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Home My WebLink About06-4850IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CASE NO.: IN CIVIL ACTION: COMMONWEALTH FINANCIAL SYSTEMS, INC. assignee of UNIFUND CCR PARTNERS Plaintiff VS. WILLETTE MANNING Defendant U L --#VSa COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CASE NO.: IN CIVIL ACTION: COMMONWEALTH FINANCIAL SYSTEMS, INC. assignee of UNIFUND CCR PARTNERS Plaintiff VS. WILLETTE MANNING Defendant 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, 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, PA 17013 1800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation having offices at 120 North Keyser Avenue, Scranton Pennsylvania, and as the assignee of Unifund CCR Partners, stands in its assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff'. 2, At a specific instance the Assignor sold, assigned and transferred to Plaintiff all of Assignor's right, title and interest in, and to the agreement between Assignor and Defendant. Assignor had the right to assign the agreement. A copy of the assignment is attached hereto as Exhibit "A". 3. All conditions precedent to Assignor's right to be paid under the terms of the contract have occurred. 4. Defendant is an individual whose address is 88 N 18th St, Carlisle, Cumberland County, Pennsylvania 17103. 5. At a specific instance and request of the Defendant, the Defendant applied for and was granted a credit card and/or loan by Plaintiff at the terms and conditions agreed upon by the parties. 6. The Plaintiff avers that the agreement between the parties was based upon a written agreement which the Defendant accepted by using credit card or loan to make purchases and/or cash advances. 7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 8. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 9. Plaintiff avers that the balance due amounts to $5,882.63, as is more specifically shown by Plaintiffs Statement of Account. 10. Plaintiff avers that the interest has accrued at the rate of 10% per annum on the balance due from May 23, 2005. 11. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiff avers will amount to 25% of the balance due. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $5,882.63, with appropriate additional interest from May 23, 2005, plus attorneys fees and costs. APPLE AND APPLE, P.C. By: Attorneys 44intiff(s) s Muslim U 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 Commonwealth Financial Systems ("Purchaseel, dated as of January 11th, 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 0)-J" David Rosenberg CEO/Chairman For Unifund Use ONLY Client# PlD CID# 20 I EXN iArT , J State of Ohio ) County of Hamilton) ss. AFFIDAVIT AND ASSIGNMENT Kim Kenney, being sworn, deposes and says that she is Media Manager of UNIFUND CCR PARTNERS herein called assignor, which is doing business at 10625 Techwoods Circle, Cincinnati, OHIO 45242 and that she is authorized to make the statements and representations herein. There is due and payable from WILLETTE MANNING, Acct. #5417380802509291, SSN : 200227383, as of the 10/31/02, the amount of $4291.35. By the terms of the agreement between the defendant and the original creditor, interest is accruing at the rate of 10.00 percent per annum. This account was originated with Us Bank National Association Nd. Unifund CCR Partners purchased this account from Us Bank - Mastercard Regular. Said agreement is hereby assigned, transferred and set over unto COMMONWEALTH FINANCL41 SYSTEMS with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim. The affiant states that to the best of the affiant's knowledge, information and belief there are no uncredited payments, just counterclaims or offsets against the said debt. Further, the undersigned acknowledges that in making this assignment, the assignor has made a complete assignment of said debt and that COMMONWEALTH FINANCIAL SYSTEMS is now the owner thereof, and they have complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said debt for any purpose. DATED this 28 day of February. 2006. I? UMFUND CCR PARTNERS By: Kim Kenney Media Manager Title 10625 .Techwoods Circle Cincinnati H 45242 Address Subscribed and sworn to before me this 28 day of February 2006 by Kim Kenney Media Manager of Unifand CCR Partners. My commission expires: Client # 448 F-022806-0084 NOTARY k)-evbc?? '-? y_ , 7 AFFIDAVIT I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, verify that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. -7-27 ?0? Date: PATRICIA COBB Executive Vice President 120 North Keyser Avenue Scranton, PA 18504 Apple & Apple File No. U & 4CP/ CFSI File No. aISJ Y,13 7 VI t!t ? V h a m r:C_ r7 -s Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor t% -'hg S6 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573