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Home My WebLink About03-6324IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, FRANCIS G. METZ, VS. Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 03-6324 Civil Term PRAEClPE FOR ENTRY OF DEFAULT JUDGMENT LIT:312687-1 014636-105752 Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partnem: 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, ) ) ) FRANCIS G. METZ, ) ) Defendant. ) No. 03-6324 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 $1,403.76 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: February 2, 2004 Jonatha nney, Esquire Pa. I.D. ~0041 Counsel~'or Unifund CCR Partners: 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, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, VS. FRANCIS G. METZ, Defendant. No. 03-6324 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:310917-1 014636.-105752 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. FRANCIS G. METZ, Defendant. CIVIL DIVISION ARBITRATION DIVISION No 03-6324 Civil Term TO: Francis G. Metz 210 Holiday Avenue Mechanicsburg, PA 17050 DATE OF NOTICE: January 20, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'FTEN APPEARANCE PERSONALLY OR BY AN A'I'-FORNEY 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 Jori ey, Esquire Pa. ].[~ #/~0041 CounsL'¢for Plaintiff TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA I5222 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 January 20, 2004: Francis G. Metz 210 Holiday Avenue Mechanicsburg, PA 17050 Jonatha%~ire Pa. I.D. #{50041 TUCKER~,ARENSBERG, 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 COMPLAINT IN CIVIL ACTION FRANCIS G. METZ, 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:305656-1 014636-105752 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. FRANCIS G. METZ, 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 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, 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 USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONE¢: LA OFIClNA FIJADA AQU[ ABA JO. ESTA OFICINA PUEDE PROVEER~ CON INFORMACl0N DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERI5 INFORMACION ACERA AGENCIAS. QUE PUEDAN OFRECER SERVIClOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. 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. ) ) FPJ~NCIS G. METZ, ) ) 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, Francis G. Metz is an individual and resident of 210 Holiday Avenue, Mechanicsburg, PA 17050. 3. On or about September 22, 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 4031130400752200. and owing. The Defendant utilized such Account and incurred a balance due 5. As of March 26, 2002, the Defendant owed $1,065.49 in principal, and $104.31 in interest. The total amount owed is $1,169.80. See the Affidavit of Indebtedness attached hereto as Exhibit "A" and incorporated by reference as if fully set forth at length herein. 6. Despite wdtten 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 Attomey's Fees (20%) TOTAL: $1,169.80 $ 233.96 $1,403.76 9. The Account has been assigned by Providian National Bank 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, Francis G. Metz, in the sum of $1,403.76 plus costs and interest. TUCKERARENSBERG, P.C. By Jonat~quire Pa. I.D.~041 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 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 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 FRANCIS G METZ, Account Number 4031130400752200, the amount of $1169.80 (principal balance in the amount of $1065.49 plus interest up through 03/26/2002 in the amount of $104.31 ). 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 26 March 2002 ~U~ CCR PARTNERS By: Jessica Ber(~holz Media Supervisor Title 11802 Conrev Road Cincinnati, OH 45249 Address Client# 215 Subscribed and sworn to before me this 26 day of March ,2002 Notary Public My commision expires SHERIFF'S RETURN CASE NO: 2003-06324 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS METZ FRANCIS G - REGULAR DAVID MCKINNEY Cumberland County,Pennsylvania, who being duly says, the within COMPLAINT & NOTICE was METZ FRANCIS G DEFENDANT at 1650:00 HOURS, at 210 HOLIDAY AVENUE MECHAiqICSBURG, PA 17050 FP~ANCIS G METZ a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of sworn according to law, served upon the on the 18th day of December , together with 2003 by handing to and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~ day of ~ ~Z~ 3~ A.D. JPfothonotary ' ~ ' So Answers: R. Thomas Kline 12/18/2003 TUCKER ARENSBURG Deputy Sheriff~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I'Y, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. 03-6324 Civil Term TEN DAY NOTICE FRANCIS G. METZ, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel fer 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:310917-1 014636-105752 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. FRANCIS G. METZ, Defendant. CIVIL. DIVISION ARBITRATION DIVISION No. 03-6324 Civil Term TO: Francis G. Metz. 210 Holiday Avenue Mechanicsburg, PA 17050 DATE OF NOTICE: January 20, 2004 IMPORT..~ANT 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 onath~njS. McAnney, Esquire Pa. I.q. ~/60041 Cou nsl,,Yfor 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 January 20, 2004: Francis G, Metz 210 Holiday Avenue Mechanicsburg, PA 17050 Jonathan/~. Mc~nney, Esquire Pa. I.D. ~5~p041 TUCKEI~,RENSBERG, 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. 03-6324 Civil Term PRAECIPE TO SATISFY JUDGMENT FRANCIS G. METZ, 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:321042-1 014636-105752 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) ) Plaintiff, ) ) vs. ) No. ) ) FRANCIS G. METZ, ) ) Defendant. ) ) 03-6324 Civil Term To: PRAECIPE TO SATISFY JUDGMENT Prothonotary Kindly satisfy the judgment as to Defendant, Francis G. Metz. TUCKERARENSBERG, P.C. By Jonath~~squire Pa. I.D.1~50041 Counsel 1hr 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 Satisfy Judgment was served on the following by first class mail, postage pre-paid on this day of April, 2004. Francis G. Metz 210 Holiday Avenue Mechanicsburg, PA 17050 Jonatha!~