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Home My WebLink About09-6612THIS 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 2065349 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. -_ UNIFUND CORPORATION COURT OF COMMON PLEAS 10625 Techwoods Circle CUMBERLAND COUNTY Cincinnati, OH 45242 VS. DOCKET NO. Qq-(G(p?o1 l?IV1? It°1"M SCARLET E RAILING 1874 GEORGE AVE CARLISLE PA 17013 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 Corporation 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 defend- ant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the 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 August 18, 2009 in the amount of $47,052.77. 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 5/30/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $47,052.77 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: / FREDERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POlh 2065349 U3318222 Unifund Corporation SCARLET E RAILING 5410658435404973 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. CHRIS BRYAN EXHIBIT "A" 1933 SCARLET E RAILING 5410658435404973 n7rTr)nN7TT 2065349 U3318222 Unifund Corporation 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 $21,702.60 plus interest of $24,713.56 at the rate of 31.49% less credits in the amount of $.00 totaling $46,416.16 as of July 21, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. 4- CHRIS BRYAN, AF ANT Sworn to and Subscribed before me this 21st day of July, 2009. ?N ?;?. t$ry Public !` u = $78 ' RALLNIAM N 0 P 8 L I C STATc Co rr,rr,. (,kPires '. lr? .tune 18, 2012 i;?/?1C10 1F n n ltltllAA?` 0 FlI.ED-tai-;-IU,E OF THc T'ARY 2009 OCT -5 PM 12: 38 CUMBE-;:-*Ay.Ib Ccuw PENNXVAN A $T9.50 PA ATK 84391 023 qag Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED-11 r;u" OF THE is 7" , ?. 20030 vi 14 Pit 3:08 Unifund Corporation vs. Scarlet E. Railing Case Number 2009-6612 SHERIFF'S RETURN OF SERVICE 10/07/2009 07:17 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2009 at 1917 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scarlet E. Railing, by making known unto herself personally, at 1874 George Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 SO ANSWE S, October 08, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff UNIFUND CORPORATION, Plaintiff V. SCARLET E. RAILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2009 - 6612 CIVIL TERM NOTICE TO PLEAD TO: UNIFUND CORPORATION, and its attorney, Frederick I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 East Hector Street, Ste. 220 Conshohocken, PA 19428 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. IRWIN & McKNIGHT, P.C. By: 60 A. McWght, III, Esquire is 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendant Scarlet Railing Date: October 29, 2009 UNIFUND CORPORATION, Plaintiff V. SCARLET E. RAILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2009 - 6612 CIVIL TERM DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 29 h day of October 2009, comes the Defendant, SCARLET RAILING, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer With New Matter and Counterclaim against the Plaintiff, UNIFUND CORPORATION, as follows: 1. The averments of fact contained in Paragraph One (1) of the Complaint are specifically denied. On the contrary, the Defendant has had no business dealings with the Defendant, Unifund Corporation. The Plaintiff has offered to proof of any assignment from Citibank South Dakota NA. The averments are therefore denied and proof thereof is demanded. 2. The averments of fact contained in Paragraph Two (2) of the Complaint are specifically denied. On the contrary, the Defendant does not have the original terms of the agreement and believes that the amount sought by the Plaintiff is far in excess of any agreement between the Defendant consumer and Citibank South Dakota NA. 3. The averments of fact contained in Paragraph Three (3) of the Complaint are specifically denied. On the contrary, the Defendant does not have the original agreement and believes that the amount sought by the Plaintiff far exceeds any amount permitted to be collected under the original agreement with Citibank South Dakota NA or by State and Federal law. 2 4. The averments of fact contained in Paragraph Four (4) of the Complaint are within the sole control of the Plaintiff or its successors or assigns. They are therefore denied and proof thereof is demanded. 5. The averments of fact contained in Paragraph Five (5) of the Complaint are specifically denied. On the contrary, the Defendant has added interest and late fees in excess of any provisions permitted by State and Federal law. They are therefore denied and proof thereof is demanded. 6. The averments of fact contained in Paragraph Six (6) of the Complaint are specifically denied. On the contrary, no one has contacted the Plaintiff after mid 2006. WHEREFORE, Defendant, Scarlet Railing, requests that this Honorable Court dismiss the Complaint of the Plaintiff with court costs and reasonable legal fees paid to the Defendant. NEW MATTER WITH COUNTERCLAIM AND NOW, comes the Defendant, SCARLET RAILING, by and through her attorneys, Irwin & McKnight, P.C., and makes the following New Matter with Counterclaim against the Plaintiff, UNIFUND CORPORATION. 7. The averments of fact contained in the Answers to the Complaint paragraphs One (1) through six (6) are incorporated by reference and are made a part of this New Matter. 8. The Plaintiff has added interest and penalty charges to the original creditor, Citibank South Dakota NA, which violates the laws of the United States as well as the Commonwealth of Pennsylvania. The Defendant is entitled to damages and her reasonable attorney fees. 3 9. The Defendant, Scarlet Railing, seeks damages against the Plaintiff for the harassment they have used to collect on its charge account as an offset to the amount sought by the Plaintiff. 10. The Plaintiff has failed to offer proof of the assignment of the account to it. WHEREFORE, Defendant, Scarlet Railing, requests that this Honorable Court dismiss the Complaint of the Plaintiff and assess damages against the Plaintiff in the amount less than Fifty Thousand and no/100 ($50,000.00) Dollars with costs and reasonable legal fees. Respectfully submitted, IRWIN & McVAGHT, P.C. By: Marcus A. VcKnigtX'1II, Esquire Supreme Court I.D. #25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendant Date: October 29, 2009 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. 1 ARLET RAILING Date: / qc?qlo 2 UNIFUND CORPORATION, Plaintiff V. , SCARLET E. RAILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2009 - 6612 CIVIL TERM CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Frederick I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 East Hector Street, Ste. 220 Conshohocken, PA 19428 IRWIN & McKNIGHT, P.C. By: Marcus . McKn' , Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 29, 2009 5 FILED-C}t FCEI: OF THE PROTHONOTARY 2009OCT 29 PM 3: 28 VFY E-i--'iL_!„,1,,,' PENNSYLV iF+ Our File No.: 224298 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CACH, LLC Plaintiff, vs. JEFFREY FORSYTHE Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-6628 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for "a tiff A Law Firm Engage n Ekbbt Collection By: David J. ApothWer, Esquire Dated: October 15, 2009 FILED-OF ICI OF THE PROTWINOTARY 2009 OCT 29 PM 3: 21 CUM .r _. ;°s ?;WNTY PFNNSYLVANtA JS_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. lD 2' C i ?i 2 ?? CO ?r xC N C.o RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the W Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joe I l' t rl counsel for the laintif efendant 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 $ ` -1 t)S2 The counterclaim of the defendant in the action is U nk,?./ r The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: 1? wzens ?. .L WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp tfully su nutted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. Cf -n rn r- -am _-1 CD _TZ o? alvt sxy00 ?d of 9-#a 1 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r N 2- G ?? I 2 NO '4 . ? co - m 7 U 4 c') " _' Ga io 'V O."rt ors _.,C tV --ate' me-G RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the W Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JJP I f?\ , 1''t nk , counsel for the laintif efendant 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 $ 4-1 VS2 ' The counterclaim of the defendant in the action is lJ?Ak'n_ '? rN The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to s?y? `?d O{ whom the case shall be submitted. aeik 141?70 Resp tfully su miffed, Q*'P'Sj Wk ORDER OF COURT AND N ,9W, aV , 200Q , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in t9 =;:Q ? ?M captioned action (or actions) as prayed for. Ln r- i ?:u C-; By the ------------- J' V/ M t' 3- i?. A INLACn?? Cop; e-s ma. (mod 311111 er-v icy O'2 aintiff Defen t We do olemnly swear (or States nd the Constitutio with i elit . gn ure /am-e?(Chair&an) In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 1 Civil Action - Law. Oath iffirm) that we will support, obey and defend the Constitution of the United aUiis Commonwealth and that we will discharge the duties of our office Signature Signature S -,JVe 4AJ Name Name Law Firm /i / s .,- Address City, Zip Law Firm Address L-r,? ?2r 12?4 City, Zip Law Firm ao0 r T : o ode,... Address )'70/3 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, thev shall be separately stated.) Now, the Hik day of , 20-11 at the above award was entered upon the docket and notic4theof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $?-?? on By: Deputy Notice of Entry of Award FILED-Ul. Fl("E THE PROTHONOTi"?R'_ 2011 APP 14 AM 9: 56 CUMBERLAND COUNT PENNSYLVANIA ?.O lim .r1St lts? I•ffLED-OF IGE 2065349 OF THE P"THONOTARY GORDON & WEINBERG, P. C. 2013 MAY 10 PM [: 21 BY: FREDERIC I . WEINBERG, ESQUIRE CUMBERLAND COUNTY Identification No. : 41360 PENNSYLVA141A JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Unifund Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. 09-6612 SCARLET E RAILING °— ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered May 23, 2011 in the above- - captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I . WE ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P005 { � �b0a i) l L a g D(fay