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Home My WebLink About04-4067IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION vs. COMPLAINT IN CIVIL ACTION KAYE D. PROBST, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. No. KAYE D. PROBST, 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 O LLAME POR TELEFONE~: LA OFIClNA FIJADA AQU~ ABA JO. ESTA OFIClNA PUEDE PROVEERE~ CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE~ 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, ) ) Plaintiff, ) vs. ) NO. Oq- /"/DC"/ , ) ) KAYE D. PROBST, ) ) 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 Cimle, Cincinnati, Ohio 45242. 2. The Defendant, Kaye D. Probst is an individual and a resident of 6012 Hummingbird Ddve, Mechanicsburg, PA 17050. 3. On or about February 10, 1998, the Defendant applied for and was approved to receive a Pmvidian National Bank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4479482600553378. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of September 5, 2003, the Defendant owed $3,905.28 in principal, and $555.14 in interest. The total amount owed is $4,460.42. 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. 8. The following amounts are currently due and owing from the Defendant: Principal and Interest $4,480.42 Reasonable Attorney's Fees (20%) $ 892.08 TOTAL: $5,352.50 9. The Account has been assigned by Providian National Bank to the Plaintiff including all dghts 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, Kaye D. Pmbst, in the sum of $5,352.50 plus costs and interest. TUCKER ARENSBERG, P.C. By h~S. ~-~ Jonat cAnney, Esquire Pa. I.D.~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 unswom falsification to authorities. Unifund OCR Partners AFFIDAVIT OFINDEBTEDNESS 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 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 KAYE D PROBST, Account Number 4479482600553378,the amount of $4460.42 (principal balance in the amount of $3905.28 plus interest up through 09/05/2003 in the amount of $555.14). 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 05 September 2003 UNIFU D C~K~RTNERS By: Jessica Beroholz Media Suaervisor Title 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 5 day of September ,2003 Client # 215 ~~' MyoemmisjDj)expires SHERIFF'S RETURN - REGULAR CASE NO: 2004-04067 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS PROBST KAYE D GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PROBST KAYE D the DEFENDANT , at 1030:00 HOURS, on the 9th day of September, 2004 at 6012 HUMMINGBIRD DRIVE MECHANICSBURG, PA 17050 by handing to KAYE D. PROBST 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: Service 8.14 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.14 09/10/2004 TUCKER ARENSBERG Sworn and Subscribed to before By/~_. ~~ me this /~ ~ day of Deputy Shelf t~3~ A.D. honotary r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 04-4067 Civil Tem~ PRAEClPE FOR ENTRY OF DEFAULT JUDGMENT VS. KAYE D. PROBST, Defendant. Filed on behalf of Unlfund 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:339811-1 014636-116079 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) ) Plaintiff, ) No. 04-4067 Civil Teffn ) ) KAYE D. PROBST, ) ) 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 $5,352.50 plus costs and interest, for failure to answer or otherwise respond to the Complaint. I hereby certi~ 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: October 21, 2004 By: ~_ Jonathan//~. Mc~nney, Esquire Pa. I.D..~?)0041 Oouns~r 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, No. 04-4067 Civil Term vs. TEN DAY NOTICE KAYE D. PROBST, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unlfund 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:337888-1 014636-116079 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) CIVIL DIVISION ) ARBITRATION DIVISION Plaintiff, ) vs. ) No. 04-4067 Civil Term ) KAYE D. PROBST, ) ) Defendant. ) ) TO: Kaye D. Probst 6012 Hummingbird Drive Mechanicsburg, PA 17050 DATE OF NOTICE: October 5, 2004 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 Jonathan S. I ~ney~,~qu~ Pa. I.D. #500 CounseJ for TUCKER A~ JSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 CERTIFICATE OF SERVICF 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 October 5, 2004: Kaye D. Pmbst 6012 Hummingbird Drive Mechanicsburg, PA 17050 Jonath~ Pa. I.D. #~00141 TUCK_EI~ AI~ENSBERG, P.C. 1500 On~PG Pla~e ...... Pittsburgh, PA 15222