HomeMy WebLinkAbout05-0029IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff, No.
vs. COMPLAINT IN CIVIL ACTION
MICHAEL L. GARMAN,
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
LIT:345748-1 014636-118269
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
MICHAEL L. GARMAN,
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 USTED NO TIENE UN
ABOGADO, VAYA 0 LLAME POR TELEFONEt LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERt CON INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERt
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,
vs.
No. DS" - aq (2 clC 7 IL..
MICHAEL L. GARMAN,
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, Michael L. Garman is an individual and a resident of
112 Pettersburg Rd., Carlisle, PA 17013.
3. On or about August 15, 1995, the Defendant applied for and was
approved to receive a Bank One - Flint Conversion Credit Card (hereinafter "Account").
Such Account was issued at Account Number 4266849999065734.
4. The Defendant utilized such Account and incurred a balance due
and owing.
5. As of March 17, 2004, the Defendant owed $9,852.48 in principal,
and $4,720.64 in interest. The total amount owed is $14,573.12. 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 $14,573.12
Reasonable Attorney's Fees (20%) $2.914.62
TOTAL: $17,487.74
9. The Account has been assigned by Bank One - Flint Conversion 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, Michael L. Garman, in the sum of
$17,487.74 plus costs and interest.
TUCKER ARENSBERG, P.C.
By
*Janelle F. Miller, Esquire
Pa. I.D. #92856
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 1.8
Pa.C.S. §4904 relating to unsworn falsification to authorities.
Christina M. Bry
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 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 Michael L Garman, Account Number 4266849999065734, the amount of
$14573.12 (principal balance in the amount of $9852.48 plus interest up through 03/17/2004 in the amount
of $4720.64). By the terms of the agreement between the defendant and the original creditor, interest is
accruing from the aforesaid date at the rate of 24.99 percent per annum. This balance reflects any payments,
credits or offsets made since the account was charged off.
This account was originated with BANK ONE - FLINT CONVERSION. Unifund CCR Partners purchased
this account from BANK ONE - FLINT CONVERSION. 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 of Unifund CCR
Partners.
DATED this March 52004
C ARTNERS
By: Jessica Ber,gholz
Media Supervisor
10625 Techwoods Circle Cincinnati, OH 45242
l Address
Subscribed and sworn to bef a me this 17 day of March, 2004
Year
i1 Notary Public
V My commission Expires
Client # 215
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff
V.
MICHAEL L. GARMAN,
Defendant
No. 05-29 Civil Tenn
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter my appearance on behalf of the Defendant, Michael L. Garman, in the above-
captioned matter.
Dated: January Z ( , 2005
Respectfully submitted,
KNIGHT &: ASSOCIATES, P.C.
ean M. ShAtz, Esquire
Attorney I.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby verify that on January, 2005, I served a true and correct copy of the foregoing
Praecipe by United States First Class Mail, postage prepaid, addressed as follows:
Janelle F. Miller, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Attorney for Plaintiff
KNIGHT & ASSOCIATES, P.C.
Sean M. Shultz, Esquire
Attorney IF) No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, No. 05-29 Civil Term
Plaintiff
V.
MICHAEL L. GARMAN,
Defendant
ANSWER
AND NOW, this l6rk day of January, 2005, comes the Defendant, Michael L. Garman, by
and through his counsel, Knight & Associates, P.C., and files the following Answer and in support
thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Defendant denies owing $9,852.48 in principal and $4,720.64 in interest as
of March 17, 2004, for a total of $14,573.12. By way of further answer Defendant avers that he
incurred principal charges of less than the amounts stated in paragraph 5 of the Complaint.
Defendant demands strict proof at trial.
6. Denied. Defendant denies paragraph 6 of the Complaint insofar as he denies the
accuracy of the amounts claimed to be due and owing.
7. Denied.
8. Denied.
9, After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of paragraph 9 of the Complaint.
KNIGHT & ASSOCIATES, P.C.
WHEREFORE, Defendant, Michael L. Garman demands that judgment be entered in his
behalf and against the Plaintiff, Unifund CCR Partners, and that this matter be dismissed with
prejudice.
Respectfully Submitted,
Attorney for Defendant
Attorney ID No. 90946 L-
I 1 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
CERTIFICATE OF SERVICE
I hereby verify that on January 2-6-4?; 2005, I served a true and correct copy of the foregoing
Answer by United States First Class Mail, postage prepaid, addressed as follows:
Janelle F. Miller, Esquire
Tucker Arensberg,P.C.
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Attorney for Plaintiff
KNIGHT & ASSOCIATES, P.C.
Seafi M. Shultz, Es ire
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendant
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-00029 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
GARMAN MICHAEL L
MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GARMAN MI
the
DEFENDANT , at 1442:00 HOURS, on the 5th day of January , 2005
at 112 PETTERSBURG RD
CARLISLE, PA 17013 by handing to
THELMA GARMAN, AUNT, ADULT IN CHARGE
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 3.70
Affidavit .00
Surcharge 10.00
.00
31.70
Sworn and Subscribed to before
me this 24` day of
?uU6", A. D.
-? Prothonotary
So Answers:
1 ?? 44-?
/
R. Thomas Kline
01/06/2005
TUCKER ARENSBERG
By:
Deputy Sheriff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ur.
NO. 05-29 2005
McL av-t L G' af,,.,an
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Jonathan S. McAnney counsel for the ED?? in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 17,487.74
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
Jonat n S. McAnney, Esq.
ORDER OF COURT
AND NOW, . 200/, in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
EDGAR B. BAYLEY
r
CERTIFICATE OF SERVICE
I herby certify that a true and correct copy of the foregoing
Praecipe For Appointment of Arbitrators was served by first class mail, postage
prepaid, this 11th day of October, 2007 upon:
Sean M. Schultz, Esquire
11 Roadway Drive, Suite B
Carlisle, Pa. 17013
LIT:427687-1 014636-118269
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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: NO. 05-29
2005
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RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Jonathan S. McAnnpy counsel for the (E)?? in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 17,487.74
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
Jonat n S.
ORDER OF COURT
, Esq.
AND NOW, U[?=?FfiYiC? o?
petition,
Esq., and 73 vff"
captioned action ( actions) as prayed for.
200 in consideration of the foregoing
Esq., and _Ulddl n"i
-Esq., are appointed arbitrators in the ove
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, No. 05-29 Civil Term
Plaintiff
V.
MICHAEL L. GARMAN,
Defendant
PRAECIPE TO WITHDRAW APPEARANCE
To the Prothonotary:
Please withdraw my appearance on behalf of the Defendant, Michael L. Garman, in the
above-captioned matter.
Dated: DUAb&% 3 , 2007
Respectfully submitted,
KNIGHT & ASSOCIATES, P.C.
Sean M. Shultz, Esquire
Attorney I.D. No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
PRAECIPE TO ENTER APPEARANCE
Please enter Defendant's appearance as proceeding pro se in the above-referenced matter.
Dated: UeM f 007 a/- ?
Michael L. Garman
112 Petersburg Road
Carlisle, Pennsylvania 17013
Pro Se
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, No. 05-29 Civil Term
Plaintiff
V.
MICHAEL L. GARMAN,
Defendant
CERTIFICATE OF SERVICE
I hereby verify that on Dt,cst--b 3 , 2007, I served a true and correct copy of the
foregoing Praecipe by United States First Class Mail, postage prepaid, addressed as follows:
Jonathan S. McAnney, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Attorney for Plaintiff
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
KNIGHT & ASSOCIATES, P.C.
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UNIFUND CCR PARTNERS, COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL L. GARMAN,
DEFENDANT 05-0029 CIVIL TERM
ORDER OF COURT
AND NOW, this _W?,day of January, 2008, the appointment of Douglas
Marcello, Esquire, to the Board of Arbitrators in the above-captioned case, IS
VACATED. Sonya Kivisto, Esquire, is appointed in his place.
Gregory B. Abeln, Esquire
Chairman
Sonya Kivisto, Esquire ? ieS M?
1501 Commerce Avenue COP
Carlisle, PA 17013 15 ;08
Court Administrator 0a
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Plaintiff
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. G S-- ;Z ct
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
signature
Name (Chairman)
CY _ ?
signs
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Name
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Law Firm Law Firm
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Address
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Signature
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Name
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Award
We, the undersigned arbitrators, having been duly appointed and sworn. (or affirmed), make the
following awTj.-, o (/Note: If damages for delay ar/e?awarded, they shall /be separately stated.) t
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. Arbitrator, dissents. (Insert name if amlicable.
Notice of Entry of A
Now, the day of Februar? 20 Og , at ,2!19 , _L,M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: S 360-00
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No. - Z 9 Ciw I?
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UNIFUND CCR PARTNERS,
Plaintiff,
V.
MICHAEL L. GARMAN,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-29 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
TO: PROTHONOTARY OF CUMBERLAND COUNTY:
The Award of the Arbitrators in the above matter has been paid in full. Please mark the
above-captioned matter satisfied and discontinued.
Respectfully submitted,
TUCKER ARENSBERG, P.C.
By: --
opher E. Fisher
a. I.D. No. 201395
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
DATE: November 1 , 2008
104581.1 (014636-118269)
CERTIFICATE OF SERVICE
AND NOW, this If day of November, 2008, I, Christopher E. Fisher, Esquire, for
the law firm of Tucker Arensberg, P.C., attorneys for Plaintiffs, hereby certify that I have
this day served the foregoing Praecipe to Discontinue, by depositing a true and correct
copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Michael L. Garman
112 Petersburg Road
Carlisle, PA 17013
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topher E. Fisher
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