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Home My WebLink About06-0415COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. CHARLES IMES, Defendant No.a-JU5 Civil Term CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND GAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE A CTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERV ED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNE YS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTI ONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YO U FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT M BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTIC FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM R RELIEF REQUESTED NY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPE RTY 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 TELEP ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 61dan R. M6ge, EX. Attorney ID N d. 81 88 Attorney for Plaintiff Law Offices of Ala 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 vs. CHARLES IMES, Defendant No.6L. - ylS CIVIL ACTION COMPLAINT Civil Term 1. The Plaintiff is Commonwealth Financial Systems, Inc. with an address of 120 North Keyser Avenue, Scranton, PA 18504. a corporation 2. The Defendant is Charles Imes ("Imes"), an individual with 0 address of 215 Seventh, New Cumberland, PA 17070. Count I - Breach of Contract 3. Defendant applied for and received a First USA E Trade credit card, account number 4417-1258-7019-4168. 4. Use of the First USA E Trade Platinum credit 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 E Trade Platinum credit card account number 4417- 1258-7019-4168 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to Defendant's use of the First USA E Trade Platinum credit card. 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 Chase Manhattan Bank CCR Partners ("Unifund") for valuable consideration and all rights under said to Unifund, whereupon Unifund sold the within account for valuable and all rights under said account were assigned to CFSI. A true and correct copy Bill Of Sale, and Affidavit And Assignment are attached hereto, made a part collectively as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon declare the entire unpaid balance immediately due and payable without notice 10. Pursuant to the terms of the Agreement, Defendant, is liable unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable costs and reasonable attorneys fees. 12. As of December 13, 2005, the balance due and owing Defendant was $13,833.43. 13. To the extent this pleading is considered an initial notified that unless you notify us within thirty days after receipt of this letter portion thereof, is disputed, we will assume that this debt is valid. If you do in writing within thirty days, we will obtain verification of the debt and mail it your written request within thirty days, we will provide you with the name and creditor if different from the original creditor. N.A. to Unifund mt were assigned to Plaintiff CFSl Fthe Bill Of Sale, reof and marked in payment, may demand. or interest on the r Plaintiff s court o Plaintiff from ucation, you are this debt, or any Fy us of a dispute you. Also, upon -ss of the original 2 WHEREFORE, Plaintiff, requests judgment in its favor and in the amount of $13,833.43 plus costs and interest at the rate of 14.99% per 13, 2005 as well as reasonable attorneys fees of $3,458.36 and such other and Court may deem just and appropriate. Count II - Account Stated 14. Plaintiff incorporates the allegations of every paragraph 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 by both parties. 16. The amounts due and owing to Plaintiff by Defendant are debt and arise from a preexisting account or course of dealing between the 17. This account is an Account Stated, thereby operating to over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and in the amount of $13,833.43 plus costs and interest at the rate of 14.99% per 13, 2005 as well as reasonable attorneys fees of $3,458.36 and such other and Court may deem just and appropriate. Count III - Quantum Meruit 18. Plaintiff incorporates the allegations of every paragraph the Defendant, from December relief as the above of accepted on a subsisting any dispute the Defendant, from December relief as the above of this Complaint as if said paragraphs were fully set forth here at length. 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 permitted Plaintiff to provide the aforementioned services and incur damages. 22. At all time material hereto, the Defendant was unjustly retaining the benefit of receiving said services without paying Plaintiff compensation. 23. By reason of the aforesaid unjust enrichment expense, an implied contract exists between the Plaintiff and the Defendant, obligated to pay Plaintiff the value of the services described above and in the hereto, in the amount of $13,833.43 plus costs and interest from December 13 , WHEREFORE, Plaintiff, requests judgment in its favor and in the amount of $13,833.43 plus costs and interest at the rate of 14.99% per 13, 2005 as well as reasonable attorneys fees of $3,458.36 and such other and Court may deem just and appropriate. By: 7Ctty. I.D. # Attorney for Plaintiff P.O. 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Caa/>avkMe+oa Pp.cm_'FM+a?C[ ?p+ru?we4anf?tel ?e ? +?rM. ?/'.?+I+4r' '?IlrnNfA?i?r/? ?..r? . 'n;a+?.L?a.'Gr M?a+f.a?WWw. _'Y'°?MMILMMVQ?I?Ml ? Sae ? Jsapu/jFyy}???? R °?ay:?wwl?irudaal'4Ta!?K eanan? a i "?°?` '? {"' R ? :.Fay IWaiidiJ?e x1161 ? ' ' .Sa y '/a r•niFArs'6` Iasi?ra>fK.Y:'?7atv4PN?Fnraaw?yd?rn `P?eFd^ . .rw+a+?u, i k..F ?. ry?tyhk ?WP?Lyt?.1."`#!F?+yx`M16FP'y.FMi4elc'ClFijwr(lyP INNe w a v a?yYia ua y?yt ? C' -'. i7i " ra _. Ma? . _ QtFaY yF ?+aae ice. • "Y/? /y'1?fY7':ilri y.?t?46i lV YtWp,?(WH HSA [qi am , m N It . ESS Vt- Ci 14j of a < tt ?; ?r a ?' w; a: d '; u!. ?; ?* P '1 EXHIBIT A BILL OF SALE Chase Manhattan Bank USA, N.A. (as successor through merger with B One, Delaware, N.A.) ("Seller"), for value received and pursuant to the terms and co ditions of Credit Card Account Purchase Agreement dated October 26, 2004 between Selle and Unifund CCR Partners ("Purchaser'), its successors and assigns ("Credit Card Account P rchase Agreement"), hereby assigns effective as of the Cut-off Date of June 15, 2005, al rights, title and interest of Seller in and to those certain receivables, judgments or evidences of d t described in Exhibit I attached hereto and made part hereof for all purposes. Number of Accounts 1396 Total Unpaid Balances $8,442,296.65 Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a re transfer to be received by Seller on June 21, 2005 (the "Closing Date") by 2:00 p.m. Seller's ime, as follows: JPMorgan Chase Bank ABA #021000021 Beneficiary Name: Chase Manhattan Bank USA,N,A. Beneficiary Account: #304-256420 This Bill of Sale is executed without recourse except as stated in the Credit Card A count Purchase Agreement to which this is an Exhibit. No other representation of or wan my of title or enforceability is expressed or implied, Chase Manhattan Bank USA, N.A. Unifun CCR rtners By: By: Date: June 21, 2005 Date: 2Z Title: Vice President Title tt 5ff uniFund Unifand CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms < Receivable Purchase Agreement by and among Unifund CCR Partners and Financial Systems ("Purchaser', dated as of September 20, 2005 (the "Agr hereby sell, assign and transfer to Purchaser all of its good and marketabl, clean of all liens, claims and encumbrances in and to the Accounts listed Schedule attached as Appendix A to the Agreement, without recours representation or warranty of collectibility, or otherwise, except to the exte Agreement Executed on SkVfW y W 2? UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner David Rosenberg CEO/Chairman For Unifund Use ONLY 21 Client # PID CID # the Accounts ement"), does tide, free and i the Account and without t stated in the State of Ohio ) County of Hamilton ) ss. AFFIDAVIT AND ASSIGNMENT Kim Kenney, being sworn, deposes and says that she is Media Manager of UNIFUND 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 CHARLES M IMES, Acct. #4417125870194168, SSN : 161606670, as of the 1130103, the amount of 510641.86. By the terms of the agreement between the defendant and the original reditor, interest is accruing at the rate of 14.99 percent per annum. Said agreement is hereby assigned, transferred and set over unto COMMONWE LTH FINANCIAL SYSTEMS with full power and authority to do and perform all acts necessary for he 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 contere aims or offsets against the said debt. Further, the undersigned acknowledges that in makin this assignment, the assignor has made a complete assignment of said debt and that COMMONWEAL H FINANCIAL SYSTEMS is now the owner thereof, and they have complete authority to settle, a just, compromise and satisfy the same and that the assignor has no further interest in said debt for an purpose. DATED this 3 day of Janes, 2006. By: Kim Kenney Address Subscribed and sworn to before me this 3 day of January 2006 by Kim Kenney Media Manager of Unif ind CCR Partners. My commission expires: t ?. Client # 448 F-010306-0084 NOTARY SEAL VERIFICATION I, Patricia Cobb. Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records Plaintiff in the foregoing civil action and that I am fully authorize to make this verification and that the facts set forth in the Complaint are and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject t the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. -1V106 ?W<,112? ?? I (/V 9 Date: PATRICIA COBB CFSI File No. ? 6 0 7 4 t 8 ca. w cry G' SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-00415 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS IMES CHARLES R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: MES CHARLES unable to locate Him in his bailiwick COMPLAINT & NOTICE but was He therefore returns the the within named DEFENDANT , IMES CHARLES STREET APT 1 NEW CUMBERLAND, PA 1707 DEFENDANT IS IN CHAPTER 7 BANKRUPTCY 57055 Sheriff's Costs: So answers. Docketing 18.00 Service 31.68 Postage .39 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 60.07 ALAN MEGE 01/27/2006 Sworn and subscribed to before me this 31AA-- day of atYUl. A.D. 0 Prothonotary NOT SERVED , as to Curtis R. Long Prothonotary office of the Protbonotarp Cumberlaub uCouutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q(Q - ?P5 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573