of your account balance, you will remain liable to us if your co-applicant fails to pay as ordered by the court, and your account status will continue to be reported to the credit bureau under your name. VCS UQ- 5 Calling Transactions. You can use your card to make local, AT&T Long Distance and AT&T International Calls (calling card calls). The dialing instructions are on the back of the card. Calling transactions are separately identified in the "Call Details" section of your monthly statement All calling transactions are due and payable in full by the payment due date on the monthly statement in which they are billed. Refer to the AT&T Calling Card Terms and Conditions section of this Agreement for more information. For additional information about AT&T services, please refer to any materials you have received from AT&T Corp. Additional Cards: You may request additional cards on your account for yourself or others and you may permit another person to have access to the card or account number. However, if you do, you must pay us for all charges made by those persons, including charges for which you may not have intended to be responsible. You must notify us to revoke permission for any person you previously authorized to use your account If you tell us to revoke another person's use of your account, we may close the account and issue a new card or cards with a different account number. You are responsible for the use of each card issued on your account according to the terms of this Agreement Membership Fee: The card carrier containing the card indicates whether your account is subject to a membership fee. If it is, the fee is added to the purchase balance and is non-refund- able unless you notify us to cancel your account within 30 days from the mailing date of the billing statement on which the fee is billed. Billing: Your billing statement shows the balance, any finance charges, fees, the minimum payment, and the payment due date. It also shows your current credit line and cash advance limit; an itemized list of current charges, convenience checks, payments and credits; a summary showing separately the new purchases and new cash advances, finance charges assessed, and other important information. If you default under this Agreement, we may, in our sole discretion, stop sending you billing statements if we deem your account uncollectible or if we institute delinquency collection proceedings by sending it to an outside collection agency or attorney foi' collection. You must notify us of a change in your address by contacting Customer Service by telephone or mail. We will mail or deliver the billing statement to only one mailing address. °' How We Determine the Balance: The total outstanding balance (the amount you owe us) appears as the "New Balance" on the billing statement To determine the New Balance, we begin with the outstanding balance on your account at the beginning of each billing period, called the "Previous Balance" on the billing statement We add any purchases, cash advances, and new calling transactions, and subtract any payments and credits that we receive. We then add the appropriate finance charges and fees and make other applicable adjustments. 2 ) cs Annual Percentage Rate for Purchases: Your annual percentage rate for purchases and the corresponding daily periodic rate appear on the card carrier. A daily periodic rate is the applicable annual percentage rate divided by 365. Whether or not the annual percentage rate for purchases is based on the U.S. Prime Rate plus a margin is indicated on the card carrier. Please see the section entitled "Variable Annual Percentage Rates for Purchases and Cash Advances" for details relating to how this rate may change. Annual Percentage Rate for Cash Advances: Your ANNUAL PERCENTAGE RATE for cash advances is 19.99%, which corresponds to a daily periodic rate of 0.0548%. The daily periodic rate is the cash advance annual percentage rate divided by 365. Please see the section entitled Variable Annual Percentage Rates for Purchases and Cash Advances for details relat- ing to how this rate may change if you default under any Cardmember Agreement Variable Annual Percentage Rates for Purchases and Cash Advances: If the annual percentage rate for purchases is based on the U.S. Prime Rate plus a margin, we will calculate the rate by adding the margin that appears on the card carrier to the US. Prime Rate published in The Wall Streetfournal on the last business day of each month. If more than one U.S. Prime Rate is published, we may choose the highest rate. If The Wall Street journal ceases publication or to publish the U.S. Prime Rate, we may use the U.S. Prime Rate published in any other newspaper of general circulation, or we may substitute a similar reference rate at our sole discre- tion. Each time the annual percentage rate changes, we will apply it to any existing balances, subject to any promotional rate that may apply. In addition, the annual percentage rate for purchases and cash advances may vary if you default under any Cardmember Agreement because you fail to make a payment to us or any other creditor when due, you exceed your credit line, or you make a payment to us that Is not honored by your bank. In such circumstances, we may increase the ANNUAL PERCENTAGE RATE (including any promotional rate) on all balances to a higher rate of up to 23.99%. Factors considered in determining this higher rate may include the length of time the account has been open, the exis- tence, seriousness, and timing of Cardmember Agreement defaults, and other indica- tions of account usage and performance. Your account may again become eligible for a lower annual percentage rate on new purchases, new cash advances, or both after you have met the terms of all Cardmember Agreements for six months. Your exist- ing balances will remain subject to the higher rate until they are paid in full. Any increase or decrease in a variable annual percentage rate takes effect on the first day of the billing period directly following the month in which we calculate the rate. The annual percentage rate in effect and any subsequent changes to it will appear on the billing statement An increase in the variable annual percentage rate means you will pay a higher finance charge and perhaps a higher minimum payment Promotional Rate Offers: At our discretion, we may offer you a promotional annual percentage rate for all or a part of the purchase and/or cash advance balances. The period of time for which the promotional rate applies may be limited. Any promotional rate, the corresponding periodic rates, and the period of time during which it is in effect will appear on the card carrier. We may also offer you a promotional annual percentage rate to r v C--S encourage specific transactions, such as transferring balances from accounts you have with other creditors. Any promotional rate offer will be subject to the terms of the offer and this Agreement Transaction Fee for Balance Transfers. For each balance you transfer from any creditor by means other than a convenience check, we add an additional FINANCE CHARGE of 3.0% of the amount of the balance transfer, but not less than $ 10 or more than $29. This fee will be added to the purchase balance. The balance transfer fee may cause the annual percentage rate on the billing statement on which the balance transfer first appears to exceed the nominal annual percentage rate. Finance Charges: Finance charges will begin to accrue from the date of the transaction for purchases and continue to accrue until payment in full is credited to your account However, if you paid the total New Balance listed on the last billing statement by the payment due date on that statement, you will have until the payment due date on your cur- rent statement to pay your total New Balance to avoid imposition of finance charges on purchases. For cash advances and balance transfers, finance charges will begin to accrue from the date of the transaction and continue to accrue until payment in full is credited to your account No finance charge is imposed on calling transactions in the billing period in which they are posted to your account Any calling transaction that is not paid by the payment due date on the monthly statement in which it is billed is added to your daily balance for purchases on the first day of the next billing period and finance charges will begin to accrue on that day. We will calculate finance charges as follows: • We figure a portion of the finance charge on your account by multiplying the daily balance for purchases (which includes balances you transfer from any credi- tor by means other than a convenience check) and the daily balance for cash advances by the applicable daily periodic rate and adding together any such finance charges for purchases and separately adding together any such finance charges for cash advances for each day in the billing period. • For finance charge calculation purposes, the billing period begins on the day after the closing date of the previous billing period and includes the closing date of the current billing period. The number of days In the billing period may vary. • To calculate the daily balances„we take the beginning balance for purchases (which includes any unpaid calling transactions from prior billing periods) and the beginning balance for cash advances each day, add any new transactions (not Including new calling transactions), fees, any finance charge on the previous day's balance, subtract any payments or credits, and make other adjustments. Unless we elect to use a later date, we add a new purchase to the purchase balance as of the date of the purchase and a new cash advance to the cash advance balance on the date of the advance. A credit balance is treated as a balance of zero. The balances subject to finance charge for purchases and for cash advances on the billing statement are each the average of the respective daily balances during the billing period. If you multiply these figures by the number of days in the billing period and by the applicable daily periodic rates, the results will be the finance charges assessed, except for minor variations caused by rounding. l v 5.. 1 • If the balance for purchases or for cash advances is subject to more than one rate (for example, because of purchases or cash advances made during a promo- tional rate offer), we will separately calculate each balance subject to each differ- ent finance charge and the resulting finance charge in the same manner as described above. Cash Advances and Transaction Fee: You have obtained a cash advance if you obtain funds from an automated teller machine (ATM); through a convenience check, through home banking, or through a financial institution; make a wire transfer, acquire a money order, traveler's check, lottery ticket, betting or casino chip, or similar item; or engage in another similar transaction. For each cash advance, we add an additional FINANCE CHARGE of 3.0% of the advance, but not less than $10. This fee will be added to the cash advance balance. (The amount of the cash advance may include a surcharge that the ATM owner imposes.) The cash advance transaction fee may cause the annual per- centage rate on the billing statement on which the cash advance first appears to exceed the nominal annual percentage rate. Minimum Finance Charge: If finance charges based on periodic rates are being added to your account, but the total of such finance charges for purchases and cash advances is less than $30, we assess a minimum FINANCE CHARGE, based on periodic rates, of $30. We add the amount to the purchase balance, unless the finance charge applicable to the pur- chase balance is zero, in which case we add the amount to the cash advance balance, Credit Balance: You may not maintain a credit balance on your account in excess of your assigned credit line. We will return to you any credit amount over $1.00 if the amount has been on your account longer than three months. You may request a refund of a credit balance at any time. We may reduce the amount of any credit balance by the amount of new charges billed to your account, Transactions Made in Foreign Currencies: If a transaction is made in a foreign currency, we and Visa International or MasterCard International, depending on which card is used, will convert the transac- don into a U.S. dollar amount Visa and MasterCard will act in accordance with their operating regulations or conversion procedures in effect at the time the trans- action is processed. Currently, their regulations and procedures provide that the currency conversion rate they use is either (1) a wholesale market rate or (2) a gov- ernment-mandated rate in effect one day prior to the processing date. Both Visa and MasterCard increase this conversion rate by one percent and keep this increase. We increase the conversion rate provided to us by Visa or MasterCard by two per- cent and keep this increase. The currency conversion rate calculated in this manner that is in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Minimum Amount Due: Each month you must pay a minimum amount that is the total of three figures. The first is any previous amount that is past due plus any amount in excess of your credit I line. The second is the sum of all calling transactions posted to your account in the s ? I?. UQS billing period. The third is the greater of the amount of your billed finance charges or one of the following • The New Balance on the billing statement if it is less than $20, or • $20, if the New Balance is at least $20 and not greater than $960, or • If the New Balance exceeds $960, 1148 of the New Balance (rounded down to the nearest dollar). You must pay at least the minimum amount by the payment due date, but you may pay more at any time without a penalty, We will allocate payments to amounts owed on your account at our discretion. This includes, but is not limited to, applying payments to promotional balances, such as balances you transfer from credi- tors, before we apply such payments to your purchase or cash advance balances. If you pay more than the minimum, we will allocate the excess amount to the purchase or cash advance balance at our discretion. The sooner you pay the New Balance, the less you will pay in finance charges. We may also allow you to skip a payment If we do, we will notify you. If you choose to skip a payment when offered, we will continue to assess finance charges. Payments: Instructions for making payments are on your billing statement Do not send cash payments. We can accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without losing any of our rights under this Agreement There may be a delay of up to five days in crediting a payment if it is received at an address other than the address provided on the billing statement or if the payment is not made in accordance with any of our other instrvc- dons. You agree to pay us in U.S. dollars drawn on funds on deposit in the United States using a payment check, similar instrument, or automatic debit that will be processed and honored by your bank. We reserve the right to accept payments made in foreign currency. If we do, we will select the currency conversion rate at our discretion. Over-the-Credit-Line Fee: We will add a $29 fee to the purchase balance for each billing period that the New Balance exceeds your credit line. Late Fee: We will add a $29 fee to the purchase balance for each billing period you fail to make the minimum payment by its due date. ; Returned Payment Fee: We will add a $29 fee to the purchase balance when a payment check or similar instrument is not honored, when we must return it because it cannot be processed, or when an automatic debit is returned unpaid. At our option, we will assess this fee the first time your check or payment is not honored, even if it is honored upon resubmission. Convenience Checks: Convenience checks maybe used to purchase goods and services or to obtain cash up to the amount of your available cash advance limit unless that amount will cause the balance to exceed your credit line. We will treat convenience checks as a cash advance and charge them against your cash advance limit Each convenience check must be in the form we have issued and must be used according to any instruc- tions we give you. Convenience checks may be used only by the person whose name is printed on them. Convenience checks may not be used to pay any amount owed to us under this or any other Cardmember Agreement We will not certify any convenience checks, nor will we return paid convenience checks. Returned Convenience Check Fee: We will add a $29 fee to the cash advance balance 9 we decline to honor a conve- nience check. We may decline to honor such checks if, for example, the amount of the check would cause the balance to exceed your cash advance limit or credit line, if you default, if you did not comply with our instructions regarding the check, if your account has been closed, or if the card has expired. Stop Payment Fee: We will add a $29 fee to the cash advance balance when payment of a conve- nience check is stopped at your request You may stop payment on convenience checks which we issue to you on or after May 4, 2000, by notifying us in writing at P.O. box 6500, Sioux Fogs, South Dakota 57117, or by calling us at the telephone number listed on the billing statement You may not stop payment on a check which we issue to you prior to May 4, 2000 unless you call us prior to May 4, 2000. If you call, you must confirm the call in writing within 14 days. A written stop payment order will remain in effect for six months unless renewed in writing. Once a charge is made through the use of the card or account number we cannot "stop payment" on the charge. If there is a dispute involving a charge on your account, please refer to the section entitled "What To Do If There's An Error In Your Bill" Lost or Stolen Cards, Account Numbers, or Convenience and Balance Transfer Checks: If any card, account number or check is lost or stolen or if you think someone used or may use them without your permission, notify us at once by calling the telephone number shown on the billing statement or 1-800-423-4343. We may require you to provide certain information in writing to help us find out what hap-, pened, and to comply with such procedures as we may require in connection with our.investigation. Don't use the card, account number, or any checks after we've been notified, even if they are found or returned. You may be liable for unautho- rized use of the account, but not for rdore than $50. You won't be liable for unauthorized purchases, cash advances or calling card calls made after we've been notified of the loss or the theft; however, you must identify for us the charges on the billing statement that were not made by you, or someone authorized by you, and from which you received no benefit Default You default under this Agreement if you fail to pay the minimum payment listed on each billing statement when due, fail to make a payment to any other creditor when due, file for bankruptcy; exceed your credit line, pay by a check or similar instrument that is not honored or that we must return because it cannot be processed, pay by automatic debit that is returned unpaid, or default on any other Cardmember Agreement If you default, we may close your account and demand immediate oavment of the full balance. ucs Preauthorized Charges: If you default, if the card is lost or stolen, or we change your account or account number for any reason, we may suspend automatic charges on that account to third-party vendors for insurance premiums or other goods or services. If preauthorized charges are suspended, you must contact the third-party vendor to reinstate them. You are responsible for making direct payment for such charges until you reinstate automatic charges. Collection Costs: If we refer collection of your account to a lawyer who is not our salaried employee, you will be liable for any reasonable attorney's fees we incur, plus the costs and expenses of any legal action, to the extent permitted by law. Customer Privacy: We will safeguard, according to strict standards of security and confidentiality, any information you share with us, We will limit the collection and use of any such information to the minimum we require in order to deliver you superior service, which includes advising you about our products, services, and other opportunities, and to administer our business. We will permit only authorized employees, who are trained in the proper handling of customer information, to have access to your information. Whenever we hire other organizations to provide support ser- vices, we will require them to conform to our privacy standards and to allow us to audit them for compliance. We will always maintain control over the confidentiality of your information. We will, however, facilitate relevant marketing and promotional offers from reputable companies that meet your needs. These companies are not permitted to retain any of your information unless you have specifically expressed interest in their products or services. If you do not want to receive these offers, write or call us at the address or telephone number listed on the billing statement Be sure to include your name, address, and account number. We will remind you at least once each year of your right to be excluded from these offers. We may report your performance under this Agreement to credit reporting agencies, including your failure to make minimum payments on time. If you request additional cards on your account for others, you understand that we may report account information in your name as well as in the names of those other ••? people. We may also obtain follow-up credit reports on you (for example, when we review your account for a credit line increase). If you wish to know the names of the agencies we have contacted, write us at the address listed on the billing statement We will try to notify you by telephone or by mail of any legal process served on us in order to give you an opportunity to object to it, unless the law prohibits the notice. Except as set forth in this Agreement and except for reports to credit reporting agencies, information we are permitted to share with our affiliates, and informa- tion we share in connection with collection of your account, no one else will be given information about your account without your knowledge, authorization or proper legal authority. } F 8 - rr-+ Sharing Customer Information Among Our Affiliates: To alert you to special offers and provide you with products and services that are tai- lored specifically to you, our affiliates share information about you on a confidential basis. Cur affiliates are permitted by law to share any information about their transactions or experiences with you. Other information you provide to us or that we obtain from third parties (for example, credit bureaus) will not be shared if you notify us that you do not want such information shared among our affiliates. You may notify us in writing of your instruction at any time. Please send your name and address (as it appears on your account statement), along with your account type, account number and Social Security number to Citibank Processing Center at CN 3178, Mail Stop UCS, South Hackensack, N) 07606. We ask that you mail your instruction in a stamped envelope that does not include any other correspondence. If you have already told us that you do not want such other information shared, your instruction remains in effect. You do not need to notify us again. , If you are also a customer of other Citigroup companies (such as Commercial Credit, Travelers Property Casualty, Travelers Life & Annuity, Salomon Smith Barney and Primerica Financial Services) and you receive a notice of their intent to share certain information about you with their affiliates, you will need to separately notify them if you do not want such information shared. . Telephone Monitoring and Recording: From time to time we may monitor and record your telephone calls regarding your account with us to assure the quality of our service. Correcting Your Credit Report If you think we reported erroneous information to a credit reporting agency, write us at the address listed on the billing statement We will promptly investigate the mat- ter and if our investigation shows you are right, we will contact each credit reporting agency to whom we reported and will request they correct the report. If we dis- agree with you after our investigation, we will tell you in writing or by telephone and instruct you how to submit a statement of your position to those agencies. Your statement will become a part of your credit record with them. Closing Your Account: You may close your account at any time by notifying us in writing. However, you remain responsible to pay the balance according to the terms of this Agreement We may close your account or suspend your account privileges at any time for any reason without prior notice. We may also reissue a different card, account number, or dif- ferent checks at any time. You"must return the card or the checks to us upon request If this is a joint account, either of you may request that the account be closed and we will honor that request without us having any liability to either of you. Refusal of the Card: 1 We are not responsible if a transaction on your account is not approved, either by us or by a third parry, even if you have sufficient credit available. We may limit the num- ber of transactions which may be approved in one day. If we detect unusual or suspi- cious activity on your account, we may temporarily suspend your credit privileges .K until we can verify the activity. We may approve transactions which cause the bal- ance to exceed your credit line without waiving any of our rights under this Agreement Changing this Agreement. We can change this Agreement, including all fees and the annual percentage rate, at any time. However, if the change will cause a fee, rate or minimum payment to increase, we will mail you written notice at leasc 15 days before the beginning of the billing period in which the change becomes effective. If you do not agree to the change, you must notify us in writing within 25 days after the effective date of the change and pay us the balance, either at once or under the terms of the unchanged Agreement Otherwise, the change in the notice is binding on you. Unless we noti- fy you otherwise, use of the card after the effective date of the change shall be deemed acceptance of the new terms, even if the 25 days have not expired. Enforcing this Agreement: We can delay in enforcing or fail to enforce any of our rights under this Agreement without losing them. Assignment: We reserve the right to assign any or all of our rights and obligations under this Agreement to a third parry. AT&T Calling Transactions Terms and Conditions. • In these AT&T Calling Card Terms and Conditions, the term AT&T Calling Card refers to the Calling Card function of your card. The words "you;' "your"and "yours" mean each individual who applies for the card account • You agree to pay for all charges incurred with the AT&T Calling Card and to comply with the other terms set forth herein. • The AT&T Calling Card is not transferable. You may authorize others to use the AT&T Calling Card, but the responsibility of payment for the charges 1 incurred will remain yours. • Charges for AT&T telecommunications services will be rated and charged in United States dollars in accordance with AT&T's effective tariffs. AT&T tariff rates for AT&T Calling Card calls may include a service charge, which will vary depending upon where and how you call.. The service charge as of October 1999 for a state-to-state AT&T Calling Card using 1 800 CALL ATT is 99 cents for a non-operator-assisted call and $2.95 for an operator-assisted call. The ser- vice charge as of October 1999 for an in-state AT&T Calling Card using 1 800 CALL ATT ranges from 35 cents to 99 cents for a non-operator assisted call and from 80 cents to $3.4S for an operator-assisted call. These service charges My vary 9 you have an AT&T optional calling plan or use other dialing methods, for example, 0 or 10-10-ATT, to place an AT&T Calling Card call. All rates are sub- ject to change. • Effective March 1999, AT&T will add a 30 cents per call surcharge to calling card calls originated from pay phones. This surcharge recovers a pay phone usage fee imposed upon AT&T to compensate pay phone owners for using their equipment This fee is subject to change. U(L?5 In the event the AT&T Calling Card may be used for AT&T Services not cov- ered by tariff, AT&T will attempt to provide such non-tariffed services as described in its marketing materials, but AT&T does not warrant such services to be error-free or fit for any particular purpos& You may not use the non-mr- iffed portion of the services for any unlawful purpose and you are responsible for and will hold AT&T harmless against the consequences of any such unlawful use of any slander, libel or other actionable content in any message. The liability of AT&T, or any of its employees, agents or cooperating service provider(s) arising from any misdelivery, non-delivery or any other errors or omissions in the provision of the non-tariffed portion of the services is limited to an amount equal to the charge for any such service(s). Your account may be subject to a maximum monthly usage limit If AT&T suspects fraudulent use of your AT&T Calling Card, AT&T may, among other things, suspend or terminate your AT&T Calling Card without further notice. Applicable Law: The terms and enforcement of this Agreement shall be governed by federal law and the law of Georgia, where we are located. For Further Information: You can call us at the telephone number shown on the billing statement, or at 1-800-423-4343. Meridith Jarrell President and COO Universal Bank, NA ©2000 Universal Bank, NA WHAT TO DO IF THERE'S AN ERROR IN YOUR BILL Your Billing Rights. Keep This Notice For Future Use. This notice contains important information about your rights and our responsibili- ties under the Fair Credit Billing Act Notify Us In Case of Errors or Questions About Your Bill. If you think your billing statement is wrong, or if you need more information about a transaction on your billing statement, write to us (on a separate sheet) at the address provided in the Billing Rights Summary portion on the back of your billing statement Write to qs as soon as possible. We must hear from you no later than 60 days after we sent you the first billing statement on which the error or problem appeared. You can telephone us, but doing so 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. i • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about • Please sign your letter. If you have authorized us co pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong, To stop the payment you must tell us at least three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities 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 your billing statement was correct After we receive your letter, we cannot try to collect any amount you question, or report your account as delinquent We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parrs of your balance that are not in question. If we find that we made a mistake on your billing statement, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed pay- ments on the questioned amount In either case, we will send you a statement of the amount you owe and the date it is due. If you fail to pay the amount that we think you owe, we may report you as delin- quent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name and address of anyone to whom we reported your account information. We must tell anyone we report you to that the matter has been settled between us when it is finally settled. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your billing statement was correct Special Rule for Credit Card Purchases. If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the prop- erty or services. There are two limitations on this right: • You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current address; and • The purchase price must-have been more than $50. These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for the property or services. RICA-UCS 03100 CJ 10% Post Consumer Waste CP077501 f_ BILL OF SALE. ASSIGNMENT AND ASSUMPnON AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of August 26, 2005, between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") and Unifund Portfolio A, LLC, located at 10625 Techwoods Circle, Cincinnati, OH 45242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 26, 2005, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, good and marketable title to the Accounts described in Section 1.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. Citibank (South I)IRota), N.A. By Name:` Title: Unifund Portfolio A, LLC By: C94%0- (Signature) Name: Vt (:f? ??"" I Title: ? ?r u'11riJ1'1d Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of October 26, 2005 (the "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on- rxkv-?er ?1106- UNIFUND D CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By Da vi osenberg President For Unifund Use ONLY 12 Client E CID # VERIFICATION I, Matt Healey, Legal Assistant of Commonwealth Financial Systems, Inc, Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the forgoing civil action and that I am fully authorize to make this verification and that the facts set forth in the attached pleading 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 a 18 Pa. C.S.A. §4904, relating to the unswom falsification to authorities. Date : ?/ o? 7? / ? ? ? --- Matt Healey ? CFSI File No:c9 7SANOL- COMMONWEALTH IN THE COURT OF COMMON PLEAS OF FINANCIAL SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW JAMES JAKOB, Defendant NO. 12-2624 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO TRANSFER ORDER OF COURT AND NOW, this 14'' day of May, 2012, upon consideration of Plaintiffs Motion To Transfer, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christylee L. Peck, J. ?an R. M6ge, Esq. 70 East Broad Street Bethlehem, PA 18016 Attorney for Plaintiff A1mes Jakob 1 Old Depot Road J New Cumberland, PA 17070 Defendant, pro Se c rn N r -v ca CD -, , d" :rc Michael J. Pykosh, Esquire D # 58851 I ` Dethlefs-Pykosh Law Group, LLC j_ 2132 Market Street ?" Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 ?A? Fax - (717) 975-2309 mmpvkoshCa?dplglaw,com Attorney for Defendant COMMONWEALTH : COURT OF COMMON PLEAS FINANCIAL SYSTEMS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JAMES JAKOB, Defendant No: 12-2624 Civil Term Civil Action - Law ACCEPTANCE OF SERVICE I, Michael J. Pykosh, hereby accept service of the above captioned Plaintiff's Complaint on the 18th day of May, 2012, on behalf of my client, James Jakob. Date: 5, ) I S 1) 1 ??_ Respectful Submitted, MicIT04. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant 1AQA i'o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL ti f SYSTEMS, INC. : Plaintiff No 12-2624-Civil r . vs. CIVIL ACTION ' JAMES JAKOB, Defendant PLAINTIFF'S PRAECIPE TO WITHDRAW MOTION TO TRANSFER TO THE CLERK OF SAID COURT: Please withdraw Plaintiff's Motion to Transfer filed in the above-reference matter. DATE: May 23, 2012 man R. Mege, Esq. Attorney ID No. 8. Attorney for aintiff P.O. Box 1 26 Bethlehem, PA 18016 (610) 954-5393 COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff V. JAMES JAKOB, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 12-2624 Civil Term Civil Action - Law NOTICE TO PLEAD To: Commonwealth Financial Systems, Inc. c ' c/o Alan R. M6ge, Esquire Law Offices of Alan R. M6ge, Esq. jq!`7 -M ? P O Box 1426 . . 70 East Broad Street Bethlehem, PA 18016-1426 - -? - - You are hereby notified to plead to the enclosed Preliminary Objections Within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted, Date.-'.5Ir 3 I II - z-Michael J. Flykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant `2 Jul - I bra I,_ r: Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 F.: UM B E R Lei :..l rlJ e?li PEag14SYI w?,tilw3? tai COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff V. JAMES JAKOB, Defendant for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 12-2624 Civil Term Civil Action - Law DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, James Jakob, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Citibank of which Plaintiff Claims to be the Original Creditor. Comp. ¶ 1 and 3. 2. The Complaint was filed on April 30, 2012. First Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)-Failure to conform to rule of court (failure to attach written assignments of debt) 3. The Plaintiff is not the original creditor, but rather assignee of the original creditor. Camp. ¶ 1 and 3. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 4. By failing to attach a copy of the assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. 5. "Exhibit "B", which purports to be Bills of Sale, fails to identify Defendant's account. See Arrow Financial Services LLC v. Witmer No. 59 Cumb. L.J. 154 (Pa. Com. PI. Cumb. Cnty 2010). Second Preliminary Objection- Pa. R.C.P. 1028(a)(5) Plaintiff is stranger to Defendant 6. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 7. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 8. Plaintiff has not shown standing or capacity to sue Defendant. 9. Since this matter was not brought by the real party in interest it must be dismissed. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 10. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract and Account Stated. Fourth Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 11. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 12. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 13. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. 14. By not including the requisite detail of the account, the Plaintiff has insufficiently pled its accounted stated cause of action. See Arrow Financial Services LLC v. Witmer No. 59 Cumb. L.J. 154 (Pa. Com. PI. Cumb. Cnty 2010). WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Respectfully Sub itted, Date: ! I , Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant COMMONWEALTH : COURT OF COMMON PLEAS FINANCIAL SYSTEMS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. No: 12-2624 Civil Term JAMES JAKOB, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Commonwealth Financial Systems, Inc. c/o Alan R. Mege, Esquire Law Offices of Alan R. Mege, Esq. P.O. Box 1426 70 East Broad Street Bethlehem, PA 18016-1426 Respectfully Submitted, Date: ' 6 ( Z Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant I A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 12-2624-Civil " J vs . CIVIL ACTION =CD JAMES JAKOB, =+ Defendant PRAECIPE TO APPEND TO THE CLERK OF SAID COURT: Please append the attached Exhibit as part of Exhibit "B" to Paragraph 10 of our Complaint. 1 P.O. Box 42 Bethlehem, PA 18016 (610) 954-5.93 e, sq. Attorney ID No. 81 8 Attorney for Pla' tiff cn N o c C..)° O Irt (D C N OD W' A C) O (071 O ?O Q 1 O 7 m a) n n N ? W Ir' W (D ?o fD W CA Q 0) W' (D 00-0 N CD O 3 O (D N Q n N 3 NI NQ O? CD N ED 1 N O- O 06 W C ? C 7 Q Q D) rt CD y N n N a N N O rt O CD W i???1 n 0 v v I 3 (D 0 0 I v v .0 v 3 CD 0 1?. 4 co c3 Z CD <a M cn ' D r n D v C/) m n m cn a 0o N 0 0 v (n cr (D 0 v n n v (D L O? CD C- ? D n) 93 M m 9 v a 0. m N N N co v 0 CL C: Q m y N G) m Cl) z' 0. m Iz c c 9 Go m z 0 cn Dv CD N o 0. Q O (D N N I 0) a rt ' CD 0 M cr Q f O A CO) N 7 3 n 0 1 Im Y. s o M CD 0 1 O m m cn 0 c y m N N 7 n ?a v N N O O W 00 co c W 7 ,z m z 0 m Tm 3 m m c ca { COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEt COMMONWEALTH FINANCIAL `^ c E?;"= I Phi l SYSTEMS, INC. LP0 COUNT Y Plaintiff No. 12-2624-Civil ;:,F;S i'L?rr"Ill vs. JAMES JAKOB, Defendant : CIVIL ACTION PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 2. Admitted. By way of further answer, the docket is a written document which speaks for itself. 3. Admitted in part, denied in part. It is admitted that Plaintiff is not the original creditor, but rather an assignee of the original creditor. The remaining allegations are denied as conclusions of law. By way of further answer, the attached assignments are described more fully by the averment in Plaintiff's complaint. The averment in the complaint accompanied by the attached written assignment are legally sufficient. Plaintiff need not attach every document evidencing the assignments. A Plaintiff is "not required to set out the assignment verbatim or attach a copy of the assignment as an exhibit to the pleadings." Brown v Esposito, 42 A.2d 93 (Pa. Super 1945). Furthermore, the Commonwealth of Pennsylvania is a fact pleading state whereby the complaint must provide the defendant notice of the basis of the claim as well as a summary of the facts essential to support that claim. Alpha Tau Omega Fraternity v. University of Pennsylvania , 464 .A.2d 1349 (Pa.Super. 1983). Plaintiff's Complaint is sufficiently clear to enable Defendant to prepare his defense and it informs Defendant of the specific basis on which recovery is sought. See McNeil v. Jordan, 814 A.2d 234 (Pa.Super. 2002). Lastly, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 4. Denied as a conclusion of law. The cases cited by Defendant are not binding upon this Court. By way of further answer, the attached assignments are described more fully by the averment in Plaintiffs complaint. The averment in the complaint accompanied by the attached written assignment are legally sufficient. Plaintiff need not attach every document evidencing the assignments. A Plaintiff is "not required to set out the assignment verbatim or attach a copy of the assignment as an exhibit to the pleadings." Brown v Esposito, 42 A.2d 93 (Pa. Super 1945). Furthermore, the Commonwealth of Pennsylvania is a fact pleading state whereby the complaint must provide the defendant notice of the basis of the claim as well as a summary of the facts essential to support that claim. Alpha Tau Omega Fraternity v. University of Pennsylvania, 464 .A.2d 1349 (Pa.Super. 1983). Plaintiff's Complaint is sufficiently clear to enable Defendant to prepare her defense and it informs Defendant of the specific basis on which recovery is sought. See McNeil v. Jordan, 814 A.2d 234 (Pa.Super. 2002). Lastly, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 5. Denied. A Praecipe to Append hads been filed and a redacted copy with the identification information relative to Defendant's account has been filed. Moreover, the attached Assignments/Bills of Sale are described more fully by the averment in Plaintiff's complaint. The averment in the complaint accompanied by the attached written assignment are legally sufficient. Plaintiff need not attach every document evidencing the assignments. A Plaintiff is "not required to set out the assignment verbatim or attach a copy of the assignment as an exhibit to the pleadings." Brown v Esposito, 42 A.2d 93 (Pa. Super 1945). Furthermore, the Commonwealth of Pennsylvania 2 +r is a fact pleading state whereby the complaint must provide the defendant notice of the basis of the claim as well as a summary of the facts essential to support that claim. Alpha Tau Omega Fraternity v. University of Penns llvania , 464 .A.2d 1349 (Pa.Super. 1983). Plaintiff's Complaint is sufficiently clear to enable Defendant to prepare his defense and it informs Defendant of the specific basis on which recovery is sought. See McNeil v. Jordan, 814 A.2d 234 (Pa.Super. 2002). Lastly, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). WHEREFORE, Plaintiff requests this Honorable Court to deny and dismiss the preliminary objections of Defendant. 6. Denied as a conclusion to law which no response is required. 7. Denied as a conclusion to law which no response is required. It is further denied that Plaintiff failed to attach a copy of the necessary writing by which the Plaintiff would become that assignee of the account and thus the real party in interest. To the contrary Bills of Sale reflecting that Plaintiff is the owner of Defendant's account was attached to Plaintiff's Complaint. 8. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff has provided account information and bills of sale sufficient to show standing. 9. Denied as a conclusion of law to which no response is required. By way of further answer, this baseless allegation is denied and is contrary to the allegations and exhhibits of Plaintiff-,'s complaint. WHEREFORE, Plaintiff requests this Honorable Court to deny and dismiss the preliminary objections of Defendant. 10. Denied as a conclusion of law to which no response is required. By way of further answer, , the Commonwealth of Pennsylvania is a fact pleading state whereby the complaint must provide the defendant notice of the basis of the claim as well as a summary of the facts 3 essential to support that claim. Alpha Tau Omega Fraternity v. University of Pennsylvania, 464 .A.2d 1349 (Pa.Super. 1983). Plaintiff's Complaint is sufficiently clear to enable Defendant to prepare his defense and it informs Defendant of the specific basis on which recovery is sought. See McNeil v. Jordan, 814 A.2d 234 (Pa.Super. 2002). Lastly, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). WHEREFORE, Plaintiff requests this Honorable Court to deny and dismiss the preliminary objections of Defendant. 11. Denied that the sated detail is required, as the damages requested are general damages and not special damages. Furthermore, the Commonwealth of Pennsylvania is a fact pleading state whereby the complaint merely need provide the defendant notice of the basis of the claim as well as a summary of the facts essential to support that claim. Alpha Tau Omega Fraternity v. University ofPennsylvania , 464 A.2d 1349 (Pa. Super. 1983). Plaintiff's Complaint is sufficiently clear to enable Defendant to prepare her defense and it informs Defendant of the specific basis on which recovery is sought. See McNeil v. Jordan, 814 A.2d 234 (Pa.Super. 2002). Lastly, it is not necessary to plead evidence which can be developed through discovery. Local No. 163 v. Watkins, 207 A.2d 776 (Pa. 1965). 12. Denied as a conclusion of law to which no response is required. 13. Denied as a conclusion of law to which no response is required. 14. Denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court to deny and dismiss the preliminary objections of Defendant. B Alan R. Mege, Esqu' Atty. I.D. #812 Attorney for aintiff PO Box 1426 Bethlehem, PA 18016 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 12-2624-Civil vs. CIVIL ACTION JAMES JAKOB, Defendant ORDER AND NOW, TO WIT, this date of , 2012, upon consideration of Plaintiff's Reply to Defendant's Preliminary Objections, it is hereby: ORDERED that the Defendant's Preliminary Objections are hereby Denied and Dismissed. BY THE COURT: ,J. Distribution: Alan R. M6ge, Esquire, 70 E. Broad St., PO Box 1426, Bethlehem, PA 18016-1426. Michael J. Pykosh, Esq., c/o James Jakob, Dethlefs-Pykosk Law Group, 2132 Market St., Camp Hill, PA 17011 (]COPY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 12-2624-Civil vs. CIVIL ACTION JAMES JAKOB, Defendant ORDER AND NOW, TO WIT, this date of of Plaintiff s Reply to Defendant's Preliminary Objections, it is hereby: 2012, upon consideration ORDERED that the Defendant's Preliminary Objections are hereby Denied and Dismissed. BY THE COURT: ,J. Distribution: Alan R. M6ge, Esquire, 70 E. Broad St., PO Box 1426, Bethlehem, PA 18016-1426. Michael J. Pykosh, Esq., c/o James Jakob, Dethlefs-Pykosk Law Group, 2132 Market St., Camp Hill, PA 17011 I i COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff V. JAMES JAKOB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 12-2624 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO TRANSFER ORDER OF COURT AND NOW, this 15ffi day of June, 2012, upon consideration of Plaintiff's Motion To Transfer, filed on June 5, 2012, the motion is granted and the Prothonotary of Cumberland County is hereby directed to transfer the above-captioned matter to the Prothonotary of York County, with the costs and filing fees of said transfer to be paid by Plaintiff. Alan R. Mege, Esq. 70 East Broad Street Bethlehem, PA 18016 Attorney for Plaintiff James Jakob c/o Michael J. Pykosh, Esq. 2132 Market Street Camp Hill, PA 17011 BY THE COURT, 71 64 Christylee L. Peck, J. rc C cr', ? .5 M4, it ed 611 ,ee. c.