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Home My WebLink About04-1280IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION ,o. COMPLAINT IN CIVIL ACTION JENNY J. CRESTA, 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:314606-1 014636-105547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. JENNY J. CRESTA, 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 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 er 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 OFiCINA FIJADA AQUI ABA JO. ESTA OFICINA PUEDE PROVEER~: CON INFORMAClON DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER~ INFORMACION ACERA AGENClAS. QUE PUEDAN OFRECER SERVICIOS 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, JENNY J. CRESTA, Defendant. No. - lPJ 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, Jenny J. Cresta is an individual and resident of 44 Seavers Rd., Newville, PA 17241. 3. On or about Mamh 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 4479451923813033. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of March 11,2002, the Defendant owed $1,706.25 in principal, and $160.22 in interest. The total amount owed is $1,866.47. 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: $1,866.47 $ 373.29 $2,239.76 9. The Account has been assigned by Providian National Bank to the Plaintiff including all rights to collect the amount due from the Defendant. WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be entered in its behalf and against the Defendant, Jenny J. Cmsta, in the sum of $2,239.76 plus costs and interest. TUCKER ARENSBERG, P.C. By Jona~ey, Esquire Pa. I..[~50041 Counsel for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff 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 unsworn falsification to authorities. Jessic~ Unifund CCR Partners 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 JENNY J CRESTA, Account Number 4479451923813033, the amount of $1866.47 (principal balance in the amount of $1706.25 plus interest up through 03/11/2002 in the amount of $160.22). 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 11 March 2002 UN' U' U' U' U' U' U' U' UN~~NDCCR PARTNERS By: Jessica Beraholz Media Supervisor Title 11802 Conrev Road Cincinnati, OH 45249 Address Client# 215 Subscribed and sworn to before me this 11 day of Mamh ,2002 Notary Public My commision expires CHRISTINA M. ALLEN SHERIFF' S RETURN CASE NO: 2004-01280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS CRESTA JENNY J - REGULAR RONALD HOOVER , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE CRESTA JENNY J DEFENDANT at 44 SEAVERS ROAD NEWVILLE, PA 17241 JENNY J CRESTA a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon at 0900:00 HOURS, on the 31st day of March by handing to the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 36.28 Sworn and Subscribed to before me this ~ day of j~ ~Y A.D. Prothonotar~t So Answers: R. Thomas Kline 04/01/2004 TUCKER ARENSBERG Deputy ~heriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION No. 04-1280 Civil Term TEN DAY NOTICE JENNY J. CRESTA, 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:322161-1 014636-105547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. JENNY J. CRESTA, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-1280 Civil Term TO: Jenny J. Cresta 44 Seavers Rd. Newville, PA 17241 DATE OF NOTICE: April 26, 2004 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 ~t!~i~t:~f~ey, Esquire 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 April 26, 2004: Jenny J. Cresta 44 Seavers Rd. Newville, PA 17241 Jonatha y, E~"~u i re Pa. I.D. #.5p041 TUCKER-ARENSBERG, 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. 04-1280 Civil Term PRAEClPE FOR ENTRY OF DEFAULT JUDGMENT JENNY J. CRESTA, 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:324236-1 014636-105547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. JENNY J. CRESTA, Defendant. No. 04-1280 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 $2,239.76 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: May 13, 2004 Jona squire Pa. I.D/'¢50041 Couns~for 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, Plaintiff, VS. JENNY J. CRESTA, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-1280 Civil Term TEN DAY NOTICE Filed on behalf of Unifund CCF~' 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:322161-1 014636-105547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. JENNY J. CRESTA, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-1280 Civil Term TO: Jenny J. Cresta 44 Seavers Rd. Newville, PA 17241 DATE OF NOTICE: April 26, 2004 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 QR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 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 April 26, 2004: Jenny J. Cresta 44 Seavers Rd. Newville, PA 17241 Jonatha y, Esquire Pa. I.D, #5J~041 TUCKER-ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222