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Home My WebLink About09-4222THIS IS AN ASSESSMENT 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 2061234 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. UNIFUND CORPORATION ASSIGNEE OF PALISADES COLLECTIONS, LLC 10625 Techwoods Circle Cincinnati, OH 45242 Vs. ROXANN HUSS 7 SHERWOOD DR ENOLA PA 17025 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : C)(1 _ yaaa at Vl Term 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 Corporation is a debt: buyer and successor in interest to Palisades Collections, LLC, the 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 original creditor under the terms of which the original creditor agreed to extend to defendant(s)tae use of original creditor'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 original creditor for the use of said credit card. 4. The defendant(s)received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. 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 as of June 16, 2009 in the amount of $1,505.44. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due 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 6/12/2005. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,505.44 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INB G, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff P01h 2061234 U1822645 UNIFUND CORPORATION AS ASSIGNEE OF PALISADES COLLECTION, LLC ROXANN HUSS 4128003202942119 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.,C.S. §4904 which provides for certain penalties for making false statements. 01A A-,Z CHRIS BRYAN EXHIBIT "All 1933 2061234 U1822645 UNIFUND CORPORATION AS ASSIGNEE OF PALISADES: COLLECTION, LLC ROXANN HUSS 4128003202942119 21Ti 7TnMC7TT I, Chris Bryan, being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $540.60 plus interest of $961.39 at the rate of 21.15% less credits in the amount of $.00 totaling $1,501.99 as of June 9, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. L AFFIANT Sworn to and Subscribed before me this 9th day of June, 2009 ry Public O?\p?R IA( STEVE BAILMAN NOTARY PUBLIC STATE OF OHIO Com Tres E e ?Z, .......•.. • Ju e l g 2 12 OF' 0 FILE l r CUi3 2"3 9.i i { I ' J r,!' * 78 .SO PO A-Ml CK,* SMO(o er'"? a ag65'1 Sheriffs Office of Cumberland County R Thomas Kline rttr at*?e?r?tt., Edward L Schorpp Sheriff c.9 Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant Unifund Corporation vs. Case Number Roxann Huss 2009-4222 SHERIFF'S RETURN OF SERVICE 06/25/2009 01:14 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1314 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Roxann Huss, by making known unto Kory Ness, adult in charge at 7 Sherwood Drive Enola, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 26, 2009 SO ANSWERS, ? ?-r R THOMAS KLINE, SHERIFF 1 a ? De uty Sherif o C= O Ev ?'1? %.0 . C GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FUNK, ESQUIRE Identification No.: 41200 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 UNIFUND CORPORATION AS ASSIGNEE OF PALISADES Vs. ROXANN HUSS 2061234 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-4222 STIPULATION OF SETTLEMENT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Suite 220, Conshohocken, PA 19428, for the sum of One Thousand One Hundred Ninety ($1,190.00) Dollars in installments as follows: a. One (1) payment of Three Hundred Ninety ($390.00) Dollars to be paid on or before July 10, 2009. 2. b. Four (4) equal and consecutive payments of Two Hundred($200.00) Dollars to be paid on or before the 10`n of each month beginning August 10, 2009. Defendant appears generally herein and submits to the jurisdiction of the Court. 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed in this matter plus judicial interest of 6% running from the date of filing. 4. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied and an Order to Satisfy, Discontinue, and End will be sent to the Defendant's attorney. In accordance with the terms of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon compliance with the above mentioned terms. Gordon and Weinberg, P.C. Roxann Huss Date: Q 9 Date: ?? --6'7 FILED-U?r',CE OF THE PRI OT •JCNNOTARY 2009 JUL 20 PM 2: 31 Cur = ,.? ?'?OUNTY PENNSYLVANIA 1 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CORPORATION AS ASSIGNEE OF PALISADES COLLECTION, LLC VS. ROXANN HUSS 2061234 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-4222 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $1,505.44 Less,: Payments on Account ( $390.00) Total: $1,115.44 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: UNIFUND CORPORATION ASASSIGNEE OF PALISADES COLLECTION, LLC and that the last known address of defendant, ROXANN HUSS, 7 SHERWOOD DR, ENOLA PA 17025. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. * AND NOW, this LI-Stk day of lam' , 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $1,115.44 as per the above certification. Prothonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE JOEL M. t?AK, ESQUIRE Attorney for Plaintiff I 2061234 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 CORPORATION AS ASSIGNEE OF PALISADES COLLECTION, LLC Vs. ROXANN HUSS TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-4222 NOTICE OF INTENTION TO TAKE DEFAULT ROXANN HUSS 7 SHERWOOD DR ENOLA PA 17025 DATE OF NOTICE/FECHA DEL AVISO: September 25, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. 41 BY: FREDER vI. WEINBERG, ESQUIRE JOEL 7. FLINK, ESQUIRE PLOD-2 -FILED -CIFFiCE OF f("= j "_a F"N jTAPY 2009 OCT 15 P11 2: 33 F try ..uJN 4-14-.00 Pfd AY M &-* g403G `aulw LNs4+ea. 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 2061234 UNIFUND CORPORATION AS ASSIGNEE OF PALISADES COLLECTION, LLC vs. ROXANN HUSS 7 SHERWOOD DR ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-4222 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X/ Judgment by Default $1,115.44 L1 Money Judgment $ ?L Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 S " P. 'PVOTHONOTARY ak$