HomeMy WebLinkAbout06-5431
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff ,
CIVIL DIVISION
ARBITRATION DIVISION
No. 0(..- SLf3( (}'u~l. ~'1
COMPLAINT IN CIVIL ACTION
UNIFUND CCR PARTNERS,
vs.
DIANE l MOUl,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#5004150041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
L1T:402091-1 014636-014524
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
)
)
)
)
)
)
)
)
)
No.
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
DIANE L MOUL,
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 an 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
32 SOUTH BEDFORD SmEET
CARLISLE, P A 17013
1-800-990-9108
717-249-3166
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN
ABOGADO, VA Y A 0 LLAME POR TELEFONEE LA OFICINA FIJADA AQUf ABAJO. EST A OFICINA
PUEDE PROVEERE CON INFORMACI6N DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACI6N ACERA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD SmEET
CARLISLE, P A 17013
1-800-990-9108
717-249-3166
VALIDATION NOTICE
This complaint has been sent in an attempt to collect a debt. Any information
obtained from you will be used for that purpose. Unifund CCR Partners is the
current owner of the credit card account formerly owned by Fusa - Titanium.
Unless you dispute the validity of this debt, or any portion thereof, within 30 days
after receipt of this notice, the debt will be assumed to be valid. If you notify the
undersigned in writing within 30 days from your receipt of this complaint that the
debt, or any portion thereof, is disputed, the undersigned will obtain verification
of the debt, and a copy of the verification will be mailed to you. Upon written
request within 30 days from your receipt of this complaint, the undersigned will
also provide you with the address of the original creditor.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
)
)
)
~ No. tJt .5Cf31 ~ ~
)
))
)
)
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
DIANE l MOUl,
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, Diane L Moul is an individual and a resident of 5401
Oxford Dr Apt 15, Mechanicsburg, PA 17055.
3. On or about August 19, 1998, the Defendant applied for and was
approved to receive a Fusa - Titanium Credit Card (hereinafter IlAccountll). Such Account
was issued at Account Number 5417126798216916.
4. The Defendant utilized such Account and incurred a balance due
and owing.
5. As of June 7, 2006, the Defendant owed $8,056.92 in principal, and
$4,807.03 in interest. The total amount owed is $12,863.95. 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
Reasonable Attorney's Fees (20%)
TOTAL:
$12,863.95
$2.572.79
$15,436.74
9. The Account has been assigned by FUSA - TITANIUM 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, Diane L Moul, in the sum of
$15,436.74 plus costs and interest.
TUCKER ARENSBERG, P.C.
By
Counsel for Unifund CCR Partners:
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
Attorneys for Plaintiff
- 3-
AFFIDAVIT OF INDEBTEDNESS
State of Ohio)
County of Hamilton ) ss.
Kim Kenney 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 DIANE L MOUL, Account Number 5417126798216916, the amount of
$12863.95 (principal balance in the amount of $8056.92 plus interest up through 06/07/2006 in the amount
of$4807.03). By the terms of the agreement between the defendant and the original creditor, interest is
accruing from the aforesaid date at the rate of24.74 percent per annum. This balance reflects any payments,
credits or offsets made since the account was charged off
Chase Bank USA NA's account was issued under the name ofFUSA - TITANIUM. Unifund CCR Partners
purchased this account from Chase Bank USA NA. Said account has been referred to 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.
this June 7, 2006
CCR PARTNERS
By: Kim Kennev
Media Supervisor
10625 Techwoods Circle Cincinnati, OH 45242
Address
this 7 day of June, 2006
, Year
My commission Expires
Client # 215
\\\\\\1111/1//1/
",\\\\ ~'AL //////
" 0:\1'........ s~ //
/~.....'\\ '1t....1~ ~~
,,'....~ ~'" ~
: : --.....;.:, " ::
. . -
. . -
. -
EXHIBIT
,
............. .....- ~~, .... $......
'.J'~,...""""o' ,'>.,\0,,"
'1: OF ,'(, .,'
KATHRYN HALPIN
NOTARY PUBLIC
STATE OF OHIO
Comm. Expires
October 11,2010
l
D
B
A
VERIFICATION
The undersigned verified 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.
()v,' ~
Chris Bryan.
Unifund CCR Partners
t', .1
(::) {Q.
~llr1
r--- ~
'- "-' (J
;:r ~ V
~ ~ ~
'\y ~
~
-,',
'. .. '-"1;]
~::; ~
-
'.
"
.,
..;""", :=<.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
Plaintiff,
ARBITRATION DIVISION
vs.
No. 06-5431 Civil Term
DIANE L. MOUL,
PRAECIPE TO REINSTATE COMPLAINT
Defendant.
Filed on behalf of Plaintiff:
Unifund CCR Partners
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKERARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
L1T:404378-1 014636-128943
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
Plaintiff,
ARBITRATION DIVISION
vs.
No. 06-5431 Civil Term
DIANE L. MOUl,
Defendant.
PRAECIPE TO REINSTATE COMPLAINT
TO: Prothonotary
Kindly reinstate the Complaint in the above-captioned matter.
Respectfully submitted:
TUCKER ARENSBERG, P.C.
By:
Jonat S. McAnney, Esquire
PA I 0.50041
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
E
s..
ttlcrl
rn
_'Xl
-,7 r
U;l-:
-<~.
,<:t. .
2:: C.~_.'
Z.O
~c:
z
::2
.....,
c::;:)
c;::J
c:r"'
o
("")
--t
o
.,.,
~:n
-ofn
:0 CO)
OC1
--:t -r I
:r: ""1'1
90
--m
~
~
':<
co
-0
:Jt
.s::-
U1
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-05431 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
MaUL DIANE L
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
MaUL DIANE L
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, MaUL DIANE L
5401 OXFORD DR APT 15
MECHANICSBURG, PA 17055
5401 OXFORD DRIVE IS VACANT. DEFENDANT IS LIVING
IN WAYNESBORO.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
9.68
5.00
10.00
.00
42.68 ;/
I Olf)~ //)1. 4.v
SO~
R. Thomas ine
Sheriff of Cumberland County
TUCKER ARENSBERG
09/27/2006
Sworn and Subscribed to before
me this
day of
A.D.
~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-05431 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
MOUL DIANE L
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:
MOUL DIANE L
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of FRANKLIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On November 16th, 2006 , this office was ln receipt of the
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
Postage
18.00
9.00
10.00
46.77
.87
84 . 64 ./ /11.10 6(,
11/16/2006
TUCKER ARENSBERG
County
attached return from FRANKLIN
Sworn and subscribe to before me
this
day of
A.D.
.
I(
In The Court of Common Pleas of Cumberland County, Pennsylvania
Unifund CCR Partners
vs.
Diane L. Maul
No.
06-5431 civil
Now,
October 19, 2006
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r~~
Sheriff of Cum berland County. P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
.20
- -
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
Sworn and subscribed before
me this _ day of
$
.
SHERIFF'S RETURN - REGULAR
__iC' .
CASE NO: 2006-00239 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
UNIFUND CCR PARTNERS
VS
DIANE L MOUL
TIMOTHY B. HOPPLE
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMP CIVIL ACTION
was served upon
MOUL DIANE L
the
PLAINTIFF
, at 0015:25 Hour, on the 2nd day of November, 2006
at 13061 WELTY ROAD
APT 16
WAXNESBORO, PA 17268
JOHN WILSON (ROOMMATE)
by handing to
a true and attested copy of COMP CIVIL ACTION
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
''(eting
Service
Affidavit
Surcharge
So Answers:
.00
.00
.00
.00
.00
.00
TIMOTHY B. HOPPLE
By ?~~
Deputy riff
11/08/2006
TUCKER ARENS BERG P.C.
Sworn and Subscribed to before
~\\,
me this l' day of
C() Q\~hA ;
~&!
Notarial Seal
Richard D. McCarty, Notary Public
Chambersburg 80m, Franklin County
My Commission ExpIres Jan. 29, 2007
. ~
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS, CIVil DIVISION
Plaintiff,
vs.
DIANE l MOUl,
Defendant.
128943
L1T:413470-1 014636-128943
ARBITRATION DIVISION
No. 2006-5431 Civil
PRAECIPE FOR ENTRY OF DEFAULT
JUDGMENT
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKER ARENSBERG, 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, )
Defendant.
)
)
)
)
)
)
)
)
Plaintiff,
No. 2006-5431 Civil
vs.
DIANE l MaUL,
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 $15,436.74 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.
Jonatha
Pa. 1.0.
Counse
TUCKE
Firm #2
1500 One PPG Place
Pittsburgh, PA 15222
412-566-1212
McAnney, Esquire
0041
r Unifund CCR Partners:
ARENSBERG, P.C.
Date: February /.2, 2007
By:
L1T:413470-1 014636-128943
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
)
)
)
)
)
)
)
)
)
No. 2006-5431 Civil
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
DIANE L MOUL,
PRAECIPE FOR DEFAULT JUDGMENT
To the Prothonotary:
Enter judgment in favor of Plaintiff and against: Defendant for want of an
answer.
Assess Damages as follows:
Debt $15,436.74
Total $15,436.74
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR A SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this
praecipe was mailed and delivered to the party against whom judgment is to be entered and to
his attorney of record, if any, after the default occurred and at least ten (10) days prior to the
date of filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1
This I/"'~ day of 3:f'~ :J.O~7
By:
Jonathan
Pa.I.D.# 041
TUCKER ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
, judgment is entered in favor of Plaintiff and against
Defendant by default for want of an answer and damages assessed at the sum of $15,436.74 as
per the above certification.
erland County
L1T:413470-1 014636-128943
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVil DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 2006-5431 Civil
vs.
TEN DAY NOTICE
DIANE l MOUl,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#50041
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, PA 15222
(412) 566-1212
128943
L1T:413470-1 014636-128943
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
) CIVIL DIVISION
) ARBITRATION DIVISION
)
) No. 2006-5431 Civil
)
)
)
)
)
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
DIANE L MOUL,
TO: Diane L Moul
13061 Welty Road
Apt. 16
Waynesboro, PA 17268
DATE OF NOTICE: December 6, 2006
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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
Jonathan cAnney, Esquire
Pa.I.D. 5 041
Counsel 0 Plaintiff
TUCKE RENSBERG, P.C.
1500 On 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 December 6,2006:
Diane L Moul
13061 Welty Road
Waynesboro, PA 17268
Jona n S. McAnney, Esquire
Pa. .D #50041
TU R ARENSBERG, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
t ^' (::)
'L~\.
~ ~ ~
~ ~ ~
! ~ t'
~
.(Q"
~
,
C>
0-
~
J
""'[.leu
q:i (.J.}
:;~:':' ..:-~.-
?~J.'j'>
r-
~~
~
,..",
() co
c ~
.."
M
CD
~
~~
:;38
."') .L
0"\ '~". C.l
:~~ ~~-i
-o~"! (")
::It csm
~"-l
N ~
N
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendant.
)
)
)
)
)
)
)
)
)
No. 2006-5431 Civil
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
DIANE l MOUl,
NOTICE OF JUDGMENT
To: Diane l Moul
13061 Welty Road
Waynesboro, PA 17268
You are hereby notified that a j~ent was entered against you and in favor of Plaintiff
in the above-captioned proceeding on --b J (,. )",('')~7 . The default judgment is
in the amount of $15,436.74 plus costs of suit. r
/i'5#;
L1T:413470-1 014636-128943