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HomeMy WebLinkAbout12-21632122768 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. "a BY: FRED:ERIC I. WEINBERG, ESQUIRE 2: ? PJ Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 ' 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 -,- 484/351-0500 rv .?' Unifund Corporation COURT OF COMMON PLEAS-: 10625 Techwoods Circle, CUMBERLAND COUNTY Cincinnati OH 45242 vs. DOCKET NO : 1a - a Ila! Nvir&p SARA THOENY 815 APPLETREE LN MECHANICSBURG PA 17050 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 WTTH 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 S AD A"Y a ?3 q491 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Unifund Corporation is a debt buyer and successor in interest to PINNACLE CREDIT SERVICES, 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/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 March 7, 2012 in the amount of $985.98. 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 11/11/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $985.98 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. ESQUIRE JOEL M. FLI ?EIN?ERG, , SQUIRE Attorney for Plaintiff P01P3.DB SARA THOENY 4185862681359040 2122768 U3980316 Unifund Corporation 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. QLa?? - NAME: EXHIBIT "A" 2122768 Unifund Corporation SARA THOENY 4185862681359040 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 PINNACLE CREDIT SERVICES, 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 $836.38 plus interest of $146.02 at the rate of 60 less credits in the amount of $.00 totaling $982.40 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 J'?S day of 2012 Not Public L r ,s€ BALLMAN z NOTARY PUBLIC ?ATE OF OHIC comm. Expires u*?e 18 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff u G 0''t= THE P f?Tl GN"oTAF,y Jody S Smith Chief Deputy Richard W Stewart Solicitor 1012 APP 17 AM 9= 26 CU ERLANU COUNTY PENNSYLVANIA Unifund Corporation Case Number vs. Sara G. Thoeny 2012-2163 SHERIFF'S RETURN OF SERVICE 04/16/2012 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: Sara G. Thoeny, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Sara G. Thoeny. Request for service at 815 Appletree Lane, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Sara G. Thoeny is thought to be residing in Louisiana. SHERIFF COST: $43.00 SO ANSWERS, April 16, 2012 RON R ANDERSON, SHERIFF i"i Cou !5J t- Sh(