The URL can be used to link to this page

Home My WebLink About04-4460IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'FY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. CIVIL DIVISION ARBITRATION DIVISION COMPLAINT IN CIVIL ACTION DONALD L. SOLONINKA, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partnem: 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:310716-1 014636-113960 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. No. DONALD L. SOLONINKA, 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 ara served, by entering a wdtten appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You ara 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 ralief 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 TELEFONEIFI: LA OFIClNA FIJADA AQU[ ABA JO. ESTA OFIClNA PUEDE PROVEER~ CON INFORMAClON DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER~ INFORMAClON ACERA AGENClAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUClDO 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. DONALD L. SOLONINKA, 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, Donald L. Soloninka is an individual and resident of 819 Bridge Street, Cumberland, PA 17070. 3. On or about December 14, 1998, the Defendant applied for and was approved to receive a Providian National Bank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4465610301230435. and owing. The Defendant utilized such Account and incurred a balance due 5. As of July 7, 2003, the Defendant owed $4,138.67 in principal, and $401.06 in interest. The total amount owed is $4,539.73. 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: The following amounts are currently due and owing from the Principal and Interest Reasonable Attorney's Fees (20%) TOTAL: $4,539.73 $ 907.95 $5,447.68 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, Donald L. Soloninka, in the sum of $5,447.68 plus costs and interest. TUCKER ARENSBERG, P.C. By Jona ney, Esquire Couns~ 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 unswom falsification to authorities. 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 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 DONALD L SOLONINKA, Account Number 4465610301230435,the amount of $4539.73 (principal balance in the amount of $4136.67 plus interest up through 07/07/2003 in the amount of $401.06). 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. Client# 215 DATED 07 July 2003 Title 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn tob~ · ~...-. day of July SHERIFF'S RETURN ~ REGULAR CASE NO: 2004-04460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CIIMBERL/kND UNIFUND CCR PARTNERS VS SOLONINKA DONALD L SPIANNON SHERTZER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE SOLONINKA DONALD L DEFENDANT at 1315:00 HOURS, on at 819 BRIDGE STREET NEW CUMBERLAND, PA 17070 BONNIE SOLONIKA a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 10th day of September, 2004 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.58 Affidavit .00 Surcharge 10.00 .00 40.58 Sworn and Subscribed to before me this /L ~ day of So Answers: R. h o~s Kline 09/13/2004 TUCKER ARENSBERG $ puty eri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. DONALD L. SOLONINKA, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-4460 Civil Term PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT LIT:339116-'J 014636-113960 Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partnem: Jonathan S. McAnney, Esquire Pa. I.D. #50041 TUCKER ARENSBERG, P.C. Firm ~Y287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'rY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, VS. DONALD L. SOLONINKA, Defendant. No. 04-4460 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 $5,447.68 plus costs and interest, for failure to answer or otherwise respond to the Complaint. I hereby certify 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 15, 2004 Jonathan S'"//McAnney, Esquire ~(~;j~ sD~l~f r~500~nlifu nd CC R pa rtn ers: TUCKER ARENSBERG, P.C. Firm ~Y287 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. DONALD L. SOLONINKA, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. 04-4460 Civil Term TEN DAY NOTICE 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:337563-1 014636-113960 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. DONALD L. SOLONINKA, Defendant, CIVIL DIVISION ARBITRATION DIVISION No. 04-4460 Civil Term TO: Donald L. Soloninka 819 Bridge St Cumberland, PA 17070 DATE OF NOTICE: October 1, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN A'I-FORNEY 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 Jonatha neyEsquire Pa. I.D. #,~0,~1 Counsel ~br F/laintiff TUCKEI~/~ENSBERG, P.C. 1500 On,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 October 1, 2004: Donald L. Soloninka 819 Bridge St Cumberland, PA 17070 Jonathan ire Pa. I.D. #5~)041 TUCKER ~,F~ENSBERG, P.C. 1500 On~ P/PG Place Pittsburgh,./PA 15222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff vs. DONALD L. SOLONINKA, 511 r «i Defendant : CIVIL-LAW : DOCKET NO. 2004-04460 CIVIL TERM METRO BANK, US P:'?)n\(N6 Garnishee 0_?Ll \J PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania (2) against Donald L. Soloninka, defendant; and (3) Against Metro Bank, Garnishee; (4,I and index this Writ in the judgment index and (a) against Donald L. Soloninka, defendant(s), and (b) against Metro Bank, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: Interest from 10/18/2004 Credits Costs to be added: Clerks Fee: Sheriff: Total: 1 SS . So " o? << Ot a,Sbu?' ?a ak\ $ 5,447.68 $ 2,628.32 $ 0.00 /n ' k DatAthis day of NOV , 2012 Angela L. Mattis, PA ID #309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 S S o LL cf? S)d V? (kC( iK ,-r ?cd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4460 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS Plaintiff (s) From DONALD L. SOLONINKA, 819 BRIDGE STREET, NEW CUMBERLAND, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,447.68 L. L. $.50 Interest FROM 10/18/2004 - $2,628.32 Atty's Comm % Atty Paid $136.58 Plaintiff Paid Due Prothy $2.25 Other Costs Date: 11/712 (Seal) Lic;PULY REQUESTING PARTY: Name : ANGELA L. MATTIS, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney for: PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No. 309229 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~ `-~;+ Sheriff . ~,,~ ~,~it9? C'i:'~U7p~1PPl~i {r~~CJ.7 ,.;, ..,~ ~ ~-r3 Jody S Smith ~~ ~rn ~~ o E'''i-- c Chief Deputy ;~ ~ - ~ ~, ~ C J Richard W Stewart ~~ '~ ~~ Solicitor ~r~ ~ ~ ~ ' =~'~~ ~ ~ 3 ~ ~~ Unifund CCR Partners ~~`` Case Number vs. Donald Soloninka 2004-4460 SHERIFF'S RETURN OF SERVICE 11/09/2012 03:25 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 9, 2012 at 1525 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Donald L. Soloninka, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, by handing to Deneen Raudabaugh, Assistant Head Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 13, 2012 to Donald L. Soloninka at 819 Bridge Street, New Cumberland, PA 17070. November 13, 2012 DEN FRY, DEPU SO ANSWERS, ~..,. ~- RON R ANDERSON, SHERIFF ou'?wS+.aite She'iff. 7ri~ecnft. I^r. ~-~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ ~~ COMMONWEALTH OF PENNSYLVANIA .,.•.. ~. ~~ ~ `J'` ~-- UNIFUND CCR PARTNERS, Plaintiff vs. DONALD L. SOLONINKA, Defendant vs. METRO BANK, ~~~5 ~ 4 y t ..,, J~ ',". F~ c"', CNIL-LAW mac' c.~ .!P' --' G ~ ~ ti DOCKET NO. ?004-04460 CNIL TERM ... Garnishee C~~~~°~ INTERROGATORIES TO GARNISHEE TO: Metro Bank 65 Ashland Avenue Carlisle, PA 17013 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. If you need additional information such as a social security number, contact the attorney listed at the end of this document. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant receives direct deposit SSI 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration thereof? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? 7. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as maybe relevant to this attachment. COMPLETED BY: Signature Title Interrogatories submitted to garnishee by: Angela L. Mattis, PA ID #309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-3 87-1873 Fax: 570-387-6474 Name (print) VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. l J (SIG ATURE) UNIFUND CCR PARTNERS, Plantiff v. DONALD L. SOLONINKA, Defendant v. METRO BANK, Garnishee y D~ ~~, IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2004-04460 CIVIL TERM IN RE: CLAIM FOR EXEMPTION ORDER OF COURT AND NOW, this 29th day of November 2012, upon consideration of Defendant's request for a prompt court hear~g to determine the Claim For Exemption, the a HEARING will be held on a December 2012, at 1:30 p.m. in Courtroom No. 6, Cumberland County Courthouse, Carlisle, Pennsylvania. Thomas A. Placey C.P.J. Distribution List: ~ngela L. Mattis, Esq. 2 Mill Street Danville, PA 17821 ~natd L. Soloninka c ~~ "r; 819 Bridge Street m~ ~ ~,_ .~ ~' New Cumberland, PA 17070 ~~., „c ..~~--- n ~ r ~7 ~~d- ~~J~ i Cumberland County Sheriff Department ' ~~ ° °c: ` ~ ~'~ ~r~ Court Administration - ~~~a 'C~ ~~' ~ ~-_~~;:~; : > ~:~ cJ,, ~ - ///3d f t ~ ~~u^ I'f RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy ~°~`'~t~ OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 of ~un~~Prt~ ~d November 28, 2012 RICHARD W. STEWART Solicitor Enclosed please find a Claim for Exemption, pertaining to Civil Case Number 04-4460, filed by Donald Soloninka, which was received in the Cumberland County Sheriff's Office on November 28, 2012, via facsimile. Please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank you for your consideration to this matter. Sharon R. Lantz Staff Assistant Involved Parties: Angela L. Mattis, Attorney for plaintiff Donald L. Soloninka, Claimant 819 Bridge Street, New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff vs. DONALD L. SOLONINKA, Defendant CNIL-LAW DOCKET NO. 2004-04460 CNIL TERM vs. METRO BANK, Garnishee CLAIM FOR EXEMPTION To the Sheriff: I, the above-named Respondent(s), claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) desire that my $300 statutory exemption be _ (i) set aside in kind (specify property to be set aside in kind): _ (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): (2) Form my property which is in the possession of a third party, I claim the following exemptions: r (a) my $300 statutory exemption: in cash; _ in kind (specify property): (b) Social Security benefits on deposit in the amount of $~ ~~ (c) other (specify amount and basis of exemption) ~~Q • ~ ~ I request a prompt Court Hearing to determine the exemption. Notice of the Hearing should be given to me at ~ 9 ~ ~ ~ G ~ ~~ w~ eR ~,~ ~~ 77~~7 D (Address) 659-87~~~8~a7 (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J/~ DATE: ~~ ~~ ~ / 1 Respondent SHERIFF OF CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE 1 Court House Sq. 3rd Floor Carlisle, PA 17013 'll~t~Z~~' ~v3q~