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Home My WebLink About04-4398IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. - 439P (2M.X( i vs. COMPLAINT IN CIVIL ACTION PATRICIA GEORGE, 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:333042-1 014636-116898 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) vs. j No. Oy - 434 (2t vL L ) PATRICIA GEORGE, ) 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 FOR TELEFHNEE LA OFICINA FIJADA AQU( ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMAC16N 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, vs. Plaintiff, l:LvLC VZ311i PATRICIA GEORGE, Defendant. No. OL4 -.939P 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, Patricia George is an individual and a resident of 236 Woods Dr., Mechanicsburg, PA 17050. 3. On or about August 23, 1999, the Defendant applied for and was approved to receive a Discover Card Credit Card (hereinafter "Account'). Such Account was issued at Account Number 6011002900257031. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of November 10, 2003, the Defendant owed $4,307.00 in principal, and $354.25 in interest. The total amount owed is $4,661.25. 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 $4,661.25 Reasonable Attorney's Fees (20%) 932.25 TOTAL: $5,593.50 9. The Account has been assigned by Discover Card 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, Patricia George, in the sum of $5,593.50 plus costs and interest. TUCKER ARENSBERG, P.C. By ?-? Jonat n S. Mc?chney, Esquire 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 unswom falsification to authorities. Christina M. Bryan 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 assignee, 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 Patricia George, Account Number 6011002900257031, the amount of $4661.25 (principal balance in the amount of $4307.00 plus interest up through 11/11/2003 in the amount of $354.25). 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 balance reflects any payments, credits or offsets made since the account was charged off. This account was originated with DISCOVER CARD. Unifund CCR Partners purchased this account from DISCOVER CARD. Said account has been assigned, transferred and set over unto, Tucker Arenberg with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim, on behalf of Unifund CCR Partners. DATED this November 11, 2003 C TNERS By: Jessica Bergholz Media Supervisor Subscribed ircle Cincinnati, OH 45242 Address tis 11 day of November, 2003 Year Notary Public ? r E1 J J A. D UNCAN Public n State of Ohio M sion Expires , zoos My commission Expires Client 4 215 W ? CJ L -_ ?r m `- _? n UNIFUND CCR PARTNERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA GEORGE, Civil Action - Law Defendant No. 04-4398 CIVIL NOTICE TO PLEAD TO: Plaintiff, Unifund CCR Partners and its attorney, Jonathan S. McAnney You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: e711? By G Bradford Dorrance I.D. No. 32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT UNIFUND CCR PARTNERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Civil Action - Law PATRICIA GEORGE, Defendant No. 04-4398 CIVIL ANSWER TO COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. 2. Admitted. 3-9. Admitted in part; denied in part. To the extent any allegation deviates from the terms of any contractual agreement or obligation, such allegation is denied and strict proof is demanded. Admitted that defendant has not paid all sums claimed by plaintiff; denied defendant owes plaintiff any balance based on new matter below. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice, with all costs taxed against plaintiff. NEW MATTER 10. Pursuant to the Fair Debt Collection Practices Act, defendant disputes the validity of the alleged debt and demands verification thereof. 11. Plaintiff has failed to comply with governing Pennsylvania law, including Act 6, Act 91, and/or the Fair Debt Collection Practices Act. 12. Plaintiff has failed to attach any contract or assignment to the complaint and has failed to allege any contractual obligation owed by defendant. 13. Defendant defends the complaint based on such other reasons as will become apparent during discovery or at trial. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice, with all costs taxed against plaintiff. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: gYo U ad?ford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT 2 I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: %Il /? l/ C/ Bradford Dorrance CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage ]?repaid Addressed as Follows: Jonathan S. McAnney, Esquire TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 / - Dated: '2 r,L/ GG// / Bradford Dorrance ?,? ?? ?:? - - z- ? ? ? ? ' - ? " r ,. "i ?' , ?.} _ % u.. SHERIFF'S RETURN - REGULAR CASE NO: 2004-04398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS GEORGE PATRICIA SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GEORGE PATRICIA the DEFENDANT , at 1240:00 HOURS, on the 14th day of September, 2004 at 236 WOODS DRIVE MECHANICSBURG, PA 17050 PATRICIA GEORGE by handing to 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: Docketing Service Affidavit Surcharge So Answers: 18.00 6.66%%? ^?C .00 10.00 R. Thomas Kline .00 34.66 09/15/2004 TUCKER ARENSBERG Sworn and Subscribed to before me this .j L day of J r P s a-60 y A. D. Lll /Yi.f?CXi.? Prothonotary By vV. Deputy Sheriff Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OZI - x1398 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573