HomeMy WebLinkAbout04-1205IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
CIVIL DIVISION
ARBITRATION DIVISION
No.
VS.
COMPLAINT IN CIVIL ACTION
DENNIS D. NESS,
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:316039-1 014636-110953
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
VS.
DENNIS D. NESS,
Defendant.
No. Oq- 12Z
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 AQUI ABA JO. ESTA OFICINA
PUEDE PROVEER~ CON INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFIClNA PUEDE PROVEERI5
INFORMACION ACERA AGENClAS. 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.
)
)
DENNIS D. NESS, )
)
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, Dennis D. Ness is an individual and resident of
7 Sherwood Drive, Enola, PA 17025.
3. On or about November 29, 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 4031142700557650.
and owing.
The Defendant utilized such Account and incurred a balance due
5. As of December 23, 2002, the Defendant owed $ 974.77 in principal,
and $110.16 in interest. The total amount owed is $1,084.93. 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:
The following amounts are currently due and owing from the
Principal and Interest
Reasonable Attomey's Fees (20%)
TOTAL:
$1,084.93
$ 216.99
$1,301.92
9. The Account has been assigned by Providian National Bank to the
Plaintiff including all dghts to collect the amount due from the Defendant.
WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment
be entered in its behalf and against the Defendant, Dennis D. Ness, in the sum of
$1,301.92 plus costs and interest.
TUCKER ARENSBERG, P.C.
By
Jonatha~nney, Es;uire
Pc~:l'nD~)or0~iifund CCR Partners:
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
VERIFICATION
The undersigned vedfies 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.
Unifund CCR Partners
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 DENNIS D NESS, Account Number 4031142700557650,the amount of $1084.94
(principal balance in the amount of $974.77 plus interest up through 12/23/2002 in the amount of $110.17). 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, 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
UNIFUND CCR PARTNERS
By: Jessica Gentry Media Supervisor
Title
10625 Techwoods Circle Cincinnati, OH 45242
Address
Client# 215
Subscribed and sworn to before me this 23 day of December ,2002
Notary Public
My commision expires
AMY E. TREADON
~ Notary Publie, State of Ohio
My Comml~lon Expires June
SHERIFF' S RETURN
CASE NO: 2004-01205 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
NESS DENNIS D
- REGULAR
VALARIE WEARY ,
Cumberland County, Pennsylvania,
says, the within NOTICE
NESS DENNIS D
DEFENDANT , at 0020:23 HOURS,
at 7 SHERWOOD DRIVE
ENOLA, PA 17025
DENNIS D. NESS
a true and attested copy of NOTICE
COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 25th day of March , 2004
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 O0
11 02
O0
10 00
O0
39 02
Sworn and Subscribed to before
me this ~ day of
~'~ ~ ~ (~ ,.~ A.D.
~ ~Pro~honotary ' ' '
So Answers:
R. Thomas Kline
03/26/2004
TUCKER ARENSBERG
By: ~e.put~y e~riff
IN THE COURT OF COMMON PLEAS OF CUMBERLANr1~ COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
VS.
CIVIL DIVISION
ARBITRATION DIVISION
No. 04-1205 Civil Term
PRAECIPE TO SETTLE
AND DISCONTINUE
DENNIS D. NESS,
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:322374-1 014636-110953
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, )
)
Plaintiff, )
)
vs. ) No.
)
)
DENNIS D. NESS, )
)
Defendant. )
)
04-1205 Civil Term
To:
PRAECIPE TO SETTLE AND DISCONTINUE
Prothonotary
Kindly settle and discontinue this matter.
TUCKER ARENSBERG, P.C.
By
Esquire
JoVan ,5. McAnney,
P~. #50041
Counsel for 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 Settle
and Discontinue was served on the following by first class mail, postage pre-paid on
this 27th day of April, 2004.
Dennis D. Ness
7 Sherwood Drive
Enola, PA 17025
Jonath~,'3. McAnney