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HomeMy WebLinkAbout05-44662020151 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 CITI PLATINUM SELECT 10625 Techwoods Circle Cincinnati, OH 45242 vs. PHILIP V HOFFMAN 72 LADNOR LN CARLISLE PA 17013 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 $13,239.33. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $13,239.33 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 $13,239.33 at the rate of 5% from the date of August 30, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. PAUL M. SCH Attorney fo NBZRG, ESQUIRE JR., ESQUIRE aintiff 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. IN RG, ESQUIRE EXHIBIT "A" Za Zo ?S I AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton ) ss. Bharati Lengade 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 Philip V Hoffman, Account Number 4059052011440917, the amount of $14680.95 (principal balance in the amount of $13239.33 plus interest up through 06/27/2005 in the amount of $1441.62). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 5.00 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Citibank (South Dakota) National Association's account was issued under the name of CITI PLATINUM SELECT. Unifund CCR Partners purchased this account from Citibank (South Dakota) National Association. Said account has been referred to 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. D s 7 ne 27, 2005 CCR PARTNERS By: Bharati Lenizade Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 27 day of June, 2005 Year Notary Public My commission Expires Client # 829 ??????111J?y9? :A NGELA L. FRECKMAN NOTARY PUBLIC STATE OF OHIO Comm. Expires MARCH 05, 2007 829 Balance as of: Payment Due Minimum Payment Account Number 06/27/2005 Date Payment Enclosed 4059052011440917 $14680.95 Past Due $14680.95 1$ VaW checks payable to: Unifmd UNIFUND STATEMENT Philip V Hoffman 72 Ladnor Ln Carlisle PA 17013-9215 MESSAGE FROM UNIFUND Your account is past due $14680,95, 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: Date Transaction aance ue ayments Balance 06/27/2005 Citibank (South Dakota) Nationlid4680.95 $14680.95 $0 $14680.95 Association's account was issued under the name of CITI PLATINUM SELECT. Unifund CCR Partners purchased this account from Citibank (South Dakota) National Association. 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. 7J- V r? t* (R to cjlz SHERIFF'S RETURN - REGULAR CASE NO: 2005-04466 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS HOFFMAN PHILIP V 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 HOFFMAN PHILLIP V the DEFENDANT at 72 LADNOR LN , at 1421:00 HOURS, on the 7th day of September, 2005 CARLISLE, PA 17013 PHILIP HOFFMAN 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 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before me this day of V Pr o ar So Answers: R. Thomas Kline 09/09/2005 GORDON & WEINBE G By: Deputy Sheriff 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 CITI PLATINUM SELECT COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. PHILIP V HOFFMAN DOCKET NO. : 05-4466 CIVIL PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, PHILIP V HOFFMAN, and assesses the damages as per statement below. FREDERIC I. IN RG, ESQUIRE PAUL M. SCH F D, JR., ESQUIRE Attorney for Plaintiff Principal $13,239.33 Interest from August 30, 2002 Q5% $2,076.58 Total: $15,315.91 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. ??2 FREDERIC I. ERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: /?\ r AND NOW, this ?2C- day of /(?/1r)PrvihFO 2005 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the s m of , $15,315.91 as per the above certification. Prothon tary 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 CITI PLATINUM SELECT COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. PHILIP V HOFFMAN DOCKET NO. : 05-4466 CIVIL CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF CITI PLATINUM SELECT and that the last known address of defendant, PHILIP V HOFFMAN, 72 LADNOR LN, CARLISLE PA 17013. GORDON & WEINBERG, P.C. BY: FREDERI I. INBERG, ESQUIRE PAUL M. SCHOFIELD, JR.,ESQUIRE Attorney for Plaintiff 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 CITI PLATINUM SELECT COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. PHILIP V HOFFMAN DOCKET NO. : 05-4466 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 72 LADNOR LN, CARLISLE PA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers, and Sailors, Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this 2?- Day of OttU<-- 2005. h AA ,Ib 1M P Notary Public NOTAPoAL SEAL CHRISTINE MARSHALL, Notary Public ' Wayne, che" County Canth" Ex M 0** 24, 2005 FREDERIC I.(_W-Fai ERG, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff 2020151 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 91360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81899 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF CITI PLATINUM SELECT VS. PHILIP V HOFFMAN TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-9966 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT PHILIP V HOFFMAN 72 LADNOR LN CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: October 6, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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) 299-3166 GORDON & WEINBERG, P.C. BY: FREDERIC NBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE PLOD-2 G (? 91, VA 7 d 2020151 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 CITI PLATINUM SELECT vs. PHILIP V HOFFMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-4466 CIVIL NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $15,315.91. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERI I. WE BERG, ESQUIRE PAUL M. ?UGFi IELD, JR., ESQUIRE Attorney for Plaintiff Dated: October 18, 2005 2020151 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 UNIFUND CCR PARTNERS ASSIGNEE OF CITI PLATINUM SELECT VS. PHILIP V HOFFMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-4466 CIVIL ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the judgment entered November 3, 2005 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, ESQUIRE JOEL M. FLINI, ESQUIRE Attorney for Plaintiff P005 r?.a ?Rn{?; ? n°?: ?-?- ?; r n? ?? x _ rti,a :? ' ^•9w. k ??1 +. ?_ ??. a •?-