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HomeMy WebLinkAbout06-4620 2022093 THIS I~LAN ARBITRATION MATTER. ASSESS~rNT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. ( BY: FREDERIC I. WEINBERG, ESQUI E Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQ IRE Identification No.: 811894 21 SOUTH 21ST STREET ' PHILADELPHIA, PA 19103 215/988-9600 UNIFUND CCR PARTNERS ASSIGNEE OF NATIONAL CITY 10625 Techwoods Circle Cincinnati, OH 45242 VS. THOMAS M SHOEMAKER 10 YORWICK ROAD CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. Ol.. - 4(,).l) /J. L~ L"IUl 1f/J.Jf) YOU HAVE BEEN SUED IN COURT. IF OU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST AKE 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 WI H THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. OU 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 A Y MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED B THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO OU. YOU SHOULD TAKE THIS PAPER TO YO R LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE S T FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA YER. IF YOU CANNOT AFFORD TO HIRE A LA YER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TH T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNT BAR ASSOCIATION 32 S. BED ORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Unifund CC Partners is a debt buyer and successor in interest to the ori$inal creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which a the request of the defendant(s) was issued to the defendant(s) b the plaintiff under the terms of which the plaintiff agreed to xtend to defendant (s) the use of plaintiff's credit facilities. 3. Defendant(s) accepted nd used the aforesaid credit card so issued and by so doing to perform the terms and conditions prescribed by the pla'ntiff for the use of said credit card. 4. The defendant (s) receive and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Pl intiff. A true and correct copy of the Statement of Account is a tached hereto as Exhibit nAn. 5. All the credits to whic the defendant(s)is entitled have been applied and there remains a balance due in the amount of $11,550.28. 6. Plaintiff has made emand upon the defendant(s)for payment of the balance due of $ 1,550.28 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 $11,550.28 at the rate of 6% fro the date of September 21, 2003, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: P01h FR PA At VERIF CATION FREDERIC I. WEINBERG, ESQU RE, 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, infor ation and belief. The undersigned understand that the statements herein are made subject to the penalties of 8 Pa.C.S.A. Section 4904 relating to unsworn falsification to auth rities. EXHIB T "A" AFFIDAVIT OF EBTEDNESS 2-o22...0Q3 State of Ohio) County of Hamilton ) ss. Kim Kenney being sworn, deposes and says that sh is Media Supervisor ofUnifund CCR Partners herein called assignee, which is doing business at 10625 'J: hwoods Circle, Cincinnati, Ohio 45242 and that she is authorized to make the statements and representati s herein. The defendant is not in any branch of the military. There is due and payable from Thomas M Shoemak ,Account Number 43 II 9675 10076355, the amount of $12488.36 (principal balance in the amount of$II5 0.28 plus interest up through 09/0212005 in the amount of$938.08). By the tenns of the agreement etween the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 6. percent per annum. This balance reflects any payments, credits or offsets made since the account as charged off. National City's account was issued under the name fNationalCity. Unifund CCRPartners purchased this account from National City. Said account has been eferred to Gordon & Weinberg P.C. with full power and authority to do and perform all acts necessary 11 r the collection, settlement, adjustment, compromise or satisfaction of said claim. Client # 829 My commission Expires KAREN WilLIAMS N01ARY PUBLIC SlAlE OF OHIO Comm. ExpIres July 19, 2010 829 20z-z0Q3 Account Number Balance as of Payment Due 09/0212005 Date I 1.36 I I pSiifITue I Minimum Payment S1 Payment Enclosed IS I Make c:hecb payable to: Unlfund I Thomas M Shoemaker 410 Wildwood Rd Carlisle PA 17013-7730 UNIFUiD STATEMENT I , I I MESSA:;E FROM UNIFUND Your account is past due $12488.35. T e past due amount is included in the minimum payment. Please remit immediately. I you have already sent payment for the above amount, thank you. TRANSACTIONS: I Date 11- 09/0212005 National City's account was issued under the name of National City. Unifund CCR Partners purchased this acco nt from National City. Transaction I Balance II Due $12488.36 $12488.36 II Payments II B:t:fce I $0 $12488.36 Prompt crediting of payments To receive credit for payments as of the date of receipt, we must celve your check or money order at: Unifund 10625 Techwoods Circle Cinci nati, OH 45242 Payments received at the above add ~ss in the manner specified after that time will be credited to your account as of our ne u 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 del;rt collector. Federal law requires us to inform you that this is an atteml~ to collect a debt and any information obtained will be used for that purp se. NationaI~ EJ PO BOX 2349 #KA16F5 KALAMAZOO MI 49003-2349 4311967510076355001155028000340828 PLEASE MAKE CHECK PAYABLE TO: NATIONAL CITY P.O. BOX 856176 LOUISVILLE, KY 40285-6176 t.luIllH1uI1I1nllll.lltlllll'imllll.lllIll.1II " New Balance I Minimum Payment I Due Date 11,550.28 3,408.28 03/31104 Account number 4311 9675 1007 6355 Amount Enclosed $ Address change? Print new address on back of statement TH MAS M SHOEMAKER PO BOX 721 C LISLE PA 17013-0721 19955 1111111.111111111111111.111111'1.1,,1.11.,1111'.111,11.1.1.1 ~H 5000 OOBO Iqb?SIOO?b~SS 001 NatlonalCIty. 4311967510078355 $10.000.00 $0.00 $0.00 29 03/04/04 03/31104 Account number Credit Limit Available Credit Available for Cash Advance Days in Billing Cycle Statement Closing Date Payment Due Date Previous Balance PaymentsiCredlts PurchasesIDebits Cash Advances Finance Charges Other Charges New Balance Minimum Payment Past Due Balance CONTlNUED DEUNQUENCY M'A Y A.QVE; SEL Y AFFECT YOUR CREDlTRATfNG. fOAVOIOFUR RCOUECUON AcnON, PAY THE TOTAL All UHT DUE. AN OVERUMff FEE WAS ASSESSED WHEN UR ACCOUNT BALANCE EXCEEDED THE E$TABUSHED UMff ON O3/fUIfU. TRANSACTIONS Tran Date Post Date R~. Number 03/04 03104 03104 03104 03104 03104 FINAIlCE CHARGES SUMMARY Description OVERLlMIT FEE LATE FEE \ .FINANCE CHARGE. TRANSACTION "TYPE Purchases Cash Advances DAILY PERIODIC RATE- .06547% .06547% CORRESPOND NG ANNUAL PERCENT E RATE 23.90% 23.90% FINANCE CHA.RGE $74.61 $141.50 ANNUAL PERCENTAGE RATE: *THIS RATE MAY VARY 23.90% Ca~ 'i:":< online OnUM A.ccount A.o~.. . . Anytlm. WWW.nc-cardaervic8s.com $11,276.17 $0.00 $0.00 $0.00 $216.11 $58.00 $11,550.28 $3.408.28 $1,570.00 Amount 29.00 29.00 216.11 AVERAGE OAlL Y 8A1.ANCE $3,929.54 $7,452.59 CUSTOMER SERVICE CoIl: 800-282-7&41 or Wril8 to: K-AI8- 5, ONE NeC PKWY, KALAMAZOO III 48009-8003 Notice: See the back of p e 1 for important lnfonnatlon on your account. 51700005 SYD 73 040304 [XPage 1 of 1 5624 960Q Y491 OV,85\70 19955 tw:l.~oc(3 ;:c) ~ ~ B ~ 0 (") ...., ~ t- = c:: = ~ "" -Ucn :>> ~;I 1"1'"1 rr c:: U'( Z C> :z: - ~~ ........ ~ ~ en 0 ~ -< r' 0< -0 :i!~ 'I,> _" () 'z.'-o' :x ~ ~ F "'::::'l.J is ;Pc ':? ~ ~ N ~ ---0 $ -.J SHERIFF'S RETURN - REGULAR CASE NO: 2006-04620 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SHOEMAKER THOMAS M SHANNON SHERTZER I Sheriff or Deputy Sheriff of Cumberland County/Pennsylvanial who being duly sworn according to law1 saysl the within COMPLAINT & NOTICE was served upon SHOEMAKER THOMAS M the DEFENDANT , at 2026:00 HOURS I on the 29th day of August , 2006 at 10 YORWICK ROAD CARLISLE, PA 17013 by handing to PAULEEN SHOEMAKER, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. 18.00 4.40 .00 10.00 .00 32.40/ ~ C[/ J-t I tJ? Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ~..,. ,/7' -. ~ Q//:~,<~~;,~.,~~..:!'.~...: 7 /;.-1~..-- R. Thomas Kline !./.~ f.,/' ,.~~ "',< .............-0;., day 08/30/2006 GORDON & WEINBERG -, , i ! (LlS~ D~uty Sherif By: before me this of A.D. . 2022093 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 NATIONAL CITY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4620 THOMAS M SHOEMAKER 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 $13,654.01. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, GORDON & WEINBERG, P.C. I ,I\'."i I~+. ;. P.C. AT 215/988-9600. FREDERIC ERG, ESQUIRE PAUL M. S LD, JR. ,ESQUIRE Attorney for Plaintiff BY: Dated: October 3, 2006 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 NATIONAL CITY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4620 THOMAS M SHOEMAKER PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, THOMAS M SHOEMAKER, and assesses the damages as per statement below. PAUL M. SCHOF Attorney for Principal Interest from September 21, @6% Total: $11,550.28 2003 $2,103.73 $13,654.01 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. WE , ESQUIRE PAUL M. SCHOFIE , JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: 19~ day of t)r'f~Lf'n.- is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $13,654.01 as per the above certification. AND NOW, this , 2006 Judgment Pro tho 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 NATIONAL CITY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. THOMAS M SHOEMAKER DOCKET NO. 06-4620 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; UNIFUND CCR PARTNERS ASSIGNEEOF NATIONAL CITY YORWICK ROAD, CARLISLE PA 17013. and that the last known address of defendant, THOMAS M SHOEMAKER, 10 GORDON & WEINBERG, P.C. BY: FREDERIC I. W PAUL M. SCHOF ELD R.,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 NATIONAL CITY COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-4620 THOMAS M SHOEMAKER 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, 10 YORWICK ROAD, 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 ~ Day d!:::::/);( ~ Notary Public OF PENNSYLVANIA COMMONWEA~.- NOT AR\Al. SEAL P blic , "\ NllON Notary U CHRISi INE 'v.. -,\. : J Dhla I'ounty CIty bj Philade\ph,a, t I ;'~"r 11.\."QQc;l, E res NOVf".!'.' . ",' h M commission xPJ... ,< ..-., ,. ' FREDERIC I. W INBER , ESQUIRE PAUL M. SCHOF ,JR. ESQUIRE Attorney for Plaintiff , 2022093 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 NATIONAL CITY COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 06-4620 THOMAS M SHOEMAKER NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA THOMAS M SHOEMAKER 10 YORWICK ROAD CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: September 20, 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: ESQUIRE ., ESQUIRE P10D-2 ~ ;d (;:) ~ ~ :-C }- "*- ~ 0 1''' C:J c> c: c:::) ~~: c..~ .-n ~ ).J ....J.-. 0 --4 -- ~ ~ i-: {"; ::r:::n ~ -i ~hi ~ ~ \..0 ;.SJY ~ '::~Cl ~ 1- -0 .~~ :f4, ::; (?- ('C) .... ~~ 25m ~ - .. -.-4 -< W ?O 0 -< SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Unifund CCR Partners Assignee of National City Case Number vs. Thomas M Shoemaker 2006-4620 SHERIFF'S RETURN OF SERVICE 10/1912011 02:32 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to VANESSA CASSELL, TELLER, personally 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 October 20, 2011 to Thomas M. Shoemaker at 10 Yorwick Road, Carlisle, PA 17013. SO ANSWERS, October 20, 2011 RON R ANDERSON, SHERIFF lam Cline, Deputy (o; Coup,ySuite Shenft i'eie(-,s,) i. Inc. UNIFUND CCR PARTNERS ASSIGNEE OF NATIONAL CITY v. THOMAS M. SHOEMAKER and M & T BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4620 CIVIL TERM IN RE: CLAIM FOR EXEMPTION ORDER OF COURT AND NOW, this 16th day of November, 2011, the exemption is granted in part. One half of the balance in the account is exempt from execution as belonging to Pauline S. Shoemaker. In all other respects, the exemption is DENIED. By the Court, Edward E. Guido, J. /Christopher S. Froba, Esquire Gordon & Weinberg, P.C. 1001 East Hector Street, Suite 220 Conshohocken, PA 19248 Douglas G. Miller, Esquire Irwin & McKnight M.Jed 60 West Pomfret Street rppi? Carlisle, PA 17013 Pauline S. Shoemaker Dom' 10 Yorwick Road Carlisle, PA 17013 Thomas M. Shoemaker 10 Yorwick Road Carlisle, PA 17013 Sheriff iu, ! c-7 ?,,, , _4• r"Co XM C5 cat" _ ern zy co Qom, E Z CD -n 3; o -? rv b srs SHERIFF'S OFFICE OF CUMBERLAND COUNTY my R Anderson ,neriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?ti?rtK" of 4fil"bcrl11111 _ T E PR0TN0N,0 ? 2012 MAY -3 PM 2. 13; CUMBERLAND COUNT;` PENNSYLVANIA Unifund CCR Partners Assignee of National City vs. Thomas M Shoemaker Case Number 2006-4620 SHERIFF'S RETURN OF SERVICE 10/19/2011 02:32 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to VANESSA CASSELL, TELLER, personally 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 October 20, 2011 to Thomas M. Shoemaker at 10 Yorwick Road, Carlisle, PA 17013. 05/02/2012 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: $88.13 SO ANSWERS, w May 02, 2012 RON R ANDERSON, SHERIFF op • Dd 10p1 • (10. 15 a7V6,D Count;Sui:n jherift. i?eleos.}ft. Inc.