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Home My WebLink About04-4725IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. EILEEN FELMLEE, Defendant. CIVIL DIVISION ARBITRATION DIVISION No. OV - V 72S (21v-LLr I s=Ayn COMPLAINT IN CIVIL ACTION 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:334331-1 014636.112784 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) ) vs. ) No. EILEEN FELMLEE, ) 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 LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONEE LA OFICINA FIJADA AQUf ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMAC16N DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMAC16N 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. C>4. -- l.,tv??? _ l EILEEN FELMLEE, 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, Eileen Felmlee is an individual and resident of 16 Sinclair Road, Mechanicsburg, PA 17055. 3. On or about June 1, 1989, the Defendant applied for and was approved to receive a Citibank Credit Card (hereinafter "Account'). Such Account was issued at Account Number 5424180240528742. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. The original balance due and owing on the Account on or about December 18, 2002 was $16,068.36. Defendant made a payable in the amount of $11,105, leaving a balance due and owing of $4,963.36. 6. As of April 14, 2003, the Defendant owed $4,963.36 in principal, and $7,279.85 in interest. The total amount owed is $12,243.21. See the Affidavit of Indebtedness attached hereto as Exhibit "A" and incorporated by reference as if fully set forth at length herein. 7. Despite written and oral demands for payment, the Defendant has failed and refused to pay the amount due and owing. 8. Reasonable attomeys' fees in the amount of 20% of the principal balance are due and owing. 9. The following amounts are currently due and owing from the Defendant: Principal and Interest $12,243.21 Reasonable Attorney's Fees (20%) $2,448.64 TOTAL: $14,691.85 10. 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, Eileen Felmlee, in the sum of $14,691.85 plus costs and interest. TUCKER ARENSBERG, P.C. By Pa. McAnney, Esquire 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. Chris Bryan Unifund CCR Partners LIT:317956-1 014636-014524 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 EILEEN FELMLEE, Account Number 5424180240528742,the amount of $12243.21 (principal balance in the amount of $4963.36 plus interest up through 0411412003 in the amount of $7279.85). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 19.99 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 14 April 2003 UNIF N ARTNERS 14 By: Jessica Berqholz Media Supervisor Title 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and sworn to before me this 14 day of April 12003 Notary Public Client # 215 My commision expires AMY E. TREADON c Lam-- z Notary Pubiio, State of Ohio F` Roy Commieeion F-Viees June 6, J7 y r _• ? 1 L l}N ? V 1 Ell { 1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-04725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS FELMLEE EILEEN RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FELMLEE EILEEN the DEFENDANT , at 2106:00 HOURS, on the 23rd day of September, 2004 at 16 SINCLAIR ROAD MECHANICSBURG, PA 17055 by handing to EILEEN FELMLEE 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 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 .00 34.66 Sworn and Subscribed to before m//e?? this 56-? day of P othonotary So Answers: R. Thomas Kline 09/24/2004 TUCKER ARENSBERG By: Deputy Sheriff Court of Common Pleas of Cumberland County, Pennsylvania Unifund CCR Partners vs. Eileen Felmlee Civil Division No. 04-4725 Civil Term ?tLPONSL October 25, 2004 This letter serves as my response to the civil case filed against me in Cumberland County Court. I object to this case on the grounds that I have paid this debt to an agreed upon amount back in December of 2002. This amount was agreed upon by a representative of Unif ind, Kim K, and a mortgage broker on my behalf when I refinanced my home. Unifund agreed upon settling the debt in the amount of $11, 105.00. ][ have enclosed copies of the letter I have previously sent to the attorney representing Unifund, a copy of the check stub sent to Unifund and a copy of the receipt for mailing the check certified. The correspondence I received from the attorney representing Unifund is extremely exaggerated as far as the amount that is owed to Unifund. The amount originally owed was $16068.36. Unifund stated they would settle for $13322.00 as payment in full. My mortgage broker spoke to Unifund and I was advised they would settle for $11105.00 which is what they have received. Now Unifund states that l owe $14691.85 including attorney fees. I have paid Unifund the amount they requested almost 2 years ago. I strenuously object to this blatant attempt to collect money from me as I assumed this matter was settled some time ago. I believe this matter should be closed, and this creditor should remove this from my credit report. Sincerely, Eileen J Mangan Felmlee) f . •qG;; lid l:,, - CJ = i7 Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6ZI - ly7az-5 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