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HomeMy WebLinkAbout05-5532 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : NODS - S~3,,(Civi1 Term vs. : CIVIL ACTION THELMA FISHEL, 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED NY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, P A 17013 TELEPHONE (717) 249-3166 an R. Mege, Es Attorney ID 288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.D.S' - !;5' 3 a...., Civil Term vs. CIVIL ACTION THELMA FISHEL, Defendant COMPLAINT I. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Thelma Fishel ("Fishel"), an individual with an address of 313 Steigerwalt Hollow Rd., New Cumberland, PA 17070-2725. Count I - Breach of Contract 3. Defendant applied for and received a Wachovia National Bank Card Services credit card, account number 5412-8424-1902-6261. 4. Said account was issued by The First National Bank of Atlanta d/bla Wachovia National Bank Card Services and the credit card reflected First USA Bank, N.A. as the issuer. 5. Use of the Wachovia National Bank Card Services credit card was subject to the terms of the Wachovia Cardmember Agreement ("Agreement"), a copy of which was sent to the Defendant along with the credit card. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 6. Defendant used the Wachovia National Bank Card Services credit card account number 5412-8424-1902-6261 for purchases, cash advances, andlor balance transfers. 7. Defendant was mailed account statements relative to the defendant's use ofthe Wachovia National Bank Card Services 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 within account was sold by The First National Bank of Atlanta dlb/a Wachovia National Bank Card Services to Unifund CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to PlaintiffCFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale and Affidavit And Assignment are attached hereto, made a part hereof and marked collectively as Exhibit "B". 1 O. 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. 11. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 12. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff s court costs and reasonable attorneys fees. 13. As of April 13 , 2005, the balance due and owing to Plaintiff from Defendant was $13,173.65. 14. To the extent this pleading is considered an initial communication, you are notified that unless you notifY us within thirty days after receipt ofthis letter that this debt, or any portion thereof, is disputed, we will assume that this debt is valid. If you do notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within 2 thirty days, we will provide you with the name and address ofthe original creditor if different from the original creditor. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,173.65 plus costs and interest from April 13,2005 as well as reasonable attorneys fees of $3,293.41 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were ful1y 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 $13,173.65 plus costs and interest from April 13, 2005 as well as reasonable attomeys fees of $3,293.41 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. 3 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. 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 Plaintiffs 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$13,173.65 plus costs and interest from April 13, 2005. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $13,173.65 plus costs and interest from April 13, 2005 as well as reasonable attorneys fees of $3,293.41 and such other and further relief as the Court may deem just and appropriate. ~ By: . Mege, Esqu' Atty. LD. #812 Attorney for laintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 W :'\CHOYlA CARDMEMBER AGREEMENTS ". . Pagc I of 3 I'LEASE HEAD THIS NOTICE CARE,FULLY. THE TERMS or ENCLOSEI> CREDIT CARD ACCOUNT ARE DIFf'ERENT FROM THE TERMS FOR WHIClI YOU APPLIED, AFTER YOU REVIEW THESE CHANGES, IF YOU DO NOT WANT TO ACCEPT THE NEW ACCOUNT TERMS PLEASE DESTROY THE CARD AND CALL US AT 1-888-(,%-7362 TO CLOSI~ THE ACCOUNT. IF YOU lISE THE CARl) OR ACCOUNT AFlTR REAI>ING TIllS NOTICE YOU WILL HAVE A(;REEI) TO ACCEPT ALL THE CHANGES DISCLOSE!) TO YOU. This Notice informs you of change;; to your Wachovia Bank Card Services Cardmember Agreement. SUMMARY OF CHANGES A. YOllr account with The First National Bank of Allanta, dibla Wachovia Bank Card Services ("Wachovia") lransferred to Firsl USA Bank, N. A. on June 29, 200 l. Effective immedialely, your Credit Card Agreement ("A"reernen''') with The First National Bank of Atlanta, dlbla Wachovia Bank Card Services is modified to retlect Fir,~t USA Bnn'k) N.A. as the issuer and servicer of your c-redit card account: (1IAce_ount"). All reference in your Agreement to "Wachovin", "we", "us", or "our" shall now mean "First USA Hank. N.A." B. ANNUAL PERCENTAGE RATE FOR LATE PAYERS: If you do 110t pay atlensl the Minimum Monthly Paymelll by the Payment Dlle Date two times during any 6 month period, the ANNUAL PERCENTAGE RA n, on your Account \vilI be increased [0 a variable rate of 19.99l}'o. If your current rate is greater than this APR, your current rate will not c.hange. C. FOREIGN CURRENCY TRANSACTIONS: We and MasterCard or Visa (or their affiliates) will convert transactions ill foreign currencies into U.S. Dollnrs. We add an additional two-pe-Tcent to the amount provided to us by MasterCard or Visa. 'me currency conversion rate used on the. conversion date may differ from the rate in effect on the date you llsed your Card or Ace.ollllt. D. ARBITRATION: Any claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents or assigns ofthe orher, arising from or resulting in any way to tbis Agreement or your aCC<lUnt, including Claims regardin.g the applicability of this arbitration clause or the validity of the entire Agr~ement, shaU be re!:io1ved by hinding arbitration by the National ^rbitration forum, wlder the Code of Procedure in t~ffetJ at the time the Clalm is filed, as outlined in the section in this noti.ce entitled "Arbitration". E. USfNG YOUR ACCOlINT: You may use your Card or Account to purchase or lea$e good...; or services or pay amounts you owe wherever the- Card is honored or transfer balances from other accounts ("Balance Transfers") (collectivc.ly, "Purchac;es"). You may also use the card to obtain cash Joans ("Cash Advancesll), from any financial institu1ion that accepts the Card. You agre.e to acc.ept credits 10 your Act-ount in.stead ofcas.h refund~ when the original Purchase was ch.arged to your Account.. We may issue .'Convenience Checks" to you. which may be llsed to access your credll line. Use of a Convenience Check will be treated a~ a "Purchascll in the amount of your check. F. CHANGE IN CALCULATJON OF YOUR VARIABLE RATE: The Datly Periodic Rate we use to determine your Periodic FrNANCE CHARGE for Purchases, Casb Advances and APR for Late Payer(s) are variable rates. They vary according to movement in the prime rate, and as such can increase or d(~crease from month to month. The rates wm be calcu(~lcd each month on the first business day of the month. On that day, we will St.c wh;:It the u.s. prime rate published in The Wall Street Journal \-va') on the immediately prcc,eding Determination Date. '1l1C "Detenl1ination D3tC.' is th.e 22nd day of the month (or the next business day after that ifit fails on a weekend or holiday). We will add to that prime rate the margins previously disclosed to you in your Cardmcmbcr Agrccmc~t and Disclosure Stalctnem and $Hpp1e-mems and multiply the sum by Il365 to give us your respective Daily Penodic Rates. If mo-rc than one prime rale appears in 11,e Willi Street .Jou.rnal on the Determination Datc, we will pick tlle hi.ghest; if The It'all Slreet .JOUr/wi stops publishing prime rates, we will seleCl a c.omparable index and t.ell you rhe following month. If our calculation rc,':;ults in new Daily Periodic Rates, they will take effect on Purchase and Cash Advance balances as of t.he first day of your billing cycle lhill ends in the montl'l in which we do the cakulation. fftlle- Daily Perlodit: Rates incrc.ase, you will hav(~ to pay a higner PeriCldic FINANCE CHARGE and may have to pay a higher minimum payment. The Annual PercCrHa,rL' Rate for each balance shall be its Daily Periodic Rate time:c; 365. .::;. (l. ALL OTHER: Ifnot so already, the following are cha.nging: (i) Yom minimum payment each month \\'iH be the greater of 20-'0 111' your outstanding balance or $10.00. fr <11 any time your A PR exceeds 24~/o, WI..' may increase h Hp: 1/ crnsfusanet. wi l. ti.,sa. com/referenceslreferctl ce/W achovia _eM ^ s. h 1m If A~\ 211 1102 " W"CHOVIA CARDMEMBER AGREEMENTS Page 2 of 3 your Minimum Pavmcnt 10 the greater or 2.50/0 of your olltslanding balance 01' $10.00; (ii) If you use your Card or Account to do a Ba\ancc Transfer; purchase money orders or wire transfers~ pur~hase tJ.-avelers checks or foreign currency other than at a bank, or if you use a Conveni~nce Check, these lransactlClns will be treal'ed as Purchases and we will charge a oneAime Transaction FINANCE CHARm, for each such Balance Transfer, Purchase or check u$t1ge in the amount 01',4:0 of the applicabl: t~ansaclio~, whl~ a minimum ch.arge of,,$5.~O.; (iii), The.n~. is a minimum FINANCE CHARGh of$1.00 many blllmgcycle m whIch YOll owe a {'INANCECHARGL: (IV) You will rl.:ccivc a grace peri-ad fOT Purchases provided that you paid your balance: in full by the Pay~en~ Dut.:- Dale on Y\1Ur previous statcmcnL (or that balance was zero or a credit amount) and you pay your balance 11\ full by the Payment Due Date on yotlr ClIlTCnt sti'rtement.. H. TNFORMATION SHAR1NG: You agree we may share infonnation about you and your account with Wachovia Ba.nk in order to better !>erve you. AMENDMENTS TO AGR.EEM.EN.T In ",der to implement the above-describe.d change in terms, the l'ollowing changes, as applicable, will be made to your Agreement: A. The definition for Cash Advances, Convenience Checks and Transfe,r Checks located in paragraph 2 of your Agrecmcl~t arc ddeted in their entirety. ll. Section 1\ tc) (iii) of your Agreement that refers to your "Default Rate" is deleted in its entirety and replac.ed a.s f()llows: Finance- Charges for Late Payment: If you do not pay at least the Minimum Monthly Payment by the Pa.\lment Due Date two timt~l') dming any 6 month period, the Daily Periodic Rate for all balances may chang.e to an""adjusted variable rdte of 1/365 of the sum of 1) the Prime Rates as described in paragraph I, herclll plus 2) 12.99% (tbls sum as an ANNUAL PERCENT AGE is Ihe "Adj\l'ted Rate"). The Adj\lsted RIlte will not be less than 19.99%,. The A djllsled Rate will take effect as ofthe ftrst day of Ihe billing cyeie following your second late payment. If your clIrrent rule is greater than the Adjusted Rate, YO\l1' ANNUAL PERCENTAGE RATE will not change. On June 4, 200 I the prime rate was 7.00%. Using this prime- rate a~ an example, the Daily Periodic Rate for the Adjusted Rate would be 0.0548% and the corresponding ANNUAL PERCENTAGE RA 1'10 would he J 9,99~,u. During any period when a prornotiol1i.l( APR ("Promotional Period") is in effect, if you do. not pay al least the, Minimum Monthly Payment by the Payment Due Date onc time during such period, the Promotional Period and promotional APR will end and the applicable APR will take effect. C, Section 22 of your Agreemel1t is deleted in its entirety and replaced as follows: Foreign Currency Transactions: We and MasterCard or Visa (or their afftHarcs) will convert tramactions in foreign cun'codes into U.S, Dollars. MastcrC-ard or Visa will use their then-current currency conversion procedures. CurreTltly, they use t;'.ithcr a wholesale market rate or a govcrnrncnHnandated rate in effe.ct under those procedures and add a conversion charge de'~.nnineO by tbem. We add an additional two-pe.rc.c-nt to the amount provided to u.s by MastC"-rCard or Vi5a. The currency conversion rate used on the conversion date may differ from the rate in ciTec! on t}'le date you used your Card or Account. D. The foHnwing section entitled ., Arbitration" is being added to your Agreement. Arbil:r<it.ion: Any claim, dispute or controversy C'Claimfl) hy <.~il"her you or us against the other. or against the ernployees~ agents or assigns oflhc other, arisi.ng trom or relating, in any way to this Agreement OT your Accountl including Claims. regarding the applicability "fthis arbitration clause or tbe validity oftbe entire Agreement, shall be resolved by binding arbitration bv lhe Nallonal Arbitratlo" Forum. lInder the Code of Procedure ill effect al Ibe time the Claim is ftled. Rilles and f,irms of the National Arbitration Forum may be obtained and Claims may be tiled at any Natiom.!1 Arbitradon Forum office, www.arb-fol.llm.com.orP.O. Box 50191, Minneapolis, Minne$ota 55405, tdephnnc t- 800-474-237 r. AllY arbitration hearing at which you appear will take place at a location within the fedtmJljudicial district that rncJude-s your biUing address at the time the Chlim i::; filed, This arbitmtion agreemen1. is made pur~;uant to a transaction involving interstaI.C commerce, and 5h("tll be governed by the Federal Arbirrarion ACl, 9 U.S.C. S~ 1-16. Judgment upon any arbitration award may be entered in any court havjngjurisdiction. This arbitral\-on agrecl.uent applies \() all Claims now in existence or that may arise in 1he future except for Claims by or against any unatlillined third party to whom ownership of your Acc.ount may be assigned after default (unless that patty elects to arbitrate). Nothillg in this Agreement sba\l be construed tn prevent allY party's use of (or advancement of any Claim5, defenses, or offsets in) bankrupt.c.y or repossession, replevin, judicial foreclosure or any other prejudgment or provisiollul remedy relating to any coUatfral. SeC\lTity or property inlcr'csts for contradual debts 1l0W or herealler owed bv eilber oartv to the other under this Agreement. IN THE ABSENCE OF THIS ARBITRA nON AGREEMEN'f. YOU AND WE MAY OTflERWlSl::BAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY, AND/OR TO PAR-TlC1PATE OR BE REPRESENTED lN UTIGATlON FILED lN COURT BY OTHEI,,<; (INCLUDING CLASS ^CTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE: RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION. http://cmsfustmet.wi!.li.lsa.com/rcferenees/reference/W achovia.~ eM AS.htm 2/1l!02 W",CHOVlA CARDMEMBER AGREEMENTS Page 3 of 3 E. SL'Ctions 6 and 7 ofvour Agreement are deleted in their entirety and replaced as follows: Using Your Account You may use your C,arct or Account to purchase or lease goods or services or pay amoullls you owe wherever the. Card is honored or transfer bil1anccs from other acc.ount<; ("Balance Transfers" ) (collectively, "Purchasc511) You may aJso USt the card to obtain cash loans {"Cash Advances"), from any fm3ncial institution that accepts the Card. 'VOll agree to accept credits to your Accollnt instead of cash refunds when the original Purchase WHS chargt:"d to your Ac-count. We may issue "Convenience Checks" to you, which may be used to access your credit line. Use of a Convenience Check will be treated as. a "Purchase," in the amount of your cbeck. Each Convenience Check will contain your Account number aud may he used ant)" by the pCTson(s) whose namc(s) is/arc printed on it. Each must be'completed and signed by you (or e~ther of you) in the same manner as a reg.ulur personal check. If we provide Convenience Cbec~s for your Account, you may not use them to pay any amount you owe under your Cardmember Agreemen.t or under nny other credit ::tgrecment or account you nlay ha\'c: with us, Bank One or ;my of our related ba.nks. F. Seclion 9 in your Agrecrl1cnt rhat refers to "M.inimum Payment". as amended. is deleted in its entirety and replaced a5 follows: If the New BaJance shown 011 your monthly statement is less than $ to.OO, your Minimum Monthly Payment (due by rhe Payment Due Date) is your New Balance. Otherwise, the Minimum Monthly Payment for ea.ch billing cycle will be the greater of$lO.OO or the total of (I) 2% Oflhc New Balance, plus (2) any amount past due, plus (3) if we so e-lct~t, any amount over your credit line at the time of billing. YOll may pay more than the M"inimum Monthly Payment ~md may at any time pay the full amount you owe U!,. [n the eve-nt that an APR on your Ac,cotlnt exceeds 24%, your Minimum Monthly Payment will increase and remain. at the greater of2.)% or $10. G. TIle first sentence of section 11 that refers to the "minimum finance charge" is deleted and replaced as follows: There is a minimum FINANCE CHARGE of $ J .00 in any billillg cycle in which you owe a FINANCE CHARGE. II. Section II (b) (i) of your Agreement is deleted in its entirety and replaced as follows: 1 f you use your Card or AccnunllO do a Balance Transfer; pllfchase money orders or wire transfers; purchase travelers checks or foreign cllrrency other than at a bank, or if you use a Convenience Check, we will post these transactions as Purchases and will charge a one.time TransactiOJl FINANCE CHARGE for each such Balance Transfer; PUfch",c or check usage in the amount of 40/0 of1he applicable transaction. with (] minimum charge of $5.00. I. Seclion 11 (c) OfYOltr Agreement is deleted in its entirety and replaced as follows; The Daily Periodic Rate we use to detem,jne your Periodic FINANCE CHARGE 1<" Purchases, Cash Advance alld APR for 1..ale Payer(s) are varlablc r~tcs. They vary according to movement in th.e prime ralC, and a.s sucn can increase or decrea."il?: frorn mouth to month. Th~ rates will be calculated each month on the first business day of the mont.h. On th.at daYl we will see Wh~lt the U.S. prime rate pu.blished in The W'all Str-cet Journal was on the immcdiate)y preceding Determination Date. TIle "Detennillation Date!' is the 22nd day oflhe month (or the neXt busines~ dav after that if it falls on a we.ekend or holiday). We will add to [hat Prime R;it~ the rnargins previously disclosed l()"you in yom Curdmembcr Agreement and Di~closure Statement and Supplements and multiply the sum by 1..'36510 give us your respective Daily Periodic Rates. If more than one prime rate appears in The fVall.)'Lreet Journal on the Determinat.ion Datc, we will pick the highest: if The. SVall Slrecl Journal l>10pS publishing prime rates. we will select a comp;:.lTablc index and tell you the following month. If our calculation resutts in new Daily Periodic Rates, they win take effect on Purcha.se and Cash Advance balances at! of the first day of your billing cycle dmt ends in the month in which we do the calculation. If the Daily Periodic Rates increase, you will have 10 pay a higher Periodic FINANCE CHARGE and may have to pay a higher minimum payment. The Annual Percent1gc Rate tor each balance shall be its Daily Periodic Rate times 365. J. The secolld sentence ofSec(ion 11(a) of your Agreement is deleted and replaced as foJlows: Vou have a grace period for PlItchase.<;. You wiH not pay a Periodic FINANCE CHARGE on Purcha.scs if you paid vour New Balance in full by the Payment Due Date on your previous statement (or that balance was zero or:1 credit amount) and you pay your New Balance \n fun by the Paymen. Due Date On your current stat~menl. K. The fo\lowing sect~on is being added to your Agreement Sharing Your Account Information with Wachovia Ba.n~: In order to be-tt~r serve yo~, you agree First U~A Bank, N.A. may share infomHttion aboul you l1nd your credit card account wl1h Waehllvta Bank and any of Its affiliates. hnp:( Icmsfl'$anct. wi l.lil,a.c()m/refcrences/referencelW achovia.. CMAs.htm 2/11/02 uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accou[lts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of January 9, 2004 (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 tin: Agreement. Executedon~UIlM{ 1-/;,~ilQ+ ' UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner ((" By('~2 L~ Davl&R5se beI>g , President For Unifund Use ONLY Client # PID 15 CID # Cl ,I" II [) State' of Ohio) County of Hamilton ) ss. AFFIDAVIT AND ASSIGNMENT Bharati Lengade, being sworn, deposes and says that she is Media Manager ofUNIFUND CCR PARTNERS herein called assignor, which is doing business at 10625 Techwoods Circle, Cincinnati, OHIO 45242 and that she is authorized to make the statements and representations herein, There is due and payable from THELMA J FISHEL, Acct. #5412842419026261, SSN : 194289721, as of the 08/06/03, the amount of $12029.14. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 6.00 percent per annum. Said agreement is hereby assigned, transferred and set over unto COMMONWEALTH FINANCIAL SYSTEMS with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. The affiant states that to the best of the affiant's knowledge, information and beliefthere are no uncredited payments, just counterclaims or offsets against the said debt. Further, the undersigned acknowledges that in making this assignment, the assignor has made a complete assignment of said debt and that COMMONWEALTH FINANCIAL SYSTEMS is now the owner thereof, and they have complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said debt for any purpose. DATED this Go ~'-day of <C~~~~ ~_..._----"...._.......- ~I;~~~'RTNERS ,2005. By: Bharati Lengade Media Manager Title 10625 Techwoods Circle. Cincinnati, OH 45242 Address Subscribed and sworn to before me this~day of ~,2005 by Bharati Lengade Media Manager ofUnifund CCR p?-artner /./'/ My commission expires: ~ .------- Client # 448 NOTARY SEAL @~ ~~:'-'~ f------'-':::": ANGELA L. FRECKMAN, NOTARY PUBLIC ." "":OHIO ~...,,- F-042805-0084 VERIFICATION I, Patricia Cobb. ESQuire, of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa, C.S. ~4904, relating to unsworn falsification to authorities. (0/ { ?/o S-- Date: t:'?1t PATRICIA COBB CFSI File No. ! ! 1-13/ (j) (:) ):~ w - "-' ....:c ~ C> tn ..c:. f) -lQ.. IF't .Vl VI \::! ~ E r , , .)8 ':-n ~' 1 .---\ (.~~ ~f- -- r) c: -- CP " SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2005-05532 P ~~MMONWEALTH OF PENNSYLVANIA: \ COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS FISHEL THELMA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FISHEL THELMA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th, 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage 18.00 9.00 10.00 44.34 .74 82.08 11/30/2005 ALAN MEGE ./ So an..s.w.e.~~ ___________// . > .~..// . //.- .... .-?/...-::~ .9~e:~.. R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this (,. ~ day of I~ 'JOO; A.D. ~ 0Pzk (' P~:cifo otary .. ".~_'/. I; OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 l " COUNTY OF YORK 45 N. GEORGE ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 2 C~'!f'::~~~~E"civil 4. TYPE OF WRIT OR COMPLAINT Notice and Complaint 1 PLAINTIFF/51 Commonwealth Financial Systems Inc 3 DEFENDANTfSl Thelma Fishel SERVE .. AT { 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLO Thelma Fishel NOW 6 ADDRESS (STREET OR RFO WTH BOX NUMBER, APT NO.. CITY, BORc. TWP. STATE AND liP CODE) 313 Steigerwalt Hollow Road New Cumberland, PA 17070 o PERSONAL LJ PERSON IN CHARGE N DEPUTIZE ro.. '.J,CERt, MAIL. LJ 15T CLASS MAil _erJ.anG 11/1/ ,20 05 _ I, SHERIFF OF~ COUNTY, PA. do hereby deputize the sheriff of York . COUNTY to execute t~i!~.. d~ke return th r cording This deputization being made at the request and risk of the plaintiff.. ?~ U POSTED 'J OTHER 7 INDICATE SERVICE 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT \NILl ASSIST IN EXPEDITING SERVICE <) to law. Please mail return of service to Cumberland County Sheriff. Thank you. ADVA[~Ct.: :b'i AT'TY NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching any property under within wnt may leave same without a watchman. in custody of whomever is found in possession, after notlrying person of levy or attachment, without liabtlity on the part of such deputy or the sheriff to any plaintiff herein for any loss. deslrudion. or removal or any property before sheriffs sale thereof g, TYPE NAME and ADDRESS 01 ATTORNEY I ORIGINATOR and SIGNATURE [".Lf\.d T{ i.LSGi L-:() l)OX 1426 b~T~L~tlEli 2A 18016 10, TELEPHONE NUMBER S 1 On ~ 5f; - 53 9,) 11 DATE FILED 10/25/U5 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (This area must be completed If notice IS to be mailed) CU1'J;-.J.i::'lCLi:..J.\u CC' ::JH.i~}lIfF 1 CJUICCdUUS.S SQ C[:..kLISLr~ 2/\ 17J~l.:j 13. I acknowledge receipt of the wrrl or complaint as indicated above SPACE BELOW FOR USE OF TIE 5tERFF - DO NOT WRITE BELOW TtIS LINE 14, DIE R,ECEIVED 11 2/05 -,- " ;,D iZ Al-ii{tNS 15, EXPlratipn/HeinnQ Date 11/2/+ 05 16 HOW SERVED PERSONAL ( 17 ,. RESIDENCE Ii POSTED ( ) POE{ ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMARKS BELOW 'd~5f 23 ~dv~ ,C,*ts ;_Uv. UU 41,AF '2 da of [js~t Ii~N.' OTA CITY OF YORK: YORK COUNTY MY CCMMISSION EXPIRES AUG. 12, 2009 SIgnature of Oep.Sheriff 46 Signature 01 York ,_, ~C?,~~ty._~~er'.!' ':;,LLLl.f'd'i l'j [,:,", (''-,:' '~ c~: .c':."'-) -,- --'-..,.... nU,".lJ) ,)I~,~.,-!.-\l.r l' '5m~ /;.j (:.c.:'f.~/-~ 47. TE /",., J.-,-/2i./'Js 46. Signature of Foreign _ County Sheriff 50 I ACKNO\M..EOGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 49 DATE rOATE-ri-ECEIVED 1. 't/\/HITE -1S$U1ng Authority 2. PINK - Attorney 3 CANARY. Sheriffs Office .. BLUE. SheofT's Office t I : I cJ G -- WN ~OOl 1,',: _:{ i' '.1.,,,.,,.,, "" ~, "^.. ....;.;~1. j COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 05-5532- Civil Term vs. CIVIL ACTION THELMA FISHEL, Defendant PRAECIPE TO THE CLERK OF SAID COURT: Please enter judgment in favor of Plaintiff Commonwealth Financial Systems, Inc. and against Defendant Thelma Fishel in the amount of$16,467.06 plus costs and interest from April 13,2005, for want of filing an Answer, I certify that a 10-day notice, a copy of which is attached hereto, was served on Defendant via first class mail on December 6,2005. Ian R. Me , sq. Attorney No. 81288 Attorney for Plaintiff P.O, Box 1426 Bethlehem, PA 18016 (610) 954-5.93 -- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term VS. : CIVIL ACTION THELMA FISHEL, Defendant TEN DAY NOTICE TO: Thelma Fishel, 313 Steigerwalt Hollow Rd., New Cumberland, P A 17070-2725 DATE OF NOTICE: December 6,2005 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR MONEY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ~~ 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 \.) TJ 't II w cS ~ G ~ r ~ ~ ~ - ~ ~ ')0 -.() ~ -(J \) Q -J P- J:) :f- -------- ---- q c:,., ....> ~ ~I c:> .., " ('-.> o o --n 9."'-1 ::S~ .~~ ~~f~ ('10 ~ :,<I'l1 -- ;;2\ -;; E1 - ::<:. .(::1 - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term vs, CIVIL ACTION THELMA FISHEL, Defendant ( ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $16,467,06 plus costs and fees on D f. c... 0< 0 , 200 S' . ( ) A copy of all documents filed with the Prothonotary in support of the within judgment islare enclosed. 1,~cffi? ~ ~~~;~. :7 By: If you have questions regarding this Notice, please contact the filing party: NAME: Alan R. Mege. Esa. ADDRESS: P.O. Box 1426 Bethlehem. PA 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa,R.C.P.~236.) 'llWir+ ' # COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • COMMONWEALTH FINANCIAL • SYSTEMS, INC. • awn toe Plaintiff : No 05-5532- Civil Term „co v + vs. • r : CIVIL ACTION {n THELMA FISHEL, : 2c Defendant • 7'' ? PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of$16,467.06 plus costs was entered in Cumberland County on December 20, 2005. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on October 11, 2013. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on November 21, 2013. A certificate of Service is attached hereto as Exhibit"A". 6. As of December 6, 2013, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. 8. No Judge has ruled upon other issues in this matter. 9. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty(20) days or risk sanctions, pay fees in the amount of$100.00, as well as such other and further relief as the Court may deem just and appropriate. , an R. Mege, Esq. Attorney ID No. 8 88 Attorney for Plai'tiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • COMMONWEALTH FINANCIAL • SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term • vs. : CIVIL ACTION THELMA FISHEL, • Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on November 21, 2013, I served a true correct copy of Plaintiffs Motion to Compel Defendant's Answers to Interrogatories in Aid of Execution and proposed Order by mailing same, first class, postage prepaid to: Thelma Fishel, 820 Lisburn Road, Apt. 710, Camp Hill, PA 17011. By: Al. • . Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 1r I � Je 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL : SYSTEMS, INC. . Plaintiff : No 05-5532- Civil Term vs. . : CIVIL ACTION THELMA FISHEL, Defendant : IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION ORDER OF COURT AND NOW, this /A 64 day of )LC L- SID 7 , 2013 , upon consideration of Plaintiff's Motion to Compel, a RULE is issued upon Defendant to show cause why an order compelling Defendant to respond to the Interrogatories in Aid of Execution should not be issued. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. BYTH . -0 . T, do -y. 1 .A t :'71 D' tribut:ion: z r1 a Al n R. Mege 5. r{ helma Fishel --`4 :.r> CT.c..4. M ill.OA OIL 1414413 -,y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL • -ern SYSTEMS, INC. , ' __ Plaintiff : No 05-5532- Civil Term c"' --3 -a VS. • : CIVIL ACTION THELMA FISHEL, • Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on December 18, 2013, I served a true correct copy of the Court's December 12,2013, Order by mailing same, first class,postage prepaid to: Thelma Fishel, 820 Lisburn Road, Apt. 710, Camp Hill, PA 17011. By: ' an R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaint' P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 ,_ . k COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL • • SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term r , -- VS. . r-x l CIVIL ACTION THELMA FISHEL, y, - Defendant PLAINTIFF'S MOTION TO MAKE THE RULE ABSOLUTE And now comes Plaintiff and submits the instant Motion to Make The Rule Absolute, and in support thereof avers as follows: 1. On December 12, 2013, a Rule was issued upon the Defendant, Thelma Fishel, to show cause why Plaintiff's Motion to Compel should not be granted. A copy of the Order is attach hereto as Exhibit "A". 2. The December 12, 2013, Rule, was served upon Defendant on December 18, 2013. 3. The Rule Returnable was to be answered within twenty(20) days of service, in the Office of the Cumberland County Prothonotary. As of January 15, 2014, no answer has been filed. 4. A copy of this Motion and proposed Order was mailed to Defendant, via first class mail on January 15, 2014. A certificate of Service is attached hereto. 5. Plaintiff requests that the Rule be made Absolute. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty(20) days or risk sanctions, pay fees in the amount of$100, as well as such other and further relief as the Court may deem just and appropriate. • .n ' . Mege, Esq. Attorney ID No. 8 288 Attorney for Plaintiff 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL • SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term vs. : CIVIL ACTION THELMA FISHEL, Defendant • IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION ORDER OF COURT AND NOW, this /A 64 day of Lc101,71a , 201,3 , upon consideration of Plaintiff's Motion to Compel, a RULE is issued upon Defendant to show cause why an order compelling Defendant to respond to the Interrogatories in Aid of Execution should not be issued. PLAINTIFF shall effectuate service of this Order upon Defendant. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. BY TH T, P'nM , 3. Distribution: Alan R. Mege Thelma Fishel • • \ Y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term • • vs. • CIVIL ACTION THELMA FISHEL, • Defendant CERTIFICATE OF SERVICE I,Alan R.Mege,Esquire,hereby certify that on January 15,2014,I served Plaintiff's Motion to Make the Rule Absolute mailing same,first class,post prepaid to: Thelma Fishel, 820 Lisburn Road, Apt. 710, Camp Hill, PA 17011. By: an R. Mege, Esquir Atty. I.D. #81288 Attorney for Plainti P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL • SYSTEMS, INC. • Plaintiff : No 05-5532- Civil Term vs. • -0 .r- --# : CIVIL ACTION THELMA FISHEL, : ccAr- r'�`, Defendant °c ORDER ---I to > AND NOW, this „„/a ay of L.i 4 &sail id , 2014, upon u: consideration of Plaintiff's Motion to Compel, and Defendant's response thereto, if any, it is hereby ORDERED that the Rule issued on December 12, 2013, is hereby made absolute and Plaintiff's Motion is GRANTED; IT IS FURTHER ORDERED that Defendant must make full and complete answers to the 1i interrogatories, without objection or motion for protective order, within twenty (20) days of the date of this Order or appropriate sanctions may be imposed upon Defendant following application to this Court. I . _• -- - . . . . , - . and• _ ' - - • • - - .. . S •• • .' ... on a : - . . .. : . -' - - ..• ! : : _ :. _ : • . .r a.. •• - . • `s may se imposes upon De endant o owing ap• . . • . BY THE COURT: , Judge Distribution: Al n R. Mege, Esquire, PO Box 1426, Bethlehem, PA 18016-1426 Egs mgvi teL 1ma Fishel, 820 Lisburn Road, Apt. 710, Camp Hill, PA 17011 02.3//V COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL _; SYSTEMS, INC. • - q Plaintiff : No 05-5532- Civil Term rn ? • cnr • : CIVIL ACTION THELMA FISHEL, >cr. "' ` Defendant - CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on January 27, 2014, I served a true correct copy of the Court's January 22,2014,Order by mailing same,first class,postage prepaid to: Thelma Fishel, 820 Lisburn Road, Apt. 710, Camp Hill, PA 17011. By: an R. Mege, Esquire Atty. I.D. #81288 Attorney for Plai 'ff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL -0 `-1 z SYSTEMS, INC.` Plaintiff : No 05-5532- Civil Term <nr (. ---- vs. : CIVIL ACTION THELMA FISHEL, -37 ef---� Defendant PLAINTIFF'S MOTION FOR SANCTIONS And now comes Plaintiff and submits the instant Motion for Sanctions, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $16,467.06 plus costs was entered in Cumberland County on December 20, 2005. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on October 11, 2013. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. After notice, a Motion to Compel was filed and an Order entered on January 22, 2014 requiring Defendant, within twenty(20) days, to make full and complete answers to Interrogatories. A true and correct copy of the January 22, 2014 Order is attached as Exhibit 5. As of May 8, 2014, Plaintiff has not received Defendant's answers to Interrogatories. 6. A copy of this Motion and proposed Order was sent to Defendant April 17, 2014. A Certificate of Service is attached hereto. 7. Counsel for Plaintiff sent correspondence to Defendant on April 17, 2014, seeking concurrence, and Defendant is unopposed. A true and correct copy of the correspondence is attached hereto as Exhibit "B". WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and Order that the Defendant shall pay a daily fine of $25.00 to the use of Plaintiff until Defendant complies with this Court's Order of January 22, 2014 and Defendant shall also pay $100.00 attorney's fees to Plaintiff within twenty (20) days of the date of this Order or appropriate sanctions will be imposed upon Defendant following application to this Court. -2- Alan R. Mege, Esq. Attorney ID No. 812 Attorney for Plai ' f PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. THELMA FISHEL, Plaintiff : No 05-5532- Civil Term Defendant : CIVIL ACTION ORDER AND NOW, this 42 dv4ay of lairt iva,441 , 2014, upon consideration of Plaintiffs Motion to Compel, and Defendant's response thereto, if any, it is hereby ORDERED that the Rule issued on December 12, 2013, is hereby made absolute and Plaintiff's Motion is GRANTED; IT IS FURTHER ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of the date of this Order or appropriate sanctions may be imposed upon Defendant following application to this Court. Iffik lo1 . .10. ; . - and 4 44 Alan R. Mege, Esquire, PO Box 1426, Bethlehem, PA 18016-1426 Thelma Fishel, 820 Lisburn Road, Apt. 710, Camp Hill, PA 17011 to,A014"P'1 on LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STREET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ Todd A. Johns, Esq. Of Counsel Thelma Fishel 820 Lisburn Rd., Apt 710 Camp Hill, PA 17011 RE: CFSI v. Fishel #05 -5532 -Civil Term Dear Ms. Fishel: (610) 954-5393 (610) 954-5395 FAX A1anM_Esq@juno.com April 17, 2014 You are in violation of the Court's Order of January 22, 2014, directing you to provide answers to the interrogatories. Because of this our office intends to file a Motion for Sanctions, a copy of which is enclosed. Please notify our office of your concurrance of same by May 1, 2014. If we do not hear from you by this time we will assume your concurrance. I appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. ARM/Ilp Very truly yours, Alan R. Meg coPY This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. ifo,101 I. " COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No 05-5532- Civil Term vs. CIVIL ACTION THELMA FISHEL, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on April 17, 2014, I served upon Defendant, a letter of concurrance, a true and correct copy of Plaintiff's Motion for Sanctions and proposed Order by mailing same, first class, postage prepaid to: Thelma Fishel, 820 Lisburn Rd., Apt 710, Camp Hill, PA 17011. By: an R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. vs. THELMA FISHEL, Plaintiff : No 05-5532- Civil Term Defendant : CIVIL ACTION ORDER AND NOW, this day of M / , 2014, upon consideration of Plaintiff's Motion for Sanctions, and Defendant's response thereto, if any, it is hereby Mid" cr. ORDS D that Pirr-�£.s,��n� u e.. L�' - 3 bi 0' l`10/Lf .JC,,:,0Q•AI.�. .SLR ILI R ERED that Defendant ) : -_ - . !.' lie use of iiatil-Doicant-ppl s -la t -e •_e e� c OU ming 3 BY THE COURT: rnrn X � cn cn < CD udge /Alan R. Mege, Esq., 70 E. Broad St., Bethlehem, PA 18018 Thelma Fishel, 820 Lisburn Rd., Apt 710, Camp Hill, PA 17011 c•_•� r_TC --G COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. vs. THELMA FISHEL, Plaintiff : No 05 -5532- Civil Term Defendant : CIVIL ACTION PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR SANCTIONS TO THE CLERK OF SAID COURT: Please withdraw the Motion for Sanctions filed in the above - captioned matter. Date: May 28, 2014 Alan R. Mege, Esq. Attorney ID No. 8128 Attorney for Plaintif P.O. Box 1426 Bethlehem, PA 1:016 (610) 954 -5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No 05 -5532- Civil Term vs. : CIVIL ACTION THELMA FISHEL, Defendant CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on May 28, 2014, I served upon Defendant, a true and correct copy of Plaintiff's Praecipe to Withdraw Plaintiff's Motion for Sanctions by mailing same, first class, postage prepaid to: Thelma Fishel, 820 Lisburn Rd., Apt 710, Camp Hill, PA 17011. By: n R. Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 -1426 (610) 954 -5393