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HomeMy WebLinkAbout04-3858IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. bq- '?) ? vs. COMPLAINT IN CIVIL ACTION DEBRA L. HAKES, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unfund 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:330789-1 014636.110872 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) vs. ) No. DEBRA L. HAKES, ) 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 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 0 LLAME POR TELEFONE? LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERt CON INFORMAC16N DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER? INFORMACION ACERA AGENCIAS. 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, vs. Plaintiff, DEBRA L. HAKES, Defendant. 0 41_ 3?sr 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, Debra L. Hakes is an individual and a resident of 850 Melissa Ct., Enola, PA 17025. 3. On or about November 1, 1990, the Defendant applied for and was approved to receive a Citibank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 5424180422604220. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of December 23, 2002, the Defendant owed $2,804.39 in principal, and $824.78 in interest. The total amount owed is $3,629.17. 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. 8. The following amounts are currently due and owing from the Defendant: Principal and Interest $ 3,629.17 Reasonable Attorney's Fees (20%) $ 725.83 TOTAL: $ 4,355.00 9. The Account has been assigned by Citibank 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, Debra L. Hakes, in the sum of $4,355.00 plus costs and interest. TUCKER ARENSBERG, P.C. By Jonath S. cAnnEsquire Pa. 1. . 50041 Counsel 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 unsworn falsification to authorities. Christina M. ryan 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 DEBRA L HAKES, Account Number 5424180422604220,the amount of $3629.17 (principal balance in the amount of $2804.39 plus interest up through 12/23/2002 in the amount of $824.78). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 19.74 percent per annum. This account was originated with Citibank. Unifund CCR Partners purchased this account from Citibank. 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 Subscribed and sworn to before me this 23 day of December 12002 Notary Public Client # 215 My commision expires AMY E. TREADON Notary PUW Stet® of Ohio MY CorotnWW Expires JYna 5, 2007 c - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS HAKES DEBRA L R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HAKES DEBRA L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 13th , 2004 , this office was in receipt of the attached return from LANCASTER ?Y7 Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 ? R? Dep Lancaster Co 54.50 ?' Sh Mileage 11.84 103.34 J 09/13/2004 I 1/ TUCKER ARENSBERG Sworn and subscribed to before me this d/a r day of 1, ?(}{j A.D. ?? . Protonotary ' d' Kline ` of Cumberland County SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE I PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COP.JES '9 1. PLAINTIFF/S/ 2 COURT NUMBER Unifund CCR Partners 04-3858 civil r4 +C, 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: Debra L. Hakes Notice & Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION. ETC., TO BE SERVED 0 Debra L. Hakes CUMBERLAND CO. 6. ADDRESS (Street or RFD, Apartment No., City, 8oro, Twp., Slate and 21P Code) AT 625 Chatham Way Lititz, PA 17543 7. INDICATE UNUSUAL SERVICE: '& DEPUTIZE O OTHER Cumberland Now, 8/24 20 04 I, SHERIFF OF COUNTY, PA., do here tize the Sh r Lancaster County to execute this Writ SHERIFF OF ur r of PW P to law. This deputation being made at the request and risk of the plaintiff. ' :OUNT1` S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. SIGNATURE of ATTORNEY or other ORIGINATOR 9.. 10. TELEPHONE NUMBER 11. DATE )t g 12 SEND NOTIGrE Of SERVICEXCrOPV Yb'NAME AND ADDRESS B W Th 1 o oN d' n ce l ' $/5! 04 H . ELO : ( is area must Is c m ets ii oti to be mailed) a TUCKER ARENSBERG, P.C. n FIRM #287 d 1500 ONE PPG PLACE, PITTSBURGH PA, 15222 y SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ t A rl+gNNdE Ot9uthoyyplLCSD?eouU??i CIerILM WAL'1'UN /1/ L`! :Sb(!` i J 14. Data Received I 15. Expiration/Hearing data . or complaint as indicated above.( 8J29/04 9/704 Cxy U1 16. 1 hereby CERTIFY and RETURN that have personally served. (D have legal evidence of service as shown in "Remarks". ? have executed as shown in A "Remarks", the writ or complaint des ad on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address Inserted below by handing a TRUE and ATTESTED COPY thereof, 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 1 19. cHosarvios See Remarks Belay (No. 30) 20. Address of where served coin pfete only if different than shown a bove) IS treet or RFD, Apart ment No., CIly, Soro, Twp. 21. Date of Service 22. Time State and Zip Code) cy//O?fOq (??t 'aur- S,So EDST 23. ATTEMPTS 1 Date f3 Mile. Dep. Int. /(o 4N I Djte 4l I Miles /fo ( Dep. Int. Date /4 I Miles 1 Dep. Int. C,3F Dote I Miles f I I Dep. Int. Date Miles Dep. Int. 24. Advance Costs 25. Service Costs 26. Notary Cert. I 27. Mileage/Postage/N.F. 28, T tat Costs 1 COST DUE OR REFUND 29 i ,57 150.00 '48 5(1 I a I o, R M R S.T.A.: C1 31. AFFIRMED and subscribed to before me this 91) h) ?Hn ?Sf dp H(j--/'C,O ANSWER. ?n utkr 32. Si nature of ?7r 20 Dso. Sgheritl ND U181On 7 1QL7 34. day of R rj 35. Signature of Sheriff (! 36. 'Mp 37 aeOrL 'T T?_? Pwthonalary/n..q PrLR PC. o.Tpn Co rMV COMMISSION EXPIRES 1W -4 ?•VVVi,`O``?`'`1\ 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office UNIFUND CCR PARTNERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEBRA L. HAKES, NO.04-3858 CIVIL Defendant : NOTICE TO PLEAD TO: Unifund CCR Partners c% Jonathan S. McAnney, Esquire Tucker Arensberg, P.C. Attorneys for Plaintiff 1500 One PPG Place Pittsburgh, PA 15222 You are hereby notified to plead to the New Matter raised herein within twenty (20) days of service of the attached pleading upon you, or judgment may be entered against you. 6MVJL" /? ? 20 Mate Attorney fo fendant 407 North on St., First Floor Harrisburg, P -K'17101 (717) 238-3686 Supreme Court I.D. # 53729 UNIFUND CCR PARTNERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEBRA L. HAKES, NO.04-3858 CIVIL Defendant : DEFENDANT'S ANSWER AND NEW MATTER 1. Admitted in part and denied in part. It is admitted that Unifund CCR Partners identifies itself as the Plaintiff; as to its form of entity and address, Defendant, after reasonable investigation, lacks information to determine the truthfulness of same. If material, strict proof thereof is demanded. 2. Admitted in part and denied in part. Plaintiff has correctly identified the Defendant it seeks to be held liable, but the residence address is incorrect. Defendant resides at 625 Chatham Way, Lititz, Lancaster County, Pennsylvania 171543. 3. Admitted in part and denied in part. It is admitted that Defendant at one time held the credit card described herein. As to her precise application date, Defendant does not recall. 4. Denied as stated. While it is admitted that Defendant used the account from time to time, it is specifically denied that there is a balance due and owing. Alternatively, even if a balance is due and owing, Plaintiffs claim may be barred by the Statute of Limitation, as will be set forth in New Matter. 5. Denied in all respects. There is no balance due, as will be revealed in New Matter. Even if there is a purported balance due, it is possible, in !fact probable, that the claim is barred by the applicable Statute of Limitation. 6. Denied as stated. While demands may or may not have been made, Defendant has no liability. Accordingly, any statement or implication to the! effect that she has any amount due or owing is expressly denied. 7. Denied. This averment is a conclusion of law to which no response is required. 8. Denied. Defendant does not owe Plaintiff any money for any reason. 9. Denied. After reasonable investigation, Defendant lacks information necessary to determine the truthfulness of this averment. If material, strict proof thereof is demanded. WHEREFORE, Defendant requests this Honorable Court to enter judgment in her favor and against the Plaintiff, to tax the costs of this action against the Plaintiff including a reasonable attorney's fee, and to provide any other relielf the Court deems appropriate. NEW MATTER 10. The responses set forth in paragraphs one through nine are incorporated herein by reference. 11. Plaintiffs claim is barred by the applicable Statute of Limitation. 12. Any debt purportedly due to Citibank, the original creditor on this claim was paid to, and accepted in full satisfaction by, Citibank, MC, in 2001, as will be stated in more detail below. 13. On or about September 24, 2001, Defendant obtained a home equity loan, part of the purpose of which was to pay off Citibank, the original creditor on the claim that is the subject of this action. 14. Citibank was in fact paid as part of that transaction; a copy of the settlement sheet, 2 reflecting payment to Citibank, is attached hereto, marked Exhibit "A" and incorporated herein by reference. 15. Even if the amount paid to Citibank (which appears to be $2,804.00) was not the full balance then due as of September 24, 2001 (a proposition which Defendant denies), Citibank, the original creditor, has waived or is estopped from asserting any further claim in that Citibank accepted that payment as full satisfaction. 16. Plaintiff in the captioned action, as Citibank's purported assignee, has no greater rights than Citibank ever had and is therefore subject to the defenses raised herein, and additional defenses as may become apparent through further investigation. WHEREFORE, Defendant requests this Honorable! Court to enter judgment in her favor and against the Plaintiff, to tax the costs of this action against the Plaintiff including a reasonable attorney's fee, and to provide any other relief the Court deems appropriate. ot*v 4 ate Anthony T. Beth, Esq. Attorney fo PI 'ntiff 407 North ont t., First Floor Harrisburg, 101 (717)238.3686 Supreme Court I.D. # 53729 iii rzun9 115:12 FAX 7173021852 Settlement Statement Name & Address of Borrower DEBRA L RAKES 850 MELISSA CT ENOLA PA 17025 Property Locetlon, III different From above) 850 MELISSA CT ENOLA PA 17025 804. Credit report to TRANS UNIO 805. InsoacNo f t 608. Mortgage Broker 809. Points Paid to M rrocaed. to to to to to 1101, Settlement or closing fee to 1102. Abstract or title search to 1 to 28.zO5 Wool to ees [oto X S . HICHMARK EDI SERVICES U.S. Department of Housing and Urban Davebpment aur'1NANCIAL, INC. Q003 OMB AwrOvrl No. 25 01 HARTZDALE DRIVE SUITE 126 MP RILL PA 17011 gent: 1CIAL INC_ amenY )1 RARTZDALE DRIVE SUITS 126 7P HTT.T. nn -, I 29.70 7601 1602_ 1.48 1603. 6. 6. . . fl 4. ., . . to Orb K MC 8 1623. 1624 . -- 7 526 . 1628 .TOTAL DISBURSED(anter on line 1603) N. Net SatBemenl 3 , 573. C 1800. Lioen Amount S -_ 7r 951.9: 1601. Plos Cash/Check from Bo rrower q 1602. Minue Total Settlement Charges One 1400) $ 351.6E 1603. Minus Total Disbursements to Oth ers _ (line 1626) $ 3, S73. Ot 78D4. Equals Dlsburaements to Borrower (after expiration of any applicable re scieslon period required by law) S 3, 927.2° rev_ 0r193na1(Branch) Copy(Cust:omar) EXHIBIT "A" VERIFICATION I, Anthony T. McBeth, am attorney for the Defendant in the captioned action. I am verifying the attached document for the Defendant in that she is outside the jurisdiction of this Court and her verification cannot be obtained by the time this complaint needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unswom falsification to authorities). Da Fe UNIFUND CCR PARTNERS, Plaintiff V. DEBRA L. HAKES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.04-3858 CIVIL CERTIFICATE OF SERVICE: 1, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Jonathan S. McAnney, Esquire Tucker Arensberg, P.C. Attorneys for Plaintiff 1500 One PPG Place Pittsburgh, PA 15222 Nate Esq. Attorney for efend t 407 North Fr t.. irst Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 -r7 I Tl Gil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 04-3858 Civil vs. REPLY TO NEW MATTER DEBRA L. HAKES, 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 L IT:339203-1 014636-110872 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. DEBRA L. HAKES, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-3858 Civil REPLY TO NEW MATTER AND NOW COMES the Plaintiff, Unifund CCR Partners, by and through its attorneys, Tucker Arensberg, P.C., and files the following Reply to New Matter: 11. The allegation contained in Paragraph 11 constitute a legal conclusion to which no response is required. To the extent that a response is required, said allegation is denied and proof thereof is demanded. 12. The allegations contained in Paragraph 12 are denied. To the contrary, the Defendant has not made all payments required on this account. 13. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 13. Therefore, said allegations are denied and proof thereof is demanded. 14-16. The allegations contained in Paragraphs 14 through 16 constitute legal conclusions to which no responses are required. To the extent that any responses are required, said allegations are denied and proof thereof is demanded. WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be entered in its behalf and against the Defendant, Debra L. Hakes, in the sum of $4,355.00 plus costs and interest. TUCKER ARENSBERG, P.C. n&.?, Jonath r S. McAnneyEsquire Pa. I. 150041 Counsel for Plaintiff TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 2 VERIFICATION The undersigned verifies that the statements made in the foregoing Reply to New Matter 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. Dated: 10//? ?044 Chris M. Biyan Un fund CC:R Partners CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Reply to New Matter was served on the following by first class mail, postage pre-paid on this & day of October, 2004: Anthony T. McBeth, Esquire 407 North Front Street First Floor Harrisburg, PA 17101 Jonath McAnney, Esquire ? ? r e ,. G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. DEBRA L. HAKES, Defendant. No. 043858 Civil PETITIpN FOR APPOI_fNITiNT 9F ARalTRATQRS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jonathan S. McAnney, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $4,355.00. The counterclaim of the defendant in the action is costs and attorneys' fees. The following attorneys are interested in the case) as counsel or are otherwise disqualified to sit as arbitrators: Anthony T. McBeth WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully AND NOW, Esq., and captioned action (or actions) as prayed for. #50 1 Counsel for taint TUCKER A EN ERG, P.C. 1500 One PP lace Pittsburgh, PA 15222 ORDER OF COURT Esq., and 2005, in consideration of the foregoing petition, Esq., are appointed arbitrators in the above By the Court, ? n -? 0 D CI& V ?J C. r.? c'.S c L rn xm C) i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. DEBRA L. HAKES, Defendant. No. 043858 Civil PETITION FOR APPOINTMENT OF ARBITRATOR$ TO THE HONORABLE, THE JUDGES OF SAID COURT: Jonathan S. McAnney, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $4,355.00. The counterclaim of the defendant in the action is costs and attorneys' fees. The following attorneys are interested in the case) as counsel or are otherwise disqualified to sit as arbitrators: Anthony T. McBeth WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Jonathan S. eyEsquire Pa. Lf?. #50 .1 Counsel for faint TUCKER A EN ERG, P.C. 1500 One PP lace Pittsburgh, PA 15222 ORDER OF COURT AND NOW, , 2005, in consideration pf the foregoing petition, ? Esq., and j A, en 101?1 A Esq., and C aiJllk/ Esq., , a ar ' ators in the above captioned action (or actions) as prayed for. By the Court, xj, > LY: co if) F- JQ F' _?.v'Y} 7f1 fJ Cl- r? ° 7T r t:7 ? f ? J Ltj N wx i Ul .? ? -? ei p ) S 1 / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 04-3858 Civil vs. NOTICE OF APPEAL FROM BOARD OF ARBITRATORS DEBRA L. HAKES, 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:357740-1 014636-110872 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. DEBRA L. HAKES, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-3858 Civil NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO: PROTHONOTARY NOTICE is given that the Plaintiff, Unifund CCR Partners, appeals from the Award of the Board of Arbitrators entered in this case on April 5, 2005. I hereby certify that the compensation of the Arbitrators has been paid. RG, P.C. Jonath McAnn squire 1500 e PG Place Pittsbu gh, PA 15222 (412) 5 -1212 Counsel for Plaintiff Unifund CCR Partners CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS has been served upon all counsel by first class mail, postage prepaid, this 18th day of April, 2005: Anthony T. McBeth, Esquire 407 North Front Street First Floor Harrisburg, PA 17101 Jonathan , McAnney, Esquire ? (?J ? R? ? ? C ?? ?: c. ;U _, ;? ? ? Y? ?7 w ? ? , ?? ? , ? "?' ' 4? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ? for trial without a jury. --------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) U11TFUM GCR PARTNERS vs. DEBRA L. HAKES vs. (Plaintiff) (Defendant) (check one) ? Civil Action - Law Appeal from arbitration (other) The trial list will be called on March 4, 2008 and n a Trials commence on March. 31, 2008 Pretrials will be held on March 12, 2008 (Briefs are due S days before pretrals No. 04-3858 , Term Indicate the attorney who will try case for the party who files this praecipe: JONATHAN S. mCAN"'EY Indicate trial counsel for other parties if known: - ANTHONY T_ MCBETu This case is ready for trial. Signed: Print Name: Date: January 14, 2008 Attorney foi Jon4than S. McAnney, Esq. FUnJund CCR Partners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 04-3858 Civil PRAECIPE FOR TRIAL vs. DEBRA L. HAKES, 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:431499-1 014636-110827 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, No. 04-3858 Civil vs. DEBRA L. HAKES, Defendant. PRAECIPE FOR TRIAL To Prothonotary: Kindly place the above-captioned case on the next available trial list. TUCKER ARENSBERG, P.C. NSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 'r I . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Trial was sent this 14th day of January, 2008, via first class U.S. Mail, postage prepaid, to the following: Anthony T. McBeth, Esquire 407 North Front Street Cameron Mansion Harrisburg, PA 17101 y? ? ? ?_? cars tl ? rrt 7 LP - 46 FYI --C Ci 3 UNIFUND CCR PARTNERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEBRA L. HAKES, Defendant 04-3858 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2008, upon consideration of the call of the Civil Trial List and no person having called the above-captioned case for trial, it is stricken from the trial list. By the Court, - Jonathan S. McAnney, Esquire Anthony T. McBeth, Esquire Court Admin. pcb 0o PI ,e-S mac LLL 3/10/08 C.? .. 4ie 0 r, Jr i ON F? P-P CL. TZ C7 °