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HomeMy WebLinkAbout06-0756COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.UI.-79LCivil Term vs. PATRICIA MCBRIDE, Defendant CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED 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, PA 17013 TELEPHONE (717) 249-3166 R. Mege, E Attorney IF) 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 Nod. Civil Term vs. CIVIL ACTION PATRICIA MCBRIDE, Defendant COMPLAINT 1. 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 Patricia McBride ("McBride"), an individual with an address of 6 Stephen Rd., Camp Hill, PA 17011. Count I - Breach of Contract 3. Defendant applied for and received a Citibank Smith Barney Platinum Select credit card, account number 4339-0990-0439-1377. 4. Use of the Citibank credit card was subject to the terms of the Citibank Card 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 Citibank credit card account number 4339-0990-0439-1377 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to Defendant's use of the Citibank 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 Citibank (South Dakota), 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, Assignment And Assumption Agreement, Bill Of Sale, Affidavit And Assignment, and Affidavit For Chain Of Custody are attached hereto, made a part hereof and marked collectively as Exhibit .,B„ 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. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff s court costs and reasonable attorneys fees. 12. As of December 15, 2005, the balance due and owing to Plaintiff from Defendant was $10,407.02. 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 in writing within thirty days, we will obtain verification of the debt and mail it to you. Also, upon 2 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. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $10,407.02 plus costs and interest at the rate of 20.24% per annum from December 15, 2005 as well as reasonable attorneys fees of $2,601.76 and such other and further relief as the Court may deem just and appropriate. Count 11- Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. 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. 16. 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 $10,407.02 plus costs and interest at the rate of 20.24% per annum from December 15, 2005 as well as reasonable attorneys fees of $2,601.76 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. 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. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 21. 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. 22. 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 $10,407.02 plus costs and interest from December 15 , 2005. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $10,407.02 plus costs and interest at the rate of 20.24% per annum from December 15, 2005 as well as reasonable attorneys fees of $2,601.76 and such other and further relief as the Court may deem just and appropriate. By: R. Mege, Es ' e Atty. I.D. #81 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 CITIBANK CARD AGREEMENT This Aereemeni and the folder containinc the :arc are your Citibank Card Agreement. ine folder conniris important accouni information, Inducing to=_ annuai peeef:4e rate a.no the amount of ant' mamoersnlp fee. Please recd and keep the folder and this Agreement for your records. lo sirr iifv the rest of this Agreement for you. the iollovimg definitions will apply. The words you. ,your and your mean the person responsible for this Agraemen:. to wrlDrn vie diren the billing statement. The word card means '• one or more cards wnich we hays issued with your account number. The a wards we. us, and cur mean Cltihank (South Dakota}, N.A. The voords Ci6banir cnecks mar, one or more cnecks t`at Ire may provide to access ' vour Citibank card account. Thi; Aoreemerb is bindine or, you unless you cancel vour ac:oum within 30 days aCer receiving the card and you have not t; used of aumorizad use of vour account. Using Your Account and Your Credit Line: i. The carC mus; be signed to be user. Ycoi In nal cred'a line appears on the folder coniairi the card. A ?onion of vour credit line, callec the cash advance fimn, is available for cash zdvance:. At our discretion and at any time. we may cranoe your credit line or casa advance limit. We will notri + - - voc I: we do. eitns oy maii or wrough a billing statement sen! either before . or aher he chance takes affect.'fou may redues a change to vour credit ims or czsn advance ?Imn ov comatang Customer Service oy ie!epnone or mail. i he ful mouni ^- our credit line a4iable to buy or !ease goods or service wn e e th card is noncred. Your cash advance limit is avaii201e for cash tnrougn amv bank or automated teller machine that accepts the card or ov using Cibcank cnecks. The mtal amount charged on your account. ,', .. .. .. . inclLdirg _ ur sses 'prance Dana 2 t asf ad anc es, finance cnaroec i'S o, ctre, 2 m ' atwz"s -mair be.oa' your credit line. However, if that tgra amour: e,aeecs vcur line You musl still paq us. Additional Cards: you mar, recoest aocition?i cards on vour a::our: for Yourself or others and VOL rha.' 3er11: an they person :: nave a:Ce2: td the card d; account aumoe'..'.J`rld;er. ! vru ^-C. 4ou must p'o'i 25 ion zh gr:-argas mace by Inc— - ersora, c d:ng c. -s ;c: ;hlcn ycu m=-v no; nave Intancec tc be resd Dns!d!= emus; ncim, us is re:•oF.e '=rm;c2'or for 2n`r per°CG vp ? anoiner orA'AOUSI': AL'i7C ill'd iL use :'oU' If /oL' tell UC to revd!le -_r50n ;; Uce o'r :'cOr 2c_-%n: V- T.a? ctcse t.`.L account and Issue a rlev,'' car, c: cares I,vnn a CEie:es'. 2°00: number ,cu are resocnstble for [na -:e ci each :arc Issuer on vour accoun: accoroinc is the terms of this er=r. Mem?ersnip Fee: -n5 I9:cer :31 ,.:.,c Ind!i.'.e :.;.,,...-' VoU7 c:cgUn: Ic suCle:'': ..,e. - .:. - -e c.., I. ,r: oU cnzsa cal2n, ,. a':: Ir ?cr- ?_r-alr r 2 F5 E- E J' > =O r, o -=r = -7 5 zR Be E: rb 'D F- - - _ = =--mac = CD (J F; - =J - S' __ _ cq ° N p O o , _ F- -n= _ CF - -as L;.? S=I-_ =? ===ac c_o 0 - to =_=c` f`.' _ _ _ =c cz- n__ -- .. F :R E: CD _.O f's r'-- L tL FE = coG c'=_=? _ =F ° p J N KN? <or <cv-fC a` __ -_ S- = I :v= -- _ _- c _ c 1 F - ? Cv K - ^. r G K L. - Citibank Checks: -dt0an'6 sreVS r.a} C_ .S3d la Durchdse roods and Evi:-es or is ^_d tan ca.-in, uO Ic Ine amour. of a+afaGle case ao?ral iimrt urles: ma' 3rracn! •,vdl cease fne balance to ex.eec four credit hirl We hill treat CluGank cneVc as a CYG advaP:e and Cnarce Inem agains: yoW Ca En aavance ;bmlt. Cacn Cinga0'C .,._,Y. mull de in the Orr "It nave issued and must :! ise, according to ar;u . s;ruc:ons :ve grve'roL "lloank .n!Cks Gav cs used cnr; b•: me carsar. ;rt,.._ name is onntea an :rzm. Gvetn;•..ne>_ s maY riot at usaG ;o oaar anamour ov, ec to us unoer :his c-- anv gtner ; ifmank C v. Agieel We vlill?net certirr 11W C roar?. cne:as. no: will we return paid Cw-.anr chorea. Returned Citibank Check Fe r'rr= crW add c S2S gee :c is case avance oalance if rae decline !c now z CIIIOani, :reci:. l --:me to rivor a (,JCLaol: Cntd7. '.I. ia: eXamos, ire or o'eocVlme, it you oeraul:. c you aid not comoiy will. au! instructions regarding fie cneg,, ii your tie:?r; -as Goon closet. Or j; the :ard has Explret. Stor Payment =ee: W=, zrlP, aid S25 gee :c'.r.=, gist advance oafarce :,ihen payment ar a Citibanz :Pace is stopped at'rdu, reouest Pbu may step Gavmen: on a Citibank check oy now, 'in, us in ardlnc Ea; 55CC Sioux ? tills. Soutn Dakota 57117 or'ov :alhng us 3; the ieleoncne harm' hstet On, 7n_ bililnc staleC. If you call, you mus: Confirm Its call m wv !mg wiinin 16 day. A wrinen stop caymenl aide, will rernam in :!ter: for sly month: unless renewed in writme. Once a g ,zrge is mad; i'.rouoc ;ne use of the card or 3c:oum purl we canncl `croe oavmEnf' ,n the charge. If Inere is a dlsou:- involving a charge on ettdun: D!aece e_. „the setron entiti=.C "wna. is Dc It There's At Bror IP rP:C VIII`. _ cst or Stolen Cards. Account Number or Citibank Checks: sn^ :orb acccur- %. ccr 3r Cliiaani: -Pecs, i, Jos: Or i:men e: ii •reu !oil se v rrsm '.vrwn ;CU' carm'SSlOr ngtrr us a! ante oa a-u:ng ire fe;eonene %sor sdown on lit oal:no sa:amen'. or :nc numosr 7m:ai;V cr Iona'!'-^reC¢Fr AdEI$:arC E. '•1r5 ma`! L'OWre vdu to !a 'lmul IC oe!; us lino PJt &'ria: haocened. Gorr! USE C?e ?_.: e' '. :riecec tine:' nE vt :EEn are dund E'Jin-c hoc rr1 : -_ie for 9^:auiror"so u$e C' fie card. out no; lo: more -.an EEC• 'r% weir - Isn!e r uraulhorr'=C JurL?25ii of :... a ,:'s mud' 37. :.r nC n=!r_ _ In. vd„71Lal 10rfall0 O• _: fns o:- dr;::E ::e.-.: statemscl ins' rsi nC',-.ace g;: vied or somECne wn." vc!I no --:f,.. Default: 'Dc u'. - . =3'E 'JOU is is c_. r M n1num 33'+'ri1nrli er;' ^ c.... a! I" 73'!4 3'!_ - Lai a a c_ O l d r_rel _ our c^ 1. d?U[ Sri C'_ r 1La. w' ar- 3" I'D "Ou a _ G^(7 U7 r_? __n Fo n=n n G.J .cam. °__??=<r. -'ano _cN_.=_=cGO_°=_.<=cF tA_ cn? _=m=n El C N f O_ c m N_ _ - _ C ^ni < ^ m _ _ O _ y _ c n N _ _ _ = v u % _ ° O - _ C _ G n ^ 0 =?-c-nc°f PC?_o-c_G°_'<c__^?.. O r n R? G? rs ___ C? V? n v_ 2 O Y Y_ N n 2 F H_ C K O .? ? 'C R= O ?_ O 1. C N y _ =_c 2? c?' _ o w==K? n= = ?"c _ _ G:GK R, o 0 o V! v.-'?°<"`^ c _ £-_ c_o<ro z_uc ?. °`<> =ac=c -iE E c-nom =. =Jnc G`^ a c•J°. =c °-.-? n .O_ ==_R F^CG ?n_ 1_^_tn ??O?G ° G?=n O`?F?Y f_' K RnrnCN^ 72 G G=OO ?<? Gy0> a RY' G_ JR-'Fw 2y? Ynne?F c =__ - - _?c _-_°O_FY ??H1n ?G '_'.na.<K o? mm?r=noS °m?- °= m a: ooz. -'c fno v+_ __.-<=off V_ C - - V' _ O In = G_ G .-D _ C _U [l G _ u. _G r C G_ K_ =C C= "G C= G? 'GGm Fre u -,?C _ ._yG_ =Y n n - C_ G n V ,? S ? N_- m O J vi =° p n C =. G ?_ K C 3 _ __ _ -' O < ? r n _ G n y? G? [C =_ ? G ???__ _ G G_ O N C ??_ EE :k L 47 5i E: -;F :7 T 27 ? r = G = o- Oin ` C rt = _ 'G ?n C = ? ?• C = _ C _ C m G VI ? O 57 _ co _ _ Ee v R `G C _ r G F6 _ _ _ _ ._ = -wj C ? -_ ?- _' `? c- -- _ _ _ -- - ____--- - - ? a S-2 Ei, BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of February 28, 2005, between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") and Unifund CCR Partners, located at 10625 Techwoods Circle, Cincinnati, OH 45242 ('Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated February 28, 2005, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, good and marketable title to the Accounts described in Section 1.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility, Citibank uth Dakota), Natio Association Officer/0 Title: Unifund CCR Partners Name: YM By: (Signature) Name: tz?? GQs_ Title: Q 0{711tt (($0 uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Ring The Bell, Inc. ("Purchaser"), dated as of May 9, 2005 (the "Agreement'), does hereby sell, assign and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By David osen erg President For Unifund Use ONLY 12 Client # PID CID # L^ State ol'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 PATRICIA A MCBRIDE, Acct. #4339099004391377, SSN : 171305928, as of the 03/12/04, the amount of $7683.08. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 20.24 percent per annum. Said agreement is hereby assigned, transferred and set over unto RING THE BELL, INC 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 RING THE BELL, INC 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 6 day of September, 2005. By: Kim Kenney V-Vtil L UNIFUND CCR PARTNERS Media Manager Title 10625 Techwoods Circle. Cincinnati. OH 45242 Address Subscribed and sworn to before me this 6 day of September 2005 by L?r' G Kim Kenney Media Manager of Unifund CCR Partners. My commission expires: Client # 967 NOTARY SEAL F-090605-0084 \\?r? ?l u u w?i??n ` \;. ?p?lAi SF,,; CHERYL COLE NOTARY PUBLIC STATE OF OHIO _•^'=».M. = Comm. Expires July 1 '7010 ?i AFFIDAVIT FOR CHAIN OF CUSTODY State of Pennsylvania County of Lackawanna Name: Patricia McBride Commonwealth Financial Systems, Inc. Account Number: 2150286 Account No: 4339099004391377 Social Security No: 171-30-5928 Patricia A. Cobb, being sworn, deposes and says that the affiant making this affidavit is an officer of Commonwealth Financial Systems, Inc., which is located at 120 North Keyser Ave, Scranton, PA 18504. The affiant is authorized to make statements and representations herein. The above listed account was placed for collection with Commonwealth Financial Systems, Inc by its client, Ring the Bell Inc. successor in interest to Citibank on or about May 19, 2005. Said account has been placed with Commonwealth Financial Systems, Inc. by Ring the Bell, Inc. with Commonwealth Financial Systems, Inc. designated as Agent with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim in Agent's name. Ring The Bell, LLC By/ Patricia A. Cobb, j Managing Partner Date:1/10/06 Subscribed and sworn before me this 10th day of January, 2006 by in r.. -J) NO"rARiAL SEAL My Commission Expires: John Onuftyk, it, Notary Public Scranton, Lu kawanna County Mycommission expires Septembet29, 2001 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. ? a 0 0 ? t C.P U?- bate: PA'fMCIA COBB CFSI File No. D a 9 Zi k- Q n CPI 0-7 a r? r: i v G? t, C?J Zs4 -n .iS I ob, Robert D. Kodak, Esquire Supreme Court I.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Defendant PRAECIPE FOR ENTRY OF APPEARANCE COMMONWEALTH FINANCIAL In The Court of Common Pleas SYSTEMS, INC. Of Cumberland County, Pennsylvania Plaintiff Civil Action Law VS. Ub No.X-756 CIVIL PATRICIA MCBRIDE Defendant To The Prothonotary of Said County: Please enter the appearance of ROBERT . KODAK, ESQUIRE, KNUPP, KODAK & IMBLUM, P.C., whose address is Post Office Box 11848, Harrisburg, PA 17108-1848, as Attorney for PATRICIA MCBRIDE, the Defendant in the a captioned case. Dated: February in, 2006 G Robert D. Kodak, Esquire I.D. No. 18041 Attorney for Defendant COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff V. PATRICIA MCBRIDE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-756 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Praecipe for Entry of Appearance in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: ALAN R MEGE ESQUIRE LAW OFFICES OF ALAN R MEGE POST OFFICE BOX 1426 BETHLEHEM PA 18016-1426 KNUPP, KW K & I?jM'BLLUUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: February 20, 2006 c > ' C ,i ? ?.? SHERIFF'S RETURN - REGULAR CASE NO: 2006-00756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS MCBRIDE PATRICIA CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCBRIDE PATRICIA the DEFENDANT , at 1616:00 HOURS, on the 13th day of February , 2006 at 6 STEPHEN CAMP HILL, PA 17011 by handing to PATRICIA MCBRIDE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Postage .39 Surcharge 10.00 .00 41.59 Sworn and Subscribed to before me this a 3rd day of So Answerss::? R. Thomas Kline 02/14/2006 ALAN MEGE 7 By: ? Der uty She iff Robert D. Kodak, Esquire Supreme Court I.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 1 1848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Defendant COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA McBRIDE Defendant NO. 06-756 CIVIL CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, this 14`h day of March, 2006, comes Defendant, Patricia McBride, by and through her attorney, Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C., and avers the following: 1. Motion to Dismiss for Failure to Comply with Rules of Court 1. Plaintiffs Exhibit "A" purports to be an agreement between Plaintiff and Defendant regarding a Citibank credit card account. 2. Nowhere on Exhibit "A" does the Defendant's signature appear; therefore, she is not contractually bound thereby. 3. Pennsylvania Rules of Civil Procedure, specifically Pa.R.C.P. 1028(a)(2), allows for preliminary objections for failure of the pleading to conform to law or Rule of Court. 4. Under Pa.R.C.P. 1019(a), it is required that a pleading specifically state whether an agreement is written or oral. 5. Furthermore, Pa.R.C.P. 1919(1) provides that, when a claim is based upon a writing, it must be attached to the pleading. 6. Since no application for the credit card bearing the Defendant's signature is attached to the pleading, Defendant respectfully requests that Plaintiff's Complaint be dismissed for failure to conform to Rules of Court. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed for failure to conform to Rules of Court. II. Motion to Dismiss for Lack of Capacity to Sue 7. Plaintiff in this action is Commonwealth Financial Systems, Inc. 8. Commonwealth Financial Systems, Inc. is not the owner of the account in question but merely is a collection agency and, as such, is not a proper party to the suit. P:AUSER\60N N I EJOAPO'S\W ORK\mcbride3060007.wpd: 14Mor06 2 9. Plaintiff in the captioned suit lacks capacity to file this action and whomever the Plaintiff should be has failed to be joined as a necessary party. WHEREFORE, Defendant respectfully requests that Plaintiff s Complaint be dismissed for lack of capacity to sue. III. Demurrer 10. Plaintiff attaches to its Complaint, at Exhibit "B" a list of certain assignments of this account alleging that the current owner is "Ring the Bell, Inc." 11. Nowhere in Plaintiffs Complaint is "Ring the Bell, Inc." listed as the Plaintiff and Assignee of the original creditor in this matter, Citibank Smith Barney Platinum Select. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed for failure to set forth a proper cause of action. IV. Motion to Dismiss for Failure to Abide by Rule of Court 12. Pennsylvania Rule of Court 1024 requires Verification of a Complaint by the party in the case with certain very limited exceptions. 13. The Complaint in this matter is verified by a Patricia Cobb of Commonwealth Financial Systems, Inc. on behalf of Plaintiff, Commonwealth Financial Systems, Inc. FAUSF.RVB0NNIF.10APO'S\WORK\mcbride3060007.wpd: I4Mar06 3 14. The owner of this account, according to the Plaintiff s Exhibits, is the Assignee, Ring the Bell, Inc. 15. There is no verification attached to the Complaint from anyone in a position of authority with Ring the Bell, Inc., nor is there an explanation why its verification could not be obtained in sufficient time to file the Complaint. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed for failure to abide by Rule of Court. Respectfully submitted, KNUPP, KOD IMBLUM, P.C. I © ' 1 Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (7t7) 238-7151 Attorney I.D. No. 18041 Attorney for Defendant F:AL SER\HONN I P;J 0APO'S\ W ORK\mcbride3060007.wpd: 14Mar06 4 CERTIFICATE OF SERVICE L ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Defendant's Preliminary Objections to Plaintiff's Complaint in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: ALAN R MEGE ESQUIRE POST OFFICE BOX 1426 BETHLEHEM PA 18016-1426 KNUPP, KODAK 4z IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Defendant Dated: March 14, 2006 N:AUSLRVD0NNIG.10APO'S\WORK\mcbride3060007.wpd: 14Mar06 Z 5 . l Y lL COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-756 Civil Term vs. PATRICIA MCBRIDE, Defendant CIVIL ACTION PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S PRELIMINARY OBJECTIONS The Plaintiff, by and through their counsel, Alan R. Mege, Esquire, makes the following Preliminary Objections to the Defendant's Preliminary Objections in the aforesaid matter: 1. Failure of Pleading to Conform to Rule 1. Plaintiff filed a Complaint on February 6, 2006 in the Court of Common Pleas of Cumberland County docketed to number 06-756 Civil. A true and correct copy of the time-stamped Notice page is attached hereto, made a part hereof and marked as Exhibit "A". 2. Plaintiffs Complaint was served on the Defendant by the Cumberland County Sheriffs Office on February 13, 2006. A true and correct copy of the Return of Service is attached hereto,made a part hereof and marked as Exhibit "B". 1 A Ten Day Notice was served on the Defendant OD March 6, 2006. A true and correct copy of the Ten Day Notice is attached hereto, made a part hereof and marked as Exhibit KC„ 4. Defendant filed Preliminary Objections on or about March 15, 2006. A true and correct copy of the Coverletter is attached hereto, made a parthereof and marked as Exhibit "l)". n R. Mege, EsQ. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. PATRICIA MCBRIDE, Defendant No.bb -'yE4 Civil Term N C_ o CIVIL ACTION • c7 f • c? NOTICE c.) YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST -f?E CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED 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, PA 17013 TELEPHONE (717) 249-3166 R. Mege, E 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 I ID n ,7'T. s. d onnSt rP J nnlut" - iZn U Htc CASE NO: 2006-00756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS MCBRIDE PATRICIA CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCBRIDE PATRICIA the DEFENDANT , at 1616:00 HOURS, on the 13th day of February , 2006 at 6 STEPHEN ROAD HILL, PA 17011 _ by handing to PATRICIA MCBR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 / Service 13.20 Postage .39 Surcharge 10.00 R. Thomas Kline .00 41.59 02/14/2006 ALAN MEGE Sworn and Subscribed to before By: me this day of Dep uty She?iff A.D. J Prothonotary .,\ g r. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-756 Civil Term vs. CIVIL ACTION PATRICIA MCBRIDE, Defendant TEN DAY NOTICE TO: Robert D. Kodak Esq., C/O Patricia McBride, Knupp, Kodak & Imblum, P.C., PO Box 11848, Harrisburg, PA 17108-1848 DATE OF NOTICE: March 6, 2006 YOU ARE IN DEFAULT 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR MONEY OR OTHER IMPORTANT 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 Mege, Esq. Attorney ID No. 288 Attorney for Plaintiff Law Offices of Alan R. M6ge, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 \\ C. Cr LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION Robert E. Robert L. Knupp 407 NORTH FRONT STREET / 09-1976 pp ) Robert P. Kodak POST OFFICE BOX 11848 Gary J. Imblum HARRISBURG, PA 171088--118 848 \\\\ H. Maurer C \J [Pybert Telephone: 7171238-7151 23-1998) Facsimile: 7171238-7158 email: kki.law@verizon.net March 14, 2006 OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 RE: Commonwealth Financial Systems, Inc. VS: Patricia McBride Our File No. RDK3060007 No. 06-756 Civil, Court of Common Pleas Cumberland County, Pennsylvania Ladies and Gentlemen: Enclosed is our Defendant's Preliminary Objections to Plaintiff's Complaint in the above-captioned matter. Please file same in accordance with your local Rules and Regulations and provide a time- stamped copy to the undersigned in the stamped, self-addressed envelope. By copy of this letter and as evidenced by our Certificate of Service, we are serving same upon Plaintiff's Counsel of record. As aiways, we thank you for the fine services provided by your office. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. RDK/bjh enclosure(s) cc ALAN R MEGE ESQUIRE POST OFFICE BOX 1426 BETHLEHEM PA 18016-1426 Robert D. Kodak robert.kodak@verizon.net (w/enclosure) PATRICIA McBRIDE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 06-756 Civil Term vs. PATRICIA MCBRIDE, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on March 15, 2006, I served a true and correct copy of Plaintiff's Preliminary Objections to Defendant's Preliminary Objections to Defendant by mailing same, first class, postage prepaid, to: Robert D. Kodak Esq., Knupp, Kodak & Imblum, P.C., PO Box 11848, Harrisburg, PA 17108-1848. By: Mege, Esquire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 Y C_ G COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. No. 06-756 Civil Term CIVIL ACTION PATRICIA MCBRIDE, Defendant PLAINTIFF'S REPLY TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 2. Admitted in part, denied in part. It is admitted that a copy of the Credit Card Agreement is attached to Plaintiff's Complaint and is not signed by the Defendant. It is denied that same needs to be signed, as the Agreement states that the Agreement is binding unless the credit card has not been used and is cancelled within thirty days. 3. Admitted. By way of further answer, this averment is a conclusion of law to which no response is required. 4. Admitted. By way of further answer, this averment is a conclusion of law to which no response is required. 5. Admitted. By way of further answer, this averment is a conclusion of law to which no response is required. 6. Admitted in part, denied in part. It is admitted that no signed application by the Defendant is attached to Plaintiff's Complaint. It is denied that same needs to be attached, as the Agreement, the contract between the parties, is attached to Plaintiff's Complaint, and same does not need to be signed in that use of the card is acceptance of the terms and conditions for same. WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. 7. Admitted. 8. Denied. Commonwealth Financial Systems, Inc. is the designated agent of Ring The Bell Inc, with full power and authority to sue in the name of Commonwealth Financial Systems, Inc. as confirmed by the Bill Of Sale attached to the Complaint as Exhibit "B". 9. Denied. This averment is a conclusion of law to which no response is required. To the extent a response is required, Commonwealth Financial Systems, Inc. is the designated agent of Ring The Bell Inc, with full power and authority to sue in the name of Commonwealth Financial Systems, Inc. as confirmed by the Bill Of Sale attached to the Complaint as Exhibit «B„ WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. 10. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 11. Admitted. By way of further answer, Paragraph 8 of Plaintiff's Complaint should reference that the account was sold to Ring The Bell Inc and placed for collections with Commonwealth Financial Systems, Inc. with full power and authority to sue in the name of Commonwealth Financial Systems, Inc. as confirmed by the Bill Of Sale attached to the Complaint as Exhibit "B". WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. -2- 12. Denied as a conclusion of law to which no response is required. 13. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. Furthermore, Patricia Cobb is also Managing Partner of Ring The Bell Inc., as listed in the Bill Of Sale attached to the Complaint as Exhibit "B". Additionally, Commonwealth Financial Systems, Inc. is the designated agent of Ring The Bell Inc, with full power and authority to sue in the name of Commonwealth Financial Systems, Inc. as confirmed by the Bill Of Sale attached to the Complaint as Exhibit "B". 14. Admitted. By way of further answer, the Complaint is a written document which speaks for itself. 15. Denied. By way of further answer, the Complaint is a written document which speaks for itself. Furthermore, Patricia Cobb is also Managing Partner of Ring The Bell Inc., as listed in the Bill Of Sale attached to the Complaint as Exhibit "B". Additionally, Commonwealth Financial Systems, Inc. is the designated agent of Ring The Bell Inc, with full power and authority to sue in the name of Commonwealth Financial Systems, Inc. as confirmed by the Bill Of Sale attached to the Complaint as Exhibit "B". WHEREFORE, Plaintiff requests the Court Deny and Dismiss Defendant's Preliminary Objections. 'tan R. M6ge, ESA. Attorney ID No. 81288 Attorney for Plaintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -3- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-756 Civil Term CIVIL ACTION PRAECIPE TO LIST CASE FOR ONE JUDGE DISPOSITION TO THE PROTHONOTARY: Please forward our Reply to Defendant's Preliminary Objections to a judge for determination. Other documents to be ruled upon: COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. PATRICIA MCBRIDE, Defendant Defendant's Preliminary Objections Plaintiff's Preliminary Objections to Defendant's Preliminary Objections Date: October 9, 2007 By: Alai- :., ege, Esqui Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. PATRICIA MCBRIDE, Defendant No. 06-756 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. Me'ge, Esquire, hereby certify that on October 9, Defendant, a true correct copy of Plaintiff s Reply to Defendant's Preliminary Obj same, first class, postage prepaid, regular mail, to: Robert D. Kodak Esq., Knupp, P.C., PO Box 11848, Harrisburg, PA 17108-1848. By: ..?? Alan . 6ge, Esqui Atty. I.D. #8128 ui Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1 (610) 954-5393 YLVANIA , I served on by mailing & Imblum, C7 ° C3 c=l m r- ; c-3 ? -rr Y . _ W IF, (7 G; G ? Ii - G N COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. PATRICIA MCBRIDE, Defendant No. 06-756 Civil Term CIVIL ACTION PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby authorized, empowered, and directed to enter the following on the records thereof against Defendant Patricia McBride: The within suit is Settled, Discontinued, Ended with costs paid. XXX The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: DATE: December 5, 2007 WITNESS (if signer is other than a registered attorney): Signature of Authorize Party Attorney or Notary COST PAYMENT VERIFICATION Alan R. Mepe. Esa Type or print name of above signer igna re ?,E 71 ?r