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Home My WebLink About06-0380 2023584 THIS IS AN ARBITRATION l1ATTER. 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY UNIFUND CCR PARTNERS ASSIGNEE OF FIRST USA BANK 10625 Techwoods Circle Cincinnati, OH 45242 vs. DOCKET NO. : 01.. - 3P(j Clu:l~"1 ANN M BATES 332 RIDGE HILL RD CARLISLE PA 17013 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 $3,805.85. 5. Plaintiff has made demand upon the defendant(s) for payment of the balance due of $3,805.85 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 $3,805.85 at the rate of 14.99% from the date of February 28, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: ~~ FREDERIC I. W~'RG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plain~iff POlh 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. ~-;/ C) FREDERIC I. WEINBERG, ESQUIRE EXHIBIT "Au 829 20Z-:358L\ Balance as of: Payment Due Minimum Payment Account Number 11/07/2005 Date Payment Enclosed I 5407301016312951 1 $5984.82 I Past Due I $5984.82 1$ I Make checks payable to: Unifund UNIFUND STATEMENT Ann M Bates 332 Ridge Hill Rd Carlisle PA 17013-8482 MESSAGE FROM UNIFUND Your account is past due $5984.82. 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: I Date II Transaction II Balance II Due IL Payments II New I Balance 11/0712005 Bank One Delaware NA's $5984.82 $5984.82 $0 $5984.82 account was issued under the name of FIRST USA BANK Unifund CCR Partners purchased this account from Bank One Delaware NA. 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. AFFIDAVIT OF INDEBTEDNESS , L 02358<-/ State of Ohio) County of Hamilton) ss. Kim Kenney being sworn, deposes and says that she is Media Supervisor ofUnifund 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 Ann M Bates, Account Number 5407301016312951, the amount of $5984.82 (principal balance in the amount of$3805.85 plus interest up through 11/07/2005 in the amount of$2178.97). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 14.99 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Bank One Delaware NA's account was issued under the name of FIRST USA BANK. Unifund CCR Partners purchased this account from Bank One Delaware NA. 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. ll) DATED this November 7, 2005 UNIFUND CCR PARTNERS By: Kim Kennev Media Supervisor Subscribed and Cincinnati OH 45242 Address of November, 2005 Year / / -, C--' /,,".-. Notary Public My commission Expires \,.\\',:,!IIIUI/', \\\" ", '1/ \\ ~,'.( \ /!, I )' ^ 'Ii, 2~'C" '!I! ~":1///~':., / ( - -. .;-. <: "/-'/ 0'./-<) .' .~v //; .fE OF ,<~", III1 .. \\\' 10/11111\\\\\\ JENNIFER A. DUNCAN NOTARY PUBLIC STATE OF OHIO comm Expires JULY 05. 2007 Client # 829 .. 1J 0 .{.Q. ~ 'i U( Crt - "'- 1I1 8 ~ ..J::::. 0 (" c-o ~ ,- w .-", .' "'\) -n -.. ~ '- -- --- r ._,- -, " 1.:-) ::b -"J ---- J:=- r" , , ('-J ~J . SHERIFF'S RETURN - REGULAR CASE NO: 2006-00380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS BATES ANN M SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BATES ANN M the DEFENDANT , at 2100:00 HOURS, on the 23rd day of January 2006 at 332 RIDGE HILL ROAD CARLISLE, PA 17013 by handing to ANN BATES 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 Service Affidavit Surcharge So Answers: 18.00 5.28 .00 10.00 .00 33.28 .y ~ ~I'/~ . r ~7?e:,/..e:: ~ R. Thomas Kline Sworn and Subscribed to before '~ot~ day of 01/24/2006 GORDON & WEINBERG By: (~ j ,.,11 D~P~'y- s~e~~lk' me this A.D. , , 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 FIRST USA BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-380CIVIL ANN M BATES PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, ANN M BATES, and assesses the damages as per stat low. FREDERIC I. WEI ESQUIRE PAUL M. SCHOFI R., ESQUIRE Attorney for Plaintiff Principal Interest from February 28, 2002 @14.99% Total: $3,805.85 $2,283.55 $6,089.40 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. ESQUIRE Filed: By the Prothonotary: AND NOW, this ~ day of I'?~~ , 2005 Judgment is entered in favor of the plaintiff Is) and against defendant, for want of an answer and damages assessed at the urn of , $6,089.40 as per the above certification. 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 FIRST USA BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ANN M BATES DOCKET NO. 06-380CIVIL CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF FIRST USA BANK HILL RD, CARLISLE PA 17013. and that the last known address of defendant, ANN M BATES, 332 RIDGE GORDON & WEINBERG, P.C. BY: FREDERIC I. , ESQUIRE 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 FIRST USA BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-380CIVIL ANN M BATES 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, 332 RIDGE HILL RD, CARLISLE PA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Mi1itacy 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 6,L Before me this I Day o~ ' ~006. ~~,Uh Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHRISTINE M. COLON, Nota Public M C~'ty of Philadelphia, Phila c6unty mm~S!QD E~P1fJ1s November :I.!.?009 FREDERIC I. WE l 2023584 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No. : PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 UNIFUND CCR PARTNERS ASSIGNEE OF FIRST USA BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-380CIVIL ANN M BATES NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA ANN M BATES 332 RIDGE HILL RD CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: February 15, 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. FREDERIC PAUL M. BY: PI0D-2 l~ s ~ ~ ~ Ili -C:. ~.r ~ ..!.C;} ~ ~ ~ ~ ~ -J ~r t?- ~ r.',:> ~.". ._-1 I C.: :') .. " . l.. ^-- ..--- . 2023584 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 FIRST USA BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-380CIVIL ANN M BATES NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ~NTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $6,089.40. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GO~DON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. <L BY: FREDERIC I. PAUL M. SCH Attorney fo Dated: February 28, 2006 2021584 • 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 COURT OF COMMON PLEAS FIRST USA BANK CUMBERLAND COUNTY Vs. DOCKET NO. 06-380CIVIL ANN M BATES 332 RIDGE HILL RD o g CARLISLE PA 17013 C7 G c -*1 and roco "- =-rl M&T Bank rT?p rnr- 1 West High Street - _... ?p ? Carlisle, PA 17013 - ?? Ip GARNISHEE p- nn PRAECIPE FOR WRIT OF EXECUTION p O?rn TO THE PROTHONOTARY: ? -G w Ln D Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against ANN M BATES (2) against MGT Bank (3) AMOUNT DUE INTEREST from March 8, 2006 COSTS defendant(s)and garnishee(s) $6,089.40 $1,738.73 Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL -SF C l Op u !, a ( $.00) FREDERIC I. EINB G, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff g7 g'00 Due & . so I-L Cr'-W\LLocay ?2?as34a3 wr b? gx ItmuGd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-380 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS ASSIGNEE OF FIRST USA BANK Plaintiff (s) From ANN M BATES, 332 Ridge Hill Road, Carlisle, PA 17013 (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 GARNISHEE(S) as follows: M&T Bank, 1 West High Street, Carlisle, PA 17013 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 $6,089.40 L.L. $.50 Interest $1,738.73 Atty's Comm % Atty Paid $Li.78 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 1/19/11 (Seal) RXQUES'l ING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 2?j "'qe vi D well, Pro onotary By: Deputy Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Unifund CCR Partners Assignee of First USA Bank vs. Ann M Bates Case Number 2006-380 SHERIFF'S RETURN OF SERVICE 02/03/2011 02:13 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ann M. Bates, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joan Crowl, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on Ann M. Bates at 332 Ridge Hill Road, Carlisle, PA 17013. SO ANSWERS, w x . 2?y?? February 04, 2011 RON R ANDERSON, SHERIFF gg,F,?IL??Ey??D-O?7 ?FICF^?-h n / O fl f iiOT11 3? 10. 1," #1 t 2011 FEB -1 AM 9: 23 CUMBERLAND COUHITY I C ? ? 6 G, 14? 5- w s , eputy SHERIFF'S OFFICE aF CUMBERLAND COUNTY Ronny R Anderson Sheriff Y. .. OF TIDE FILED-OFFICE 2011 AUG 23 PM 3: 52 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Unifund CCR Partners Assignee of First USA Bank Case Number vs. 2006-380 Ann M Bates SHERIFF'S RETURN OF SERVICE 02/03/2011 02:13 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2011 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ann M. Bates, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joan Crow[, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on Ann M. Bates at 332 Ridge Hill Road, Carlisle, PA 17013. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.08 August 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ..) iY' J ? . CMG ?1v37/y !cj ti--ounty5uite Shenft ielecso't, 6?L