HomeMy WebLinkAbout04-5924
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
CIVIL DIVISION
ARBITRATION DIVISION
No. 6cf-- 51)J./
~
vs.
COMPLAINT IN CIVIL ACTION
CARMEN WAGNER,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKERARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
L1T:342301-1 014636-113989
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
)
)
)
)
)
)
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)
No.
vs.
CARMEN WAGNER,
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
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA 0 LLAME POR TELEFONEE LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
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,
Defendant.
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No. 0 'I' - :/' 7 .L~
Plaintiff,
vs.
CARMEN WAGNER,
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, Carmen Wagner is an individual and a resident of
27 Victor Dr., Mechanicsburg, PA 17050.
3. On or about October 30, 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 4361450301148336.
4. The Defendant utilized such Account and incurred a balance due
and owing.
5. As of July 7,2003, the Defendant owed $2,052.50 in principal, and
$188.92 in interest. The total amount owed is $2,241.42. 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.
8. The following amounts are currently due and owing from the
Defendant:
Principal and Interest
Reasonable Attorney's Fees (20%)
TOTAL:
$2,241.42
$ 448.28
$2,689.70
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, Carmen Wagner, in the sum of
$2,689.70 plus costs and interest.
TUCKER ARENSBERG, P.C.
By
C\~
Jonathan ~i ~cAnney, Esquire
pa.I.D.#5V'1
Counsel 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. 94904 relating to unswom falsification to authorities.
a;I3Y--
Christina M: ~an
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 CARMEN WAGNER, Account Number 4361450301148336,the amount of
$2241.42 (principal balance in the amount of $2052.50 plus interest up through 07/07/2003 in the amount of
$188.92). 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 07 July 2003
By: Jessica Berqholz Media Supervisor
Title
10625 Techwoods Circle Cincinnati. OH 45242
Address
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUNO CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 04-5924 Civil
PRAECIPE FOR ENTRY OF DEFAULT
JUDGMENT
vs.
CARMEN WAGNER,
Defendant.
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:349823-1014636-113989
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 04-5924 Civil
vs.
CARMEN WAGNER,
Defendant.
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 $2,689.70 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: January 27, 2005
squire
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. 04-5924 Civil
vs.
TEN DAY NOTICE
CARMEN WAGNER,
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
L1T:347262-1014636-113989
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Defendant.
) CIVIL DIVISION
) ARBITRATION DIVISION
)
) No. 04-5924 Civil
)
)
)
)
)
Plaintiff,
V5.
CARMEN WAGNER,
TO: Carmen Wagner
2055 Good Hope Rd.
Enola, PA 17025
DATE OF NOTICE: January 3,2005
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) 990-91 08
Jonathan . M nney, Esquire
Pa. I.D. 41
Counsel f Plaintiff
TUCKE 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 January 3, 2005:
Carmen Wagner
2055 Good Hope Rd.
Enola, PA 17025
. cAnney, Esquire
41
RENSBERG, P.C.
1500 On PG Place
Pittsburgh, PA 15222
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05924 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNFUND CCP PARTNERS
VS
WAGNER CARMEN
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
WAGNER CARMEN
the
DEFENDANT
I at 1648:00 HOURS I on the 2nd day of December I 2004
at 2055 GOOD HOPE ROAD
ENOLA, PA 17025
by handing to
CARMEN WAGNER
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
Service
Affidavit
Surcharge
So Answers:
18.00
17.76
.00
10.00
.00
45.76
~"'C;>'<~;/ /~
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R. Thomas Kline
12/06/2004
TUCKER ARENSBERG
Sworn and Subscribed to before By:
t!?-
me this "7 day of
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I . .. .u, QYlA1J; {J.I. ~ A ~&A
. othonotary )-7 '/
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F1 `0 {
Sheriff f H r 0 �i� � F
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Jody S Smith ;
Chief Deputy k � 2-°13 AUG 30 An 10: 2:�
Richard W Stewart � � �
Solicitor QFFgIEOF THE SHERIFF AND COUNTY
PENNSYL'/ANIA
Unifund CCR Partners
vs. Case Number
Carmen Wagner 2004-5924
SHERIFF'S RETURN OF SERVICE
12/14/2012 12:29 PM -Jason Kinsler, Deputy Sheriff, who being duly sworn according to law, states that on
December 14, 2012 at 1229 hours, attached as herein commanded all goods, chattels, rights, debts,
credits, and monies of the within named defendant, to wit: Carmen Wagner, in the hands, possession, or
control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle,
Cumberland County, Pennsylvania, by handing to Denise L. Harman,Assistant Branch Manager,
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 December 17, 2012 to Carmen Wagner at
27 Victor Drive, Mechanicsburg, PA 17050.
08/29/2013 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: $68.00 SO ANSWERS,
August 29, 2013 R-ONW R ANDERSON, SHERIFF
J1 1,;yr
oftp
(c)CountySuite Sheriff,Teleosott,bic.