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HomeMy WebLinkAbout05-0028 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, CIVIL DIVISION ARBITRATION DIVISION No. OS -.,2? C;uJ '-r9L>"y\ COMPLAINT IN CIVIL ACTION vs. DOROTHY L. WALKER, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Janelle F. Miller, Esquire Pa.I.D.#92856 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 L1T:346476-1 014636-118856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Defendant. ) ) ) ) ) ) ) ) ) No. Plaintiff, vs. DOROTHY L. WALKER, 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 FIJADAAQul 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. ) ) ) ) ) No. O~ - ~ ) ) ) ) ) ) Cw', L c,-<ia-"1 Plaintiff, vs. DOROTHY L. WALKER, 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, Dorothy L. Walker is an individual and a resident of 1143 Centerville Rd., Newville, P A 17241. 3. On or about August 30, 2002, the Defendant applied for and was approved to receive a First Card Conv. Credit Card (hereinafter "Account"). Such Account was issued at Account Number 4366163039354614. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of March 17,2004, the Defendant owed $16,285.02 in principal, and $5,346.41 in interest. The total amount owed is $21,631.43. 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: $21,631.43 $4,326.29 $25,957.72 9. The Account has been assigned by First Card Conv. 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, Dorothy L. Walker, in the sum of $25,957.72 plus costs and interest. TUCKER ARENSBERG, P.C. " By~m/IIA Janelle F. Mille;' ~;;;; l Pa.I.D.#92856 Counsel for Unifund CCR Partners: TUCKERARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff -3- VERI FICA TION 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. ~~ Christina M. ~ry~ 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 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 Dorothy L Walker, Account Number 4366163039354614, the amount of $21631.43 (principal balance in the amount of$16285.02 plus interest up through 03/17/2004 in the amount of $5346.41). 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 balance reflects any payments, credits or offsets made since the account was charged off This account was originated with FIRST CARD CONV. Unifund CCR Partners purcha~ed this account from FIRST CARD CONY. 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 March 17, 2 4 By: Jessica Bergholz Media Supervisor UNIF 10625 Techwoods Circle Cincinnati, OH 45242 Address Notary Public My commission Expires Client # 215 I~%~J:Y~~:::;;:: " I t.:~~,.."."<.\......" ....,.,....". . . t *'~:;~:~';':fy , :i \~~~~~~l '........~ . I . I ,. ~ . "~ ."., ""\', ~'i ];:'11 If" , I '"C' ~ !\.:"-, '; r'~)l.:l'..... \.} j ,.'.:: Li'r'-:\{) ,. '. .j' !:;;} ,;,\hi;:;') i'I\AnCH 5\ 2007 r.~l,'~ ~..J\....fi\;~i'Jd~~jt...h"f 1...,,'U ~- II ~.. ,. . __ . ...,0- : ______----.. -~ , d' ~...~~~. ~ AJ ~ (;:; Q --0 ~ D ...() ~~ tv ~ ~ ~ .CI( 8 ~ J- ~. .~ . t ;~" (.~:: ;:-=:: =2 ~/- , :.:... 1:.1 ; L )::." Z I W g ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00028 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS WALKER DOROTHY L VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WALKER DOROTHY L the DEFENDANT , at 1140:00 HOURS, on the 6th day of Januar~, 2005 at 1143 CENTERVILLE RD NEWVILLE, PA 17241 by handing to DODO THY L. WALKER 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 18.00 7.40 .00 10.00 .00 35.40 So An::;~;";'/:C<4f L~~ l' ",'C, C'-.... " .' _. j . R. Thomas Kline 01/07/2005 TUCKER ARENSBERG Sworn and Subscribed to before By: ~~j~h~ '" me this .2'( - day of l }'~~') Jt'VS A.D. '- 1-:t r < - CL "yv"Rh - ~ g~,/- /p othonotary )'7"1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION ARBITRATION DIVISION No. Os -;;if C'o ,L ~02-YYl. UNIFUND CCR PARTNERS, PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT vs. DOROTHY L WALKER, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Janelle F. Miller, Esquire Pa.I.O.#92856 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 L1T:356342-1014636-118856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS. Defendant. ) ) ) ) ) ) ) ) ) No. OS- ->> C; cx L 't-~ Plaintiff, vs. DOROTHY L. WALKER, 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 $25,957.72 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: +1- 0; BY:/-ilJ. 111l1I ~ -171AJJJ L . neUe F. Miller, Esquire I Pa.I.O.#92856 Counsel for Unifund CCR Partners: TUCKERARENSBERG, 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. 05'- ~ C;o;( (T02-l TEN DAY NOTICE vs. DOROTHY L. WALKER, Defendant. Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Janelle F. Miller, Esquire Pa. 1.0. #92856 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 L1T:354080-1 014636-118856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant. ) CIVIL DIVISION ) ARBITRATION DIVISION l No. D~- cY Co~L~~ ) ) ) ) UNIFUND CCR PARTNERS, Plaintiff, vs. DOROTHY L. WALKER, TO: Dorothy L. Walker 1143 Centerville Rd. Newville, PA 17241 DATE OF NOTICE: March 9. 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 .'\ ~~ ~..:~>5b: ~ ' Janelle F. Miller, Esquire '- Pa. LD.#92856 Counsel for Plaintiff 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 March 9, 2005: Dorothy L. Walker 1143 Centerville Rd. Newville, PA 17241 ~//t7~~!l:Jcaq , nelle F. Miller, Esquire Pa.I.D.#92856 TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 -l.9- .-> q, 0 -.0 n <"'" ~,~.~ ~ c ;:J T\l ~ ~-t1 \) ,p * ?" -ro."\f1 vq ~ C> I -0 CS' ;?<.l }-) -cJ ~-T' - ,.1,~ -i'i , -.j -0 ()(~ F ~ '.'?:'-rn "f-J W F- \~,~ C) ~ -'-' r-- "7 - ::-.::.. :~ j W ';'.4 C> ~ ~ -<. 0 \lJ I +-- ~ ~ r - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) ) ) ) ) ) ) ) ) No. OS- -:1..!> G'c.h'l~~ vs. DOROTHY L. WALKER, Defendant. NOTICE OF JUDGMENT To: Dorothy L. Walker 1143 Centerville Rd. Newville, PA 17241 You are hereby notified that a judgment was entered against you and in favor of Plaintiff in the above-captioned proceeding on {),)(}; ( Ie, ::J. (y~ . The / ' default judgment is in the amount of $25,957.72 plus costs of suit. /lA!hP 9. 71/?~YG;- Deputy