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HomeMy WebLinkAbout12-08192122069 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. , GORDON & WEINBERG, P.C. -n ^`4 BY : FREDERIC I. WEINBERG, ESQUIRE r--? Identification No.. 41360 ;, JOEL M. FLINK, ESQUIRE Identification No.. 41200 < 1001 E. Hector Street, Ste 220 ra !'`= Conshohocken, PA 19428 ?'- 484/351-0500 Unifund Corporation 10625 Techwoods Circle, Cincinnati OH 45242 vs. MICHAEL L FAILOR 967 W OLD YORK RD APT B CARLISLE PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : X01- 0 &' 1-1 le'01 COMPLAINT IN ASSUMPSIT 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION O-S 32 S. BEDFORD STREET lo3- 95 PD ATrV CARLISLE, PA 17013 C' l(o5D5$ (717) 249-3166 a70 830 1. Plaintiff, Unifund Corporation a debt buyer and successor in interest to the original creditor, CITIFINANCIAL SERVICES, INC.. 2. The defendant, for valuable consideration received, executed and delivered to the original creditor a promissory note under the terms of which the defendant promised to pay to the original creditor consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the aforesaid promissory note or Affidavit of Account, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 3. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $11,884.26 became due and payable. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of January 27, 2012 in the amount of $11,884.26. 5. 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. 6. Defendant's last payment on account was made on 2/19/2010. WHEREFORE, plaintiff claims of the defendant(s) the sum of $11,884.26 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC EINBERGI ESQUIRE JOEL M. F K, ESQUIRE Attorney for Plaintiff P01C.DB 2122069 U4017302 Unifund Corporation MICHAEL L FAILOR 2009170311375 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 -s 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. NAME: EXHIBIT "A" 2122069 Unifund Corporation MICHAEL L FAILOR 2009170311375 AFFIDAVIT I? 0 Y?&Alun 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. 1 have personal knowledge of 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, which was issued by CITIFINANCIAL SERVICES, INC.. 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 $11,208.09 plus interest of $663.89 at the rate of 50 less credits in the amount of $.00 totaling $11,871.98 as of January 19, 2012. 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 before me this Z.O day of wv4 2012 - z ? ---------- Notary Public SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c l' Sheriff Jody S Smith ? ?t 4 l Chief Deputy Richard W Stewart Ad ?? { YI-VA,!1 F' Solicitor ' Unifund Corporation Case Number vs. Michael L Failor, Jr 2012-819 SHERIFF'S RETURN OF SERVICE 02/09/2012 01:00 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 9, 2012 at 1300 hours, he served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Michael L. Failor, Jr., by making known unto himself personally, at 967B West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to hin personally the said true and correct copy of the same. ?. WILLIAM CLINE, DEPUTY SHERIFF COST: $34.00 February 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ':!j L.ED-tl F"CE GORDON & WEINBERG, P.C. 6F ihE i ROTHONOTAIR BY: FREDERIC I. WEINBERG, ESQUIRE 4 5 Identification No.: 41360 JOEL M. FLINK, ESQUIRE ,;? 1111 A" COUNTY Identification No.: 41 ENN$YLVANIA 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2122069 Unifund Corporation VS. MICHAEL L FAILOR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-819 PRAECIPE FOR ENTRY OF JUDGM 4T FOR IIANT OF AN ANSWZR, ASSESSbaNT 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) MICHAEL L FAILOR above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Interest from 10/29/2010 @5% Costs (Complaint & Service) Less: Payment on Account Total: $12,092.65 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, MICHAEL L FAILOR, 967 W OLD YORK RD APT B, CARLISLE PA 17015. 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. 267 1 $11,208.09 $746.81 $137.75 ( $.00) AND NOW, this day of Wycy\ , 2012 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and da es ses at the s Pof $12,092.65 as per the above certifica n. Prothonota GORDON & WEINBE , P.C. BY: FREDERI U. WEINBERG, ESQUIRE JOEL M. INK, ESQUIRE Attorney for Plaintiff 2122069 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. MICHAEL L FAILOR 967 W OLD YORK RD APT B CARLISLE PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-819 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 $12,092.65 L_L Money Judgment $ L_L Judgment on Award of Arbitrators$ L_L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CAL ATTORNEYS: FREDERIC I. WEINBERG OR JO M. 7K,-E, UIRES A HIS TELEPHONE NUMBER: 484/351-0500 I PROTHONOTARY 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 2122069 Unifund Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 12-819 MICHAEL L FAILOR TO/PARA NOTICE OF INTENTION TO TAKE DEFAULT MICHAEL L FAILOR 967 W OLD YORK RD APT B CARLISLE PA 17015 DATE OF NOTICE/FECHA DEL AVISO: March 1, 2012 I1-IPORTANT 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. BY: FREDERIC EINBERG, ESQUIRE JOEL M. IK, ESQUIRE P10D-2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-819 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CORPORATION Plaintiff (s) From MICHAEL L. FAILOR, 967 W. OLD YORK ROAD, APT. B., CARLISLE, PA 17015 (I )You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CORNERSTONE FCU, 5 EASTGATE DRIVE, CARLISLE, PA 17015 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$11,954.90 Interest FROM MARCH 19, 2012 - $200.77 Atty's Comm % Arty Paid $183.25 Plaintiff Paid Date: AUGUST 1, 2012 ,(Seal) L.L. $.50 Due Prothy $2.25 Other Costs 1DW1 - Dav' D. rothon ary By: Deputy REQUESTING PARTY: Name: FREDERIC L WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. PLAINTIFF s 2122069 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 LED-OFFICE ME P Q HONOTAR 2012 AUG - I PM 3: 00 rU PENNS ygi'ITY YL 1A Unifund Corporation 10625 Techwoods Circle Cincinnati OH 45242 VS. MICHAEL L FAILOR 967 W OLD YORK RD APT B CARLISLE PA 17015 and Cornerstone FCU 5 Eastgate Drive Carlisle, PA 17015 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-819 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against MICHAEL L FAILOR (2) against Cornerstone FCU (3) AMOUNT DUE INTEREST from March 19, 2012 COSTS defendant (s) and garnishee(s) $11,954.90 $200.77 Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL auk' BQ l 3 y 00 I c, 7:5 14.So«<, u lei 4??3,dtS a? ( $.00) FREDERIC I. EIN RG, ESQUIRE D,.,t JOEL M. FLIN SQUIRE .Vp,pS Co.Attorney for Plaintiff o6. So LL. ct_ik 1,233(p& ' 4 ? 094 P197 y2 W r a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , ~; ~ s: ~ ~ _ : . Sheriff : ~ _ ~J €i E r ~ _. _> ~ Jody S Smith ~ ~~ Chief Deputy ~.,. -~ ~~ A~~ ~ ~ ~~ ~I; ..,~. Richard w stewart - . ~~~~~~~~~~ ~~~~.}~.1, Solicitor c~~F,~s ~.,,r~~~~,~~ ~~~~>SY~VA~€1~ Unifund Corporation vs. Case Number Michael L Failor, Jr 2012-819 SHERIFF'S RETURN OF SERVICE 08/08/2012 10:28 AM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 8, 2012 at 1028 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and mo ies of the within named defendant, to wit: Michael L. Failor, in the hands, possession, or control of the with n named garnishee, ComerStone Federal Credit Union, 5 Eastgate Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Lindsey Gayman, Financial Service Representative, personally thr e copies of interrogatories together with three true and attested copies of the writ of execution and made he contents there of known to her. The writ of execution and notice to defendant was mailed on 08-13-12 to Michael L. Failor at 967 W York Road, Apt. B, Carlisle, PA 17015. SO ANSWERS, August 13, 2012 ~°Q¢--_ R ANDERSON, SHERIFF / - ohn Hanner, Deputy O ~ourtySuite Sheriff, 't~I~;CSOIt. IRC. 2122069 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1.001 E. Hector Street, Ste 220 Conshohocken, PA 19428 4:84/351-0500 Unifund Corporation VS. MICHAEL L FAILOR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-819 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: -< W ' z -.7K .a -7. L..3 AND NOW, this 22Jan13, it is suggested of record that Defendant, MICHAEL L FAILOR, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about January 18, 2013, in :he United States Bankruptcy Court for the Middle District of Pennsylvania, docket number. 1300270. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C.. BY: FREDERIC WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff CAP THE PaOTHONOTA P� b Jody S Smith MAR 15 AM 9. 54 Chief Deputy ` �A Richard W Stewart ` ''" CUB' f�I AMD COUNTY OfFiCE OF THE SHERIFF Solicitor P � �S YLYA N I A !I Unifund Corporation Case Number vs. Michael L Failor, Jr 2012-819 SHERIFF'S RETURN OF SERVICE 08/08/2012 10:28 AM-John Hanner, Deputy Sheriff,who being duly sworn according to law, states that on August 8, 2012 at 1028 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Michael L. Failor, in the hands, possession, or control of the within named garnishee, Cornerstone Federal Credit Union, 5 Eastgate Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Lindsey Gayman, Finand4i Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on 08-13-12 to&-chael L. Failor at 967 W Old York Road,Apt. B, Carlisle, PA 17015. 03/14/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.40 SO ANSWERS, i 1 March 14, 2013 R-ONW R ANDERSON, SHERIFF Cj i i c)CcuntySuite Sheriff,Teleosoft inc.