HomeMy WebLinkAbout07-3617IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS ASSIGNEE CIVIL ACTION
OF PALISADES COLLECTIONS, LLC
c/o Edwin A. Abrahamsen & Associates, P.C.
120 North Keyser Avenue
Scranton, PA 18504 NO: 0"1 u ?Plaintiff
vs.
EUGENE W LAROCCA
273 FOX HILL RD
NEWBURG PA 17240 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 to Defend are served, by entering a written appearance personally or by an
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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO
FEE.
MIDPENN LECAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
(800) 932-0356 OR (717) 243-9400
FAX: (717) 243-8026
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS ASSIGNEE CIVIL ACTION
OF PALISADES COLLECTIONS, LLC
c/o Edwin A. Abrahamsen & Associates, P.C. ` ?, ??, ,
120 North Keyser Avenue NO: 1-7 Scranton, PA 18504
Plaintiff
VS.
EUGENE W LAROCCA
273 FOX HILL RD
NEWBURG PA 17240 Defendant
COMPLAINT
Plaintiff, Unifund CCR Partners, by and through its attorneys, Edwin A.
Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, UNIFUND CCR PARTNERS ASSIGNEE OF PALISADES
COLLECTIONS, LLC c/o Edwin A. Abrahamsen & Associates, P.C., (hereinafter
"Plaintiff') is a Pennsylvania corporation with a principal place of business located at 120
North Keyser Avenue Scranton, PA 18504.
2. The Defendant EUGENE W LAROCCA (hereinafter "Defendant") is an
adult individual residing at 273 FOX HILL RD NEWBURG PA 17240.
3. At all relevant times herein, Plaintiff was engaged in the business of debt
purchase and collection.
4. Defendant applied for and rec rived a credit card issued by B 1 BRAND
FREE CASH REWARD with the account number 4266812119229077.
5. The within account was opened by Defendant with account number
4266812119229077 and was sold by B1 BRAND FREE CASH REWARD to Unifund
for valuable consideration and all rights under said accounts were assigned to Unifund.
(See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.")
6. Use of the BI BRAND FREE CASH REWARD credit card was subject to
the terms of the Cardmember Agreement, a copy of which was sent to the Defendant
along with the credit card. (See, Copy of O.rdmember Agreement, attached here to and
marked Exhibit "B.")
7. Defendant used the B 1 BRAND FREE CASH REWARD credit card
account number 4266812119229077, for purchases, cash advances and/or balance
transfers.
8. The Defendant was mailed account statements relative to the Defendant's
use of the subject credit card.
9. The Defendant defaulted under the terms of the Agreement by failing and
refusing to make monthly payments on the account as they became due.
10. The account became delinquent on April 14, 2004.
11. The principal amount was $ ?,872.44 at the time it was received by
Plaintiff.
12. Pursuant to the account agreement, any unpaid balance accrues interest at
the rate of 6.
13. The total amount due and owing the Plaintiff including interest, is
$9,480.07.
14. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs
court costs and reasonable attorney's fees in the amount of 25% of the balance.
WHEREFORE, Plaintiff requests judgment in its favor and against
Defendant in the amount of $9,480.07 plus costs of suit, reasonable attorneys' fees of
$2370.02 and any other relief as the Court deems just and appropriate.
Respectfully submitted,
Edwin A. `Abrahamsen & Assoc' es; P.C.
Michael F. Ratchford, u*
Scott J. Best, Esquire
Attorney I.D. Nos.: P85/93600
120 N. Keyser Av ue
Scranton, PA 18504
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, Unifund CCR Partners, am fully
familiar with the facts set forth in the within Complaint and am authorized to make this
Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations
are true and correct to the best of my knowle. tge, knowing that any false statements are
punishable by law pursuant to 18 C.S.A. 4904.
AFFIDAVIT OF INDEBTEDNESS
State of Ohio )
County of Hamilton ) ss.
Kim Kenney being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein
called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and the
statements and representations herein are within her personal knowledge.
The defendant is not in any branch of the military.
There is due and payable from EUGENE W LAROCCA, Account Number 4266812119229077, the amount
of $9384.31 (principal balance in the amount of $7872.44 plus interest up through 04/10/2007 in the
amount of $1511.87). By the terms 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.
Chase Bank USA NA's account was issued under the name of B 1 BRAND FREE CASH REWARDS CAR
Unifund CCR Partners purchased this account from Chase Bank USA NA- Said account has been referred
to Law Ofcs of Edwin A. Abrahamsen & A 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 April 10, 2007
CCR PARTNERS
By: Kim Kenney
Media Supervisor
10625 Techwoods Circle Cincinnati, OH 45242
Address
Subscribed add sworn
????• u`; j:r `" '?•,r JENNIFER .
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me this 10 day of Ayril, 2007
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Page 1 of 1
Statement for account number: 4266 6121 1922 $077 BANK= ONE.
New Balance Payment Due Date Past Due Amount Minimum Payment
$040 04'18+04 $0.00 $0.00
Amoum Enclosed r4M ?e?eyeur01ra1rPry16N16hr1rOm
srldre6D a a-mei17 Pnm on beD3.
426681211922907700000000000000002
CARDMEMBE R SERVICE EUGENE W LAROCCA JR
450 A NORTH ST
P.O. SCx 16163 MILLERSBURG PA 17061-1448
WILMINGTON DE 19988-6163
II 1111111101 111 I?II?II?I111?7? 1111111111 lll?lll'1'r"II'rll111 bolllndllnnllundhrdLlrrLllrllnluLLlLrrrrlLl
1:500016?Hit: 20i2Li92290773u'
u 1111, 03:24.04
Slabme
CUSTOMER S
?N?
_ON? t
Psymant Dw D Dab: .S.
-7Q
04'18414 In InU U.S. 1-800-43e438-7827
= Minimum Payment Du is $0.00 Espanol I-888-4463308
TOO I-800-965-8660
0:4sids U.S. call called
1-302-594-8200
VISA ACCOUNT SUMWIARY Account Number: 4260 8 121 1922 9077
Previous Balance $8,030.44 Total Credit Line $6,000 ACOOYHf oallows
Payments, Credits • 30,527.91 Available Credit $D PO . 111-DMo
Rbr*vk. DE 1'100-M!o
Purchases, Cash, Debra + *0.00 Cash Access Line $1,200
FinandCharges •50.00 Available for Cash S3 PAYMENT ADDMSS
New Balance $0.00 P 0. a.. urea
WbrpM, DE 1I M4183
Y19rT US AT.
a..esan.+b.. ?.seom
REWARDS SUMMARY
POINTS EARNED THIS PERIOD:
PURCHASES 0
FINANCE CHARGES 0
BOMW POINTS 0
TOTAL POUTS EARNED THIS PERIOD 0
PREVIOUS POINT BALANCE 7,504
POURS REDEEMED THIS PERIOD D
TOTAL POINTS D
POUTS DUE TD RRrIRE ON 00-0000
POUTS EXPIRED THIS PERIOD
TO RWEEN YOUR POINTS. CALL THE
NUMBER ON THE SACK OF YOUR CARD.
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
0324 F4963WF40002W01 C CHARGE OFF ACCOUNT-PRINCIPALS 6.527.91
O9r24 C44ARGEOFFACCOUNT 'FINANCE CHARGES* 1.502.33
FINANCE CHARGES PERIODIC RATE(S) ANDAPR(S) MAY VARY
By Corresponding Finance Charge
Periodic Rate APR Average Daily Balance Due To Transaction FINANCE
Category 01 days in cycle Previous Cycle Current Cycle Periodic Rate Fees CHARGES
Purohases .027577. 9.997 - - - - Be=
Cash advances .054777. 19.99% - - fioza
Total finance charges $O.CC
Effective Amltsl Percenlryp Rate, (APM: NIA
Grace Period Type: A (Please we back 0yslarernenrfor tke 3raoa Pwiodo Lana ioron.)
The Corresponding APR is the rate of interest you pay when you carry a balance on purchases or cash advances.
The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer
1400 - 0XPleaeed as a percentage.
70304120 SAVE TIME AND A STAMPI TO MAKE YOUR PAYMENT JUST LOGCN TO
YOUR ACCOUNT AT W W W.GARDMEMBERSERV ICES.COM AND SELECT
'MAKE PAYMENT ONLINE' FROM THE MENU OR CALL 800-436-7968.
YOUR PAYMENT WILL BE POSTED WITHIN THREE BUSINESS DAYS AND
THERE ARE NO FEES FOR THESE SERVICESI
70304121 PAY MONTHLY BILLS AUTOMATICALLY. CONTACT YOUR SERVICE
PROVIDERS AND ASK TO SET UP AUTOMATIC PAYMENTS WITH YOUR
BANK ONE VISA CARD. YOU'LL SAVE TIME AND HASSLE EVERY MONTH
FOR MORE INFORMATION, VISIT WWW.CAROMEMBERSERVIGES.COM
AND CLICK CN BANK ONE BILL MANAGER.
This Statement is a Facsimile - Not an Original
Selo 0406 11371 ND 3 34 041324 2NPees 7 e/ 1 Goes 1241 It"207 O1C33131
.? ?(y/Q lT
Feb 22 2006
1300
ACCOUNT NUMBER BALANCE AS OF PAYMENT DUE DATE MINIMUM PAYMENT PAYMENT ENCLOSED
04A 011007
4266812119229077 9,384.31 PAST DUE 9,384.31
AMx CKtles Payable To IInILnE
UNIFUNQ STATEMENT
EUGENE W LAROCCA
273 FOX HILL RD
NEWBURG PA 17240
MESSAGE FROM UNIFUND
YOUR ACCOUNT IS PAST DUE $9,384.31. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. PLEASE REMIT
IMMEDIATELY. IF YOU HAVE ALREADY SENT APAYMENT FORTHEABOVEAMOUNT,THANKYOU.
TRANSACTIONS:
Date _- Transaction IR Balance Due Payments New Balanc
04H 0!2007 Chase Bank USA NA's Account 0.0600 9,384.31 9,384.31 0 9,384.31
Was Issued Under The Name Of
B1 BRAND FREE CASH REWARDS
CAR.
PROMPT CREDITING OF PAYMENTS. TO RECEIVE CREDIT FOR PAYMENTS AS OF THE
DATE OF RECEIPT, WE MUST RECEIVE YOUR CHECK OR MONEY ORDER AT:
UNIFUND
10625 TECHWOODS CIRCLE
CINCINNATI, OH 45242
PAYMENTS RECEIVED ATTHEABOVEAD0RESS IN THE MANNER SPECIFIED AFTER THAT
TIME WILL BE CREDITED TO YOUR ACCOUNT AS OF OUR NEXT BUSINESS DAY. THE
CREDITING TO YOUR ACCOUNT OF PAYMENTS RECEIVED AT ANY LOCATION OTHER THAN
THE ABOVE ADDRESS MAY BE DELAYED UP TO 5 DAYS OF RECEIPT.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. FEDERAL LAW REQUIRES US TO INFORM YOU THAT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IMLL BE USED FOR THAT
PURPOSE.
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Vi J
1 D
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03617 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
LAROCCA EUGENE W
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LAROCCA EUGENE W the
DEFENDANT , at 1405:00 HOURS, on the 16th day of July 2007
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
EUGENE LAROCCA JR
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:
Docketing 18.00
Service 24.00
Affidavit .00
Surcharge 10.00
.00
Flo4/d 17 -? 52.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
07/17/2007
EDWIN ABRAHAMSE ASSOCIATES
By: e
Deputy Sheriff
A. D.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners CIVIL ACTION
Plaintiff NO.: 07-3617
v.
EUGENE W LAROCCA
Defendant
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE CLERK OF JUDICIAL RECORDS:
Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the
amount of $11,850.08, which includes reasonable attorneys' fees. Notice of the intent to file a
default judgment was served upon the Defendant on August 17, 2007. A copy of the Notice of
Intent to Take Default Judgment is attached hereto and marked Exhibit "A."
Michael F. Ratchford,
JUDGMENT
AND NOW, this q4'k day of d- , 202, Judgment is hereby entered in favor
of the Plaintiff and against the Defendant in the amount of $11,850.08, which includes
reasonable attorneys' fees for failure to respond to Plaintiff's Complaint.
CLERK OF JUDICIAL RECORDS
S
J.
Edwin A. Abrahamsen & Associates, P.C.
u A? r
LAW OFFICES
EjDmNA. ABRMIAMSEN
"AsSOCMTES, P.C.
120 N. Keyser Avenue • Scranton, PA 18504
Toll Free: 1-800-503-1665 Phone: 570-558-5510 Fax: 570-558-5511
August 17, 2007
EUGENE W LAROCCA
170 W POMFRET ST
Carlisle PA 17013
Re: Unifund CCR Partners v. EUGENE W LAROCCA
CUMBERLAND County Civil Action No. .0 -Z
Dear EUGENE W LAROCCA :
Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above-
noted matter. Please act accordingly.
If you have any questions or wish to discuss your outstanding account, please contact me
at (570) 558-5510.
Edwin A. Abrahamsen & Associates,
Michael F. Ratchford, re
Enclosure
This is a communication from a debt collector in an attempt to collect a debt. Any information
will be used for that purpose.
A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners
Plaintiff
v.
EUGENE W LAROCCA
Defendant
CIVIL ACTION
NO..
e?):? - 3;? -?-
TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
To: EUGENE W LAROCCA
170 W POMFRET ST
Carlisle PA 17013
Date of Notice: August 17, 2007
IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
(717) 243-9400
At .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Unifund CCR Partners
Plaintiff
V.
EUGENE W LAROCCA
Defendant
CIVIL ACTION
NO.: 07-3617
CERIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served
a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing
the same via First Class United States mail, postage prepaid addressed as follows:
EUGENE W LAROCCA
170 W POMFRET ST
Carlisle PA 17013
Date: *4xy
Edwin A. Abrahamsen & Associates, P.C.
By: U" ' G r,
Michael F. Ratchford, Esquire
Attorney I.D. No.: 86285
120 Keyser Avenue
Scranton, PA 18504
(570) 558-5510
f C - -rt
Unifund CCR Partners
10625 Techwoods Circle
Cincinnati, OH 45242
Plaintiff
vs.
EUGENE W LAROCCA
415 lincoln st
Carlisle PA 17013
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
NO: 07-3617
Defendant Praecipe to Settle, Satisfy and Discontinue
Judgment
To the Prothonotary of CUMBERLAND County Pennsylvania:
Please enter the above Praecipe to Settle, Satisfy and Discontinue Judgment.
Thank you,
-?f
Michael F. Ratchfo
Edwin A. Abrah
Lawyer ID # 8W85
5
Sworn and
otary Public
NOTARIAL SEAL
JENNIFER LOTH
Notary Public
CITY OF SCRANTO d, LAC:KAIWA.^!NA MINI Y
& Associates, P.C.
day of
_MON A
C a
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to