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HomeMy WebLinkAbout06-4352 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name ofW ACHOVlA NATL CONY, CIVIL DIVISION No. ~ - .l./J~ elU ;.C-Fia-i Plaintiff, COMPLAINT IN CIVIL ACTION Ys. KATHY M. STJEAN, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. R0063083 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. cjh00329I YOO I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name ofW ACHOVIA NATL CONV, Plaintiff, vs. Civil Action No. 6I--I..IJS~ GULL /~ KATHY M. STJEAN, 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 cjh003291 VOO 1 COMPLAINT IN CIVIL 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 Bank One Delaware NA account issued under the name ofWachovia Natl Conv., stands in its assignor's stead, and both are hereinafter referred to interchangeably as "Plaintiff'. 2. Defendant is an adult individual whose address is 55 South High Street, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant applied for and received a Wachovia Natl Conv credit card issued by Plaintiff, bearing the account number 4325159201988767. 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 March 28, 2006, currently has a balance due and owing to Plaintiff, in the amount of$4,109.50. A true and correct copy of Plaintiffs Statement is attached hereto, marked as Exhibit "2" and made a part hereof. cjhOOJ291VOOl 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 17.49% per annum on the unpaid balance. 8. Plaintiff avers interest at the aforesaid rate from March 28, 2006 to July 6, 2006 amounts to $194.66. 9. Despite Plaintiff's repeated requests for payment, Defendant has failed to and/or refused to pay the aforesaid balance, interest, or any part thereof to Plaintiff. cjh00329IVOOI WHEREFORE, Plaintiff requests Judgment in its favor and against Defendant in the amount of $4,304.16, plus ongoing interest at the rate of 17.49% 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 PA ill #91730 Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. R0063083 cjh003291VOOl W ACHOV!A CARDMEMBER AGREEMENTS Page 1 on PLEASE READ THIS NOTICE CAREFULLY. THE TERMS OF r;;NCLOSIW CREDJT CARD ACCOUNT ARE DIHRRENT FROM THE TERMS FOR WHICH YOU AI'PLlED. AFTER YOU REVIEW THESE CHANGES, IF YOU DO NOT WANT TO ACCEPT THE NEW ACCOUNT TERMS PLEASE DESTROY THE CARD AND CALL US AT 1-888-696-7362 TO CLOSE THE ACCOUNT. IF YOU USE THE CARD OR ACCOUNT AFTER REAI>ING THIS NOTICE YOU WILL HAVE AGREED TO ACCEPT ALL TilE CHANGES DISCLOSED TO YOU. This Notice informs you of changes to your Wachovia Bank Card Services Cardmember Agreement. ~\.iMMAIW ()f ~~HANGES A. Your account with The First National Bank of Atlanta, d/b/a Wachovia Bank Card Services ("Wachovia") transferred to First USA Bank. N. A. on June 29, 200 \. Effective immediately, your Credil Card Agreement ("Agreement") with The First Nalional Bank of Atlanta, d/b/a Wachovia Bank Card Services is modified to reflect First USA Bank, N.A. as the issuer and servicer of your credit card account ("Account"). All reference in your Agreement to "Wachovia", "we", "us", or "our" shall noW mean "First USA .Bank, M.A." B. ANNUAL PERCENTAGE RATE FOR LATE PA YERS: If you do not pay at least the Minimum Monthly Payment by the Payment Due Date two times during any 6 month period. the ANNUAL PERCENTAGE RATE on your Account will be increased to a valiable rate of 19.99%. If your current rate is greater than this APR, your currenl rate will not change. C. FOREIGN CURRENCY TRANSACTIONS: We and MasterCard or Visa (or their affiliates) will convert transactions in foreign currencies into U.S. Dollars. We add an additionallwo-percent to the amount provided to us by MasterCard or Visa. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card or Account. D. ARBITRATION: Any claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents or assigns ofthe other, arising from or resulting in any way to tbis Agreement or your account, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, sbaU be resolved by binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time the Claim is tiled, as outlined in the seclion in this notice entitled" Arbitration". E. USING YOUR ACCOUNT: You may use your Card or Account 10 purchase or lease goods or services or pay amounts you owe wherever the Card is honored or transfer ballUlces from olber accounts ("Balance Transfers") (collectively, "Purchases"). You may also use Ihe card to obtain cash loans ("Cash Advances"). from any financial institution that accepts the Card. You agree to accept credits to your Account instead of cash refunds when the original Purchase was charged 10 your Account. We may issue "Convenience Checks" to you, which may be used to ae<;ess your credit line. Use ofa Convenience Cbeck will be treated as a .Purchase" in the amount of your check. f. CHANGE IN CALCULA TJON OF YOUR V ARJABLE RATE: The Daily Periodic Rate we use to detenoine your Periodic FINANCE CHARGE for Purchases, Cash Advances and APR for Late Payer(s) are variable rates. They vary according to movement in tbe prime rale, and as such can increase or decrease from month to month. The rates wiJI be calculated each month on the first business day of the month. On that day, we will see what the U.S. prime rate published in The Wall Slreel Journal was on the immediately preceding Detenoination Date. The "Delenolnation Date" is the 22nd day of the month (or the next business day after that if it falls on a weekend or holiday). We will add to that prime rate the margins previously disclosed to you in your Cardmember Agreement and Disclosure Statement and supplements and multiply the sum by 1/365 10 give us your respective Daily Periodic Rates. Ifmore than one prime rate appears in The Wall Streel Journal on Ihe Detennination Date, we will pick the highest: if The Wall S,ree' Journal stops publishing prime rates. we will select a comparable index and tell you the foUowing month. If our calculation results in new Daily Periodic Rates, tbey will take effect on Purchase and Cash Advance balances as of the first day of your billing cycle that ends in the month in which we do the calculatioll. If the Daily Periodic Rates increase, you will have to pay a higher Periodic FINANCE CHARGE and may have to pay a higher minimwn paymenl. The Annual Percentage Rate for each balance shall be its Daily Periodic Rate times 365, G. ALL OTHER: Ifnot so already, the following are changing: (i) Your minimum payment each montb will be the greaterof2% of your au Is tanding balance or $10.00. Ifal any lime your APR exceeds 24%, we may increase http://cmsfusanet.wiLfusa.comlreferenceslreference/Wachovia_CMAs.htm I'""'VIlln," 'i'/I'" 2/11/02 W ~CHOVIA CAROM EMBER AGREEMENTS Page 2 of 3 your Minimum Payment to the greaterof2.5% of your outslanding balance or SIO.OO; (ii) If you use your Card or Accoun! 10 do a Balance Transfer; purchase money orders or wire transfers; purchase travelers checks or foreign currency otnerthan al a bank, or if you use a Convenience Check,lhese transactions will be treated as Purchases and we will charge a one-time Transaction FINANCE CHARGE for each such Balance Transfer, Purchase or check usage in the amount of 4% of the applicable transaclion, with a minimum charge 0($5.00; (Iii) There is a minimum FINANCE CHARGE ofS 1.00 in any billing cycle in which you owe a fiNANCE CHARGE: (iv) You will receive a grace period for Purchases provided thaI you paid your balance in full by the Payment Due Dale on your previous statement (or that balance was zero or a credit amount) and you pay your balance in full by the Payment Due Date on your currenl statement H. INfORMATION SHARJNG: You agree we may share information about you and your account with Wachovia Bank in order to better serve you. Afylf.NDMENTS TO AGR,EF,MP:'IT In order to implement the above-described change in tenns, the following changes. as applicable, will be made 10 your Agreemenl: A. The definition for Cash Advances, Convenience Checks and Transfer Checks localed in paragraph 2 of your Agreement are deleted in their entirety. B. Section J I (c) (ij)) of your Agreement that refers to your "Default Rate" is deleted in ils entirety and replaced as follows: finance Charges for Late Payment: If you do not pay at least the Minimum Monthly Payment by the Payment Due Dale two times during any 6 month period, the Daily Periodic Rate for all balances may change to an adjusted variable rate of 1/365 of the sum of I) Ihe Prime Rates as described in paragraph I. herein plus 2) 12.99% (this sum as an ANNUAL PERCENTAGE is the "Adjusted Rate"). The Adjusted Rale will not be less than 19.99"10. The Adjusted Rate will take effect as of the first day of the billing cycle following your second late payment. If your current rate is greater than the Adjusted Rate, your ANNUAL PERCENTAGE RATE will not change. On June 4, 200 I the prime rate was 7.00%. Using this prime rate as an example, the Daily Periodic Rate for the Adjusted Rate would be 0.0548% and the corresponding ANNUAL PERCENTAGE RATE would be 19.99%. During any period when a promotional APR ("Promotional Period") is in effect, if you do not pay at least the Minimum Monthly Payment by lite Payment Due Date one time during such period, the Promotional Period and promotional APR will end and the applicable APR will take effect. C. Section 22 of your Agreement is deleted in its entirety and replaced as follows: Foreign Currency Transactions: We and MasterCard or Visa (or their affiliates) will conver! transactions in foreign currencies into U.S. Dollars. MasterCard or Visa will use their then-current currency conversion procedures. Currently, they use either a wholesale market rate or a government-mandaled rate in effect under those procedures and add a conversion charge delennined by Ihem. We add an additional two-percent to the amount provided to us by MasterCard or Visa. The CUITellCY conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card or Account. D. The following seclion entilled "Arbitration" js being added to your Agreement. Arbitration: Any claim, dispute or controversy ("Claim") by either you or us against the other, or againstlhe employees, agents or assigns oflhe other, arising from or relating in any way to this Agreement or your AccoWl\, including Claims regarding the applicabilhy of this arbitration clause or the validity of the entire Agreement, shall be resolved by binding arbitration by the National Arbitration Forum. under the Code of Procedure in effect at the time the Claim is filed. Rules and forms oflhe National Arbitration Forum may be obtained and Claims may be filed at any National Arbillation forum office, www.arb-forum.com,orP.O. Box 50191. Minneapolis. Minnesota 5S405, telephone 1_ 800-474-2371. Any arbitration hearing at which you appear will lake place at a location within the federaljudicial district that includes your billin~ address at the time the Claim Is filed. This arbitration agreement is made putsuantto a transaclion involvmg interslate commerce, and shall be governed by the Federal Arbitration Act. 9 U.S.C. ~~ 1-16. Judgment upon any arbitration award may be entered in any court havingjurisdiclion. This arbitration agreement applies to all Claims now in existence or that may arise in the futUTC except for Claims by Or against any unaffiliated third party 10 whom ownership of your Accountrnay be assigned aller default (unless that patty elects 10 arbilrate), Nothing in this Agreement shall be construed to prevent any party's use of (or advancement of any Claims, defenses. or offsets in} bankruptcy or repossession, replevin. judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral. security or propeny interests for contractual debts now or hereafter owed by either patty to the other under this Agreement. IN THE ABSENCE Of nus ARBJTRA nON AGREEMENT. YOU AND WE MAY OTHER WISE HA VE HAD A RIGHT OR OPPORTUNITY TO LlTIGA TE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY, AND/OR TO P AR- TICIP A TE OR BE REPRESENTED IN LITlGA nON FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED ANDALL CLAIMS MUS'f NOW BE RESOLVED THROUGH ARBITRATION. http://cmsfusanel.wil.fusa.comlreferenceslreferencelWachovia_CMAs.htm 2111102 W~CHOVIA CARDMEMBER AGREEMENTS Page 3 of3 E. Sections 6 and 7 of your Agreement are deleted in their entirety and replaced as follows: Using Your Account: You may use your Card or Account to purchase or lease goods or servICes or pay amounts you owe wherever the Card is honored or transfer balances from other accounts ("Balance Transfers" ) (collectively, "Purchases") You may also use the card to obtain cash loans ("Cash Advances"), from any fmancial institution that accepts the Card. Yeiu agree to accept credits to your Account instead of cash refunds when the original Purchase was charged to your Account. We may issue "Convenience Checks" to you; which may be used ro access your credit line. Use of a Convenience Check will be treated as a "Purchase" in the amount ofyoUt check. Each Convenience Check will contain your Account number and may be used only by the person(s) whose name(s) is/are printed on it. Each must be completed and signed by you (or either of you) in the same manner as a regular personal check. ffwe provide Convenience Checks for your Account, you may not Use them to pay any amOlUll you owe under your Cardmember Agreement or under any other credit agreement or account you may have with us, Bank One or any of our related banks. F. Section 9 in your Agreement thaI refers to "Minimum Payment", as amended, is deleted in its entirety and replaced as follows: If the New Balance shown on your monthly statement is less than $10.00, your Minimwn Monthly Payment (due by Ihe Payment Due Date) is your New Balance. Otherwise, the Minimum Monthly Payment for each billing cycle will be the greater of$IO.OO or the total of(I)2% of the New Balance, plus (2) any amount past due, plus (3) if we so elect, any amount over your credit line at the time of billing. You may pay more than the Minimum Monthly Payment and may at any time pay the full amount you owe us. In the event that an APR on your Account exceeds 24%, your Minimum Monthly Payment will increase and remain at the greater of2.5% or $10. G. The firsl sentence of section II that refers to the "minimum fmance charge" is deleted and replaced as follows: There is a minimum FINANCE CHARGE of $1.00 in any billing cycle in which you owe a FINANCE CHARGE. H. Section I I (b) (i) of your Agreement is deleted in its entirety and replaced as follows: ffyou use your Card or Account to do a Balance Transfer; purchase money orders Or wire transfers; purchase travelers checks or foreign currency other than at a bank, or if you use a Convenience Check, we will post these transactions as Purchases and will charge a one-time Transaction FINANCE CHARGE for each such Balance Transfer; Purchase or check usage in the amount of 4% of the applicable transaction, with a minimum charge of $5.00. L Section II (c) of your Agreement is deleted in its entirety and replaced as follows: The Daily Periodic Rate we use to determine your Periodic FINANCE CHARGE for Purchases, Cash Advance and APR for Late Payer(s) are variable rales. They vary according to movement in the prime rate, and as such can increase or decrease from month to month. The rates will be calculated each month on the flTst business day of the month. On that day, we will see what the U.S. prime rate published in The Wall Street Journal was on lhe immediately preceding Determination Date. The "Determination Date" is the 22nd day of me month (or the next business day after that if it falls on a weekend or holiday). We will add to that Prime Rate lhe margins previously disclosed to you in your Cardmember Agreement and Disclosure Stalement and Supplements and multipl)lthe sum by 1/365 to give us your respective Daily Periodic Rates. rCmore than one prime rate appears in The Wall Street Journal on the Determination Date, we will pick the higbest; if The Wall StreeJ Journal stops publishing prime rates, we will select a comparable index and tell you the following month. If our calculation results in new Daily Periodic Rates, they win take effect on Purchase and Cash Advance balances as of the first day of your billing cycle tbat ends in the month in which we do the calculation. If the Daily Periodic Rates increase, you will have to pay a higher Periodic FINANCE CHARGE and may have to pay a higher minimum payment. The Annual Percentage Rate for each balance shall be ils Daily Periodic Rate times 365. J. The second sentence of Section II(a) ofyonr Agreement is deleted and replaced as follows: You have a grace period ror Purcbases. You will not pay a Periodic FINANCE CHARGE on Purchases if you paid your New Balance in full by the Payment Due Date on your previous statement (or that balance was zero or a credit amount) and you pay your New Balance in full by the Payment Due Date on your OUlTent statement. K. The following section is being added to your Agreement: Sharing Your Account Information with Wachovia Bank: In order to better serve you, you agree First USA Bank, N.A. may share information aboul you and your credit card account with Wachovia Bank and any of its affiliates. http://cmsfusanet.wil.fusa.comlreferenceslreferencelWachovia_CMAs.htm 2/11102 . . 'I J1.}. () 0 ~ :s () J' ..:s 1103 ACCOUllT IIIMIIER BALAIICE AS OF PAVIIEIIT IlUE DATE ...... PAYMEIIT ,PAYMEIIT ElICLOSEII ll3t.lIII2llOII I 432515!l2lll9llB7B7 I 4,11l9.5D , PASTIIUI! I 4,1Q9.!1l L__._-__ I UNIFUND STATEMENT KATHY III ST.EAN 55 S HClH S1 NEYNUE P...,724, tESSllCE FIIIllM IIlFUIIlI YDUR H:CDUNT II PMT DUE ".IIl11.!1l. lIIE PMT DUE ~UNT II INCWDBI IN lIIElIIl_ PA\'IlEHT. PLEME RIMT _L'II1U. I' 'au HAoEIlLRIWl' lENT APA\'IlEHT FDR lIIE AIINE MlUNT,Tl!ANIC YOU. , , TIWISACTIOIISl I D.. II T~ II IR 1I.w-1I IIu8 IroJl........!r- ll3I2III2lIl& IlIr* One CIIIwInl N,I,'. AccIU't a.17m 4,1 D9.so 4,1119SD ,0 4.11l9.5D WIIIInl.wd InIer 'IhI_ 01 WAOIOVIA NAlL CONY. PIIIJIIAPT ClIElI7INII DF PA\'IlEHTI. TO Ra:_ CREDIT FDII 1'A\'IlEHTI M IIF nIE , llR1ii IIF RecBPT. WilotJn RecN'YDUR C~eclC DR '-I)NEY DR,DEII R: UNIFUND 1_ TECIlWDDDI CIRClE , CINCINIWl. DK" PAYIoENTS Rec_ III lIIE MINE IIIlDRBI IN lIIE _EIlIPB:IFIED RTEIl TlW' TIE lIIIILL IE CRIDITSI 'ID YDUR H:CDUNT III DF DUR NEIT IUSlNB. DAY. lIIE CREDmND TO YDUR H:CDUNT DF PA1liENT1 RS:_ A't /III, tDCAI1DN DTlIEIIllWI THE MINE ADDRElIIIIIII' IE DBA'ElI UP TIll DAYS OF Ra:SPT. TlIS COIII'lIIIICA1IOII1S FROM A lIEBT COLUCTOIl. FIIJIML LAW REQ~.4 US TO IIIfOIW YOU TllAT TlIS IS All A~ TO COlLECT A IlEBT AIm NrY "D..1II\1IOII OlITIIIIEII WLL III! USBl FOR TlIAT P\IAPOSE. If ,'- EXHIBIT -:x , .' 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 KATHYM STJEAN, Account Number 4325159201988767, the amount of $4109.50 (principal balance in the amount of $2462.48 plus interest up through 03/28/2006 in the amount of$1647.02). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 17.49 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Bank One Delaware NA's account was issued under the name ofWACHOVIA NATL CONY Unifund CCR Partners purchased this account from Bank One Delaware NA. Said account has been referred to Bemstein Law Firm PC with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. C R PARTNERS By: Kim Kennev Media Supervisor 10625 Techwoods Circle Cincinnati. OH 45242 Address Subscribed and sworn to befo e m t . 28 ay of March. 2006 ,.... Year Public My commission Expires Client # 1103 \\\\\\\11/1/1111/ ",""~p..~\~.t.$~"'~~ KMHRYN HALPIN ./~~.\\\ 1@1.~ '\ NOTARV PUBLIC '" 'II' ~'" S STATE OF OHIO , ~ : ~ Comm. Expires '. '.:.. 'i 2 October1l.2010 ':'~......, ......:.. . ......... j '_,J'/.: ........ ~1...'o ,'~ ""rE Of 0" ,," .\'.' ".", -J;J ~ ~ ~ ~ ~ _ Crt ~ () ~ o ~ ; V) r--") 1'''-. :n .~ .._~ , , t'~-:; - . ,...'n (-^, (..:" '-;~ ' G . Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717)703-3600 jgoldberg@ssbc-law.com P A 10 #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name of WACHOVIA NATL CONV, NO. 06-4352 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. JURY TRIAL DEMANDED KATHY M. STJEAN, Defendant NOTICE TO PLEAD TO: Unifund CCR Partners c/o Christopher M. Boback, Esquire/Bernstein Law Firm, P.C. You are hereby notified to file a written response to the enclosed Preliminary Date: P~/ftJl' Objection within twenty (20) days from service hereof or a judgment may be ent against you. Juseph K. Guldberg, Esquire 2080 Linglestuwn Ruad, Suite 106 Harrisburg, P A 17110 (717) 703-3600 jguldberg@ssbe-law.cum PAID #46782 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name of WACHOVIA NATLCONV, NO. 06-4352 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. JURY TRIAL DEMANDED KATHY M. STJEAN, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW COMES the Defendant, Kathy M. St. Jean, by and through her attorney, Joseph K. Goldberg, Esquire, who files these Preliminary Objections to the Plaintiffs Complaint, as follows: 1. In this matter, the Plaintiff is attempting to collect a debt it alleges the Defendant originally owed to a credit card issuing bank, which debt was subsequently purchased by the Plaintiff. 2. The Defendant was served with the Complaint in this case on August 3, 2006. First Preliminary Objection - Pa. R.Civ. P. No. 1028(a)(2) - Failure to conform to rule of court (failure to attach contract upon which claim is based) 3. The claim of the Plaintiff in its Complaint is for breach of a written contract , between the Plaintiff's alleged predecessor and the Defendant. 4. The Plaintiff has failed to attach a copy of the contract between the Defendant and any party in interest, including the assignor of the Plaintiff. Although the Plaintiff attached a document which it asserts contains the terms and conditions of the agreement upon which the claim is based, that document is, by its express terms, not such a contract. Instead, it is merely an unsigned form Notice of changes in terms to some account being put in the name of First USA Bank, NA, which is not a party and which is not asserted to be an assignor of the Plaintiff. Further, the document appears to have been printed from a website, and there is no signature of other indication that the Plaintiff is a party to the terms of that document. It is dated 2/11/02, and there is no indication whether the Plaintiff accepted or operated under the change in terms. 5. Pursuant to Pa. RCiv. P. No. 1019(i), the Plaintiff is required to attach to the Complaint copies of all writings upon which its claims are based. 6. By failing to attach a copy of the contract upon which the Complaint is based, the Complaint does not comply with an express rule of court, in violation of Pa. RCiv. P. No. 1028(a)(2). Second Preliminary Objection - Pa. R.Civ. P. No. 1028(a)(2) - Failure to conform to rule of court (failure to attach written assignments of debts) 7. The Plaintiff asserts that it is the assignee of a predecessor to whom the Defendant allegedly owed the debt. Since the Plaintiff's right to a judgment is predicated upon a written assignment, that writing must be attached to the Complaint, pursuant to Pa. RCiv. P. No. 1019(i). 8. By failing to attach a copy of the assignment of the debt to the Plaintiff, 2 the Complaint does not comply with an express rule of court, in violation of Pa. RCiv. P. No. 1028(a)(2). Third Preliminary Objection - Pa. R.Civ. P. No. 1028(a)(2) - Failure to conform to rule of court (failure to provide sufficient details of amounts allegedly owed to Plaintiff) 9. The Complaint contains only a bald assertion of the amount the Plaintiff claims is owed by the Defendant. It provides no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the date or amounts of payments, nor dates and amounts of interest charges. 10. The document attached as Exhibit "2" does not contain any of the requisite details of the account, as required by Pa. RCiv. P. No. 1019(a). 11. By failing to provide the details of the account activity, the Complaint does not comply with an express rule of court, in violation of Pa. RCiv. P. No. 1028(a)(2). Fourth Preliminary Objection - Pa. R.Civ. P. No. 1028(a)(2) - Failure to conform to rule of court (failure to include a Verification with the Complaint) 12. The Plaintiffs Complaint does not contain a Verification; instead, it has attached an "Affidavit of Indebtedness." 13. The "Affidavit of Indebtedness" does not conform to the requirements of Pa. RCiv. P. No. 1024 for Verifications. 14. By failing to include a Verification, the Complaint does not comply with an express rule of court, in violation of Pa. RCiv. P. No. 1028(a)(2). 3 WHEREFORE, the Defendant demands that her Preliminary Objections be sustained, and the Plaintiffs Complaint be dismissed. Date: P / Y-tJ 6' 4 . . CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the/f~ay of ~, 2006, I served a copy of the foregoing Defendant's Preliminary Objections to Complaint, by first-class mail, postage prepaid, upon the following: Christopher M. Boback, Esquire Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 Attorney for Plaintiff n c: < -OQ: rlir, 1 Z." 7~C. (/)..+:: -<. ~C) :J> Cj b-() ::PC ~ ,..., = g; :P' c:: G"> (Jl -0 :J:; N .. .r:- \.t:J ~ ~ mfQ -Om -nC? be' ::-~1'" '.'-"1 Pc') 2m 9. ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name ofW ACHOVIA NATL CONY, CIVIL DIVISION No. 06-4352 Plaintiff, PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE vs. KATHY M. STJEAN, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: DEBORAH R. ERBSTEIN, ESQUIRE PA ill #86470 NICHOLAS D. KRAWEC, ESQUIRE P A ill #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ill #91730 Bernstein Law Firm, P.c. Firm #718 Suite 2200 Gulf Tower Pittsburgh, P A 15219 412-456-8100 BERNSTEIN FILE NO. R0063083 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name ofW ACHOVIA NATL CONY, Plaintiff, vs. Civil Action No. 06-4352 KATHYM. STJEAN, Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly discontinue without prejudice the above-captioned matter upon the records of the Court and mark the costs paid. BERNSTEIN LAW FIRM, P.C. By: Christopher M. Boback, Esquire Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO: R0063083 Sworn to and subscribed before me this /oioM day of ~71/fY1 M, 2006 NOI~I~ ~ Notary Seal LInd! Boy'.. NotarY Public City of Pittsburgh,. Allegheny ~ My Commission ExpIres October I . Member. Pennaylv8Illa As8OCiatioA ot Notan" cjh003628YOOl f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS doing business as UNIFUND assignee of BANK ONE DELAWARE NA account issued under the Name ofW ACHOVIA NATL CONY, Plaintiff, vs. Civil Action No. 06-4352 KATHY M. STJEAN, Defendant. CERTIFICATE OF SERVICE I, Christopher M. Boback, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue without Prejudice was served on the Defendant's attorney by regular U. S. Mail, postage prepaid, this /) -.l^.day o~ ~006, addressed as follows: Kathy M. StJean c/o Joseph K. Goldberg, Esquire The Law Office of Joseph K. Goldberg 2080 Linglestown Road, Ste 106 Harrisburg, P A 17110 cjh003628YOOl ;'.\ (i~ :1 .::.:> f".) SHERIFF'S RETURN - REGULAR CASE NO: 2006-04352 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS STJEAN KATHY M MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STJEAN KATHY M the DEFENDANT , at 1903:00 HOURS, on the 3rd day of August , 2006 at 55 SOUTH HIGH STREET NEWVILLE, PA 17241 by handing to KATHY M STJEAN 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 18.00 10.56 .00 10.00 .00 38 . 567 q /:1 blo~ So Answers: ~~<~ R. Thomas Kline ~ 08/04/2006 BERNSTEIN LAW FIRM Sworn and Subscibed to By: --~ ~,/ heriff before me this day of A.D.