HomeMy WebLinkAbout12-74582156794
THIS IS AN ARBITRATION MATTER.
ASSESSMENT OF DAMAGES HEARING REQUIRED.
CORDON & WEINBERG, P.C. ~ --s
BY: FREDERIC I. WEINBERG, ESQUIRE t~ ~--.,.
Identification No.: 41360 n ~
JOEL M. FLINK, ESQUIRE N ~
p
Identification No.: 41200 t
-*-~
'
1001 E. Hector Street, Ste 220 ~ =
Conshohocken, PA 19428
~~
484/351-0500 ~` N
,,,~
-t u~ --t:
UNIFUND CCR, LLC
10625 Techwoods Circle,
Cincinnati OH 45242
vs.
DOUGLAS ROSS
510 LAMP POST LN
CAMP HILL PA 17011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET N0.
NOTICE
I~-~y5~ ~vi~
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
s
~ (p3.7sPa a~j
CI~~
~~a~~ ~ 80
COMPLAINT IN CIVIL-ACTION
1. Plaintiff, UNIFUND CCR, LLC is a debt buyer and
successor in interest to the original creditor, CITIBANK, 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
24, 2012 in the amount of $20,690.98.
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
10/13/2009.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$20,690.98 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I.~EINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
POIP.DB
2156794
U4119296
UNIFUND CCR, LLC
DOIIGLAS ROSS
5424180463356425
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.
u ~L~-F--
EXHIBIT "A"
2156794
UNIFUND CCR, LLC
DOIIGLAS ROSS
5424180463356425
AFFIDAVIT
I, Chris Blanton, being duly served sworn according to law, depose and
say that:
1. I am an affiant for the Plaintiff herein and I have access to the
files relating to this account;
2. I have access to Plaintiff's records in connection with this case
and base this affidavit on Plaintiff's records, as well as the account
information provided to Plaintiff UNIFUND CCR, LLC upon the purchase of
debtor's account, which was issued by CITIBANK, 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 $11,777.49 plus interest of $8,497.39 at the rate of 29.99% less credits
in the amount of $.00 totaling $20,274.88 as of September 11, 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 thi s ~2 day
of September, 20
\~\\\\U Illlilf//////
\\~~~ DEAR IA! SF~i~~/i
Kota Public -~~\ ~ ~=~ %_
Y ~\~'~/ „JESSICA L. BERGHOLZ
~- - `_ NOTARY PUBLIC
- - STATE OF OHIO
y`° Comm. Expires
.,~,"=~a~' ~:~` February 05, 201 7
~~''%lqr~~ o F ~o~"~`:
s ,
r+
215679 `OFF
4
GORDON & WEINBERG, P.C. �, SEP -3 p1l 1.
BY: FREDERIC I . WEINBERG, ESQUIRE N8�8t 7
JOELtMf
Identification
ESQUIRE p�P�j��Yt Atjl 1N y
= A
Identification No. : 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0.500
UNIFUND CCR, LLC COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS. DOCKET NO. 12-7458 CIVIL
DOUGLAS ROSS
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Kindly withdraw the above-captioned action, without
prejudice.
GORDON & WEINBERG, P.C.
BY:
FREDERIC INBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P006
CERTIFICATION OF SERVICE
I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of the Praecipe to Withdraw
Complaint to Pa.R.C. P. 1028 (c) (1) , via First Class Mail, postage
pre-paid, to all other parties or their counsel of record.
FREDERIC INBERG, ESQUIRE
Dated-
i