HomeMy WebLinkAbout05-44652020332
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 AMERICAN APPLIANCE
10625 Techwoods Circle
Cincinnati, OH 45242
Vs.
THOMAS E HORNBAKER
60 SHARON RD
ENOLA PA 17025
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO
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
$2,093.16.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,093.16 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
$2,093.16 at the rate of 6% from the date of October 13, 2001,
together with costs and attorney fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I.
PAUL M. SCHO
Attorney for
ERg/,, ESQUIRE
JR., ESQUIRE
ntiff
P01h
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. AE-PfqBERG, ESQUIRE
EXHIBIT "A"
829
Balance as of: Payment Due Minimum Payment
Account Number 07/11/2005 Date Payment Enclosed
0699-070883 $2497.91 1 Past Due .9
Make checks payable to:
Unifund
UNIFUND STATEMENT
Thomas E Hombaker
60 Sharon Rd
Enola PA 17025-1827
MESSAGE FROM UNIFUND
Your account is past due $2497.91, The past due amount is included in the minimum
payment. Please remit immediately. If you have already sent payment for the above
amount, thank you.
TRANSACTIONS:
a e Transaction a ante ue aymen Balance
07/11/2005 Wells Fargo's account was $2497.91 $2497.91 $0 $2497.91
issued under the name of
AMERICAN APPLIANCE.
Unifund CCR Partners purchased
this account from Wells Fargo.
Prompt crediting of payments. To receive credit for payments as of the
date of receipt, we must receive your check or money order at:
Unifund
10625 Techwoods Circle
Cincinnati, OH 45242
Payments received at the above address in the manner specified after that time will be
credited to your account as of our next business day. The crediting to your account of
payments received at any location other than the above address may be delayed
up to 5 days of receipt
This communication is from a debt collector. Federal law requires us to
inform you that this is an attempt to collect a debt and any information
obtained will be used for that purpose.
a_
Z
V
?t
t1" t
vt
d
W
UU)
F? tJ
?Sl
h!
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04465 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
HORNBAKER THOMAS E
RICHARD SMITH
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
THOMAS E
DEFENDANT
the
at 1640:00 HOURS, on the 9th day of September, 2005
at 60 SHARON RD
ENOLA, PA 17025
THOMAS HORNBAKER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.80
Affidavit .00
Surcharge 10.00
.00
40.80
Sworn and Subscribed to before
me this day of
ry L A.D.
Pr of y
So Answers:
-40
R. Thomas Kline
09/12/2005
GORDON & WEINBE
By:
Deputy Sheriff
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cutnberfanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
S - 14 4'LS0 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) 240-6573
2020332
WE
s
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 81894
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
UNIFUND CCR PARTNERS ASSIGNEE
OF AMERICAN APPLIANCE
VS.
THOMAS E HORNBAKER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 05-4465CIVIL
SUGGESTION OF BANKRUPTCY OF DEFENDANT
TO THE PROTHONOTARY:
AND NOW, this March 9, 2009, it is suggested of record that
Defendant, THOMAS E HORNBAKER, filed a petition in bankruptcy
under Chapter 13 of the Bankruptcy Code on or about October 11,
2005, in the United States Bankruptcy Court for the Middle
District of Pennsylvania, docket number bk-07553-MDF. Therefore,
this matter should be stayed until further notice.
GORDON & WEINBERG, P.C.
BY:
FREDERIC WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
C"S
---