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Home My WebLink About04-5711IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. vs. COMPLAINT IN CIVIL ACTION KATHLEEN M. TURBY, 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:340691-1 014636-115242 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. KATHLEEN M. TURBY, No. 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 AQU( ABAJO. ESTA OFICINA PUEDE PROVEERt CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER? 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. vY-.5771 T.t" KATHLEEN M. TURBY, 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, Kathleen M. Turby is an individual and a resident of 8 Peach Orchard, Newville, PA 17241. 3. On or about August 27, 1999, the Defendant applied for and was approved to receive a Providian National Bank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4465671600565467. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of July 21, 2003, the Defendant owed $2,836.11 in principal, and $324.73 in interest. The total amount owed is $3,160.84. 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 attomeys' 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 $3,160.84 Reasonable Attorney's Fees (20%) $ 632.17 TOTAL: $3,793.01 9. The Account has been assigned by Providian National Bank 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, Kathleen M. Turby, in the sum of $3,793.01 plus costs and interest. TUCKER ARENSBERG, P.C. By Jonatt>Far' S. McAnney, Esquire Pa. I. ;:50041 Counsel for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff -3- Page 1 of 1 Waldock, Audrey From: Chris Bryan [Chris.Bryan@unifund.com] Sent: Monday, October 25, 2004 12:37 PM To: Waldock, Audrey Subject: 4465671600565467; Kathleen m Turby BK has been dismissed. Please re-open acct and proceed. Thanks. Chris Bryan Legal Coordinator 513-489-8877 X115 lls,?yx 10/25/2004 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 1.8 Pa.C.S. §4904 relating to unswom falsification to authorities. Christina M. ry n Unifund CC artners 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 KATHLEEN M TURBY, Account Number 4465671600565467,the amount of $3160.84 (principal balance in the amount of $2836.11 plus interest up through 07/21/2003 in the amount of $324.73). 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. DATED 21 July 2003 UNIFU D ARTNERS By: Jessica Bergholz Media Supervisor Title 10625 Techwoods Circle Cincinnati, OH 45242 Add ess l 2003 Subscribed and sworn to before V? a is ' 21 day of Ju , Notary Public t????, c?rrJision expires Client # 215 CD ..l SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-05711 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS TURBY KATHLEEN M R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TURBY KATHLEEN M to wit. but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , TURBY KATHLEEN M 8 PEACH ORCHARD NEWVILLE, PA 17241 DEFENDANT FILED BANKRUPTCY. Sheriff's Costs: So answers• -- ''- Docketing 18.00.-- Service 8.88 lam'' Affidavit .00 . Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 36.88 TUCKER ARENSBERG 12/07/2004 Sworn and subscribed to before me this day of 4UIA-11 a av D . k4aw i -T Prothonotary Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor (}Y/ - S A111 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