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Home My WebLink About08-1439 2043418 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CCR PARTNERS 10625 Techwoods Circle Cincinnati, OH 45242 Vs. CHERYL FRISBY 337 STONEHEDGE LN MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Q$ - 14 39 NOTICE 0'i v, < Terms 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 JUDGEMENT 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Unifund CCR Partners is a debt buyer and successor in interest to the original creditor, CITIBANK SOUTH DAKOTA NA. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 3. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $10,269.15. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $10,269.15 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 8/22/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,269.15 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff P01h • 4% VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. -111'?? FREDERIC I. WEI , ESQUIRE EXHIBIT "A" AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton ) ss. Kim Kenney, being sworn, deposes and says that she is an authorized representative of Unifund CCR Partners, servicer, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242, and that she is authorized to make the following statements and representations which are within her personal knowledge, and that she is competent to testify to the matters stated herein. To the best of her knowledge the Defendant is not now in the Military Service as defined in the Soldier's and Sailor's Civil Relief Act of 1940 and amendments thereto. There is due and payable from CHERYL FRISBY, Account Number 5491130336954680, the amount of $9718.96. This account was issued under the name of CITIBANK SOUTH DAKOTA NA and acquired from Citibank (South Dakota) NA. Said account has been forwarded to Gordon & Weinberg PC.; as attorney for Plaintiff Unifund CCR Partners, for the purpose of the commencement of a legal suit, with full power and authority to do and perform all acts necessary for the collection, adjustment, compromise or satisfaction of said claim as permitted by law. I do solemnly declare and affirm under the penalties of perjury that the matters set forth above are true and correct to the best of my knowledge. DATED this 10/15/2007 'UNIFUND CCR PARTNERS By: Kim Kenney, Authorized Representative Title 10625 Techwood_s Circle, Cincinnati OH 45242 Address I hereby certify that on 10/15/2007, before me, the subscriber, a Notary Public for the State/County aforesaid, personally appeared the abo form of law. v ed affant, and made oath in due Notary \\\lun // 7e ,JENNIFER A DUNCAN Y NOTARY PUBLIC STATE OF OHIO 829 y Fi 7, Comm. Expires 012 July 04, 2 ??'?ilgTF OF "" \ , 'O NNfit IIIW' My commission Expires I Stl 0 Q S (? - d'-CV SHERIFF'S RETURN - REGULAR CASE NO: 2008-01439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS FRISBY CHERYL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRISBY CHERYL the DEFENDANT at 1655:00 HOURS, on the 24th day of March 2008 at 337 STONEHEDGE LN MECHANICSBURG, PA 17055 by handing to CHERYL FRISBY 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: So Answers: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.52 ?03/26/2008 GORDON & WEINBERG 3/28109 =.1 Sworn and Subscibed to By: before me this day Deputy eriff of A. D. UNIFUND CCRIPARTNERS VS. CHERYL ;1312-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM 1439 20_91L 08-1439 CIVIL TERM The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: counsel for the plaintiffs in the above (or actions), respectfully represents that: 1 The above-captioned action (or actions) is (are) at issue. The claim of plaintiff in the action is $ 10 269, 5 PLUS COSTS. INTEREST 6 ATTORNEY'S FEES The counterclaim of the defendant in the action is N/A The llowing attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as art itrators: FREDERIC I. WEINBERG WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to who the case shall be submitted. Re su 1111 FREDERIC I. INBERG, ESQUIRE ORDER OF COURT AND NOW, , 200_--, in consideration of the foregoing peti n, Esq., and Esq., and Esq., are appointed arbitrators in the above capti ned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY Z 4g MAY 27 AN ?!' Lq ? . ti $ai.oo PQ PArw cv,*Si17q 'aa58 IN THE COURT OF COMMON PLEAS OF UNIFUND CCR PARTNERS CUMBERLAND COUNTY, PENNSYLVANIA VS. CHERYL FRISBY 08-1439 CIVIL TERM RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: FRRnERTC I- HEI NERG , counsel for the plaintif$ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 10.269.15 PLUS COSTS. INTEREST & ATTORNEY'S FEES The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: FREDERIC I. WEINBERG WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respec su , FREDERIC I. INBERG, ESQUIRE ORDER OF COURT AND NOW, 2 200-1, in consideration of the foregoing petition, Esq., and _t7?atl A]" Esq., an , are appointed arbitrators in th above captioned acti . or actions) as prayed for. 4e; , EDGAR B. BAYLEY . NO. CIVIL TERM 1439 20_91_ 2 09 HA Y 27 Ai i ! i ' L) , i r R.T?'aas ?8 Esq. CoPi? uPi"??. aDoff C ;q , co 00 ps An cn C ? J, Z = =; __ Fri (j?,,'?',,,,? Plaintiff C -ev, y 14'rlSl x Defendant Signature Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office th fidelity. nature Ell Name (Chairman) ?5 a d, s l.r Law Firm fi.-fa / n al d Nam 15 Law Firm In The Court of Common Pleas of Cumberland County, Pennsylvania No /V3? o a Civil Action - Law. Signature Name ??? [?l n S o h. ID y -e Law Firm Address Address ??- Address C AP- /7-0// f T p 2 . , ici,r-A ' Zip city, zip City, Zip / 7d v-? d442.y Award -A?r? ? We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) az.,-? d tia Y))"/V/-, fF -/4 ?, s o o S K-3or. 7a c'Sc?rnSf -A & Cjaj emd -alu? Date of Hearing: /Z 4 Date of Award: I 1 4 . Arbitrator, dissents. (Insert name if applicable.) (Chairman) Notice of Entry of Award Now, the _ ?--day of , 20Q , at _, -&.M., the above award was entered upon the docket and notice they of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35o. dy By: Prothonotary Deputy HLE04',,?FICE OF THE PRO T' ONOTARY 2009 SEP -4 AM 8: 4 9 CiJ r .;UJNTY PENN&LVA4NA 91AllDi'- l.:ovrfr rnhi?? 12 y -' 4 . 2043418 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CCR PARTNERS COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 08-1439 CIVIL TERM CHERYL FRISBY PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD TO THE PROTHONOTARY: Please enter judgment on the attached arbitration award in favor of the plaintiff, UNIFUND CCR PARTNERS, against the defendant, CHERYL FRISBY in the amount of $5,839.24. FREDERIC I WE' NBERG, ESQUIRE JOEL M. FLI. ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CCR PARTNERS COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 08-1439 CIVIL TERM CHERYL FRISBY VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I ESQUIRE CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Enter Judgment on Arbitration Award, via First Class Mail, postage pre- paid, to all other parties or their counsel of record. CHERYL FRISBY 337 STONEHEDGE LANE MECHANICSBURG PA 17055 ICY, FREDERIC I. ??? Dated:" ESQUIRE P002-14 ;ZOY3 y1$ 00, ('V old 0 C /C Plaintiff F--- Defendant In The Court of Common Pleas of Cumberland /V3 )- 0 C County, Pennsylvania No. Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office th fidelity. ature Signature Signature V N - ---) fi x d,, , Name (Chairman) Law Firm n ;J Name %) M cis Law Firm r,' ? rK U- 4C, A Namef rr Le) y1 Soy,V Law firm rr r ? /V ?i J /1 ?! r ?f Sr . ?? S??n?Su •, C°roe J a/ Yl z) + K?? Address Address Address 5 1 C?? r , -70J1 ?/ ?J A 17 d ` l / ipff?? n? - City, 'Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 'P S i? 3Ii. -DV -z5 2? rnSJk `Av 41 ? J e7ndak-? . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: /z 4 Date of Award: Z Q (Chairman) Notice of Entry of Award Now, the _ --day of , 200 J_, at T,?f?; _&.M., the above award was entered upon the docket and notice ther of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ sQ, ?? `J; 4 By: T.s Prothonotary e I, . 4 2043418 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CCR PARTNERS COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 08-1439 CIVIL TERM CHERYL FRISBY 337 STONEHEDGE LANE MECHANICSBURG PA 17055 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $5,839.24. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 484-351-0500 GORDON & WEINBERG, P.C. A BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Dated: October 9, 2009 N TIN/ 2?t'j jiu s ?I4.oo Po Arrj Ce gSgo0 e a3asc(3 2043418 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CCR PARTNERS VS. CHERYL FRISBY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-1439 ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: 4--? C a dd Z = -^i r-q Co 'Z ,0 C_ --C ? -& r- r-? O v ? ?C -'-n "D 'Ti Kindly mark the judgment entered November 2, 2009 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. P005 BY: FREDERIC I. EI ERG, ESQUIRE JOEL M. FLI ESQUIRE Attorney for Plaintiff