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HomeMy WebLinkAbout05-12782012484 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF GE VISA CLASSIC-CONVERSION 10625 Techwoods Circle Cincinnati, OH 45242 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO ROBERT HORST JR 843 KIEHL DRIVE LEMOYNE PA 17043 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. 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 plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. 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 plaintiff for the use of said credit card. 3. 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 Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A" 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $989.98. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $989.98 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant (s) the sum of $989.98 at the rate of 24.99% from the date of January 8, 2003, together with costs and attorney fees. GORDON & WEINBERG, P.C. t BY: FREDERIC I. W BERG, ESQUIRE PAUL M. SCH ILLD, JR., ESQUIRE Attorney f -Plaintiff P01h VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. W NBERG, ESQUIRE EXHIBIT "A" AFFIDAVIT OF INDEBTEDNESS State of Ohio) County of Hamilton) ss. C? Jessica Bergholz being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is authorized to make the statements and representations herein. The defendant is not in any branch of the military. There is due and payable from Robert Horst Jr, Account Number 4366120007976885, the amount of $1703.46 (principal balance in the amount of $989.98 plus interest up through 07/27/2004 in the amount of $713.48). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 24.99 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. This account was originated with GE VISA CLASSIC-CONVERSION. Unifund CCR Partners purchased this account from GE VISA CLASSIC-CONVERSION. Said account has been assigned, transferred and set over unto, Gordon & Weinberg P.C. with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim, on behalf ofUnifund CCR Partners. DATED this July 27, 2004 PARTNERS By: Jessica Bergholz Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 27 day of July, 2004 Year Notary Public Client # 829 My commission Expires CHRISTINA NI. ALLEN Notary Politic In Iod liar the State d Ohio illy Commission Expires Feb. 1, 2007 ?? ,?, T to ? j SHERIFF'S CASE NO: 2005-01278 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS HORST ROBERT JR Thomas Kline - NOT FOUND ,Sheriff or Deputy Sheriff, who duly sworn according to law, says, that he made a diligent sea inquiry for the within named DEFENDANT HORST ROBERT JR unable to locate Him in his bailiwick COMPLAINT & NOTICE He therefore returns Ithe NOT FOUND I the within named DEFENDANT , HORST ROBERT JR 843 KIEHL DRIVE PA 17043 GIVEN ADDRESS IS FOR ROBERT HORST SR. HE HAS NO IDEA WHERE HIS SON IS LIVING. ng and was as to Sheriff's Costs: So answers: - :-=' --? Docketing 18 .00 71 -? Service 20. 72 Not Found 5 .00 R. Thomas Kline Surcharge 10. 00 Sheriff of Cumberland County .00 53. 72 GORDON & WEINBERG 04/04/2005 Sworn and subscribed to before me this ?- day of ,ZOO A.D. Prothonotary Curtis R. Long Prothonotary OfftLE of the Vrotbonotarp Cumberzanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ns - 12,-1,Q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6571