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Home My WebLink About08-29202046322 THIS IS AN ARBITRATION ASSESSMENT OF DAMAGES 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 MATTER. HEARING REQUIRED. UNIFUND CCR PARTNERS ASSIGNEE OF PALISADES COLLECTIONS, LLC 10625 Techwoods Circle Cincinnati, OH 45242 Vs. JAMES R GREGG 320 N COLLEGE ST CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 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 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 $12,038.57. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $12,038.57 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 9/23/04. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,038.57 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, 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. K?? FREDERIC I. EIN RG, ESQUIRE EXHIBIT "A" AFFIDAVIT OF INDEBTEDNESS ? `-!b 3 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 JAMES R GREGQ Account Number 5256072051011731, the amount of $11343.96. 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. I hereby certify that on 12/23/2007, before me, State/County aforesaid, personally appeared th form of law. ??:..JENIVIFER A DUNCAN NOf1l.-RY PUBLIC ST,-1kT[ OF 0H;0 Ccrrlm. Expires 829 July 04, 2012 a N aiy Public for the a t, and made oath in due My commission Expires 10625 Techwoods Circle Cincinnati OH 45242 Address IV 'k -W4 g ? o w N ` CJ7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS GREGG JAMES R BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GREGG JAMES R DEFENDANT the at 2025:00 HOURS, on the 12th day of May 2008 at 320 N C_OT.T RC,'R c911?L-V1r CARLISLE, PA 17013 JAMES GREGG 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: Docketing Service Affidavit Surcharge 18.00 5.00 .00 10.00 ? 00 33.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 05/13/2008 GORDON & WEINBERG BY : Deputy Sheriff/ A. D. was served upon COURT OF COMMON PLEAS CUMBERLAND COUNTY UNIFUND CCR PARTNERS ASSIGNEE } OF PALISADES COLLECTIONS, LLC ) 10625 Techwoods Circle ) Cincinnati, OH 45242 ) Plaintiff, Civil Term V. } DOCKET NO.: 08-2920 } JAMES R. GREGG ) 320 N. COLLEGE ST. ) CARLISLE PA 17013 ) Defendant. ) ANSWER OF DEFENDANT Defendant James R. Gregg answers the Complaint of Unifund CCR Partners Assignee of Palisades Collections, LLC. 1. The Defendant lacks sufficient information to either admit or deny the allegations of Paragraph 1 of the Complaint. 2. The Defendant admits the allegations of Paragraph 2 of the Complaint. 3. The Defendant admits he opened a charge account with plaintiff; the Defendant lacks sufficient information to admit or deny what the terms and conditions were prescribed by the plaintiff for the use of the credit card and therefore denies any agreement with plaintiff as alleged in Paragraph 3 of the Complaint. 4. The Defendant admits the allegations of Paragraph 4 of the Complaint that he received and accepted goods and merchandise through the use of the credit card issued by Plaintiff. The Defendant denies the amount claimed due and owing and demands strict proof thereof. 5. The Defendant denies the amount claimed due and owing and demands strict proof thereof. 6. The Defendant denies the allegations of Paragraph 6 of the Complaint. 7. The Defendant lacks sufficient information to either admit or deny the allegations of Paragraph 7 of the Complaint By way of further answer 8. Defendant desires to avoid bankruptcy and, to that end, has engaged the services of a debt management company to which he is making regular payments into a fund to be used to pay his debts. While Defendant urgently wants to pay his debt he needs additional time to do so. 9. Defendant has repeatedly offered to restructure payments on the debt that Defendant can afford but the Plaintiff has failed or refused to accept such payments. 10. Defendant is willing to make payment arrangements with the Plaintiff. WHEREFORE the Defendant requests: 1. That the relief prayed by the Plaintiff be denied and the Plaintiff be requested to work with Defendant and his debt management company to negotiate a payment schedule within the Defendant's means. 2. That the Court award such other and further relief as the nature of this case may require. U " v James R. Gr fg j 320 N. College St. Carlisle PA 17013 717-243-4026 VERIFICATION and verifies that the JAMES R. GREGG, hereby states that he is the defendant in this action statements made in the foregoing pleading are true and correct to the best of my 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. i AMES R. GREGG' ? r? eo t??'?' ?r ? C? .. -? ? ; ? ? ? r? ?- Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 UNIFIED CCR PARTNERS ASSIGINEE PALISADES COLLECTIONS, LLC 10625 Techwoods Circle Cincinnatti, OH 45242 : IN THE COURT OF COMMON OF : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. JAMES R. GREGG 320 N. College St. Carlisle, PA 17013 Defendant CIVIL ACTION - IN LAW 5? Co c C- NO.08-2920 Civil Term c -- co PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for the Defendant in the above captioned matter. w` Date: July ? , 2008 4r cl*4-? Co DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant t) r.a Cno c CD