HomeMy WebLinkAbout03-0950
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
CIVIL DIVISION
ARBITRATION DIVISION
No. 03 - 9St> C!.;(,)~L 't~
COMPLAINT IN CIVIL ACTION
vs.
ANTON URBAN,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
L1T:278150-1 014636-107921
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
Plaintiff,
)
)
)
)
) No. OJ -
)
)
)
)
)
)
Ct'u~L J-~
vs.
ANTON URBAN,
Defendant.
NOTICE TO DEFEND
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 judgment
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS
Plaintiff ,
)
)
)
)
) No. 03 -
)
)
)
)
)
)
G;:,~C/~
vs.
ANTON URBAN,
Defendant.
COMPLAINT IN CIVIL ACTION
AND NOW, comes the Plaintiff, UNIFUND CCR PARTNERS, by its
counsel, Tucker Arensberg, P.C. and files this Complaint stating as follows:
1 . The Plaintiff is Unifund CCR Partners, a Delaware partnership, with
offices located at 10625 Techwoods Circle, Cincinnati, Ohio 45242.
2. The Defendant, Anton Urban is an individual and resident of
16 Terrace Pl., New Cumberland, PA 17070.
3. On or about October 10, 1990, the Defendant applied for and was
approved to receive a Citibank Universal Card Svcs Credit Card (hereinafter "Account").
Such Account was issued at Account Number 5398550016183702.
4. The Defendant utilized such Account and incurred a balance due
and owing.
5. As of June 12, 2002, the Defendant owed $4,523.36 in principal, and
$722.55 in interest. The total amount owed is $5,245.91. See the Affidavit of
Indebtedness attached hereto as Exhibit "A" and incorporated by reference as if fully set
forth at length herein.
6. Despite written and oral demands for payment, the Defendant has
failed and refused to pay the amount due and owing.
7. Reasonable attorneys' fees in the amount of 20% of the principal
balance are due and owing.
8. The following amounts are currently due and owing from the
Defendant:
Principal and Interest
Reasonable Attorney's Fees (20%)
TOTAL:
$ 5,245.91
$ 1.049.18
$ 6,295.09
9. The Account has been assigned by Citibank Universal Card Svcs to
the Plaintiff including all rights to collect the amount due from the Defendant.
- 2 -
WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment
be entered in its behalf and against the Defendant, Anton Urban, in the sum of $6,295.09
plus costs and interest.
TUCKER ARENSBERG, P.C.
By
Counsel for Unifund CCR Partners:
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
- 3-
.
AFFIDAVIT OF INDEBTEDNESS
.
State of Ohio )
County Of Hamilton ) ss.
Jessica Bergholz, being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein called
assignor, which is doing business at 11802 Conrey Road, Cincinnati, Ohio 45249 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 ANTON URBAN, Account Number 5398550016183702, the amount of $5245.91
(principal balance in the amount of $4523.36 plus interest up through 06/12/2002 in the amount of $722.55). 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 account was originated with Citibank Universal Card Svcs. Unifund CCR Partners purchased this account
from Citibank Universal Card Svcs. Said account has been assigned, trasferred and set over unto, Tucker
Arensberg with full power and authority to do and perform all acts necessary for the collection, settlement,
adjustment, compromise or satisfaction of said claim.
DATED 12 June 2002
id
NO CCR PARTNERS
By: Jessica Beraholz Media SUDervisor
Title
11802 Conrey Road Cincinnati. OH 45249
Address
Subscribed and sworn to before me this ~ day of
June
2002
,
_Cfyu'I#na- rY/ a~ '
Notary Public
Client # 215
My commision expires
CHRISTINA M. ALLEM
VERIFICATION
The undersigned verifies that the statements made in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief and
understands the statements therein made are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
Amy Treadon
Unifund CCR Pa ners
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UNIFUND CCR PARTNERS,
:IN THE COURT OF COMMO PLEAS OF
:CUMBERLAND COUNTY, PE SYLVANIA
Plaintiff
CIVIL DIVISION
ARBITRA nON DIVISIO
vs.
ANTON URBAN,
No. 03-950 Civil Term
Defendant
COMPLAINT IN CIVIL A
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Anton Urban, by and through his attorney,
Brian C. Bornman, Esquire, and hereby submits the following prelimin y objections to
Plaintiffs Complaint pursuant to Pa. R.C.P. l028(a) and in support ther of avers the
following:
1. Plaintiff commenced this action by filing a Complaint on March 3, 2003.
This Complaint was served on Defendant on March 24, 2 03. A copy of
this Complaint is attached hereto as Exhibit "A".
2. The Complaint alleges that there is credit card debt owed by Defendant to
Plaintiff.
3. Defendant does not have any recollection of ever having account by the
account number mentioned in the Complaint.
4. Defendant has no record of requesting such a credit card or utilizing such
a credit card.
PRELIMINARY OBJECTION RAISING FAILURE OF PLAINTIFF'~ COMPLAINT
TO CONFORM TO LAW OR RULE OF COURT I
I
5. Objecting Defendant incorporates by reference the averm nts of
Paragraphs 1 through 4 above as if set forth herein in full.
6. Defendant preliminarily objects to Plaintiffs Complaint 0 the grounds
I
that it violates Pa. R.C.P. 10 19(h). The Complaint fails to ~tate whether
the alleged debt is based upon a written or oral agreement. I
I
7. Defendant preliminarily objects to Plaintiffs Complaint 0 the grounds
that it violates Pa. R.C.P. 10 19(i). Ifthis action is based u
contract, this written contract must be attached to the com laint.
I
WHEREFORE, Defendant respectfully requests this Court to grant his p+iminary
objection and to Order the Plaintiff to amend his Complaint to conform tollaw.
I
Date:1-f'03
.e
BRIAN C. BORNM N, ESQUIRE
KLINE LA W OFFIC
714 Bridge Street
New Cumberland, P
(717)770-2540
Attorney for Defend
,II
"
i
I
I
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNn{ PENNSYLVANIA
Ex h,'b/r
A
UNIFUND CCR PARTNERS
Plaintiff,
)
)
)
)
) No.
)
)
\
J
)
)
)
vs.
ANTON URBAN,
Defendant.
NOTICE TO DEFEND
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 is Complaint and
Notice are served, by entering a written appearance personally or by a omey 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 yo and a judgment
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 Plaint . You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT NCE.
iF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELO TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(800) 990-9108
)
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CIVIL DIVISION I
ARBITRATION DIVIS,ON
No. 03 - qSO I C;()~Cf~
COMPLAINT IN CIVI~ ACTION
I
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNnf, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
ANTON URBAN,
Defendant.
...
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c....J
::3
Filed on behalf of unif.l.nd CCR ~
Partners, Plaintiff r -L:
. I
Counsellor Unilund erR partners~
Jonathan S. McAnney,1 Esquire en
Pa. J.D. #50041 i ,C::>
I
" I
TUCKER ARENSBER~, P.C.
Firm #287 I ' .
1500 One PPG Place I
Pittsburgh, PA 15222
(412) 566-1212
L1T:2781SD-1 014636-107921
TRUE COPY FR M RECORD
In Ti$t~frii1iW Y~her~Gt I fl" is mn~ set in\{ t.as:d
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1 PENNSYLVANIA
!
I
!
UNIFUND CCR PARTNERS
Plaintiff,
)
)
)
)
)
)
)
)
)
)
)
No.
vs.
ANTON URBAN,
Defendant.
COMPLAINT IN CIVIL ACTION
I
AND NOW, comes the Plaintiff, UNIFUND CGR PARTNE~S, by its -
I
counsel, Tucker Arensberg, P.C. and files this Complaint stating as fOllotS:
1. The Plaintiff is Unifund CCR Partners, a Delawam 1artnershiP, with
offices located at 10625 Techwoods Circle, Cincinnati, Ohio 45242. I
2. The Defendant, Anton Urban is an individual and re~ident of
I
16 Terrace PI., New Cumberland, PA 17070. !
I
3. On or about October 10, 1990, theDefendant apPIi~ for and was
I
approved to receive a Citibank Universal Card Svcs Credit Card (hereinater "Account").
Such Account was issued at Account Number 5398550016183702. I
>-I
4. The Defendant utilized such Account and incurred a alance due
and owing.
5. As of June 12, 2002, the Defendant owed $4,52~.36 in principal, and
$722.55 in interest. The total amount owed is $5,245.91. See the Aff,davit of
Indebtedness attached hereto as Exhibit I'A" and incorporated by refer~nce as 'if fully set
forth at length herein. I
i
I
6. Despite written and oral demands for payment, th~ Defendant has
. !
failed and refused to pay the amount due and owing.
7. Reasonable attorneys' fees in the amount of 20% pf the principal
I
balance are due and owing. I
I
i
, !
8. The following amounts are currently due al'ld oWin~ from t~e
Defendant:
Principal and Interest $ 5,245.S1
I
Reasonable Attorney's Fees (20%) $ 1.049.~
TOTAL: $ 6,295.09 .,/
, I
I
I
I
The Account has been assigned by Citibank unive+al Card'Svcs to
9.
the Plaintiff including all rights to collect the amount due from the Defen~ant .
-2-
WHEREFORE, the Plaintiff, Unifund CCR Partners dem nds that judgment
be entered in its behalf and against the Defendant, Anton Urban, in th sum of $6,295.09
plus costs and interest.
By
-3-
TUCKER ARENSBERG, P. .
Counsel for Unifund a R Partners:
TUCKER ARENSBER ,P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
.
nrFIDAVIT OF INDEBTEDNt:SS
.
State of Ohio )
County Of Hamilton ) ss.
..
Jessica Bergholz, being sworn, deposes and says that she is Media Supervisor of Unifu d CCR Partners herein called
assignor, which is doing business at 11802 Conrey Road, Cincinnati, Ohio 45249 and th t she is authorized to
make the statements and representations herein.
The defenqant is not in any branch of the military.
/
There IS due and payable from ANTON URBAN, Account Number 5398550016183702, t e amount of $5245.91
. (principal balance in the amount of $4523.36 plus interest up through 06/12/2002 ih the a ount of $722.55). By
the terms of the agreement between the defendant and the original creditor, interest is a cruing from the
aforesaid date at the rate of 6.00 percent per annum. . I
I
This account was originated with Citibank Universal Card Svcs. Unifund CCR Partners p rchased this account
from Citibank Universal Card Svcs. Said account has been assigned, trasferred and set ver unto, Tucker
Arensberg with full power and authority to do and perform all acts necessary for the colle tion, settlement,
adjustment, compromise or satisfaction of said claim.
i
DATED 12 June 2002 I
LiJ.
, ~ND CCR PARTNERS
I
By: Jessica BeraiolZ ' Media Suoervisor
Title
11802 Conre
OH 45249
Address
Subscribed and sworn to before me this ~ day f
June
,2002
I
~CfyuV:ino, rrj, a~ .
I Notary Public
!
Client # 215
My commision expires .
CHRISTINA M, AllEN
".. -.'
VERIFICATION
The undersigned verifies that the statements made in the foregoing
Complaint are true and'correct to the best of his knowledge, informatio and belief and
,understands the statements therein made are made subject to the pen /ties of 18 Pa.C.S.
94904 relating to unsworn falsification to authorities.
, Amy Treadon
Unifund CCR Pa ners
VERIFICATION
I verify that the statements made in the foregoing Defend 1's Preliminary
Objections to Plaintiff's Complaint are true and correct. I understand th t false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 re ating to unsworn
falsification to authorities.
L..{-q-03>
cw~
Anton Urban
Date
~~.
~
CERTIFICATE OF SERVICE
1
I hereby certify that I served a true and correct copy ofDefendantls Preliminary
I
I
I
Objections to Plaintiff's Complaint upon Plaintiff by depositing the samelin the United
I
I
States Mail, first class, postage pre-paid on the -.!!z!1 day of April, 2003,1 from New
Cumberland, Pennsylvania, addressed as follows:
Jonathan S. McAnney, Esquire
Tucker Arensberg, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
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SHERIFF'S RETURN - OUT OF COUNTY
~ASE NO: 2003-00950 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
URBAN ANTON
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
URBAN ANTON
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April
15th , 2003 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep York County
18.00
9.00
10.00
33.68
.00
70.68
04/15/2003
TUCKER ARENS BERG
:~
Sheriff of Cumberland County
PC
Sworn and subscribed to before me
this ;V.;4.f
day of ~
.J.UtJ-3 A. D.
~ Q ~,~,
Prothonotary
--- -.- ------------~----, - ..---------....------ -- ------_._-----_.~-
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b,~
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COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST, YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
2, COURT NUMBER
03-950 .
4, TYPE OF WRIT OR COMPLAINT
1, PLAINTIFFISI
Unifund CCR Partners
3, DEFENDANT/SI
Anton Urban Notice and Canplaint
SERVE { 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD,
..IIll.. Anton Urban
.",. 6, ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO" CITY, BORO, TWP" STATE AND ZIP CODE)
AT 16 Terrace Place New Cumberland, PA 17070 Fairview
7, INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE XXI DEPUTIZE 0 CERT. MAIL 0 1ST CLASS MAIL
NOW March 21 20 03 I SHERIFF
York ' -, COUNTY to execute t
to law, This deputization being made at the request and risk of the plaintiff,
o POSTED
o OTHER
8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
ADVANCED FEE PAID BY SHERIFF
OUT OF OOUNTY
CUMBERLAND
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof,
9, TYPE NAMI;,~nd~Dl;!Ii~~~f AITOBNEY I ORIGINATOR and SIGNATURE
IU~KtK AKtN~BtKu 1500 PNE PPG PL PITTSBURGH, PA 15222
10, TELEPHONE NUMBER 11, DATE FILED
412-566-1212 3-3-03
12, SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BElOW: (This area must be completed if notice is to be mailed),
CUMBERLAND CO SHERIFF
13, I acknowledge receipt of the writ
or complaint as indicated above,
16, HOW SERVED: PERSONAL (
SEE REMARKS BELOW
4, Signature of
Dep, Sheriff
TARY 46, Signature ofY
County Sheri
FOR WILLIAM M.
48, Signature of Foreign
County Sheriff
50, I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
41, AFFIRMED and subscribed to before me thi
42, day of A P R TL , 20 03. 4
Notarial Seal
James V. VCingreen, Notary Public
City of York, York County. PA
My Commission Expii cs Mar, 21, 2005
4-1-03
49, DATE
1, WHITE - Issuing Authority 2, PINK - Attomey 3, CANARY - Sheriffs Office 4, BLUE _ Sheriffs Office
DATE RECEIVED
~/', "''''-''''-...-.--.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff ,
No. 03-950
vs.
AMENDED COMPLAINT IN CIVIL
ACTION
ANTON URBAN,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa. 1.0. #50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
L1T:283886-1 014636-107921
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, )
)
Plaintiff, )
)
vs. ) No. 03-950
)
ANTON URBAN, )
)
Defendant. )
NOTICE TO DEFEND
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 attomey and filing in
writing with the Court your defenses or objections to the claims set forth against you. You
are wamed that if you fail to do so the case may proceed without you and a judgment
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, )
)
Plaintiff , )
)
vs. ) No. 03-950
)
ANTON URBAN, )
)
Defendant. )
)
)
AMENDED COMPLAINT IN CIVIL ACTION
AND NOW, comes the Plaintiff, UNIFUND CCR PARTNERS, by its
counsel, Tucker Arensberg, P.C., and files this Amended Complaint stating as follows:
1. The Plaintiff is Unifund CCR Partners, a Delaware partnership, with
offices located at 10625 Techwoods Circle, Cincinnati, Ohio 45242.
2. The Defendant, Anton Urban, is an individual and resident of
16 Terrace PI., New Cumberland, PA 17070.
3. On or about October 10, 1990, the Defendant applied through
Citibank for and was approved to receive a Citibank Universal Svcs Credit Card
(hereinafter "Account"). Such Account was issued at Account Number
5398550016183702.
4. The Defendant utilized such Account, received monthly statements
on said account, made monthly payments on said account through March 1999 and
incurred a remaining principal balance due and owing in the amount of $4,523.36 as of
June 12, 2002. See credit card statement for the period September 20, 1999 through
October 19,1999, a true and correct copy of which is attached to this Amended
Complaint, marked as Exhibit "A" and incorporated by reference as if fully set forth at
length herein.
5. As of June 12,2002, the Defendant owed $4,523.36 in principal, and
$722.55 in interest. The total amount owed is $5,245.91. See the Affidavit of
Indebtedness attached as Exhibit "BII and incorporated by reference as if fully set forth at
length herein.
6. Despite written and oral demands for payment, the Defendant has
failed and refused to pay the amount due and owing.
7. Reasonable attorneys' fees in the amount of 20% of the principal
balance are due and owing.
8. The following amounts are currently due and owing from the
Defendant:
Principal and Interest
Reasonable Attorney's Fees (20%)
TOTAL:
$ 5,245.91
$ 1.049.18
$ 6,295.09
2
9. The Account has been assigned by Citibank Universal Card Svcs to
the Plaintiff including all rights to collect the amount due from the Defendant.
WHEREFORE, the Plaintiff, Unifund CCR Partners, demands that
judgment be entered in its behalf and against the Defendant, Anton Urban, in the sum of
$6,295.09 plus costs and interest.
TUCKER ARENSBERG, P.C.
By
sel for Unifund CCR Partners:
TUCKERARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
3
Your A'a[[' UnivCl'sal Curd Statement
September 20 - October 19, 1999
-- AT&T
..
Page 1 of 2
ANTON P URBAN
Account 5398 5500 1618 3702
Calling Card 5080529752+ PIN
No Annual Fee For Life
How to Reach Us
Account Online: www.universaicard.com
Account OnCall: 1 800 636-8330
(For Automated Service Only)
Customer Service: 1 800 423-4343
Quick Reference
Minimum Payment Due.........................................$4,523.36
Due Date ................................................................DUE NOW
Amount Past Due ......................................................$612.00
Credit Line ..,.................................................................. $0.00
Available Credit ..,..................,.................."...............,... $5,00
Cash Advance Limit.............",........................"............ $0.00
Your minimum payment includes
overlimit and past due amounts.
Please remit your payment
immediately.
Account Summary
Previous Balance
Payments and Adjustments
MasterCard@ Activity
AT&T Services
New Balance
Note: Detailed activity starts on page 2.
$4,433,04
0,00
90,32
0.00
$4,523.36
Account Online Access Code
Your Instant Access Code ..........................................81'9679
Use your code to register for Account Online at
www.universaicard.cDm
Payment Record
Amount Paid:
Date Paid:
Check Number:
Please detach and return this coupon with your payment.
Account Number Pavment Due New Balance Minimum Pavment Enter Amount Enclosed
5398 5500 1618 3702 DUE NOW $4,523.36 $4,523.36 $
Make changes to address and phone number below:
0008
06
Add...." Apt/Suite
City State Zip
Home phone Business phone
( ) I )
o 35 539855 19 00
Make check payable to:
ANTON P URBAN
16 TERRACE PL
NEW CUMBERLAND PA 17070-2459
EXHIBIT IIAII
Universal CardServices Corp.
PO BOX 8219
SOUTH HACKENSACK NJ 07606-8219
11111 1111I11111111111111,111111111111111111111I111111111111111
53985500161837020000707000D04523360
ANTON P URBAN
Account 5398 5500 1618 3702
September 20-0ctober 19, 1999
Page 2 of 2
AT&T U~iversal MasterCard Activity
Purchases ............ .......,.........,............".. .., ........................ ............................................ .... ................................ $0.00
Cash Advances and Checks .. ............".... ,.................." ...., ,.........................,.............". ....... ...........,.............. $0.00
Fi nance Charges ........._.........,., ..........,... ,. ..........,.............. ..................,.......................,.,.... '......................... $61.32
Fees ..................'. '......... ............................................. '" ...................................................:...................... .........$29.00
Total MasterCard Activity................................. ......,............................;. ,.......................................... ..........$90.32
(j] I Purchases
Total Mastercard Purchases.............,.. ... ,.............."........ ........................................ ..................................... $0.00
IE 1 Cash Advances and Checks
Cash Advance Limit................................$O.OO.
.This represents a portion of your total credit line.
Total Cash Advances and Checks
$0.00
Finance Charge Information
Nominal
APR
Purchases 16,70%
Cash Advances
ATMlTeller 19.40%
Conv, Cks.lOther 16,70%
. Indicates variable rate
Daily
Periodic x
Rate
,04575%. x
Number of
Days in x
Billing Cycle
30 x
Average
Daily
Balance
$4,467,75 -
Periodic Cash Advance
FINANCE + Fee/FINANCE
CHARGE CH~
$61.32
,05315%" x 30 x $0,00
,04575%. x 30 x $0,00
= Total FINANCE CHARGE
Effective ANNUAL PERCENTAGE RATE
$0,00 +
$0,00 +
$0,00
$0,00
$61.32
16.70 %
.1 Fees
Trans Post
10/15 10/15
Total Fees
Descri pti on
LATE FEE
Amount
29.00
$29.00
AT&T Services Summary
AT&T Universal Calling Card Calls ................................................................................................................$0.00
II
AFFIDAVIT OF INDEBTEDNESS
State of Ohio )
County Of Hamilton ) ss.
Jessica Bergholz, being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein called
assignor, which is doing business at 11802 Conrey Road, Cincinnati, Ohio 45249 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 ANTON URBAN, Account Number 5398550016183702, the amount of $5245.91
(principal balance in the amount of $4523.36 plus interest up through 06/12/2002 in the amount of $722.55). 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 account was originated with Citibank Universal Card Svcs. Unifund CCR Partners purchased this account
from Citibank Universal Card Svcs. Said account has been assigned, trasferred and set over unto, Tucker
Arensberg with full power and authority to do and perform all acts necessary for the collection, settlement,
adjustment, compromise or satisfaction of said claim.
DATED 12 June 2002
~D CCR PARTNERS
By: Jessica Beraholz Media Suoervisor
Title
11802 Con rev Road Cincinnati. OH 45249
Address
Subscribed and sworn to before me this ~ day of
June
,2002
_CJtyu'xfrnlA- rfj a~ '
Notary Public
Client # 215
My commision expires
EXHIBIT "BII
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1 '< % CHRISTINA M, ALLEN
f . 1 ~ Public. Stale of OhiO
'\ ,;' . ~' J My Commission expires Feb. 1, 2007
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VERIFICATION
The undersigned verifies that the statements made in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief and
understands the statements therein made are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
~~
Amy Treadon
Unifund CCR artners
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the attached Amended Complaint in
Civil Action was served upon the party listed below by first class mail, postage prepaid
this '1J day of April, 2003.
Brian C. Bornman, Esquire
Kline Law Offices
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070
. McAnney, Esquire
f r Plaintiff
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:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ARBITRATION DIVISION
UNIFUND CCR PARTNERS,
vs.
ANTON URBAN,
No. 03-950 Civil Term
Defendant
COMPLAINT IN CIVIL ACTION
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, comes the Defendant, Anton Urban, by and through his attorney,
Brian C. Bornman, Esquire, and hereby submits the following preliminary objections to
Plaintiff's Complaint pursuant to Pa. R.C.P. 1028(a) and in support thereof avers the
following:
1. PI~ntiff commenced this action by filing a Complaint on March 3, 2003.
This Complaint was served on Defendant on March 24, 2003. A copy of
this Complaint is attached hereto as Exhibit "A".
2. The Complaint alleges that there is credit card debt owed by Defendant to
Plaintiff.
3. Defendant does not have any recollection of ever having an account
identified by the account number mentioned in the Complaint.
4. Defendant has no record of requesting such a credit card or utilizing such
a credit card.
5. Defendant filed Preliminary Objections to Plaintiffs Complaint on April
10,2003.
6. Plaintiff served an Amended Complaint on Defendant by first-class mail
on April 23, 2003.
7. Plaintiff s Amended Complaint does not state whether the contract is oral
or written, nor does it have a copy of the contract attached or state that
reasons why it cannot be produced.
PRELIMINARY OBJECTION RAISING FAILURE OF PLAINTIFF'S COMPLAINT
TO CONFORM TO LAW OR RULE OF COURT
8. Objecting Defendant incorporates by reference the averments of
Paragraphs I through 7 above as if set forth herein in full.
9. Defendant preliminarily objects to Plaintiffs Amended Complaint on the
grounds that it violates Pa. R.C.P. 1019(h). The Amended Complaint fails
to state whether the alleged debt is based upon a written or oral agreement.
10. Defendant preliminarily objects to Plaintiffs Amended Complaint on the
grounds that it violates Pa. R.C.P. 1019(i). If this action is based upon a
written contract, this written contract must be attached to the complaint.
WHEREFORE, Defendant respectfully requests this Court to grant his preliminary
objection and dismiss the Plaintiff's Amended Complaint for failure to conform to law.
Date: s:t-03
Respectfully Submitted,
~ t!~'7 --
BRIAN C. BORNMAN, ESQUIRE
KLINE LAW OFFICE
714 Bridge Street
New Cumberland, P A 17070
(717)770-2540
Attorney for Defendant
VERIFICATION
I verify that the statements made in the foregoing Defendant's Preliminary
Objections to Plaintiff's Amended Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
5- 5 -03
Date
a.M~~ p~~
Anton Urban
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of Defendant's Preliminary
Objections to Plaintiff's Complaint upon Plaintiff by depositing the same in the United
States Mail, first class, postage pre-paid on the ~ day of May, 2003, from New
Cumberland, Pennsylvania, addressed as follows:
Jonathan S. McAnney, Esquire
Tucker Arensberg, P.e.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
~~~ ----
BRIAN C. BORNMAN, ESQUIRE
KLINE LAW OFFICE
714 Bridge Street
New Cumberland, P A 17070
(717) 770-2540
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in dnplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
----------------------------------------------------------------------------------------------.---------------------
CAPTION OF CASE
(entire caption must be stated in full)
UNIFUND CCRPARTNERS,
No, 03-950 Civil Term
(Plaintiff)
vs,
ANTON URBAN,
(Defendant)
L State matter to be argued (i,e" plaintiffs motion for new trial, defendant's demiurrer to
complaint, etc.):
Defendant's Preliminary Obiections to Amended Comolaint
2, Identify counsel who will argue cases:
(a) for plaintiff:
Jonathan S, McAnnev, ESQuire. Tucker Arensbero, P,C.. 1500 One PPG Place,
Pittsburgh. PA 15222
(Name and Address)
(b) for defendant:
Brian C. Bornman, ESQuire. Kline Law Office, 714 Bridge Street. N4w Cumberland. PA
17070
(Name and Address)
3, I will notify all parties in writing within two days that this case has been listed for argument.
4, Argument Court Date:
~
Jonath
Print yo
Date_l~ h'D6
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No, 03-950
vs.
PRAECIPE TO SETTLE
AND DISCONTINUE
ANTON URBAN,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S, McAnney, Esquire
Pa. 1.0, #50041
TUCKER ARENSBERG, P,C,
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
. ' ...,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
)
)
)
)
) No, 03-950
)
)
)
)
)
)
VS,
ANTON URBAN,
Defendant.
PRAECIPE TO SETTLE AND DISCONTINUE
To: Prothonotary
Kindly settle and discontinue this matter,
TUCKER ARENSBERG, P,C,
Jo t n S, McAnney, Esquire
P ,I. ,#50041
By
Counsel for Unifund CCR Partners:
TUCKER ARENSBERG, P,C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
~ . ,....
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Praecipe to Settle
and Discontinue was served on the following by first class mail, postage pre-paid on
this 14th day of February, 2006:
Robert Peter Kline, Esquire
PO Box 461
New Cumberland, PA 17070
Anton Urban
16 Terrace PI
New Cumberland, PA 17070
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