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Home My WebLink About03-2054IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION U;o; COMPLAINT IN CIVIL ACTION HOWARD C. MCBRIDE, 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:284141-1 014636-110937 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. HOWARD C. MCBRIDE, 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, ) HOWARD C. MCBRIDE, Defendant. No. 03 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, Howard C. McBride is an individual and resident of 118 Tower Circle, Carlisle, PA 17013. 3. On or about April 27, 1998, the Defendant applied for and was approved to receive a Providian Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4479481000737698. and owing. The Defendant utilized such Account and incurred a balance due 5. As of December 23, 2002, the Defendant owed $1,800.89 in principal, and $301.36 in interest. The total amount owed is $2,102.25. 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 attomeys' 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: $ 2,102.25 420.45 2,522.70 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, Howard C. McBride, in the sum of $2,522.70 plus costs and interest. TUCKER ARENSBERG, P.C. By J~uire Pa1 I.~. #5O04col~seI for U~ifund 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 Treadon Unifund CCR P~.rtners ' ' AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County Of Hamilton ) ss. Jessica Gentry, 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 HOWARD C MCBRIDE, Account Number' 4479481000737698,the amount of $2102.25 (principal balance in the amount of $1800.89 plus interest up through 12/23/2002 in the amount of $301.36). 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. DATED 23 December 2002 ~/~'"'~ ~~IFUND CCR PARTNERS By: Jessica Gentry Media Supervisor Title 10625 Techwoods Circle Cincinnati, OH 45242 Address Client# 215 Subscribed and sworn to before me; this JENNIFER A VAUGHT Notary Public In and for the State of Ohio My Commission Expires July 5, 2007' 23 day of December ,2002 My commision expires SHERIFF'S RETURN - REGULAR CASE NO: 2003-02054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS MCBRIDE HOWARD C ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCBRIDE HOWARD C the DEFENDANT , at 0954:00 HOURS, on the 6th day of May , 2003 at 118 TOWER CIRCLE CARLISLE, PA 17013 by handing to ERIN WILLIAMS, GIRLFRIEND 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 18 00 3 45 00 10 00 00 31 45 Sworn and Subscribed to before me this ~ ~ day of ""~ ~ ,:2 ~R,~ 3 .A.D. /P~othonot ary So Answers R. Thomas Kline o5/o7/2oo3 TUCKER ARENSBERG BY: ~~4 ~.-~-~~ [Deputy S~eriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. HOWARD C. MCBRIDE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-2054 Civil Term TEN DAY NOTICE 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:288521-1 014636-110937 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. HOWARD C. MCBRIDE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-2054 Civil Term TO: Howard C. McBride 118 Tower Cimle Carlisle, PA 17013 DATE OF NOTICE: June 4, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'I-rEN 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 Jona ey, Esquire Pa. I.D(. #50041 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 June 4, 2003: Howard C. McBride 118 Tower Circle Carlisle, PA 17013 Jonathan ~, Pa. I.D. ~5( TUCKER ,~ 1500 O~1 Pittsburgh7, ~y, E"---squire ¢1 ENSBERG, P.C. 'G Place ~A 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. 03-2054 Civil Term PRAEClPE FOR ENTRY OF DEFAULT JUDGMENT HOWARD C. MCBRIDE, 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:290957-1 014636-110937 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. HOWARD C. MCBRIDE, Defendant. No. 03-2054 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 $2,522.7~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: July 1,2003 Pa. I.D. #50041 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, Plaintiff, - VS. HOWARD C. MCBRIDE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-2054 Civil Term TEN DAY NOTICE Z 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:288521-1 014636-110937 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS, HQWARD C. MCBRIDE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-2054 Civil Term TO: Howard C. McBride 118 Tower Circle Carlisle, PA 17013 DATE OF NOTICE: June 4, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'FI-EN 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 WITHOUTA 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 Jonat ey, Esquire Pa. I.D.~ ~50041 Counsel for 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 June 4, 2003: Howard C. McBride 118 Tower Circle Carlisle, PA 17013 Jonathan/S Pa. I.D. ~¢5~ TUCKEI~ / 1500 Or~e Pittsburgh;, ~~y, Esquire ~INsBERG, P.C. ~G Place ~A 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS, HOWARD C. MCBRIDE, Defendant. No. 03-2054 Civil Term NOTICE OF JUDGMENT To: Howard C. McBride 118 Tower Circle Carlisle, PA 17013 You are hereby notified that a judgment was entered against you and in favor of Plaintiff in the above-captioned proceeding on ~,~ /o , ,2 (~-o~ . The default judgment is in the amount of $2,522.70 plus costs of suit. Depu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, HOWARD C. MCBRIDE, Defendant Docket No. 03-2054 Civil Action SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: On August 8, 2003, the Defendant filed a petition tbr relief under Sectionl301, of Title 11 of the United States Code in the United States Bmffd'uptcy Court, Middl~ District of Pennsylvania. The Defendant's petition was assigned case number 03-04660. ! Section 362 of Title 11 provides, in pertinent part, certain protections from creditors including the commencement or continuation of any process of a judici01, administrative or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case reader this Title, or to re6over a claim against the debtor that arose before the commencement of the case under the Bankruptcy Court. WHEREFORE, the Defendants respectfully request that these civil proceedings against them be stayed without further hearing or order of this Court. Respectfully Submitted, I'GDo'DN?'R~77y02 Y, P.C. 2215 Forest Hills Drive Suite 36 Harrisburg, Pennsylvania 17110 Telephone: (717)-540-3900 Attorney for Defendants CERTIFICATE OF SERVICE, of Godfrey & Courtney, P.C., attorneys for Defendants, hereby certify that I served the foregoing document his day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Michael E. Gilblin, Esquire Tucker Arensberg 1500 One PPG Place Pittsburgh, PA 15222 alph (