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Home My WebLink About05-6744 . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No.oS -I. '7IfY Civil Term VS. : CIVIL ACTION JOSEPH OSBORNE, 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 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, P A 17013 TELEPHONE (717) 249-3166 ~~;:~~-- ~~. Mege, Esq. 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.OS-V'NY Civil Term vs. CIVIL ACTION JOSEPH OSBORNE, Defendant COMPLAINT I. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 2. The Defendant is Joseph Osborne ("Osborne"), 3m individual with an address of 155 Hughart Road, Carlisle, P A 17013. Count I - Breach of Contract 3. Defendant applied for and received a First USA :\1astercard credit card, account number 5422-7020-0856-8404. 4. Use of the First USA Card was subject to the terms of the 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". 5. Defendant used the First USA Card account number 5422-7020-0856-8404 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to Defendants use of the First USA Card. A true and correct copy of account statements are attached hereto, made a part hereof and marked collectively as Exhibit "B". 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The within account was sold by First USA Bank, N.A. 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 Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and corre:ct copy of the Bill Of Sale and Affidavit And Assignment are attached hereto, made a part hereof and marked collectively as Exhibit "C". 9. 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. I O. Pursuant to the terms ofthe Agreement, Defendant, is liable for interest on the unpaid balance. II. Pursuant to the terms of the Agreement, Defend:mt, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of April 19 , 2004, the balance due and owing to Plaintiff from Defendant was $19,855.90. 13. To the extent this pleading is considered an initial communication, you are notified that unless you notifY us within thirty days after receipt of this 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 thirty days, we will provide you with the name and address of the original creditor if different from the original creditor. 2 WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of$19,855.90 plus costs and interest at the rate of23.99% per annum from April 19, 2004 as well as reasonable attorneys fees of$4,963.98 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. The within account was an account in writing and expressly or impliedly accepted by both parties. 16. The amounts due and owing to Plaintiff by Defmdant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 17. 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$19,855.90 plus costs and interest at the rate of23.99% per annum from April 19, 2004 as well as reasonable attorneys fees of$4,963.98 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 18. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 3 19. 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. 20. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 21. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 22. 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. 23. 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$19,855.90 plus costs and interest from April 10, 2004. WHEREFORE, Plaintiff, requests judgment in its [;lvor and against the Defendant, in the amount of$19,855.90 plus costs and interest at the rate of23.99% per armum from April 19, 2004 as well as reasonable attorneys fees of$4,963.98 and such other and further relief as the Court may deem just and appropriate. Count IV - Breach of Contract 24. Defendant applied for and received a First USA credit card, account number 4417-1222-6428-5439. 4 25. Use of the First USA Card was subject to the terms of the 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 as Exhibit "A". 26. Defendant used the First USA Card account number 4417-1222-6428-5439 for purchases, cash advances, and/or balance transfers. 27. Defendant was mailed account statements relative to Defendants use of the First USA Card. 28. The Defendant has defaulted under the terms ofthe Agreement by failing to make monthly payments as they became due and owing. 29. The within account was sold by First USA Bank, N.A. 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 Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale is attached hereto, made a part hereof and marked as Exhibit "D". 30. Pursuant to the terms ofthe Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 31. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 32. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 33. As of January 5, 2005, the balance due and owing to Plaintiff from Defendant was $11,703.13. 5 WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of$II,703.13 plus costs and interest at the rate of23.99% per annum from January 5,2005 as well as reasonable attorneys fees of $2,925.78 and such other and further relief as the Court may deem just and appropriate. Count V - Account Stated 34. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 35. The within account was an account in writing and expressly or impliedly accepted by both parties. 36. The amounts due and owing to Plaintiffby Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 37. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of$II,703.13 plus costs and interest at the rate of23.99% per armum from January 5,2005 as well as reasonable attorneys fees of $2,925.78 and such other and further relief as the Court may deem just and appropriate. Count VI - Quantum Meruit 38. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 6 39. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 40. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 41. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 42. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 43. By reason ofthe aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of$II,703.13 plus costs and interest from January 5, 2005. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of$II,703.13 plus costs and interest at the rate of23.99% per annum from January 5,2005 as well as reasonable attorneys fees of $2,925.78 and such other and further relief as the Court may deem just and appropriate. BY:~~ All!6-R::1l1ege, Es . Atty. I.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 7 ........ . . , . " . , ", ." , . ~~~ - :.:" ~.:c._:;.:-.:,;:' :~-" ;':;::'.:;r::.' . ~,~ I . New Balance .'11,617.60 . ;>.mounIEnclosed 1$ Pa~menl Due Date 01ll7!U2 Past Due Amounl $000 Minimum Payment $232.00 FIRST USA. statement for account number. 5422 7020 08568404 I MlfIe your chocllpayllllJetoflrsl USAllirlll, N.A. New address or e-matl?Pnrt on back. 542270200856840400023200011617604 FIRST USA BANK, NA P.O. BOX 15153 WILMINGTON DE 19886-5153 !198865153536! W J OSBORNE 155 SHUGHART RD CARLISLE PA 17013-9228 ! 170139228557! ~Ol6~8"1l81100llS6S.,*1" StatemenlDate: 11114101-12/13101 Payment Due Dale 01107.02 ~ CUSTOM:R SERVICE (inU,S.)ElO().9~.9':OO (o,.oogtdoulJ,dtU.S.) j.:;KJ2-5Q4BXlO (on&pu",~ 1.a88-~.33Ja (TOO)1.9:)().Q5I5-91J'10 MASTERCARD ACCOUNT SUMMARY Account Number: 5422 7020 0856 8404 Previous Balance (-) Paymenls, Credits (+) Purchases,Cash,Debits (+) Finance Charges ("') New Balance 511,756.49 $235,00 1000 $96,11 $11,617.60 Minimum Payment Due Total Credil line Available Credit Cash Access Une Available for Cash $232.00 $12,500 S88' $12,500 $882.00 ACCOUNT INQlIIFUES P,(J.Bo,,~~ W~m;nlO4"". DE1Q3IiQ-B05O PAYMENT ADDRESS PO.Bo,,~1~3 Wilminglotl,DE 19l~.01<'l3 VISIT US AT: _,ti..tu'~.ootn TRANSACTIONS Trans Date Reference Number Merchant Name or Transaction Description Amounl Credit Debit 11102 8541507AGOt5GHZkW PAYMENT - TH\NKYOU S235,OO Ca1egory Purchases Cash advallces Prom01ionalpurchases Prom01ionalpUlchases FINANCE CHARGES ally eriodic ate JOdaysin cycle 00299% 00299% 02736% .02737% orresponmg Zl.99% 22.99% 999% 9,99% PERIODIC RATE Average alY aance Previous Cycle Current Cycle $0.00 $0,00 $0.00 $0,00 $0.00 $10,095.00 $0.00 $1,614.09 AND APR S MAY VARY Total finance charges Effective Annuat Percentage Rme (APR): 9,99% Grace Period Type: A (Please WfJ back of statement for the GraefJ Period explanation) The Corresponding APR isthe rate of interest you pay when you carry a balance on purchases or cash advances The Effective APR represents your t01alfinance charges - including transaction fees such as cash advance and balance transfer fees-expressedasapercen1age FiNANCE CHARGES 5D.00 $0,[0 $8285 51316 -- $96.11 T1201053 GET $40 BACK ON YOUR CREDrT CARD PURCHASES WHEN YOU TRYTHE COMPLETE HOME SERVICE FOR 3 MONTHS FOR ONLY $1 CALL 1-888-349-4722 FOR DETAILS. SOME RESTRICTIONS MAY APPL Y GET 10% TO 50% OFF THOUSANDS Of ITEMS FOR YOUR HOMEI ALL WITH A2OD% LOW PRICE GUARANTEE! OFFER EXPIRES03-01-02 ENJOY AMERICA ONLINE FREE FOR 45 DAYS UP TO 1000 HOURS. NO RISK FREE TRIAL. CALLAOL TODAY FOR MEMBERSHIPDETAJLS 1.800-33:3-1985 HEALTHY pms- HEAlTH INSURANCE FOR CATS AJ\JD DOGS SUBJECT TO POLICY ElIGIBIUTY, TERMS AND EXCLUSIONS. TO APPLY CALL AMERICAN BANKERS INSURANCE COMPANY OF FLORIOAAT 1-866-640.{l114. NOT INSURED BY THE FDIC OR OTHER FEDERAL GOVERNMENT AGENCY, NO BANK GUARANTEE, NOT AOEPOSIT. T1201054 T1201168 This Statement is a Facsimile - Not an Original S6311 0000 USD eoo? 9 1111213 h.9"e 1 o~ 1 141'10 7020 A059b6 011;S5630 00000000 J" ,( (Z) - Past Due Arnount Minimum Payment $1,993.00 $2.33800 I M*eyour ttleck payable to First USA Bank, N.A. New address ar e-mail? PrlJ1 on back: FIRST USA. Statement for account number. 5422702008568404 New Balancll 113,810.45 AmountEnclosed 1$ PaymenlOue Dale 08'o9,r{)2 542270200856840400233300013810457 FIRST USA BANK, NA PO, BOX 15153 Vv1LMINGTON DE 19886.5153 !198865153536! WJ OSBORNE 155 SHUGHART RD CAAlISLE PA 17013-9228 ! 170139228557! ":IOOOI6crnl"()B.:Jl)OU684041~ SlatemenlDate PaymenlDue Dale: Minimum Payment Due 06/14ftJ2.071151lJ2 [8,{]9.02 $2,338.00 CUSTOMER SERVICE In U, S. '-000-955.9900 Espal'ioll-88B.446.3308 TOO '-800..955-8060 Outside U,S. can collect ,.3)2-594-8200 MASTERCARD ACCOUNT SUMMARY Accou nt Number: 5422 7020 0856 8404 Previous Balance $13.425.09 Total Credit Line $12,000 Payments. Credits . l(JOD Available Credit $0 Purchases, Cash, Debits + $64.00 Cash kcess Una $12,000 Finance Charges +$321.36 AVClilable for Cash $0 NB'WBalance 513,810,45 ACCOUNT INQUIRIES P,O.Bu~ w~""'~o.,[)E1119"HIe50 PAYMENT ADDRESS P.O.Box~15a Wjminlll"".[)E'~.~l53 VISIT US AT: _,fitst......o... TRANSACTIONS Trans Dale Reference Number Merchant Name or Transaction Description Amount Credit Debit 07115 07115 07115 OVER 1I Mil FEE LATE ~ cc ~HNt>NCE CHAAGc~ 29.00 3500 32136 FINANCE CHARGES Ually l-'erlOdlc Kate l.:orrespondmg API-( Ca!egory 32 days in cyde Purchases 07395% 26,99% Cash advances 07395% 26.99% PERIODIC RATE(S) AND ADR(S) MAY VARY Average Ually t1alance Previous Cycle Current Cycle $000 $13,580.11 so 00 $0,00 FINANCE CHARGES $321,36 $0,00 Total finance charges $321.36 EffectiveAnnullll Percenlage Rate (APR): 26.99% Grace PeliQd Type: A (PJea89 ooe back of statement for/he Grace Period explanation) The Corresponding APR is the rale of interest you pay when you carry a balance on purchases or cash advances The EffecliveAPR represenls your IOlal finance charges- including Iransaction fees such as cash advance and baICln.;e Iransfer fees. e~pressed as a percentage This Statement is a Facsimile - Not an Original 5630 0000 U5t> eoo 7 51 020715 IXPaq_ 1 of 1 14\10 7020AQ5!l66 01(;55630 New Balance som AmounlEnclosed ($ PaymenlOue Dale 08!2SAJ2 Past Due Amount $000 Minimum Paymenl $0.00 FIRST USA. Statement for account number: 54227020 08566404 I MlMoyour rnedl" p~b1e 10 FIr~ USA Omit, N,A. NeWadQl~Ol~rnal\'lPrlrtonbat;K 542270200856840400000000000000003 FIRST USA BAJIlK, NA PO. BOX 15153 'MlMINGTON DE 19886-5153 !198865153536! WJ OSBORNE 155 SHUGHART RD CAAUSLE PA HO\3-9226 ! 170139228557! "'5OO01~02e"08220oej0640'7< Statemef\\Oale Payment Due Dale: Minimum Paymenl Due Q7J16'{\2-07f3'1iJ2 08125.02 $000 CUSTOMER SERVICE In U,S 1-000-955-9900 Espar'ioI1-88S-446-330E1 TOO 1 -800-955-B060 Outsid!!US, callcoll!!ct 1-302-594.8200 MASTERCARD ACCOUNT SUMMARY Account Number: 54227020 0856 8404 Previous Balance $ 13,810.45 Total Credilline $ 12,000 Payments. Credits . $13.810,45 Available Credit $0 PLJrchases, Cash,Oebils + SO,OO Cash .Access Une $'2.000 Finance Charges + $000 Available fOl Cash $0 New Balar'lce $000 ACCOUNT INQUIRIES P.O.90,,~~ Wi"....,1JI0f1,t>E1~"".e~ PAYMENT ADDRESS P,O, 90x 1~153 \lIt~",",\ll"""O"E \~e~~ VlSITUSAT: _.fi..tu...com TRANSACTIONS Trans Date Reference Number MerchantN,gme or Transaction Description Amuunl Credit Debil Q7/31 07131 n~eOO~~OOO99990 F14800OK4(1Q9g9990 CHARGE OFF ACCO\.JNT.PRINC1PAlS CHARGE 01-1- ACCUUN I ~FINANCE CHARGES 11.521.49 2,28896 26.99% 2699%' PERIODIC RATE erage aily aar'lce PrBVious Cycle Current Cycle $0,00 $0.00 W,OO $O.ill AND APR S MAY VARY Category Purchases Cash advances FINANCE CHARGES al'l ef/odlc ale 16 days In cyde 07395% 07395% orreSpOr'llr'lg FINANCE CHARGES $0.00 $om Tolal finance charges SO 00 Effllcti'l6 Anm,u" PeI"cel\\llge Rm.e {'!'PR): KIA. Grace Period Type: A (Please!:ee back of slaremeTlt for the Grace Penoo explan8lion) The CorrespondingAPR is the rate of interest 'Iou pay when '1~\J call,! a balanr:e Or'l purcnases or cash advar'lces The Effective APR represents your lotal finance charges - includir'lg transaction fees such as cash advance ar'ld balar'lce transfer fees-expressed asa pefcentage This Statement is a Facsimile - Not an Original 50::30 0000 uS!:> 800 S, 020731 ZXPa9_ 1 of 1 1480 70Z0'-O$%6 01CS563O uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the tenus of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of December 8, 2003 (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 oth rwise, except to the extent stated in the Agreement. (JI pe, 1fj t)~ Executed on UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Pa r By David Rosenberg President For Unifund Use ONLY 14 Client # PID cm # I,C..... Stine of 6hiO ) County of Hamilton ) ss. AFFIDAVIT AND ASSIGNMENT Jessica Bergholz, being sworn, deposes and says that she is Media Sup1ervisor 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 W J OSBORNE, Acct. #5422702008568404, as of the 07/31/02, the amount of $13810.45. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 23.99 percent per armum. 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 belief there 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 ,ilL 1'7/ t day of i (jj , 2004. d UNIF~t~ PARTNERS By: Jessica Bergholz Media Supervisor Title 10625 Techwoods Circle. Cincinnati. OH 45242 Address Subscribed and sworn to before me thiS~daY of. JU; A/1,2004 by Jessica Bergholz Media Supervisor ofUnifund CCR~. My commission expires: Client # 448 NOTARY SEAL .' "".,. ~~~i~~{~" "::; ",~.. ." "~-\' . ".~,.,'. /0/_'-'" "/,;:''''''' '" ''''i'.'' .~\y- 2.... ;-c;:-'.1tE\'-' :: ~~.~ I,: ~*_~ . ;*t -:::~ .~/ / ~'- r' . ","'--- ,'.' ""~ 14rt ~-:"c)'~\'J,.;' """,,,:,,~,t,,,,.\""" All rUMN HOPKINS. Nolarv Public In 3,..,(j tor IhB Slale of Ohio MV CumrnlSs;on Explfes July 18.2007 F -042904-0084 uniFund U nifund 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 December 8, 2003 (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 rc:presentation or warranty of collectibility, or ot rwise, except to the extent stated in the Agreement. (j1 pe 1rj [)~ Executed on UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General P r By David Rosenberg President For Unifund Use ONLY 14 Client # PID CID # {lp\A 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 Compllaint are true and correct to the best of my knowledge, infonnation and bl~lief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. ll(l'[(OS- Date: ',(j{p{ PATRICIA COBB ?'?It / /26 9'fu CFSI File No. II UI "ij3 XJ 0 ill. tt- ~ U( <> '"', .Ul c,,~ 1".:-::1 <> (.'J ':,.-1 -n - W 0 ..... 8 ~ rJ( r~'l ~-T1 "'J () C'J ,<1;::::.:. ..t r,) en -.1 ,) ~ 0J ~ , ,;1 \.... ::ii: D (-') en 1:- -' COMMONWEALTH FINANCIAL SYSTEMS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 05-6744 Civil Term JOSEPH OSBORNE, Defendant CML ACfION PRARC'TPR TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the attached Chapter 7 Voluntmy Petition in Bankruptcy, of William J. Osbome, Jr., to the above-referenced term and number. ~~h~ Joseph B. SoJ:jel Attomey for Debtor I.D. No. 17715 ~ P.O. Box 828 Harrisburg, PA 17108 (717) 234-2200 Page 1 of 1 Subj: Ch-7 1 :06-bk-00055 Voluntary Petition (Chapter 7) - William J. Osborne Date: 1/16/20067:44:09 PM Eastern Standard Time From: PAMB_LiveDB@pamb.usC9!lrts.aov Reply-to: pambecLhelpdesk@pamb.uscourts.aov To: PAMB_LiveDB@pambusc()urts.aov Sent from the Internet (Details) '''NOTE TO PUBLIC ACCESS USERS'" You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.S. Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing The following transaction was received from Sobel, Joseph B. entered on 1/16/2006 at 7:35 PM EST and filed on 1/16/2006 Case Name: William J. Osborne Case Number: 1 :06-bk-00055 Document Number: 1 Docket Text: Chapter 7 Voluntary Petition. Filing fee due in the amount of $ 274.00 Filed by Joseph B. Sobel on behalf of William J. Osborne Jr.. (Attachments: # (1) OSBORNE - Credit Counseling Certificate) (Sobel, Joseph) The following document(s) are associated with this transaction: Document description:Main Document Original filename:C:\BKMD_pdf\OsborOOO.pdf Electronic document Stamp: [STAMP bkecfStamp_ID=1 009835235 [Date=1/16/2006] [FileNumber=2705902-0 I [46036b0180b27 c77130bae21f329f70d480c29324f2350bad802211650fa6e7e3e9 94f37fb8c19879cbf8762754170a4f1 07c6d021 fc9c6c65111 a95faf2b001]] Document description: OSBORNE - Credit Counseling Certificate Original filename:C:\BKMD_pdf\OSBORNE - Credit Counseling Certificate.pdf Electronic document Stamp: [STAM P bkecfStamp _i D= 1009835235 [Date= 1 /16/2006] [Fi leNumber=2705902-1 ] [1b9a153dfb5e236808507be001f57878bcc97239ccceaea92a8fffa43e77257fb23 9bea41 d98fOe6fe508762e26c770e287ad75f7e76be7619fOb7a18d1 c7555]] 1 :06-bk-00055 Notice will be electronically mailed to: Joseph B. Sobel DebtEnds@aoLcom, ojociemens@aoLcom United States Trustee ustpregion03.ha.ecf@usdoj.gov 1 :06-bk-00055 Notice will not be electronically mailed to: Monday, January 16,2006 America Online: Debtends (Official Form I) (10/05) United States Bankruptcy Court Voluntary Petition \1iddle District of Pennsylvania :\umc of Debtor (if indIviduaL enter Last. First. lv1iddlc): Name of Joint Debtor (Spouse) (Last, First. Middle): Osborne Jr, "/illliam.J All Other Names used hy the DehlOr in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, m:lidcll, :lIld trade names)" (include married, maiden, and trade names)" Joseph Osborne, Arl~n Toolworks Last four digits of Soc. See. '\10. / Complele FIN or other Tax 1.0. Ko. Last four digits of Soc. Sec. No, / Complete EIN or other Tax LD. Ko. (if (ifmorc than one, stall' all): more than one, state all): 1478 Street Address of Debtor ('\0. & Street. City, and Slate Street Address o1'10in1 Debtor (No, & Street. City, and State): 155 Shughart Road Carlisle, P A IZlPCODE I ZIPCOOE 17013-9228 County ofRe~idcnt:e or of the Print:ipal Place or Husiness: County of Residenee or of the PrinCIpal Place ofSusiness: Cumberland Mailing Address or Debtor (if difrcn:nl li"om strecl address): Mailing Address of Joint Dcbtor (i J- dl Derent from street address): fZIPCODE IZIPCODE Location ofPrinciral Assets of 8usiness Debtm (ifditli::rent from street address above): 155 Shughart Road Carlisle, PA I ZIPCODE 17013 Type of Debtor (Form of Or galli/. .at ion) "lature 01 Busmess Chapter or Section of Bankruptcy Code Under Which (Check all applicahle boxes) (Check one box) 0 I [ea1th Care Business the Petition is Filed (Check one box) 0 Individual (includes Joint Debtors) 0 SlIlglc Asset Real Estate as 0 Chapter 7 0 Chapter 11 0 Chapter 15 Petition for Recognition 0 Corporation (includes LL( and LLP) dctined in II U.S.c. ~ 101(51B) 0 Chapter 9 0 Chapter 12 of a Foreign Main Proceeding 0 Partnership 0 Railroad 0 Chapter 1 ~ 0 Chapter 15 Petition for Recognition 0 Strckbroker 0 Other (If debtor is not one of the ab,lve 0 Commodity Broker of a Foreign Nonmain Proceeding entities, check this box and provide the information requested beluw.) o Clearing Bank Nature of l)ebts (Check one box) State type of entity: 0 Nonprotit Organization qualified 0 ConsumerlNon-Business 0 Business ---~--~----------- under 15 USe. S 501(e)(3). Filin~ Fee (Check one box) Chapter 1\ l)ebtors 0 Full Filing Fcc Attached Check one box: 0 Filing Fcc to be paid in installments (Applicable to individuals only). Must 0 Debtor is a small business as detined in 11 U.S.c. S 101(510). attach signed applil'ation for the l'ouI1's consideration certifying that the debtor 0 Debtor is not a small business as dctined in 11 U.S.c. S 101(5ID). is unable to pay iCe except in installments. Rule I 006(b) See Official Form 3A ----- - -- -- -- ----- -- 0 Filing Fcc w:livn requested (Applicable to chapter 7 individuals only). Must Check if: attach sigm:d application for the cou!1's coosider:J.tion. See Official Form 3B. 0 Debtor's aggregate noncnntingent liquidated debts owcd to non-insiders or affiliates are less than $2 million -------------------------------....-----....---- ------------.--.....,.........--............. Statistical/Administrative Information TIllS SPACE IS FOR COCRT USE ONLY 0 Debtor estinlillcs that funds will hc availahlc Illr distrihlllion (0 ul1~ured creditors. 0 Debtor estimales lhat. after illlY exempl propl'rly is excluded and administrative expenses paid, there will be no funds available fl)r dislrihulion lu Ullsl'cured creditors - -.. - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - -.... - - - - - - - -.... - - - - - - - - - - - Estimated Number of ,- so- 1011- 1110- I JlOO. S.OO]- 10,001. 25,00]- 50,001- OVI-I{ Creditors 49 ()l) I(N ()()') 5.000 ]0,000 25,000 50,000 10IJ.OOO ]OOJI()O 0 0 0 0 0 0 0 0 0 0 Es-ti-;n~ted A~s~t.s - - - - ~ - - - - - - - - - - - - - - - - - - - - . . . - - - - - - - - . . . . . - - - - - - - - . . . . - - - - - - - . . snto S51).()()]lu SIIlO.IlOllo S'iOII.llllllo SI,OOO,OOlto SI0,000,00\ to ssn,OOO,OOl to MorcthaJl . S50,()O(j s]on.ooo SS1)031(1I) SlllIi!li(\1I SIOmillion SSOmjJIion SIOOmillion SIOOmillioll , 0 0 0 0 0 0 0 0 , . - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - ~. - - - - - - - - -...... - - - - - - ~.... - - - - - - -- . . Estimated Debts . SIO,OOO,nol to S50,OOO,Otllto . SOto S50,01l11(\ SIO(J.(lOllo SS()O.OI)!lo SI,()OO,OO] to MUf<' than , S50.000 S]I)O,O(II) S-";I!()J)(III Slmillion S]Omillioll S50millioll SWOmillion SIOOmillion , 0 0 0 0 0 0 0 0 , , . .............................-....-..............................._..~......_-_..__...........- . (Official .-orm I) (1010') FORM 81, Page 2 Voluntary Petition Name of Debtor(s): Willliam J Osborne Jr (This page /lllIsf Iw ('olJl/lli-lnl (lIul/lled ill ('\'iT\' ClI.W) Prior Bankruptcy Case Filed Within Last 8 Years (If more than one. attach additional sheet) Location Case Number: Date .Filed: \Vhere Filed" NOM: Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date .Filed: ~()~E District: Relationship: Judge: Exhibit A Exhibit 8 (To be completed if debtor is required to file periodic reports (To be completed if debtor is an individual (e.g., forms )OK and IOQ) ",..ith the Securities <lJld Exchange whose debts arc rrimarily consumer debts) COlllllllSSIOIl pursuant to SectIon 1_" or 15(d) of the Securities 1, the attorney for the petitioner named in the t{)regoing petition, declare that Exchange Act of 1914 and is reque-;ting relief under chapter 11 ) 1 have informed the petitioner that [he or she] may proceed under chapter 7,11,12, or 13 oftitlc 11, United States ('ode, and have explained the relief available under eaeh such chapter. I fiuiher certify that r have delivered to the debtor the notice required by ~ 141(b) of the Bankruptcy Code. 0 Exhibit A is attached and made:l p~lli nfthis petition. X Not Applicable Signature of Attorney fl.)]" Dehtor(s) Date Joseph 8 Sobel 17115 Exhihit C Certification Concerning Debt Counseling Does the dehtor own or have pns-;c~si(ln nf:m:y property that poses by lndividual/Joint Debtor(s) or is alleged to pose a threat of imminent and identifiable harm to 0' l/we have received approved budget and credit counseling during the public health or satety'_' 180-day period preceding the tiling ofthis petition. 0 Yes. and Exhihit C is attached and made a pm1 of this petition. 0 l/we request a waiver of the requirement to obtain budget and credit 0' No counseling prior to filing based on exigent eircwnstances (Must attach certification describing.) Information Regarding the Debtor (Check the Applicable Boxes) Venue (Check any applicable box) 0' Debtor has been domiciled 01 has had a residence, principal place of business, or principal assets in thi-; District t()r 180 days immediately preceding the date of this petition or for a longer part of such 1RO days than in any other District 0 There is a bankruptcy case concerning debtor's atliliate_ general partner, or partnership pending in this District. 0 Debtor is a debtor 111 a fiHcign proceeding and has its principal place of business or principal assets in the United States in this District. or h:1S no principal place of business or assets in the United States but is a defendant in an :lCtiot\ or proceeding [in a tederal or state court] 1ll this District, or the interests of the parties will be served in regard to the rcliefsought in this Distrid. Statement by a Debtor Who Resides as a Tenant of Residential Propert~ Check all applicable boxes. 0 Landlord has a .iudgment agaltlst the debtor for possession of debtor's residence. (If box checked. complete the tollov..ing). (Namc of landlord that obtained judgment) (Address of landlord) 0 Debtor claims that under :lpplieahk non bankruptcy law, there are circumstances under which the debtor would be permItted to cure the entire monetary debult that gave rise to the judgment for possession, after the judgment fi)r possession was cntered, and 0 Dehto)" 11;ls ltlcluded in thi~ petition the deposit with the court of any rent that would become due during the _"O-day period after the tiling of this petition. (Official Fonn 1) (10/05) FORM 81, Page 3 Voluntary Petition Name of Debtor(s); Willliam J. Osborne, Jr. (This page must be completed and.filed in every case) Sianatures Signature(.) of Debtor(.) (Individual/Joint) Signature of II Foreign Representative of II I declare under penalty of perjury that the information provided in this R<<ognized Foreign Proceeding petition is true and correct. I declare under penalty of perjury that the information provided in this petition tIfpetitioner is an individual ",nose debts are primarily consumer debts and as chosen to file under cha~ler 71 I am aware that I may proceed under is true and correct, that I am the foreign representative of a debtor in a foreign chap-ter 7. II, 12 or ) 3 of tit e 11, United States Code, understand the relief main proceeding, and that I am authorized to file Ihis petition. A certified copy available under each such chapter, and choose to proceed under chapter 7. [Ifno attorney represents me and no bankruptcy petition preparer sir;s the of the order granting recognition is attached. ~titionl- I have obtained and read the notice reqUired by S 342(b) 0 the ankruptcy Code I request relief in acwrdance with the chapter oftitlc 11, United States Code, .peCifiedinthi~~ X (AJ ~ -.I. . X Signature of Debtor WiIIliam J. Osborne, Jr. X Not Applicable (Signature of Foreign Representative) Signature of Joint Debtor Telephone Number (Ifnot represented by attome;) (Printed Name of Foreign Representative) ] -] 6 06 Date Date ~ /L A. -zigna(- n~ ney X ~ Signature ofAttomey t{)r Deht~s) Josepb 8 Sobel, 17115 SigDsture of Non-Attorney Petition Preparer Printed Name of Attorney for Dehlor(s) I Rar No I declare under penalty of perjury that: I) I am a bankruptcy petition preparer as defined in 11 U.s.c. 9 110; 2) ] prepared this document rorcompensation Law Office. Joseph 8 Sobel and have provided the debtor with a copy of this document and the notices and Finn Name infunnation required under II U.S.C'. II IIO(bl. 11O(h). and 342(h); and. 3) ifrules or guidelines have been promulgated pursuant to IllJ.S.C.~11O setting a maximum fee PO 80. 828 Harri.burg, P A 17108-0828 for services chargeable by bankruptcy petition prepares, I have given the debtor notice Address of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor. as required in that section. Official Form 198 is attached. (717) 234-2200 (717) 234-2211 Not Applicable Telephone Number Printed Name and title. ifany. of Bankruptcy Petition Preparer ] -16 06 Date Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have h~n authorized to file this Address petition on behalfofthe debtor The debtorrequests relief in accordance with the chapter of title II, United Not Applicable States Code, specified in this petition. X Not Applicable Signature of Bankruptcy Petition Preparer or officer, principal, responsible X person, or parmer whose social security number is provided above. Signature of Authorized Individual Names and Social Security numbers of all other individuals who prepared or assist~ in preparing this document unless the bankruptcy petition Printed Name of Aulhorized Individual preparer is not an individual: Ifmore than one person prepared this document, attach Title of Authorized Individual additional sheets conforming to the appropriate official form ror each person. A bankruptcy petitionpreparer 'sJailure 10 comply with the provisions oJlitle Date } J and the Federal Rules oj Bankruptcy Procedure may result in fines or imprisonment or both 1 J u.s.e .9110: 18 U.s.c. 9156. (,~RTTFTrATR OF "RRVTC'R I hereby certify that on the 17th day of January, 2006, a true and correct copy of the foregoing Praecipe to Enter Voluntaly Petition in Bankruptcy, was served upon the Plaintiff Commonwealth Financial Systems, Inc., by mailing same by United States Mail, First Class, postage pre-paid, to its attorney of record at the following address: ALAN R MEGE ESQUIRE LAW OFFICES OF ALAN R MEGE PO BOX 1426 BETHLEHEM PA 18016-1426 ~g.~ Joseph B. Sobel Attorney for Debtor William J. Osborne, Jr. J.D. No. 17715 P.O. Box 828 Harrisburg, PA 17108-0828 (717) 234-2200 Z' -i-i , ..~ "..\ cJ - " ,) _..J SHERIFF'S RETURN - REGULAR CASE NO: 2005-06744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS OSBORNE JOSEPH RONALD HOOVER Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OSBORNE JOSEPH the DEFENDANT , at 1038:00 HOURS, on the 29th day of December, 2005 at 155 SHUGHART ROAD CARLISLE, PA 17013 by handing to JOSEPH OSBORNE 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 Postage Surcharge So Answers: 18.00 4.80 .37 10.00 .00 33.17 b~ ..,.,.<",..-,. _?"';k~~ .. .-"/ R. Thomas Kline 12/30/2005 ALAN MEGE me this "" 11- day of By: CiZ&Z-)L-/ Deputy SJ:-(eriff Sworn and Subscribed to before 7X;~ A.D.