HomeMy WebLinkAbout04-4461IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
VS,
CIVIL DIVISION
ARBITRATION DIVISION
COMPLAINT IN CIVIL ACTION
MARY E FEDORKO,
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
UT:310710-1 014636-115834
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
VS.
MARY E FEDORKO,
Defendant.
NO.
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
written appearance personally or by attorney and filing in wdting 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 enterad 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
dghts 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 TELEFONEP: LA OFIClNA FIJADA AQUI ABA JO. ESTA OFICINA
PUEDE PROVEERP: CON INFORMAClON DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFIClNA PUEDE PROVEERI~
INFORMAClON ACERA AGENCIAS. QUE PUEDAN OFRECER SERVIClOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(800) 990-9108
NOTICE TO DEFEND
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
VS.
MARY E FEDORKO,
Defendant.
)
)
)
)
) 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 Cimle, Cincinnati, Ohio 45242.
2. The Defendant, Mary E Fedorko is an individual and resident of 246
Indian Creek Drive., Mechanicsburg, PA 17050.
3. On or about July 18, 2000, the Defendant applied for and was
approved to receive a Providian National Bank Credit Card (hereinafter "Account"). Such
Account was issued at Account Number 4465681400881949.
and owing.
The Defendant utilized such Account and incurred a balance due
5. As of September 5, 2003, the Defendant owed $3,713.05 in
principal, and $ 477.98 in interest. The total amount owed is $4,191.03. 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 Attomey's Fees (20%)
TOTAL:
$4,191.03
$ 838.21
$5,029.24
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, Mary E Fedorko, in the sum of
$5,029.24 plus costs and interest.
TUCKER ^RENSBERG, P.C.
By
Jonath~cAnney, Esquire
Pa.l.~t#5004~
Counsel for Unifund CCR Pa~ners:
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.
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
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 MARY E FEDORKO, Account Number 4465681400881949,the amount of
$4191.03 (principal balance in the amount of $3713.05 plus interest up through 09/05/2003 in the amount of
$477.98). 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 per[orm all acts necessary for the collection, settlement, adjustment,
compromise or satisfaction of said claim.
DATED 05 September 2003
UNIF~ARTNERS
By: Jessica BerQholz Media Supervisor
Title
10625 Techwoods Circle Cincinnati, OH 45242
Address
Client# 215
Subscribed and sworn to before me this 5
day of September ,2003
My commision expires
AUTUMN HOPKINB, N0fary Public
in and lot the State of Ohio
My Commission Expires July 18, 2007
SHERIFF' S RETURN - REGULAR
CASE NO: 2004-04461 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFIIND CCR PARTNERS
VS
FEDORKO MARY E
BRYA!~ WARD ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
FEDORKO MARY E
DEFENDANT , at 1747:00 HOURS,
at 246 INDIAi~ CREEK DRIVE
MECHANICSBURG, PA 17050
MARY FEDORKO
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 15th day of September, 2004
by handing to
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Service 8.88
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
36.88 09/16/2004
TUCKER ARENSBERG
Sworn and Subscribed to before
me this ~,7~ day of
~r.~T'.~-__ ~.~.~ ~ ..~0 ~' A.D.
Y P~othonotary ' · '
By:
ty Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
VS,
MARY E. FEDORKO,
Defendant.
CIVIL DIVISION
ARBITRATION DIVISION
No. 04-4461 Civil Term
PRAECIPE FOR ENTRY OF DEFAULT
JUDGMENT
LIT:340425-1 014636-115834
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa. I.D. #50152
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.
MARY E. FEDORKO,
Defendant.
No. 04-4461 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 $5,029.24 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 prior to the filing of the
Praecipe for Entry of Default Judgment.
Date:
October 28, 2004
Jonatha~ S. McAnney, Esquire
Pa. I.D./#50152
Couns 1~3r 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.
MARY E. FEDORKO,
Defendant.
CIVIL DIVISION
ARBITRATION DIVISION
No. 04-4461 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. #50152
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
LIT:338425-1 014636-115834
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, )
)
Plaintiff, )
)
VS. )
)
MARY E. FEDORKO, )
)
Defendant. )
CIVIL DIVISION
ARBITRATION DIVISION
No. 04-4461 Civil Term
TO:
Mary E. Fedorko
246 Indian Creek Dr.
Mechanicsburg, PA 17050
DATE OF NOTICE: October 11, 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
Jonathan ~.~neyEsquire
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 October 11, 2004:
Mary E. Fedorko
246 Indian Creek Dr.
Mechanicsburg, PA 17050
Pittsburgh, PA 15222
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'
COMMONV4~EALTH OF PENNSYLVANI4
t1NIFUND CCR PARTNERS,
Plaintiff
• ~ N
4
vs. :CIVIL-LAW ..~~ r.,~
~+•
DOCKET NO. 2004-04461
{--
FEDORKO
MARY E ~
,
.
Defendant ~~ o
~~
a c~ -a
~
~~
~.~ ~
..
WITHDRAWAL OF APPEARANCE z '~'
I, Jonathan S. McAnney, Esquire, hereby withdraw my appearance as counsel in the above
matter.
m
t
r.,.,
Date: _ v'7.3 1 ~- By:
Janath .McAnney, Esquire
ENTRY OF APPEARANCE
Kindly enter my appearance on behalfof Unifund CCR Partners, Plaintiff, in the above-captioned matt r.
Date: ~~~0 ~Z--
E3y:
~~~
Raymond W. Kessler, Esquire
PA lD 309802
Attorney tar Plaintiff
3fi West Main Street
Bloomsburg, PA 17815
Telephone: 57O-387-1873
Fax:570-387-6474
i
WRIT OF EXECUTION and/or ATTACHMENT
;:
COMMONWEALTH OF~,~:'~NNSYLVANIA) NO 2004-4461 Civil
CO''TY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE. SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due UNIFUND CCR PARTNERS Plaintiff (s)
From MARY E. FEDORKO, 246 INDIAN CREEK ROAD, MECHANICSBURG, PA 17050
(1)You are d`~ected 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:
CITIZENS BANK, 665 NORTHEAST STREET, 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$5,029.24 L.L. $.50
Interest FROM 11/1/2004 - $2,358.64
Atty's Comm % Due Prothy $2.25
Atty Paid $) 3a• S8 Other Costs
Plaintiff Paid
Date: AUGUST 30, 2012 ~~~ ,
Davi~el~Pfothodotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name :RAYMOND W. KESSLER, ESQUIRE
Address: 36 WEST MAIN STREET
BLOOMSBURG, PA 17815
Attorney for: PLAINTIFF
Telephone: 570-387-1873
Supreme Court ID No. 309802
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUl11')~Yy^ t~, ~ ~-}~~g1~) `~~^ ~ ~ ~ ~ {~
COMMONWEALTH OF PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff
vs. CNIL-LAW
MARY E. FEDORKO, a~~ -` "~~~i :DOCKET NO.2004-04461
Defendant {?~
vs. `~\e1'~ .~p~p- l ~c~
CITIZENS BANK, ~~~}}-- ~-~
(~ ~pv~P!'Garnishee
~~5~ ~P 1~~~3
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 Mary E. Fedorko, defendant; and
(3) Against Citizens Bank, Garnishee;
(4) and index this Writ in the judgment index and
(a) against Mary E. Fedorko, defendant(s), and
(b) against Citizens Bank, as garnishee,
2012 AUG 30 1'IM 2~ 46
~'~M~ER~A~NO pl
P~NNSY1t.Y I+~
as a lis pendens against real property of the defendant in name of garnishee(s) as follows:
N/A
(S) Amount Due: $ 5,029.24
Interest from 11/01/2004 $ 2,358.64
Credits $ 0.00
Costs to be added:
Clerks Fee: $ 29.00
Sheriff: $ 150.00
Total: $ 7,566.88
~Q• ~ u~
S5. Sf~ u n
°~ .oo t~N
3~ $ 8'
~- I
Dated this oC ~ day of Avyv51-, 2012
-z3/
Ryam nd W. Kessler, PA ID# 309802
Attorney for Plaintiff
36 West Main Street
Bloomsburg, PA 17815
Phone: (S70) 387-1873
Fax: (S70) 387-6474
~ a. as ~ ~~
~. Sa cc~
~ (~04
jT,l4o~t8a'la~ , ,1nk e~ ~`2° ,~s
W
s.
SHERIFFS OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
ILE 0-OFF"
01 TH
r
Jody S Smith
Chief Deputy 2013 APR -5 PH 3: 52
Richard W Stewart
Solicitor WICE OF TNE SKRIFF CUMBERLAND COUIlTy
PENNSYLVANIA
Unifund CCR Partners Case Number
vs.
Mary E Fedorko 2004-4461
I
SHERIFF'S RETURN OF SERVICE
09/05/2012 02:51 PM-Valerie Weary, Deputy Sheriff,who being duly swom according to law,states that on
September 5,2012 at 1451 hours,attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendant,to wit: Mary E. Fedorko, in the hands, possession,or
control of the within named garnishee, Citizens Bank,665 N East Street, Carlisle, Cumberland County,
Pennsylvania, by handing to Tabitha Zarichansky,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 September 10, 2012 to Mary E. Fedorko at
246 Indian Creek Road, Mechanicsburg, PA 17050.
04/05/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $88.86 SO ANSWERS,
O*a
April 05, 2013 -RONW R ANDERSON, SHERIFF
OL
'�b .1
col-, W19
gK
X795
countysulte slleriff.'relqosoft Inn,
" WRIT OF EXECUTION and/or ATTACHMENT
y
COMMONWEALTH OF PENNSYLVANIA) NO 2004-4461 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due UNIFUND CCR PARTNERS Plaintiff(s)
From MARY E.FEDORKO,246 INDIAN CREEK ROAD,MECHANICSBURG,PA 17050
(I)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
GARNISHEES)as follows:
CITIZENS BANK,665 NORTHEAST STREET,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$5,029.24 L.L.$.50
Interest FROM 11/1/2004-$2,358.64
Atty's Comm % Due Prothy $2.25
Atty Paid $: IM. $8 Other Costs
Plaintiff Paid
Date: AUGUST 30,2012
4btD. thy
(Seal) By:
r
Deputy
REQUESTING PARTY:
Name :RAYMOND W.KESSLER,ESQUIRE
Address:36 WEST MAIN STREET
BLOOMSBURG,PA 17815
Attorney for:PLAINTIFF
Telephone:570-387-1873
Supreme Court ID No.309802 ftIE�CC>RD
TRUE C�!Vy Ff"~ nand
In T4Stitr M-vftiW'I Unto Set my
This ttssV d s f O �,Pa.