The URL can be used to link to this page

Home My WebLink About11-84932117302 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. C7 C) BY: FREDERIC I. WEINBERG, ESQUIRE 3 -- --? Identification No.: 41360 rn m m JOEL M. FLINK, ESQUIRE S -e- "urn Identification No.: 41200 off' 1001 E. Hector Street, Ste 220 - ° Conshohocken, PA 19428 Vic-, v :x 484/351-0500 NO rn p Unifund Corporation 10625 Techwoods Circle, Cincinnati OH 45242 Vs. ROSALIND G GRAEFF 1770 PEYTON RANDOLPH CT NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. NOTICE /j-?N93 C;.t TM 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 05 r? 1-1/s?1106 ??671L?q COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Unifund Corporation , is a debt buyer and 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 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 or Affidavit 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 October 12, 2011 in the amount of $5,238.91. 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 3/4/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,238.91 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC ICNNKI EI BERG, ESQUIRE JOEL M. FL ESQUIRE Attorney f Plaintiff P01P.DB • 2117302 U3857167 Unifund Corporation ROSALIND G GRAEFF 5466536061064670 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. s-'- - NAM : Q , ` 2117302 Unifund Corporation ROSALIND G GRAEFF 5466536061064670 AFFIDAVIT I,being duly served sworn according to law, depose and say that: 1. I am an affiant for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I am familiar with the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff Unifund Corporation upon the purchase of debtor's account from CITIBANK SOUTH DAKOTA NA assignee of CITIBANK USA NA. 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 $3,139.46 plus interest of $2,063.34 at the rate of 29.99% less credits in the amount of $.00 totaling $5,202.80 as of September 28, 2011. 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. AFFIANT NAME: Sworn to and Subscribed SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??,?k?til}, cf 41itnGer?tj?4 1, . F1!WFJ-0F`rIG ('F THEE F 0,TNGH'9T=''1- ; . "I', E DEC 16 AM ID: C9 40 CUMBERLAND COUN' l_`„s PENNSYL?IANIA Unifund Corporation vs. Rosalind G. Graeff SHERIFF'S RETURN OF SERVICE Case Number 2011-8493 12/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Rosalind G. Graeff, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Rosalind G. Graeff. Request for service at 1770 Peyton Randolph Court, New Cumberland, Pennsylvania 17070 the Defendant was not found. Deputies were advised by a neighbor, Rosalind G. Graeff is undergoing a major medical transplant and does not know her current whereabouts. SHERIFF COST: $67.00 SO ANSWERS, r'zZ ? ?? 1? December 14, 2011 RON R ANDERSON, SHERIFF (qt GourtySuit? 5nerift. Telaoso?t. Inr.. 2117302 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 %f I PP Unifund Corporation vs. ROSALIND G GRAEFF 1770 PEYTON RANDOLPH CT NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8493 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I W INBERG, ESQUIRE JOEL M. F V ESQUIRE Attorney f Plaintiff(s) Ue? a ? 13 [1.-? Sed a /'I k- S 7911 e* a -?L/ L// SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot~,tiv of tainber too OFFICE r '-E $?ERIFF F!LEO-OFFi'%'j u THE RROTHONOTAIR" Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 MAY 22 AM 9: 09 CUMBfiRLpND COUNTY PEflMSYLVANIA Unifund Corporation Case Number VS. Rosalind G. Graeff 2011-8493 SHERIFF'S RETURN OF SERVICE 05/11/2012 06:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2012 at 1823 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: J. Rosalind G. Graeff, by making known unto herself personally, at 1770 Peyton Randolph Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. Mnr, RYAN BURG DE i SHERIFF COST: $45.00 May 17, 2012 SO ANSWERS, RON R AN RSIOR, SHERIFF (c) CountySuite Sheriff, Telemft, Inc. 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 _ ? °2117302 ?I;7TF3QE''0TA rr I? 'U" 2 l P 2: 10 ERLA14D C 0 U N 6 `. ENNSYLVANIA Unifund Corporation VS. ROSALIND G GRAEFF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8493 CIVIL TERM PRAECIPE FOR ENTRY OF JVDGNMNT FOR WANT OF AN ANSNER, ASSZSSMBNT 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 $5,238.91 Less: Payments on Account ( $.00) Total: $5,238.91 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 and that the last known address of defendant, ROSALIND G GRAEFF, 1770 PEYTON RANDOLPH CT, NEW CUMBERLAND PA 17070. ten days prior to the date of filing of this praecipe. -.r4 6014 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 "O-"? ; 17 cl Y 3,: oul 91-709S ?h( e 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 day of ?Url? 2012 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer an dama s a ed at t sum of , $5,238.90 as per the above certif'` do s Protho t ? GORDON & WEI BERG, P BY: FREDERIC . WEIN RG, ESQUIRE JOEL M. LINK, SQUIRE Attorney Plaintiff 2117302 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 VS. ROSALIND G GRAEFF 1770 PEYTON RANDOLPH CT NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8493 CIVIL TERM 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 $5,238.91 Money Judgment $ f? 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. INK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 0. 1) - FWMAV ?+'? PROTHONOTARY ¦ i 2117302 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 ROSALIND G GRAEFF TO/PARA VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8493 CIVIL TERM NOTIC8 OF MMICR TO TWO DEFAULT ROSALIND G GRAEFF 1770 PEYTON RANDOLP14 CT NEW CUMBERLAND PA 17070 DATE OF NOTICE/FECHA DEL AVISO: June 1, 2012 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. BY: FREDERIC I. I ERG, ESQUIRE JOEL M. F ESQUIRE P10D-2 +r i 2117302 0 '_ GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE ° Identification No. : 41360 JOEL M. FLINK, ESQUIRE .Z rte'" N ' Identification No. . 81894 �� 1001 E. Hector Street, Ste 220 v Conshohocken, PA 19428 y* ._. 484/351-0500 —= Unifund Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 11-8493 CIVIL TERM ROSALIND G GRAEFF SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this lOSepl3, it 'is suggested of record that Defendant, ROSALIND G GRAEFF, filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Code on or about September 3, 2013, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 1304532 . Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDER C I WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff