Loading...
HomeMy WebLinkAbout05-0673IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. OS - L' 3 (21 v????IZ vs. COMPLAINT IN CIVIL ACTION JAMES C. TAYLOR, 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:346721-1 014636-118389 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, ) vs. No, S (o ?i v , C ?IL? JAMES C. TAYLOR, ) 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 PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERI= INFORMACION 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, vs. Plaintiff, JAMES C. TAYLOR, Defendant. No. OS - (D 73 otu?L(_? 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, James C. Taylor is an individual and a resident of 140 Springs Ter., Newville, PA 17241. 3. On or about December 7, 1995, the Defendant applied for and was approved to receive a Bank One-Flex Credit Card (hereinafter "Account'). Such Account was issued at Account Number 4266869995028056. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of March 17, 2004, the Defendant owed $5,163.50 in principal, and $2,601.45 in interest. The total amount owed is $7,764.95. 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 $7,764.95 Reasonable Attorney's Fees (20%) $1,552.99 TOTAL: $9,317.94 9. The Account has been assigned by Bank One-Flex 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, James C. Taylor, in the sum of $9,317.94 plus costs and interest. TUCKER ARENSBERG, P.C. By Janelle F. Miller, Esq ire 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 unswom falsification to authorities. Christina M. BryUnifund 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 James C Taylor, Account Number 4266869995028056, the amount of $7764.95 (principal balance in the amount of $5163.50 plus interest up through 03/17/2004 in the amount of $2601.45). 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 - FLEX. Unifund CCR Partners purchased this account from BANK ONE - FLEX. 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 2004 C ARTNERS By: Jessica Bergholz Media Supervisor 10625 Techwoods Circle Cincinnati OH 45242 A Address Subscribed and sworn to before This 17 day otary My commission Expires Client # 215 iRY F'Uk3LIC OHIO MY COMMISS+ON EXPIRES MARCH 5, 2007 w LI1 , ^D w c? rr, DV3 Curtis R. Long Prothonotary Office of the Protbonotary Cumberfaub Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6.5 - L 13 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)')en_Kc??