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HomeMy WebLinkAbout03-4015IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. COMPLAINT IN CIVIL ACTION TERRY A. SIPE, 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:293191-1 014636-109736 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) ) Plaintiff, ) ) vs. ) No. ) ) TERRY A. SlPE, ) ) 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 entedng 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, VS. TERRY A. SIPE, 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 Circle, Cincinnati, Ohio 45242. 2. The Defendant, Terry A. Sipe is an individual and resident of 341 Old Mill Rd, Carlisle, PA 17013. 3. On or about August 24, 1999, the Defendant applied for and was approved to receive a Providian National Bank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 5542852300662119. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of September 16, 2002, the Defendant owed $1,534.25 in principal, and $ 226.91 in interest. The total amount owed is $1,761.16. 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: 8. The following amounts are currently due and owing from the Principal and Interest Reasonable Attorney's Fees (20%) TOTAL: $1,761.16 $ 352.23 $2,113.39 9. The Account has been assigned by Pmvidian National Bank to the Plaintiff including all rights to collect the amount due from the Defendant. -2- WHEREFORE, the Plaintiff, Unifund CGR Partners demands that judgment be entered in its behalf and against the Defendant, Terry A. Sipe, in the sum of $2,113.39 plus costs and interest. TUCKER ARENSBERG, P.C. By ~nney, Esquire Jonatl~ Pa. I.~E ~/~0041 Coun~J,~l for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff -3- VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct to the best of her 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. AFFIDAVIT OFINDEBTEDNESS 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 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 TERRY A SIPE, Account Number 5542852300662119, the amount of $1761.16 (principal balance in the amount of $1534.25 plus interest up through 09/16/2002 in the amount of $226.91 ). 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 National Bank. Unifund CCR Partners purchased this account from Providian National Bank. 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 16 September 2002 By: Jessica Gentrv Media Sul~ervisor Title 11802 Conrev Road Cincinnati. OH 45249 Address Client # 215 Subscribed and sworn to before me this 16 day of September ,2002 Notary Public My commision expires SHERIFF'S RETURN - REGULAR CASE NO: 2003-04015 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SIPE TERRY A GEP~ALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, SIPE TERRY A DEFENDANT , at 2054:00 at 341 OLD MILL RD CARLISLE, PA 17013 TERRY SIPE a true and attested copy of the within COMPLAINT & NOTICE was served upon the HOURS, on the 20th day of August , 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this fl ~ day of ~2~f~ A.D. Prbthonotary So Answers- R. Thomas Kline 08/21/2003 TUCKER ARENSBERG PC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. 03-4(;)15 Civil Term TEN DAY NOTICE TERRY A. SIPE, 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:299419-1 014636-109736 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS, TERRY A. SIPE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-4015 Civil Term TO: Terry A. Sipe 341 Old Mill Rd Carlisle, PA 17013 DATE OF NOTICE: September 29, 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 Jonathan Sf'~C~nney, Esquire Pa. I.D. #5~10~'1 Counsel fdr,,,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 September 29, 2003: Terry A. Sipe 341 Old Mill Rd Carlisle, PA 17013 J~onathar)/~'. ~cc~-nnne~y, Esqu re ~a. I.D. ff05'0041 TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'rY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, TERRY A. SIPE, VS. Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-4015 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT LIT:301872-1 014636-109736 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. TERRY A. SIPE, Defendant. ) ) ) ) ) ) ) ) ) No. 03-4015 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 $2,113.39 plus costs and interest, for failure to answer or otherwise respond to the Complaint. I hereby certify that the attached wdtten Notice of Intention to take a Default Judgment was mailed to the Defendant ten days pdor to the filing of the Praecipe for Entry of Default Judgment. Date: October 17, 2003 By: Jonatha~ Pa. I.D.~ Counsel M~cAnney,'"'-~sq uire 1041 3r Unifund CCR Partners: TUCKER ARENSBERG, P.C. Firm ¢Y287 1500 One PPG Place Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, VS. TERRY A. SIPE, Defendant. No. 03--4015 Civil Term TEN DAY NOTICE Filed on behalf of Unifund OCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ARENSBERG, P.O. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 LIT:299419-1 014636-109736 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. TERRY A. SIPE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-4015 Civil Term TO: Terry A. Sipe 341 Old Mill Rd Carlisle, PA 17013 DATE OF NOTICE: September 29, 2003 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 (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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 Jonatha Esquire Counsel fofr,,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 September 29, 2003: Terry A. Sipe 341 Old Mill Rd Carlisle, PA 17013 Jonath nney Esquire Pa. I.D. ffo~0041 TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA n UNIFUND CCR PARTNERS, Plaintiff vs. TERRY A. SIPE, Defendant. 'STs :� ©,� �", CIVIL -LAW (2 ©- G,,t.' : DOCKET NO. 2003-04015 ' .<. WITHDRAWAL OF APPEARANCE I, Jonathan S. McAnney, Esquire, hereby withdraw my appearance as counsel in the above stated matter. Date: B (A17( c 6/51onathan S. McAnney, Esquire, PA ID# 50041 ENTRY OF APPEARANCE I, Angela L. Mattis, Esquire, hereby enter my appearance on behalf of Unifund CCR Partners, Plaintiff, in the above stated ma r Date: 2 2 14 By: Angela L. Mattis, Esquire PA ID# 309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474