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Home My WebLink About03-1664IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND OCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION VS. Plaintiff, No. ~3 -- !~, ~t COMPLAINT IN CIVIL ACTION DEBORAH A. KELLEY, 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 LIT:282510-1 014636-111265 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. DEBORAH A. KELLEY, Defendant. NO. 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 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, VS. DEBORAH A. KELLEY, Defendant. No. ~ 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 Cimle, Cincinnati, Ohio 45242. 2. The Defendant, Deborah A. Kelley is an individual and resident of 222 Strohm Road, Shippensburg, PA 17257. 3. On or about July 8, 1998, the Defendant applied for and was approved to receive a Providian Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4254490700474479. and owing. The Defendant utilized such Account and incurred a balance due 5. As of January 13, 2003, the Defendant owed $1,348.21 in principal, and $251.40 in interest. The total amount owed is $1,599.61. 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. Defendant: The following amounts are currently due and owing from the Principal and Interest $ Reasonable Attomey's Fees (20%) $ TOTAL: $ 1,599.61 319.92 1,919.53 9. The Account has been assigned by Providian 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, Deborah A. Kelley, in the sum of $1,919.53 plus costs and interest. TUCKER ARENSBERG, P.C. By Jonath~~ey, Esquire Pa. I.D.~50041 Counsel for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attomeys for Plaintiff -3- 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 unswom falsification to authorities. Amy '~read(j;~ Unifund CC[R Partners 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 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 DEBORAH A KELLEY, Account Number 4254490700474479,the amount of $1599.61 (principal balance in the amount of $1348.21 plus interest up through 01/13/2003 in the amount of $251.40). 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 Providian. Unifund CCR Partners purchased this account from Providian. Said account has been assigned, transferred 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. Client# 215 DATED 13 January 2003 / cc. By: Jessica Berqholz PARTNERS Media Supervisor Title 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 13 day of January ,2003 Notary Public My commision expires AUTUMN HOPKINS Notary Public In and for the St'~te of~hio My Commission Expires Jul), 18, 200? SHERIFF'S RETURN - REGULAR CASE NO: 2003-01664 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS KELLEY DEBORAH A BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLEY DEBORAH A the DEFENDANT , at 1702:00 HOURS, on the 16th day of April at 222 STROHM ROAD SHIPPENSBURG, PA 17257 by handing to DEBOP~AH KELLEY a true and attested copy of COMPLAINT & NOTICE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 11 04 00 10 00 00 39 04 Sworn and Subscribed to before me this 6 ~ day of ~l~ ~0~5 A.D. ! l~o~honotary' ~ ' So Answers: R. Thomas Kline 04/17/2003 TUCKER ARENSBERG By: Deputy ~heriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, 10625 Techwoods Circle Cincinnati, Ohio 45242 Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. 03-1664 Civil Term TEN DAY NOTICE DEBORAH A. KELLEY, 222 Strohm Rd. Shippensburg, PA 17257 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 LIT:286490-1 014636-111265 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) ) Plaintiff, ) ) VS, ) ) DEBORAH A. KELLEY, ) ) Defendant. ) CIVIL DIVISION ARBITRATION DIVISION No. 03-1664 Civil Term TO: Deborah A. Kelley 222 Strohm Rd. Shippensburg, PA 17257 DATE OF NOTICE: May 13, 2003 IMPORTANT NOTICF 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 (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 Jonathan/~J. Mc~nney, I~squire Pa. I.D. ~J'0041 Counsel for Plaintiff TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 CERTIFICATE OF SERVICF I hereby certify that a true and correct copy of the within Ten Day Notice was served on the following by first class mail, postage pre-paid on May 13, 2003: Deborah A. Kelley 222 Strohm Rd. Shippensburg, PA 17257 Jonathan Sf/l~(~Anney, Esquire Pa. I.D. #5(~1041 TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. 03-1664 Civil Term PRAEClPE FOR ENTRY OF DEFAULT JUDGMENT DEBORAH A. KELLEY, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ^RENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-.1212 LIT:288537-1 014636-111265 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. DEBORAH A. KELLEY, Defendant. No. 03-1664 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To Prothonotary: Please enter Judgment by Default in the above-captioned case for the Plaintiff and against Defendant, in the amount of $1,919.53 plus costs and interest, for failure to answer or otherwise respond to the Complaint. I hereby certify that the attached written Notice of Intention to take a Default Judgment was mailed to the Defendant ten days prior to the filing of the Praecipe for Entry of Default Judgment. Date: June 4, 2003 Jonathan , Esquire Pa. I.D. #50~41 Counsel for Unifund CCR Partners: TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, 10625 Techwoods Circle Cincinnati, Ohio 45242 Plaintiff, VS. DEBORAH A. KELLEY 222 str0hm Rd. Shippensburg, PA 17257 CIVIL DIVISION ARBITRATION DIVISION No. 03-1664 Civil Term TEN DAY NOTICE 0 Filed on behalf of Unifund CCR Partners, Ptaintiff LIT!286490-1 014636-111265 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. DEBORAH A. KELLEY, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-1664 Civil Term TO: Deborah A. Kelley 222 Strohm Rd. Shippensburg, PA 17257 DATE OF NOTICE: May 13, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN A'FI"ORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 Jonatha y, Esquire Pa. I.D. ¢8'0041 Counsel fo~' Plaintiff TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Ten Day Notice was served on the following by first class mail, postage pre-paid on May 13, 2003: Deborah A. Kelley 222 Strohm Rd. Shippensburg, PA 17257 Jonathan ST/~(~Anney, Esquire Pa. I.D. #50d41 TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222