HomeMy WebLinkAbout12-21592122759
THIS IS AN ARBITRATION MATTER.
ASSESSMENT OF DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360 c, t-.1
-, 11,
C=
JOEL M. FLINK, ESQUIRE
Identification No.. 41200
1001 E. Hector Street, Ste 220
PA 19428
Conshohocken cn D,
,
484/351-0500
Unifund Corporation COURT OF COMMON PLFPUS?- W _
10625 Techwoods Circle, CUMBERLAND COUNTY cry
Cincinnati OH 45242
vs. DOCKET NO. TRAVIS MCCOLLUM
99 MILLERS GAP RD
ENOLA PA 17025
NOTICE
YOU AVE 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 OS
/OS,-75 PD AT71
?? /7085
?,? a?3 YSd
COMPLAINT IN CIVIL-ACTION
1. Plaintiff, Unifund Corporation is a debt buyer and
successor in interest to EQUABLE ASCENT FINANCIAL, LLC assignee of
Chase Bank 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 merchand-
ise and/cr accepted services or cash advances through the use of
the cred_.t 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 March 6, 2012 in
the amount of $1,162.85.
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
6/24/2009.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,162.85 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. EINB RG, ESQUIRE
JOEL M. FLIN ES UIRE
Attorney for Plaintiff
P01P3.DB
2122759
U3902121
Unifund Corporation
TRAVIS MCCOLLUM
4185860844950739
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.
NAME:
EXHIBIT "A"
2122759
Unifund Corporation
TRAVIS MCCOLLUM
4185860844950739
AVVTnANTT'T
I, ?anct5 ?1 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 EQUABLE ASCENT FINANCIAL, assignee of Chase
Bank 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 $1,050.41 plus interest of $108.84 at the rate of 50 less credits in the
amount of $.00 totaling $1,159.25 as of February 10, 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 _X'-? day
of 2012
Y
No ry Public:
0
Expires
??p; June 1 $, 20? 2
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
lLft:U-0FFIfr-"
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Unifund Corporation
vs.
Travis McCollum
2012 APR 17 AM 9* 2 5
,fRULAND COUNTY
SYLVANIA
Case Number
2012-2159
SHERIFF'S RETURN OF SERVICE
04/09/2012 03:37 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2012
at 1537 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Travis McCollum, by making known unto Terrie McCollum, Mother of Defendant at 99
Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
V
NOAH CLINE, DEPUTY
SHERIFF COST: $43.00
April 12, 2012
SO ANSWERS,
6?,7 `?_--
RON R ANDERSON, SHERIFF