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HomeMy WebLinkAbout04-5222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, CIVIL DIVISION ARBITRATION DIVISION No. Ol../-S~~^- CI.CJLI82-.~ vs. COMPLAINT IN CIVIL ACTION WILLIAM R. SCHNEIDER and DOROTHY T. SCHNEIDER, Defendants. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. 1.0. #50041 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 UT:337507-1 014636-116456 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) ) ) ) ) ) ) ) ) No. CI-I - });;U... Cc.>'LL '-r€IL..~ vs. WILLIAM R. SCHNEIDER and DOROTHY T. SCHNEIDER. Defendants. 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 MAYBE 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 PAPELA SU ABOGADO ENSEGUIDA. SI USTED NO TlENE UN ABOGADO, VAYA 0 LLAME POR TELEFONEE LA OFICINA FIJADA AQUf ABAJO. ESTA OFICINA PUEDE PROVE ERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVE ERE INFORMACION ACERA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 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, ) ) ) ) ) ) ) ) ) ) ) No C>4 - -.5..2 ":2.2.-, ~ .f ~,., , . Ll u\ L lu<-~ vs. WILLIAM R. SCHNEIDER and DOROTHY T. SCHNEIDER, Defendants. 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 Defendants, William R. Schneider and Dorothy T. Schneider are individuals and residents of 207 Pennsylvania Avenue, Camp Hill, PA 17011. 3. On or about May 28, 1991, the Defendants applied for and were approved to receive a Citibank Universal Card Svcs Credit Card (hereinafter "Account"). Such Account was issued at Account Number 5398800002886937. 4. The Defendants utilized such Account and incurred a balance due and owing. 5. As of September 29, 2003, the Defendants owed $1,080.30 in principal, and $189.25 in interest. The total amount owed is $1,269.55. 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 Defendants have 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 Defendants: Principal and Interest Reasonable Attorney's Fees (20%) TOTAL: $1,269.55 $ 253.91 $1,523.46 9. The Account has been assigned by Citibank Universal Card Svcs to the Plaintiff including all rights to collect the amount due from the Defendants. -2 - WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be entered in its behalf and against the Defendants, William R. Schneider and Dorothy T. Schneider, in the sum of $1 ,523.46 plus costs and interest. TUCKER ARENSBERG, P.C. Jonathan S. M Pa.I.O.#500 (l By nney, Esquire Counsel for nifund 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. 94904 relating to unswom falsification to authorities. Chr~r Unifund CCR Partners UT:317956-1014636-014524 ( 1(P [I S{P AFFIDAVIT OF INDEBTEDNESS State of Ohio) County of Hamilton ) ss. Jessica Bergholz being sworn, deposes and says that she is Media Supervisor ofUnifund 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 William R Schneider, Account Number 5398800002886937, the amount of $1334.28 (principal balance in the amount of$1080.30 plus interest up through 07/27/2004 in the amount of$253.98). 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 balance reflects any payments, credits or offsets made since the account was charged off. This account was originated with Citibank Universal Card Svcs. Unifund CCR Partners purchased this account from Citibank Universal Card Svcs. 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, on behalf ofUnifund CCR Partners. DATED this July 27, 20 4 By: Jessica Bergholz Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address . s 27 day of Julv. 2004 Year Notary Public My commission Expires Client # 215 ANGELA l. FRECKMAN, NOTf\~V r' ::-. iC I'J il:~D ~nR THE 2-:,:' .. \ ,. ..... -." ;; '}')O7 ? MY COMMiSSiON D:P\Ht.~ .'. D -tg, ~ 'l ~ -- >-J cy r Q- __) ~ ~ ~ ( w ~ ~ ,...., Q SHERIFF'S RETURN - REGULAR ~ ., CASE NO: 2004-05222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SCHNEIDER WILLIAM R ET AL HAROLD WEARY I Sheriff or Deputy Sheriff of Cumberland CountylPennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHNEIDER WILLIAM R the DEFENDANT I at 1810:00 HOURS, on the 3rd day of November I 2004 at 207 PENNSYLVANIA AVENUE CAMP HILL, PA 17011 by handing to WILLIAM R SCHNEIDER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 20.72 .00 10.00 .00 48.72 So Answers: .;~~~~~;~ ~~ R. Thomas Kline 11/04/2004 TUCKER ARENSBERG Sworn and Subscribed to before By: ~L4/ J~'-1--- Deputy Sh.e'f'iff me thi s dv.::. day of A.D. .4< SHERIFF1S RETURN - REGULAR ~ . CA"SE NO: 2004 - 05222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SCHNEIDER WILLIAM R ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHNEIDER DOROTHY T the DEFENDANT I at 1810:00 HOURS I on the 3rd day of November I 2004 at 207 PENNSYLVANIA AVENUE CAMP HILL, PA 17011 by handing to WILLIAM R. SCHNEIDER I HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~?* /"",:1 ,.-;:?' ....:-;tC... ,~. _ ;,~_< :,'~,~ -:t'.;.;" R. Thomas Kline ...,.,/(-:te.p 11/04/2004 TUCKER ARENSBERG Sworn and Subscribed to before By: 714ft ~) Deputy Sh~ me thi s .j~~ day of C)O;;J J-LJV~ A.D. Ck. Cl rrulk-e ~. Prothonotary i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVil DIVISION ARBITRATION DIVISION Plaintiff, No. 04-05222 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT vs. WilLIAM R. AND DOROTHY T. SCHNEIDER, Defendants. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. 1.0. #50041 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 L1T:355648-1 014636-116456 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, ) ) Plaintiff, ) ) vs. ) ) WilLIAM R. AND DOROTHY T. SCHNEIDER, ) ) Defendants. ) No. 04-05222 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 $1,523.46 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: J. 74 0> By: Jon Pa. I. . #50041 Co sel for 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. 04-05222 vs. TEN DAY NOTICE WilLIAM R. AND DOROTHY T. SCHNEIDER, Defendants. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa.I.O.#50041 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 L1T:343782-1014636-116456 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendants. ) CIVIL DIVISION ) ARBITRATION DIVISION ) ) No. 04-05222 ) ) ) ) ) UNIFUND CCR PARTNERS, Plaintiff, vs. WILLIAM R. AND DOROTHY T. SCHNEIDER, TO: William R. And Dorothy T. Schneider 207 Pennsylvania Avenue Camp Hill, PA 17011 DATE OF NOTICE: December 1, 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 McAnney, Esquire 41 Plaintiff TUCKER RENSBERG, PC. 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 December 1, 2004: William R. And Dorothy T. Schneider 207 Pennsylvania Avenue Camp Hill, PA 17011 Jonathan . Pa.I.D.#50 TUCKER A 1500 One P G Place Pittsburgh, PA 15222 ~ 0 ....0 C "A:J ~ C> ~ ~ 0 ~ -0 - -- F ,... C\J P- ~ -- j ..c. U( ~ w D- PJ -.......) r---. '------. ~ (J (,"" 'i' ....' C''::> ~:;; -~ :;-"~ :;'~i (...) 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