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Home My WebLink About05-5404 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA COMMONWEAL TH FINANCIAL SYSTEMS, INC., assignee ofUNIFUND CCR PARNTERS, CITIBANK UNIVERSAL CARD PIaintiff(s) -vs- STEVEN A. GIBSON Defendant(s) NO. DS - 5Vt>Lf (!;O'l L '--rE.ArrJ IN CIVIL ACTION COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA LD. No. 37942 Charles F. Bennett, Esq. PA LD. No. 30541 Joel E. Hausman, Esq. P A LD. No. 42096 APPLE AND APPLE, P.c. Firm No. 719 46S0 Baum Boulevard Pittsburgh, PA 1S213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee ofUNIFUND CCR PARNTERS, CITIBANK UNIVERSAL CARD NO.OS -S4DY (20J..~~ IN CIVIL ACTION PIaintiff(s) -vs- STEVEN A. GIBSON Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish fo defend against the claims sef forth in fhe following pages, you must fake aefion wifhin twenty (20) days after fhis Complainf and Nofice are served, by enfering a written appearanee personally or by attorney and filing in writing wifh fhe Court your defenses or objecfions fo the claims sef forth againsf you. You are warned fhaf if you fail fo do so, fhe ease may proceed withouf you and a judgmenf may be entered againsf you by fhe Court without further nofice, for any money claimed in the Complainf or for any of her claim or relief requesfed by the P1ainfiff. You may lose money or property or of her righfs important fo 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 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT I. Plainfiffis a corporation having offiees af 120 North Keyser Avenue, Seranfon, PA 18504, and as the assignee ofUnifund CCR Partners, assignee ofCifibank Universal Card, stands in its assignor's sfead, and all are hereinafter referred fo inferchangeab1y as "Plainfiff'. 2. Defendanf is an individual whose address is 75 Bonnybrook Rd Lot 16, Carlisle, Cumberland Counfy, Pennsylvania 17013. 3. Af a specific instance and requesf of the Defendant, the Defendant applied for and was granfed a credif card by Plainfiff af fhe terms and condifions agreed upon by the parties. 4. The Plainfiff avers that fhe agreement between fhe parties was based upon a written agreement which the Defendanf accepted by using credit card to make purchases and/or cash advances. 5. Thereafter, in breaeh of obligations under fhe Agreemenf, fhe Defendant failed fa make paymenfs as they beeame due. 6. Plainfiffavers that the terms of the Agreement provide for acceleration of the enfire balance due and owing upon Defendant's breach of the Agreement. 7. Plaintiff avers fhaf the balance due amounts to $3,977 .44, as is more specifically shown by Plainfiffs Sfatement of Account, a true and correet copy of which is attached herefo, marked Exhibif "A" and made a part hereof. 8. Plaintiff avers fhat fhe inferest has accrued at the rate of 24.99% per annum on the balance due from Augusf 30, 2003. 9. Per fhe ferm ofthe agreemenf, the Defendanf has agreed to pay to the Plaintiff as liquidated damages, fhe cosfs of collecfion, including all reasonable attorneys' fees incurred in fhe collecfion of monies owing, which Plaintiff avers will amount fo 25% ofthe balance due. 10. Although repeatedly requested to do so by Plainfiff, Defendanf has willfully failed and refused to pay fhe amounf due fo Plainfiff or any part thereof. WHEREFORE, Plainfiff demands Judgment against Defendant in the amounf of $3,977.44, wifh appropriafe addifiona1 interesf from Augusf 30, 2003, plus attorneys fees and cosfs. APPLE AND APPLE, P.C. ~ By: . < torneys or PIaintiff(s) :l:.\ ._'.~...' AFFIDA VIT I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, vertfy that the statements offact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S;4904 relating to unsworn falsification to authorities. IO-'-{'()5 /' //J.~UC-v- fi (;-/4, / PATRICIA COBB Date: Executive Vice President 120 North Keyser Avenue Scranton, PA 18504 Apple & Apple File No. j()'/G(;(, CFSI File No. /() ~ ') :J 7' '5 ~-&UA~~ x) ("::) ,(Q B \ U) ....::'1 fF. L_:'~ () Y1 ,~:...-:; -1'1 C,n 0 :....-::! lI\ c ~, C>- ~ - '\) 6"- ~ -J _J ~ W ...,., F _... 0- ---. ~ C,,' U-.> f? ::':1 1;" ,,,,\ 0 i- - SHERIFF'S RETURN - REGULAR CASE NO: 2005-05404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS GIBSON STEVEN A SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIBSON STEVEN A the DEFENDANT at 1630:00 HOURS, on the 10th day of November, 2005 at 75 BONNYBROOK ROAD CARLISLE, PA 17013 LOT 16 by handing to STEVEN GIBSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.40 .00 10.00 .00 42.40 Sworn and Subscribed to before me this Jv~h day of A.D. So Answers: --~, ...?/ ?~~;~;~~~r;,c .' ._c . ., //~ " f .~ ? .-. R. Thomas Kline 11/14/2005 APPLE & APPLE, I .~ , i / By: ~~~~~.. stri~tr COMMONWEALTH FINANCIAL SYSTEMS, INC., Assignee of UNIFUND CCR PARTNERS, CITIBANK UNIVERSAL CARD, Plaintiffs vs. STEVEN A. GIBSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5404 CIVIL TERM : CIVIL ACTION , DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. Plaintiffs complaint fails to comply with Pa.R.C.P. No. 10 I 9(i) as Paragraph 4 of the complaint avers fhaf a written agreement existed befween the parties but Plaintiff did not attach a copy ofthis written agreement fo fhe complaint. WHEREFORE, Defendant requesfs this Court to require Plaintiff to amend its complaint. Respectfully submitted, Ja . Jones, Esqu' omey for Defen t 7 Irvine Row Carlisle, P A 17013 (717) 240-0296 Fax (717) 240-0066 f;;:i\ _.~1 ~ .' ~,.:; C'-'" ..- ..-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR P ARNTERS, CITIBANK UNIVERSAL CARD NO. 2005-5404 IN CIVIL ACTION Plaintiff(s) -vs- STEVEN A. GffiSON Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD OF THIS PARTY: James R. Apple, Esq. PA J.D. No. 37942 Charles F. Bennett, Esq. PA J.D. No. 30541 Joel E. Hausman, Esq. PA J.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Bawn Boulevard Pittsburgh, PA 15213-1237 Telephone: 412-682-1466 Fax: 412-628-3138 0( ........ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee ofUNIFUND CCR PARNTERS, CITffiANK UNIVERSAL CARD NO. 2005-5404 IN CIVIL ACTION Plaintiff(s) -vs- STEVEN A. GIBSON Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY SIR: Kindly discontinue without prejudice the above-captioned matter upon the records of the Court. SWORN TO AND SUBSCRUlBED APPLE AND APPLE, P.C. BEFORE ME THIS -JO \u/ (\ cJf DAYOF ,20 U<.c BY~ orne)! laintiff( s) . NO L: IA CO NoIIlNII ~ ~_ ~A.~,Nal8lyr..- C1lY OtPlttsburgh, ~ Co<I1IY J.1ycdM11l101Oll E!qlIreo May 14. 2009 Member..-~nA.ytvanIB Association of Notaries 2 Ii..... " ... _\ > <:y ~[ \~. " ...-":, -:: -'