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Home My WebLink About05-0671IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. OS- &.,71 vs. COMPLAINT IN CIVIL ACTION JENNIFER SIDES, 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:346727-1 014636-118370 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Vs. JENNIFER SIDES, 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 O LLAME FOR TELEFONEE LA OFICINA FIJADA AQUj ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 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 Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, vs. Plaintiff, JENNIFER SIDES, Defendant. No. O 5 - (07 ?u ?? "? 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, Jennifer Sides is an individual and a resident of 311 Monroe St., Mechanicsburg, PA 17055. 3. On or about October 5, 1994, the Defendant applied for and was approved to receive a First Usa Bank Credit Card (hereinafter "Account'). Such Account was issued at Account Number 4417122718926877. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of March 17, 2004, the Defendant owed $16,193.92 in principal, and $4,172.14 in interest. The total amount owed is $20,366.06. 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 $20,366.06 Reasonable Attorney's Fees (20%) 073.21 TOTAL: $24,439.27 9. The Account has been assigned by First USA 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, Jennifer Sides, in the sum of $24,439.27 plus costs and interest. TUCKER ARENSBERG, P.C. By (::)4MV &S, Janelle F. Miller, quire 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 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Christina M. B n 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 Jennifer Sides, Account Number 4417122718926877, the amount of $20366.06 (principal balance in the amount of $16193.92 plus interest up through 03/17/2004 in the amount of $4172.14). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 14.99 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. This account was originated with FIRST USA BANK. Unifund CCR Partners purchased this account from FIRST USA 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, on behalf of Unifund CCR Partners. DATED this March 1-12004 Jessica Bergholz Media Supervisor Subscribed and sworn tTefore me this 17 day of March, 2Y0 04 Notary Public My commission Expires h„ M "IV, me;; ,J ?ariTARY PUBLIC Client # 215 L" F OHIO HIV EXPIF ?S MARCH 5 ,2007 ?n.M rvM?' 11 EXHIBIT 9 n ? ?? ? ? p ` ? ?z r ?? . a u+ "?"1 .`1 1` ' C Tt 1 ..i_ i ? ??? --? 9 (?.. 1 ._7 ? - ?1 { 7 A _. ? 'rC7 « C..J M1' S` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION Plaintiff, ARBITRATION DIVISION vs. No. 05-671 JENNIFER SIDES, Defendant. PRAECIPE TO REINSTATE COMPLAINT Filed on behalf of Plaintiff: Unifund CCR Partners 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 LIT354432-1 014636-118252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION vs. JENNIFER SIDES, TO: Prothonotary Plaintiff, ARBITRATION DIVISION No. 05-671 Defendant. PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above-captioned matter. Respectfully submitted: TUCKER ARENSBERG, P.C. By:/^? ?CXXJG=??? Ja elle F. Miller, Esquire PA Id No. 92856 1500 One PPG Place Pittsburgh, PA 15222 (412) 566-1212 CJ Cll ? I I 7 ., fri 7 ( FF n ?`ern w _ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00671 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SIDES JENNIFER R. Thomas Kline Sheriff or Deputy Sheriff, who duly sworn according to law, says, that he made a diligent sea inquiry for the within named DEFENDANT SIDES JENNIFER unable to locate Her in his bailiwick. He therefore returns COMPLAINT & NOTICE , NOT FOUND , the within named DEFENDANT SIDES JENNIFER 311 MONROE STREET MECHANICSBURG, PA 17055 DEFENDANT'S LAST NAME IS NOW YOSPA AND SHE IS BELIEVED TO BE LIVING IN THE MIDDLETOWN AREA. Sheriff's Costs: So answers:.,., ? Docketing 18.00 y? ?> Service 7.40 - - r "' Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 40.40 TUCKER ARENSBERG 03/01/2005 Sworn and subscribed to before me this - day of L? ?ooS A.D. Prothonotary 17 ng and t was as to SHE,RIFF'G RETURN - OUT OF COUNTY CASE NO: 2005-00671 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS SIDES JENNIFER R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SIDES JENNIFER but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 11th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 32.15 Postage .37 V J J G 05/11/2005 TUCKER ARENSBERG So answers R. Thomas Kline Sheriff of Cumberland County sworn and subscribed to before me this 15 day of _)CC)5' A. D. Prothonotary' in his bailiwick. He therefore COUNTY OF YORK OFFICE OF THE SHERIFF 28 FAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE ( INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIVE 1 THRU 12 DO NOT DETACH ANY COPIES r,,, Unifund CCR Partners 3. Jennifer R. Sides 2`ynt Complaint SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Jennifer R. Sides 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 1205 Miller Drive, York, PA 17402 7. INDICATE SERVICE: ? PERSONAL O PERSON IN CHARGE DEPUTIZE C RT. IL ? 1 ST CLASS MAIL ? POSTED ? OTHER NOW March 22 20 05 I, SHERIFF OF COUNTY, PA, do,tereby deputi eat sheriff of York COUNTY to execute this Wfita'I_Atn66 r?th Qrr Tling to law. This deputization being made at the request and risk of the plaintiff. OU'OF COlli? ?'° CU11; '; Please mail return of service to Ctmlberland County Sheriff. Thank you. '-DW:1C:. r.,., PD Y C:T Y NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. r- 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE L x ( 10. TELEPHONE NUMBER 11. DATE FILED Janelle F. Miller 1500 One PPG Place, Pittsbur PA 1 2 412 594 5615 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). same iili CO SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. - 1 r _ q /. _ n r e _ r 16. HOW SERVED. PERSONAL ( RESIDENCE( ) POSTED( ) POE ( ) SHERIFF'S OFFICE OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) t 19. Date of Service 20. Time of Service 16. A E AND TITLE OF INDIV DUAL ERVED /UST A RESS HE IF NOT OWN ABOV elationship to DefeP?an a, f?I2/ .` l d 65t lk-%-?S Icy '?rb Awl 21. A P Date ime files Int. Dale Time Miles Int. Date ime Miles In ate Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. REMARKS . t'H 23. Advance Costs 24 Sg?ice Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot, Costs 33. Costs Due heck No. J0. 00 25'C?' Q3b. 15 .:r.GO 5 (r ?J Il?l3 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41 F e LN 0 SO SWERS . A FIRMED and subscrib d to before me this 42. day of - CiAv , 20.-,}543. 3 44 Dep. Sherriifff 1 y L 454 - DATE2S_ - PR V /NOTARY q6 Signature of York 47. DATE -- County Sheriff T .rLLLIAN C'1 IhdoL J31'?i?1iC .J L'? } 48 Signature of Foreign 49. DATE County Sheriff 50 4% KNOWLEDGE RECEIPT OF THE SHERfFF/S RETURN SIGNATURE 51. DATE RECEIVED UTHORIZED ISSUING AUTHORITY AND TITLE 01 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor S- - 1.71 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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) un_ASn