The URL can be used to link to this page

Home My WebLink About08-1929 w 2046321 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 ASSIGNEE OF PALISADES COLLECTIONS, LLC 10625 Techwoods Circle Cincinnati, OH 45242 Vs. THOMAS E AMSPACHER 16 SCRAFFORD ST SHIPPENSBURG PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Q$- (4aq 0 iVi ( Tern" NOTICE 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 IL COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Unifund CCR Partners is a debt buyer and successor in interest to Palisades Collections, LLC, the successor in interest to the original creditor, CITIBANK USA 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 $6,108.35. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $6,108.35 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 9/21/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,108.35 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01h 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. FREDERIC I. WEI , ESQUIRE EXHIBIT "A" AFFIDAVIT OF INDEBTEDNESS ?O(. u ?5 a C 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 THOMAS E AMSPACHER, Account Number 5256065061771674, the amount of $5932.22. This account was issued under the name of CITIBANK USA NA and acquired from Citibank (South Dakota) NA. Said account has been forwarded to Gordon & Weinberg P.C., as attorney for Plaintiff Unifund CCR Partners assignee of Palisades Collection LLC, 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. p.Dilthis 12/23/2007 UNIFUND R PARTNERS By: Kim Kenney, Authorized Representative Title 10625 Techwoods Circle, Cincinnati, OH 45242 Address I hereby certify that on 1.2/23/2007, before me, 1 State/County aforesaid, personally appeared the form of law. a Notary Public for the iffiant, and made oath in due otary My commission Expires `? JFNN:FFR A DUNCAN .. .,, NGT-Py PUBLIC OF OHIO TAT - l.Grf21;i. El(-Ires July 04, 2012 .? 829 JA- tJ O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01929 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS AMSPACHER THOMAS E RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon r *nr+T' -T- mTT/\TT/fT C1 U the DEFENDANT , at 2041:00 HOURS, on the 4th day of April , 2008 at 16 SCRAFFORD ST SHIPPENSBURG, PA 17257 THOMAS E AMSPACHER by handing to 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 Affidavit 18.00 20.00 00 Surcharge 10.00 R. Thomas Kline J n ?1?df D? %"" 00 48.00 04/07/2008 GORDON & WEINBERG Sworn and Subscibed to By: / ( before me this day J Deputy eriff of A.D. t UNIFUND CCR PARTNERS IN THE COURT OF COMMON PLEAS OF ASSIGNEE OF PALISADES : CUMBERLAND COUNTY, PENNSYLVANIA COLLECTIONS, LLC., Plaintiff V. THOMAS E. AMSPACHER, Defendant No. 08-1929 CIVIL TERM ANSWER AND NOW COMES the Defendant, Thomas E. Amspacher, by and through his attorneys, Weigle and Associates, P.C., and Richard L. Webber, Jr., Esquire and files this Answer to the Plaintiff's Complaint, averring the following: 1. Admitted. 2. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments. The averments are therefore denied. By way of further response, paragraph 2 of Plaintiffs Complaint does not reference a specific agreement between the original creditor and the Defendant, nor is such agreement, if written, attached to the Complaint. Defendant does not believe that he entered into any agreement with the original creditor. 3. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments. The averments are therefore denied. By way of further response, paragraph 3 of Plaintiffs Complaint does not reference a specific agreement between the original creditor and the Defendant, nor is such agreement, if written, attached to the WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r Complaint. Defendant does not believe that he entered into any agreement with the original creditor. 4. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments. The averments are therefore denied. 5. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments. The averments are therefore denied. 6. Admitted. 7. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment. The averment is therefore denied. WHEREFORE, Defendant respectfully request that your Honorable Court enter judgment against Plaintiff and in favor of Defendant and that Defendant be awarded costs and other appropriate relief. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Date: S / 7/ op By: n-") 4; Richard L. Webber, Jr., Esquire Attorney for Defendant Attorney ID No. 49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 v VERIFICATION I verify that the statements made in the foregoing Answer is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Dated: S-/7/? IK Thomas E. Amspacher WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 'r7 ca t7 2! M o .. --r W -+C