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Home My WebLink About06-4117 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS doing business as UNIFUND assignee of PALISADES COLLECTION LLC account issued under the Name of FIRST CARD, CIVIL DIVISION No. 0'-0 - 4//1 C.;uIL I~ Plaintiff COMPLAINT IN CIVIL ACTION vs. DWIGHT L. ADAMS, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. ~ WEC, ESQUIRE PA ill #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ill #91730 Bernstein Law Finn, P.c. Finn #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. ROO62774 NOTICE TIDS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. cjhOO3296VOOl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of PALISADES COLLECTION LLC account issued under the Name ofFlRST CARD, Plaintiff, vs. Civil Action No. Ol... -4trr. f.t:"',l T~ DWIGHT L. ADAMS, Defendant NOTICE AND COMPLAINT NOTICE TO DEFEND 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 upon you, by entering a written appearance personally or by attorney 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 by 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty Avenue Carlisle, P A 17013 Telephone: 717-249-3166 (1-800) 990-9108 cjh003296VOOl COMPLAINT IN CML ACTION 1. Plaintiff, Unifund CCR Partners doing business as Unifund, is a General Partnership whose address is 10625 Techwoods Circle, Cincinnati, Ohio 45242, and, as the assignee of the rights of Palisades Collection LLC account issued under the name of First Card, stands in its assignor's stead, and both are hereinafter referred to interchangeably as "Plaintiff". 2. Defendant is an individual whose address is 145 Strayer Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant applied for and received a First Card credit card issued by Plaintiff, bearing the account number 4250427387748. A true and correct copy of the Terms and Conditions of the Cardholder Agreement are attached hereto, marked as Exhibit "1 ", and made a part hereof. 4. By accepting and using the aforesaid credit card, Defendant agreed to all of the terms and conditions set forth in the Cardholder Agreement that was provided to Defendant with the issuance of said credit card. 5. Defendant made use of said credit card and, as of February 3, 2006, currently has a balance due and owing to Plaintiff, in the amount of $7,746.86. A true and correct copy of Plaintiff's Statement is attached hereto, marked as Exhibit "2" and made a part hereof. cjhOO3296YDDl 6. Defendant is in default of the terms of the cardholder Agreement having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that the Agreement between the parties provides that Plaintiff is entitled to the addition of interest at the rate of 6% per annum on the unpaid balance. 8. Plaintiff avers interest at the aforesaid rate from February 3, 2006 to July 6, 2006 amounts to $197.03. 9. Plaintiff avers that the Agreement between the parties provides that Plaintiff is entitled to the addition oflate charges in the amount of $29.00. 10. Plaintiff avers that the Agreement between the parties provides that Defendant will pay PlaintifPs reasonable collection costs (including reasonable attorneys' fees). 11. Plaintiff avers that such reasonable collection costs (including reasonable attorneys' fees) will amount to $2,391.87. 12. Despite PlaintifPs repeated requests for payment, Defendant has failed to and/or refused to pay the aforesaid balance, interest, late charges, attorneys' fees or any part thereofto Plaintiff. cjhOO3296VOOl WHEREFORE, Plaintiff requests Judgment in its favor and against Defendant in the amount of $10,384.76, plus ongoing interest at the rate of6% per annum from July 7, 2006 and costs. NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE BERNSTEIN LAW FIRM, P.C. By: Christopher M. Boback, Esquire Attorney for Plaintiff PAID #91730 Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. 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'1!!'l1t'[I~nj !l n1Ji'llhm\ ~!~rhni,h U~llbUI'llRl~Dln;~ln fiR. .!.. l.o II'l1.g tilt. .I rt: ... ~.Ifdit .. t "l[ll ( r, n. inl(dll~I~I~.[l, i!lll!i 11}hrtUiU;lUjtiit. II U IU~I.in, it~;~. hUt UJiKiili ~1!I.b~J j! II ~ulu h,ti ll,h !thl Ifjf(f,JI,t.tf"J f'I~UnrIJI tl Ii I," I.' i 111' I.. . .. J It .,f II' J. · illlHltUiinUiDltltmUn~nmUmlii~nmu .. .hfl~h I~U.[ j;~r!IJlli,hi"li}il~i~l '~~fiiiti.f; hIit lifl iill; ,ldIidJI!:l!""I"'~ ~ifIU,n!lltntlili~lii~!1 '.It"l . J( Itl~1 "Irh I' ilt rt n~t fl'=,h ,~ m Hi. .ll ill' il~i, n Iii. f11.hll i lli.hiUUii1t!,i ltllPh ::to P'" . J ~41; :'h... "t. ..... 1 111,1 t1!t., : ." ~f, .....- .........-- ....~_.............__..~...,. 1103 o c:';;..J ACCOIIHT JIll' L. 42SU42731lT148 IIALAIlCE AS OF ll200312lD1 7,748.11I PAYMENT DUE DATE --. PAYME/I1' PAYIIEIIT EIlCI.OSEII PASTOOE I 7,748.1IlI L_._...__' UNIFUND STATEMENT CWClHT L NJNtS . 145 STRAVER CR CMUSLEP",171113 _lIMEI'ROM~ YOUR ACCOUNT II PMT DUEC!' ,748.11I. lllE PMT DUE_UNT II INCWDBI IN TIIE..N.... PA_. PLEME RIMT MlEIIIATELY. IF YDU HIIoIE IUlIiIlIIY lENT APA_ FDR lllE /111M: IUlUNT.1llMK YDU. TJUUlSACTIOIlS: I - II Tr_1ICtIon D2.mQIIIi r Ilf -'Tr COIIIcIkI1 UC'a __IauIdUn:tw1he _ Of FIlST CARD. " IR O.llllXl 11---11 - Ir-....I 7,746BB 7,746.11I a IIew 7,74BBB PRIIiIPT CRBlmNO Dr PA~. TO RECEIW CR1!Il1T FDR PI\'IIiEIlT1 /II Dr lllE DATE DF REaPT. WE MUIT REENE YDURCMEK OR MIlNE1' ORDER JIlr: UNIFUND 1_ TECHWDODI CIRCLE CINCINNIm. DM_ PA'fIoBlTI REC_A1'lllEAlIIM!IIIlDRElIINllll!llNlNER IPECIF'B1NTER THAI' TIlE WIU. II! CRBlITBJ TO YOUR ACCOUNT All OF OUR NEllI' IUIINElI DAY. lllE CRBlmNO TO YOUR .llCCDUNT Dr PA'fIoBlTI RE_ R MY LDCRlDN D1llER TIWl lllEAlIlM!lIIlORElllMY IE OElAYBI UP TO' DATI OF REaPT. TIllS eouIlllllCATIOIIIS I'ROM A DEBT COLLECTOR. FEIIEIlAL LAW RECIlIIItES us TO IFOIIM YOU THAT TIllS IS Aft ATTEIlI'T TO COLLECT A DEBT AlII NI'f INfOIlMATIOII OIITAIIlED wu. II! USBI FOR THAT PlR'OSE. EXHIBIT II ') \\ AFFIDAVIT OF INDEBTEDNESS State of Ohio) County of Hamilton ) ss. Kim Kenney being sworn, deposes and says that she is Media Supervisor ofUnifund CCR Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is authorized to make the statements and representations herein. The defendant is not in any branch of the military. There is due and payable from DWIGHT LADAMS, Account Number 4250427387748, the amount of $7746.86 (principal balance in the amount of $5480.00 plus interest up through 02/03/2006 in the amount of$2266.86). By the tenns of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 6.00 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Palisades Collection LLC's account was issued under the name of FIRST CARD. Unifund CCR Partners purchased this account from Palisades Collection LLC. Said account has been referred to Bernstein Law Firm PC with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. / DATED this February 3, 2006 ~CRPARTNERS By: Kim Kennev Media Supervisor 10625 Techwoods Circle Cincinnati. OH 45242 Address Subscribed and sworn to before me this 1 day ofFebruarv. 2006 Year Ii. W 1111C1iJ;V;/ Notary Public My commission Expires Client # 11 03 \\\\\i\\Ii.l/f!!11 ,,\.\\\ OTA f/::_ " "".......l?I.d .'/ .$ .... \ II ...'.'/. $ ...~\I I~,p~ f~(~~~S~) ~1 ~y"~~,~,.i;j ..' .' "'.- A. -P<!'A. ~ ~ .,... . "'0 "J.. ~~ ..... "...... $ $1: ;;., 'Yf( ~//% OHio'" II"~"~'''' CO -i1:<!, -PY I> (114, IIJIJI/IIIII"\" 000,1> (fll( $ .1(..4- . <!' 01( IC '9 :.toO/. 10 ...." I"e v/O # ~ ~ ,...., CO) 7:.J (n c:.~:.) -on 8 t - .-, ~ ~ r.. ~r I: rnr:.:..:; , "1';..'-; 8 ''-,) c:J '- --- () -" ~ - - --. F! -'" " f' r:? ~ Ul ~'=! ...;;. --. (..s":-' ~ ....0 "--Z:: UNITUNDCCRPARTNERSooi~ business as UNITUND assignee of PALISADES COLLECTION LLC account issued under the Name ofFIR8T CARD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENN8YL VANIA : NO. 06 - 4117 Civil Term Plaintiff : CIVIL ACTION - LAW V. DWIGHT L.ADAMS, Defendant NQTICE TO PLEAD TO: UNIFUND CCR PARTNERS, doing business as UNIFUND.assignee, c/o Christopher Boback Esquire Bernstein Law Firm, P.C. Suite 2200 Gulf Tower Pittsburgh,Pa.15219 (412) 456-8100 You are hereby notified to plead to the within Claim of Rights within twenty (20) days after service. Respectfully submitted, Date: B 10 (or; J e Adams, Esquire No. 79465 64 S. Pitt 8t. Carlisle, Pa. 17013 (717) 245.8508 Attorney for Defendant UNIFUND CCR PARTNERS doing business as UNIFUND assignee of PALISADES COLLECTION LLC account issued under the Name of FlRST CARD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 - 4117 Civil Term Plaintiff : CIVIL ACTION - LAW v. DWIGHT L. ADAMS, Defendant ANSWER TO PLAINTIFF'S COMPLAINT wr:rn: NEW MATTER AND NOW COMES, Defendant, Dwight L. Adams, by and though his Attorney, Jane Adams, and hereby offers his response to Plaintiff's Complaint: ANSWER TO COMPLAINT IN CML ACTION 1. Admitted in part, denied in part. It is admitted that Plaintiff is Unifund CCR Partners, doing business as Unifund, which is a general partnership whose address is 10625 Techwoods Circle, Cincinnati, Ohio, 45242. It is denied that Unifund is the assignee of the rights of Palisades Collection LLC account issued under First Card, and that Unifund stands in its assignor's stead, and that both are hereinafter referred to interchangeably as "Plaintiff." Strict proof is demanded: 2. Admitted. Defendant is Dwight L. Adams, whose address is 145 Strayer Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Admitted that Defendant applied for and received a First Card credit card issued by Plaintiff, bearing the account ho 4250427387748. Defendant has no knowledge as to whether the Terms and Conditions Cardholder Agreement which is attached to the Complaint is true and correct for that specific account and demands strict proof thereof. 4. Admitted in part and denied in part. Defendant admits he accepted and agreed to all of the terms and conditions set forth in the Cardholder agreement for the First Card, which was provided at the time he accepted the card. Defendant denies that the agreement attached to the complaint is the correct cardholder agreement. Strict proof is demanded. 5. Admitted in part and denied in part. Defendant admits he made use of a First Credit Card. He denies that the First Card has a balance of $7,746.86 as the statement provided by Plaintiff is from an alleged assignee and Defendant has no knowledge that an assignment was made or that this is from the correct assignee. 6. Admitted in part, denied in part. Defendant admits that he is in default of the terms of the First Card cardholder because he has not made a payment since before 1999, when the First Card account was charged off. Defendant does not have a copy of the First Card cardholder agreement and therefore denies that the entire balance is immediately due and payable under the agreement. 7. Denied. Defendant does not have a copy of the First Card cardholder agreement and therefore denies that Plaintiff is entitled to the addition of interest at the rate of 6% per annum on the unpaid balance. The averment made in this section of the complaint is denied because Defendant has no proof that Unifund is the correct assignee of the First Card. Strict proof is demanded. 8. Denied. Defendant does not have a copy of the First Card cardholder agreement and therefore denies that Plaintiff is entitled to the addition of interest at the rate of 6% per annum on the unpaid balance. The averment made in this section of the complaint is denied because Defendant has no proof that Unifund is the correct assignee of the First Card. Strict proof is demanded. 9. Defendant does not have a copy of the First Card cardholder agreement and therefore denies that Plaintiff is entitled to the addition oflate charges in the amount of $29.00. The averment made in this section of the complaint is denied because Defendant has no proof that Unifund is the correct assignee of the First Card. Strict proofis demanded. 10. Defendant does not have a copy of the First Card cardholder agreement and therefore denies that Plaintiff is entitled to the addition attorney's fees and reasonable collection costs. The averment made in this section of the complaint is denied because Defendant has no proof that Unifund is the correct assignee of the First Card. Strict proof is demanded. 11. Denied. Defendant has no information, knowledge, or proof regarding attorneys fees and denies that the proposed amount would be reasonable. 12. Admitted in part, denied in part. Defendant denies that Plaintiff made repeated requests for payment, at least not in the past seven years. Defendant admits he has not paid Plaintiff the aforesaid alleged balance. NEW MATTER - AFFIRMATIVE DEfENSE 13. Sections J. - 12. Are herein incorporated by reference. 14. The account in question is a contract, or open account, and the applicable statute of limitations, which is contained in 42 Pa.C.S. *5525 provides that any action subject to 13 Pa.C.S. * 2725 (relating to statute oflimitations in contracts for sale) must be commenced within four years. 15. Section 2725 of the Pennsylvania Uniform Commercial Code provides that "an action for breach of any contract for sale must be commenced within four years after the cause of action has accrued." 13 Pa. Cons. Stat. Ann. 2725(a). 16. A cause of action for breach of a contract for the sale of goods "accrues when the breach occurs." 13 Pa. Cons. Stat. Ann. 2725(b). 17. In the case of an installment contract, breach of the whole contract occurs "whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract." 13 Pa. Cons. Stat. Ann. 2612(c). 18. Defendant has not made any payments on the accOWlt in question since before 1999, when the account was charged off; therefore the breach occurred over seven years ago and the statute of limitations has expired. 19. Plaintiff is barred from pursing this matter due to the fact that the statute of limitations has expired. WHEREFORE, Defendant request that this matter be dismissed due to the statue of limitations having expired. Respectfully Submitted, Date: 1Jllo~c' By: Jane !.D. .79465 64 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 9>/ [0 /O~ CERTIFICATE OF SERVICE . f A-fJ;; AND NOW, this August --!.lL 2006, I, Jane Adams, Attorney for Defendant, hereby certify that a copy of Defendant's Motion has been duly served upon the PLAINTIFF by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: Christopher M. Boback, Esquire Attorney for Plaintiff Pa. I.D. No. 91730 Suite 2200 Gulf Tower Pitsburgh,Pa.15219 (412) 456-8100 e Adams, Esquire . No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATIORNEY FOR DEFENDANT (') ....., = ~ c = ~ "" -on.'J "'" ~~ rnffl c:: Z:t' G') ZiJ., :Bt( ~~;::;, C) ~C:;; __,0 "'0 "'C'" ~~~ 9:!] :l!: - (') r:-? (,3m ~ -< Cl ?O N '-< .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of PALISADES COLLECTION LLC account issued under the Name of FIRST CARD, Plaintiff No. 06-4117 vs. PRAECIPE TO DISCONTINUE AND END DWIGHT L. ADAMS, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 DEBORAH R. ERBSTEIN, ESqUIRE PA ID#86470 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, P A 15219 412-456-8103 BERNSTEIN FILE NO. R0062174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of PALISADES COLLECTION LLC account issued under the Name of FIRST CARD, Plaintiff vs. Civil Action No. 06-4117 DWIGHT L. ADAMS, Defendant PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Discontinue and end the above-captioned matter upon the records of the Court and mark the costs paid. BERNSTEIN LAW FIRM, P.c. B~~ NICholas D. Krawec:E~q e . Attorneys for Plaintiff Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8103 BERNSTEIN FILE NO: R006~774 Sworn to and subscribed before me his ).1r day of , 2006 Notary SHI Linda Boyle, NotBry Pubtlc Cfty of Pittsburgh, Allegheny County My Commission Expires October 28, 2007 Member. Pennsylvania Association of Nota..... August 18,2006 Page 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of PALISADES COLLECTION LLC account issued under the Name of FIRST CARD, Plaintiff vs. Civil Action No. 06-4117 DWIGHT L. ADAMS, Defendant CERTIFICATE OF SERVICE I, Nicholas D. Krawec, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue & End was served on the Defendant's attorney by regular U.S. Mail, postage prepaid, this ../t!!} day of ~, 2006, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, P A 17013 ~~ -"i'j (,. :;-=' :11 ['.) r".,) '~1 ! C'; SHERIFF'S RETURN - REGULAR CASE NO: 2006-04117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS ADAMS DWIGHT L VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADAMS DWIGHT L the DEFENDANT , at 1725:00 HOURS, on the 28th day of July , 2006 at 145 STRAYER DRIVE CARLISLE, PA 17013 by handing to CONNIE ADAMS, WIFE 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 Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40V' 1. :l5. 6& .~JA;?~~<:~ R. Thomas Kline 9w. 07/31/2006 BERNSTEIN LAW FIRM Sworn and Subscibed to By: ~~/~ day before me this of A.D.