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HomeMy WebLinkAbout06-7160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., NO, Q(e _. '~-~(~ C16u `~ assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION l assignee of CHASE BANK USA, ~ `. Plaintiff(s), -vs- ARLENE A. CLEVER, Defendant(s). 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 COMMONWEALTH FINANCIAL SYSTEMS, INC., NO. assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CHASE BANK USA, Plaintiff(s), -vs- ARLENE A. CLEVER, Defendant(s). NOTICE TO DEFEND YOU HAVE BEEN SUED 1N 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, PA 18504 and as the assignee of Unifund CCR Partners, assignee of Chase Bank USA, stands in its assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff'. 2. Defendant is an individual whose address is 295 Whitmer Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. 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. 4. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 5. 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. 6. Plaintiff avers that the balance due amounts to $4,372.52, as is more specifically shown by Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 7. Plaintiff avers that the interest has accrued at the rate of 8.00% per annum on the balance due from December 19, 2005. 8. 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. 9. 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 $4,372.52, with appropriate additional interest from December 19, 2005, plus attorneys fees and costs. APPLE AND APPLE, P.C. sy: Attorneys for Plaintiff(s) 4 -. ~. ,. .ry .. 4. ~} r xy3, 7 Q ft is ~?~ ;v, __..._.. Q' O O O O O O' ~ ~~~~ " ~ ~ ~ ~~ m ~~`+ s ~ iS _ O7 s= L17(~ O u~ "° 'tit O O~ ~O O! O }~ O O O O ~ ~ u7 #~ CV CV O O O ~ O ~ ~~ t ~ji O a t-' 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. X4904 relating to unsworn falsification to authorities. 9-~~d~ Date: ~~~ PATRICIA COBB Executive Vice President 120 North Keyser Avenue Scranton, PA 18504 Apple & Apple File No. ~ CFSI File No. ~~~~ ~ ~ '~Q O ~ w ~`~ r.'"~ C." -. ~,.~ <ra~ c,_~ u. is ~'7 CJ C13 -ri --~ i"i'! _~+ r ~~ ~.- i(~ - 1~ ~.~..' --1 --C COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR PARTNERS, assignee of CHASE BANK, USA, Plaintiff v. ARLENE A. CLEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-7160 CIVIL TERM IN CIVIL ACTION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Arlene Clever, to proceed in forma au ens. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing fr~ legal services to the party. Je ica"Holst;'~squire M dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 5~:~ ~ ii r -"- :? ~ -~ , -: '.. .'V. ... / ~ ' L . i (~ ~ :.~/ ~ e "~ r a.l1 ""~. COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR PARTNERS, assignee of CHASE BANK, USA, Plaintiff v. ARLENE A. CLEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-7160 CIVIL TERM IN CIVIL ACTION DEFENDANT' S PRELIMINARY OBJECTIONS TO PLAINTIFF' S COMPLAINT Pursuant to Pa.R.C.P. No. 1028(c), Defendant Clever, by her attorneys, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: I. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed aComplaint -Civil Action demanding damages in the amount of $4,372.52 plus costs and attorneys fees. 2. Plaintiff has failed to attach to the Complaint a signed written contract between Plaintiff and Defendant. Such writings would form the very core of Plaintiff's case, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P. No. 1019(1). 3. Paragraph 6 alleges that the "Statement of Account" attached to the Complaint shows that the balance due totals $4,372.52. While Plaintiff attaches something to the Complaint as Exhibit A, it does not show any credits or debits on the alleged credit card account at issue. ., • Moreover what is attached to the Complaint as Exhibit B is unintelligible and Defendant cannot discern its meaning. THEREFORE, Defendant Clever demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint, conforming in form and substance with all applicable Rules of Civil Procedure, within twenty (20) days. II MOTION TO STRIKE/INSUFFICIENT SPECIFICITY OF PLEADING 4. The Complaint as a whole is so grossly vague and deficient in reciting factual averments that Defendant is without information upon which she can premise a meaningful response and formulate a defense. 5. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 6. Given the generality of Plaintiff's allegations and the insufficiency of its attachment, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Clever demands that Plaintiff's Complaint be stricken without prejudice to the filing of a more specific Complaint, within twenty (20) days. Date: ~ ~~ ~ ~ MIDPE EGAL SERVICES By: ~_ Jessi a ols ,Esquire 401 ast Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR PARTNERS, assignee of CHASE BANK, USA, Plaintiff v. ARLENE A. CLEVER, Defendant IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-7160 CIVIL TERM IN CIVIL ACTION Affidavit of Service The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James R. Apple, Esquire Charles F. Bennett, Esquire Joel E. Hausman, Esquire Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 Services Je~fsic~ Holst, Esquire 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 r COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR PARTNERS, assignee of CHASE BANK, USA, Plaintiff v. ARLENE A. CLEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-7160 CIVIL TERM IN CIVIL ACTION DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No. 1028(c), Defendant Clever, by her attorneys, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: I. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed aComplaint -Civil Action demanding damages in the amount of $4,372.52 plus costs and attorneys fees. 2. Plaintiff has failed to attach to the Complaint a signed written contract between Plaintiff and Defendant. Such writings would form the very core of Plaintiff's case, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P. No. 1019(1). 3. Paragraph 6 alleges that the "Statement of Account" attached to the Complaint shows that the balance due totals $4,372.52. While Plaintiff attaches something to the Complaint as Exhibit A, it does not show any credits or debits on the alleged credit card account at issue. i Moreover what is attached to the Complaint as Exhibit B is unintelligible and Defendant cannot discern its meaning. THEREFORE, Defendant Clever demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint, conforming in form and substance with all applicable Rules of Civil Procedure, within twenty (20) days. II MOTION TO STRIKE/INSUFFICIENT SPECIFICITY OF PLEADING 4. The Complaint as a whole is so grossly vague and deficient in reciting factual averments that Defendant is without information upon which she can premise a meaningful response and formulate a defense. 5. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 6. Given the generality of Plaintiff's allegations and the insufficiency of its attachment, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Clever demands that Plaintiff's Complaint be stricken without prejudice to the filing of a more specific Complaint, within twenty (20) days. Date: ~ ~I ~ ~ MIDPE EGAL SERVICES B y: _ Jessi a ols ,Esquire 401 ast Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR PARTNERS, assignee of CHASE BANK, USA, Plaintiff v. ARLENE A. CLEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 06-7160 CIVIL TERM IN CIVIL ACTION Affidavit of Service The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James R. Apple, Esquire Charles F. Bennett, Esquire Joel E. Hausman, Esquire Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 MidPenn,Iae~l Services Je~sicd Holst, Esquire 401 East Lowther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 C'~ ~., c° ~:~~ _ ~~ ry`yn ~~ -- ' ";^~I~'? ___ ~._ `"`' ~r~ ~~`"" ~. I 7 ~ '~ ~. <_' j ,lij C.R.) :'y t; ' '`C ~' ~..,,, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court CAPTION OF CASE (entire caption must be stated in full) Commonwealth Financial Systems, Inc., Assignee of Unifund CCR Partners, assignee of Chase Bank, USA, (Plaintiff) Arlene Clever, vs. (Defendant) No. 06-7160 Civil Term State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion to StrikeiFailure of Pleading to Conform to Law and Rule of Court Defendant's Motion to Strike/Insufficient SpecificitYof Pleading 2. Identify counsel who will argue cases: (a) ` for plaintiff: Apple & Apple PC (Name and Address) 4650 Baum Blvd Pittsburgh PA 15213 (b) for defendant: Jessica Holsi Esq. MidPenn Leeal Services 401 E. Louther St. Suite 103 Carlisle PA 17013 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Februa 28 2007 Jessica Holst Print your name Date: ~ '(~ ~" ~S2 a l `! Attorney for i~~~n ~~ ~' !t ~- COMMONWEALTH FINANCIAL : IN THE COURT OF COMMON PLEAS SYSTEMS, INC., assignee of :CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, assignee of CHASE BANK, USA, : NO: 06-7160 CIVII. TERM Plaintiff v. IN CIVIL ACTION ARLENE A. CLEVER, Defendant Affidavit of Service The undersigned hereby certifies that on the below stated date, she served a true and correct copy of the within Praecipe to List for Argument Court, by mailing same to the office of Plaintiff's attorney of record by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James R. Apple, Esquire Charles F. Bennett, Esquire Joel E. Hausman, Esquire Apple & Apple, P.C. 4650 Baum Boulevard Pittsburgh, PA 15213 Services J~,ss+(ca Holst, Esquire O1 East Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 ~~ ~i r._.> {~') 1 ... ..,r.~ =; -' 1 ~ •--C ~.. ~ ' 1~ ' S" t `_ ~ G3 - ~.'..i!.~..::. ~~ ~ ~1', _- ~ ~, .c' .._I C~'~ C::: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., N0.2006-7160 assignee of UNIFUND CCR PARTNERS, IN CIVIL ACTION assignee of CHASE BANK USA, Plaintiff(s), -vs- ARLENE A. CLEVER, Defendant(s). PRAECIPE TO SETTLE AND DISCONTINUE 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 ~ ~~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC., assignee of UNIFUND CCR PARTNERS, assignee of CHASE BANK USA, Plaintiff(s), -vs- ARLENE A. CLEVER, Defendant(s). PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly Settle and discontinue the above-captioned matter upon the records of the Court. Dated ~l ~ ~~ ~~ N0.2006-7160 IN CIVIL ACTION APPLE AND APPLE, P.C. 1 By: Attorneys for Plaintiff I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE ABOVE CASE. THIS STATEMENT IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATIONS TO AUTHORITIES. C3 r-~ Qi ~ C_ , ~ ~ --~~ i~'"' W = ~ pc=t r ~ ~v ~, ~ ~~ C3 '.71 ~~ ~-- ` _ -zry ~; `., .=__ ~ {_~ ~ - z ~ . ~. .w ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-07160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS CLEVER ARLENE A SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLEVER ARLENE A the DEFENDANT at 1932:00 HOURS, on the 26th day of December 2006 at 295 WHITHER ROAD SHIPPENSBURG, PA 17257 by handing to RANDY PANNABAKER SON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: So Answers: Docketing Service 18.00 15.84 ~ Affidavit .00 .~ Surcharge 10.00 R. Thomas Kline .00 i1~.~t ~6'1 (~ 4~ 00/00/0000 Sworn and Subscibed to By: ~ ""'"" ..... before me this day .,... Depu Sheriff ""` of A.D. wr 1~ .~ ....