HomeMy WebLinkAbout05-1259
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. or - / :J.s9
Ciu~ l~V2ht
vs.
COMPLAINT IN CIVIL ACTION
CAROLYN BRETZ,
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:311611-1 014636-115441
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. O~ -/2.W e-L->L't-0L\
vs.
CAROLYN BRETZ,
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 lake 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,
Plaintiff,
)
)
)
~ No. D5' - as'""j' C~LL'--r9L-1
)
)
)
)
)
)
vs.
CAROLYN BRETZ,
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, Carolyn Bretz is an individual and resident of 612
3rd Street, Enola, PA 17025.
3. On or about August 1, 1995, the Defendant applied for and was
approved to receive a Citibank Credit Card (hereinafter "Account"). Such Account was
issued at Account Number 4128003251320779.
4. The Defendant utilized such Account and incurred a balance due
and owing.
5. As of August 25, 2003, the Defendant owed $3,400.24 in principal,
and $2,150.99 in interest. The total amount owed is $5,551.23. See the Affidavit of
Indebtedness attached hereto as Exhibit "An 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:
$5,551.23
$1,110.25
$6,661.48
9. The Account has been assigned by Citibank to the Plaintiff including
all rights to collect the amount due from the Defendant.
WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment
be entered in its behalf and against the Defendant, Carolyn Bretz, in the sum of
$6,661.48 plus costs and interest.
TUCKER ARENS BERG, P.C.
By :JAJnUih~~
1/ Janelle F. Miller, Es uire
Pa.I.D.#92856
Counsel for Unifund CCR Partners:
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
VERIFICATION
The undersigned verifies that the statements made in the foregoing
Complaint are true and correct to the best of her knowledge, information and belief and
understands the statements therein made are made subject to the penalties of 18
Pa.C.S. 94904 relating to unsworn falsification to authorities.
Ch~M~
Unifund CCR Partners
AFFIDAVIT OF INDEBTEDNESS
State of Ohio)
County of Hamilton) ss.
.
.
Jessica Bergholz being sworn, deposes and says that she is Media Supervisor ofUnifund CCR Partners
herein called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and
that she is authorized to make the statements and representations herein.
The defendant is not in any branch of the military.
There is due and payable from CAROLYN BRETZ, Account Number 4128003251320779, the amount
of$ 5551.23 (principal balance in the amount of$ 3400.24 plus interest up through 08/25/2003 in the
amount of$ 2150.99). By the terms ofthe 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 Citibank. Unifund CCR Partners purchased this account from
Citibank. 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.
Notary Public
DATED this 09 December 200-3.
/
UNIFUN~RTNERS
By: Jessica Bergholz Media Supervisor
Title
10625 Techwoods Circle Cincinnati. OH 45242
Address
;ent#215
to before me this 2 day of December ,2003
Year
My commission expires
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092003-0074
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-01259 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
BRETZ CAROLYN
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BRETZ CAROLYN
th
DEFENDANT
, at 1945:00 HOURS, on the 17th day of March
2005
at 612 3RD STREET
ENOLA, PA 17025
by handing to
FRANK BRETZ, HUSBAND
a true and attested copy of COMPLAINT & NOTICE
together w.th
and at the same time directing His attention to the contents the eof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.10
.00
10.00
.00
39.10
So Answers:
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R. Thomas Kline
/,,:{e~
...~'i ........ ;.-- "'
03/18/2005
TUCKER ARENS BERG
Sworn and Subscribed to before By:
,
of
me
.~~
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 05-1259
PRAECIPE FOR ENTRY OF DEFAULT
JUDGMENT
vs.
CAROLYN BRETZ,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Janelle F. Miller, Esquire
Pa.I.D.#92856
TUCKERARENSBERG,P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
L1T:359185-1 014636-115441
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, )
)
Plaintiff, ) No. 05-1259
)
vs. )
)
CAROLYN BRETZ, )
)
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 $6,661.48 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.
/'
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Date: :).~) \.;
By:~WiA-g1,~
J elle F. Miller, EsquIre
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. 05-1259
vs.
TEN DAY NOTICE
CAROLYN BRETZ,
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:357505-1 014636-115441
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
) CIVIL DIVISION
) ARBITRATION DIVISION
)
) No. 05-1259
)
)
)
)
)
Plaintiff,
vs.
CAROLYN BRETZ,
Defendant.
TO: Carolyn Bretz
612 3rd St.
Enola, PA 17025
DATE OF NOTICE: April 14, 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) 990-9108
~
Jan iller, Esquire
P . I.D. #92856
C ns I for Plaintiff
TU R 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 April 14, 2005:
Carolyn Bretz
612 3rd Sl.
Enola, PA 17025
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, )
)
Plaintiff, ) No. 05-1259
)
vs. )
)
CAROL YN BRETZ, )
)
Defendant. )
NOTICE OF JUDGMENT
To: Carolyn Bretz
612 3rd St.
Enola, PA 17025
You are hereby notified that a judgment was entered against you and in favor of
Plaintiff in the above-captioned proceeding on fYI'ri_y s: ~C:<Q.) . The
default judgment is in the amount of $6,661.48 plus costs of suit.
'----
~ 0--..0 /P 7fOJ/J~T&/
Deputy