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HomeMy WebLinkAbout08-3921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund CCR Partners, CIVIL DIVISION 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242 ARBITRATION DIVISION Plaintiff, No. vs. COMPLAINT IN CIVIL ACTION MARY E MARTINEZ 215 E MAIN ST APT C CAMP HILL, PA 17011 Defendant. Filed on Behalf of Plaintiff. Unifund CCR Partners Counsel for Unifund CCR Partners Jonathan S. McAnney, Esquire PA I.D. #50041 Danielle L. Hodnicki, Esquire PA I.D. #200767 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 500001111 101011110 ON011II0000011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNIFUND CCR PARTNERS, Plaintiff, vs. MARY E MARTINEZ, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4"" FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 100151111111 101111111101011¦11110NN ENINI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund CCR Partners, Plaintiff, vs. MARY E MARTINEZ, Defendant. No. O 9 - 3 -9-? / &, t.l 774-- 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, with offices located at 10625 Techwoods Circle, Cincinnati, Ohio 45242. 2. The Plaintiff is a New York General Partnership. 3. The Defendant, MARY E MARTINEZ is an individual and a resident of 215 E MAIN ST APT C, CAMP HILL, PA 17011. 4. On or about 09/28/2003, the Defendant applied for and was approved to recieve a FIRST USA BANK NA ("hereinafter Account "). Such Account was issued as Account Number ending in 4920. 5. The Defendant utilized such Account and incurred a balance due and owing. 6. As of 05/23/2008, the Defendant had an outstanding balance of $5,013.63 and $676.20 in interest accrued from the date of charge off. The total amount owed is $5,689.83 on Account (4920). See the Affidavit of Indebtedness attached hereto as Exhibit "A" and incorporated by reference as if fully set forth at length herein. 7. The Account has been assigned to the Plaintiff including all rights to collect the amount due from the Defendant. 8. Despite written and oral demands for payment, the Defendant has failed and refused to pay the amount due and owing. 9. Reasonable attorneys' fees in the amount of 18% of the balance are due and owing. 10. The following amounts are currently due and owing from the Defendant: Balance Due $5,689.83 Reasonable Attorney's Fees (18%) $1,024.17 TOTAL: $6,714.00 WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be entered in its behalf and against the Defendant, MARY E MARTINEZ, in the sum of $6,714.00 plus costs and interest. TUCKER ARENSBERG, P.C. By: JonathAn,#. McAnney, Esquire PA I.D. #50041 Danielle Hodnicki, Esquire PA I.D. #200767 for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff 1110100HIN IN111I110100511 0100MI N AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton) ss. Kim Kenney being sworn, deposes and says that she is authorized representative of Unifund CCR Partners, servicer, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242, and that she is authorized to make the following statements and representations which are within her personal knowledge, and she is competent to testify to the matters stated herein. To the best of her knowledge the Defendant is not now in the Military Service as defined in the Soldier's and Sailor's Civil Refielf Act of 1940 and amendments thereto. There is due and payable from MARY E MARTINEZ, Account Number 4266851046694920, the amount of $5,633.06. This account was issued under the name of FIRST USA BANK NA and acquired from Chase Bank USA NA. Said account has been forwarded to TUCKER ARENSBERG, P.C., as attorney for Plaintiff Unifund CCR Partners, for the purpose of commencement of a legal suit, with full power and authority to do and perform all acts necessary for the collection, adjustment, compromise or satisfaction of said claim as permitted by law. I do solemnly declare and affirm under penalties of perjury that the matters set forth above are true and correct to the best of my knowledge. DATED this 6/6/2008 PARTNERS By: Kim Kenney Authorized Representative Title 10625 Techwoods Circle Cincinnati, OH 45242 Address I hereby certify that on 6/6/2008, before me, the subscriber, a Notary Public for the State/County aforesaid, personally appeared the above-stated affiant, and made oath in ?pMM,ruidue form of law 8H o,X0a1AL_ pMM,,,,,due form of law 2?:• ??//%'.! % NOTARY STATEOF OH®s Comm. Exp Nol ZOotobe9 14, 2009 ,?'• . c e toil" 151T H op O rnnn Client # 1463 Ivry commission expires VERIFICATION I hereby state that I am an agent for the Plaintiff herein. 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 unsworn falsification to authorities. Pam Harbaugh ? O c? tl.) t, r-- iV im V 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS MARTINEZ MARY E STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MARTINEZ MARY E DEFENDANT the at 0019:10 HOURS, on the 28th day of July , 2008 at 215 E MAIN STREET T nrr (I SHIREMANSTOWN, PA 17011 was served upon by handing to MARY MARTINEZ FREEMAN (MARRIED NAME) - DEFENDANT 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: So Answers: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 73??OF a/ 42.00 07/29/2008 TUCKER ARENSBERG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. . f % i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund CCR Partners, CIVIL DIVISION Plaintiff, No. 2008-03921 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Vs. MARY E. MARTINEZ, Defendant. Filed on Behalf of Unifund CCR Partners assignee of Palisades Collection, LLC, Plaintiff Counsel for Unifund CCR Partners assignee of Palisades Collection, LLC /Jonathan S. McAnney, Esquire PA I.D. #50041 \/ Danielle L. Hodnicki, Esquire PA I.D. #200767 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 L IT:447198-1 023873-133272 . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, No. 2008-03921 vs MARY E. MARTINEZ, Defendant. 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 $6,714.00 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: 2__ _CX By: Jonathan S. McA y, Esquire PA I.D. #50041 Danielle L. Hodni k , Esquire PA I.D. #200767 Counsel for UNIFUND CCR PARTNERS ASSIGNEE OF PALISADES COLLECTION, LLC 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 10625 Techwoods Circle Cincinnati, OH 45242, No. 2008-03921 Plaintiff, vs. MARY E. MARTINEZ, Defendant. TEN DAY NOTICE Filed on Behalf of Plaintiff Unifund CCR Partners Counsel of Record for this Party: Jonathan S. McAnney, Esquire Pa. I.D. #50041 Danielle L. Hodnicki, Esquire Pa. I.D. #200767 TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 LIT:445681-1 023873-133272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS CIVIL DIVISION Plaintiff, vs. MARY E. MARTINEZ Defendant. TO: MARY E. MARTINEZ 215 E. Main Street, Apt C Shiremanstown, PA 17011 DATE OF NOTICE: August 21, 2008 No. 2008-03921 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 Courthourse Lawyer Refferal Service 1 Courthouse Square Carlisle PA 17013 Telephone: (717) 240-6195 TUCKER ARENSBERG, P.C. By: Jonath cAnney, Esquire Pa. I. D. 50041 1500 O U G Place Pittsbu A 15222 4- (412) 5 05 Attorne laintiff .. 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 this 215` day of August, 2008: Mary E. Martinez 215 E. Main Street, Apt C Shiremanstown, PA 17011 Jonathan 4. McAnney, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION Case No. 2008-03921 Plaintiff, V. MARY E. MARTINEZ, Defendant. PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE I, Jonathan S. McAnney, Esquire, counsel for the Plaintiff, aver that I have been advised and believe that the above named defendant is not currently in the active military service of the United States of America, and that they are not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and are not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy: nor are they engaged in any active military service or active military duty with any military or naval units covered by the Soldiers' and Sailors' Civil Relief Act of 1940 and designated therein as military service, nor have they enlisted in military service covered by this act. This information is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. This affidavit is made pursuant to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940. Jonathan SUESBERG, nney, Esquire Counsel for nd CCR Partners TUCKER A P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 Sworn to and subscribed this day of September, 2008. NOTARY PUBLIC LIT:445206-1023873-133272 ti Lis rya ? 71 .._... 5:77 .„.S? Ln IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, No. 2008-03921 vs MARY E. MARTINEZ, Defendant. NOTICE OF JUDGMENT To: MARY E. MARTINEZ 215 E. MAIN STREET, APT. C SHIREMANSTOWN PA 17011 You are hereby notified that a judgment was entered against you and in favor of Plaintiff in the above-captioned proceeding on WDS O2 . The default judgment is in the amount of $6,714.00 plus costs of suit.