Loading...
HomeMy WebLinkAbout05-67412022099 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 PROVIDIAN 10625 Techwoods Circle Cincinnati, OH 45242 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO TERESA KRAFT 235 SUSQUEHANNA AVE ENOLA PA 17025 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 $6,900.91. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $6,900.91 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 $6,900.91 at the rate of 6% from the date of June 30, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. CNB G, ESQUIRE PAUL M. SCHOZ; D, JR., ESQUIRE Attorney for P.Laintiff POlh VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (a) 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. ?L FREDERIC I. WE RG, ESQUIRE EXHIBIT "A" 2 C> 2 22Ggq AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton ) ss. Kim Kenney 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 Teresa Kraft, Account Number 4465610500615840, the amount of $7950.48 (principal balance in the amount of $6900.91 plus interest up through 09/02/2005 in the amount of $1049.57). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 6.00 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Palisades's account was issued under the name of Providian. Unifund CCR Partners purchased this account from Palisades. 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. DATED this September 2, 2005 KYr 1 UNIFUID CCR PARTNERS By: Kim Kenney Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 2 day of September, 20Q5 ? 1 ,' d I I ftNV?ar • Vv W? Notary Public My commission Expires Client # 829 \?uun i nuni? ?PRI? t? ie O STATE; ?F KAREN WILLIAMS NOTARY PUBLIC STATE OF OH10 Comm. Expires July 19, 2010 829 2G 2 2GgG Balance as of: Payment Due Minimum Payment Account Number 09/02/2005 Date Payment Enclosed 446561 15840 7950.8 Past Due 7950.48 Make checks payable to: Unifund UNIFUND STATEME14T Teresa Kraft 235 Susquehanna Ave Enola PA 17025-2425 MESSAGE FROM UNIFUNID Your account is past due $7950.48. 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: ate Transaction glance I -?1Payments Balance 09/0212005 Palisades's account was issuec$7950.48 $7950.48 $0 $7950.48 under the name of Providian. Unifund CCR Partners purchased this account from Palisades. 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. r C7 C? :Jtri a _ r On SHERIFF'S RETURN - REGULAR CASE NO: 2005-06741 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS KRAFT TERESA RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NO KRAFT DEFENDANT the at 2041:00 HOURS, on the 5th day of January , 2006 at 235 SUSQUEHANNA AVENUE PA 17025 TERESA was served upon by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this 11 u day of So Answers 1 R. Thomas Kline 01/06/2006 GORDON & WEINBERG 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 PROVIDIAN COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TERESA KRAFT DOCKET NO PRAECIPE FOR JUDGMENT 05-6741CIVIL The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, TERESA KRAFT, and assesses the damages as per statement below. FREDERIC I. W B RG, ESQUIRE PAUL M. SCHO , JR., ESQUIRE Attorney for Plaintiff Principal $6,900.91 Interest from June 30, 2002 @6% $1,512.15 Total: $8,413.06 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. FREDERIC I. W ERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this " day of _, 20Q6 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of $8,413.06 as per the above certification. Prothono ary 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 PROVIDIAN Vs. TERESA KRAFT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO 05-6741CIVIL CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF PROVIDIAN and that the last known address of defendant, TERESA KRAFT, 235 SUSQUEHANNA AVE, ENOLA PA 17025. GORDON & WEINBERG, P.C. BY: FREDERIC T. WEIWSERG, ESQUIRE PAUL M. S ELD, 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 PROVIDIAN COURT OF COMMON: PLEAS CUMBERLAND COUNTY VS. TERESA KRAFT DOCKET NO. : 05-6741CIVIL 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, 235 SUSQUEHANNA AVE, ENOLA PA 17025; 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 Day o Jv 2006. 206.Notary Public +:UM MSiNYV5&I "CFPENNSYLVANIA - NOTARIAL SEAL CHRISTINE M. COLON, Notary Public City of Philadelphia, Phila. County ^mmiss n E pins November 18, 2009 FREDERIC I. WE -,, ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff 2022099 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 TERESA KRAFT UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN TO/PARA VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-6741CIVIL NOTICE OF INTENTION TO TAKE DEFAULT TERESA KRAFT 235 SUSQUEHANNA AVE ENOLA PA 17025 DATE OF NOTICE/FECHA DEL AVISO: February 7, 2006 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) 249-3166 GORDON & WEINBERG, P.C. BY: FRE DERI I. WE ERG, ESQUIRE PAUL M.F ELD, JR., ESQUIRE P10D-2 2022099 ? 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 PROVIDIAN VS. TERESA KRAFT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-6741CIVIL 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 $8,413.06. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBE G, ESQUIRE PAUL M. SCHOF EL JR.,ESQUIRE Attorney for Plaintiff Dated: February 22, 2006 j -O ?Ls h', ti 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 PROVIDIAN VS. TERESA KRAFT 235 SUSQUEHANNA AVE ENOLA PA 17025 and Commerce Bank 742 Wertzville Road Enola, PA 17025 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-6741CIVIL PRRECIPE FOR WRIT OF EIMCUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against TERESA KRAFT defendant(s)and (2) against Commerce Bank garnishee(s) (3) AMOUNT DUE $8,413.06 INTEREST from March 2, 2006 $505.57 COSTS Prothonotary fee $15.00 Sheriff fee $150.00 TOTAL $9,083.63 FREDERIC I. WEINB RG, ESQUIRE PAUL M. SCH IE , JR., ESQUIRE Attorney for Plaintiff +- y j _ lWw n 44A Y ` W G j ? (I t n r X C C ? ?Ch ?r w w 1 v t11r C3 Gf"" v e Sig WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6741 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS ASSIGNEE OF PROVEMAN, Plaintiff (s) From TERESA KRAFT, 235 SUSQUEHANNA AVE., ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 742 WERTZVILLE ROAD, ENOLA, PA 17025 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,413.06 Interest FROM 3/2/06 - $505.57 Atty's Comm % Atty Paid $133.08 Plaintiff Paid Date: JULY 6, 2007 L.L. $.50 Due Prothy $2.00 Other Costs Curti R.' Long, n ry (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 21 SOUTH 21sT STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 SHERIFF'S RETURN - GARNISHEE CASE N0: 2005-06741 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS KRAFT TERESA And now STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:20 Hours, on the 18th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , KRAFT TERESA in the hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to NICOLE CLOUSER (CUSTOMER SERVICE personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . true and made Sheriff's Costs: So a Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .0000 ? 07/18/2007 Sworn and Subscribed to before me this day of By Z-4? Deputy Sheriff A.D 2022099 s 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 PROVIDIAN VS. TERESA KRAFT and Commerce Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 05-6741CIVIL PRAECIPE TO DISSOLVE ATTACHIUW TO THE PROTHONOTARY: Kindly mark the attachment of the defendant's bank account with Commerce Bank, as Garnishee in the above entitled matter satisfied and dissolve the attachment of the defendant's bank account. GORDON & WEINBERG, P.C. BY: FREDERIC I. I ERG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff PO11 N ° T !L Q V L _ l i r J ' r CD t? c S cjl r 7 rn CO C i m "C R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Mileage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 85.99 V Advance Costs: 150.00 Sheriff's Costs 85.99 64.01 Refunded to Atty on 04/02/08 So Answers R. Thomas Kline, Sheriff BY G ?i - G2 G 3$?7 ?. 1o&o.z( a r 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6741 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS ASSIGNEE OF PROVIDIAN, Plaintiff (s) From TERESA KRAFT, 235 SUSQUEHANNA AVE., ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 742 WERTZVILLE ROAD, ENOLA, PA 17025 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,413.06 L.L. $.50 Interest FROM 3/2/06 - $505.57 Atty's Comm % Atty Paid $133.08 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JULY 6, 2007 (Seal) Curtis R. Aong, Protho ,'?47 By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 21 SOUTH 21sT STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 =375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 20�22O99 HA1 UNIFUND CCR PARTNERS ASSIGNEE OF COURT OF COMMON PLEAS PROVIDIAN CUMBERLAND COUNTY vs. TERESA KRAFT DOCKET NO. : 05-6741CIVIL SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this January 5, 2015, it is suggested of record that. Defendant, TERESA KRAFT, filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Code on or about December 31, 2014, in the United States Bankruptcy Court for the MIDDLE District of Pennsylvania, docket number =1405948. Therefore, this matter should be stayed until further notice. The Law Offices of Frederic I. Weinberg & Associates. BY: Frederic I nberg, Esquire Joel M. Flink, Esquire Attorney. for Plaintiff