HomeMy WebLinkAbout06-5432
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff ,
CIVIL DIVISION
ARBITRATION DIVISION
No. OlD- S:l/3~ C,'uiL/~
UNIFUND CCR PARTNERS,
vs.
COMPLAINT IN CIVIL ACTION
MICHAEL D. REED,
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.
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No.
UNIFUND CCR PARTNERS,
Plaintiff,
vs.
MICHAEL D. REED,
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 ASSOCIA110N
32 SOUTH BEDFORD STREET
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, 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 AsSOCIA110N
32 SOUTH BEDFORD STREET
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 First Usa Bank.
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.
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l No. CL. -5'{3~ c.;~L~~
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UNIFUND CCR PARTNERS,
Plaintiff ,
vs.
MICHAEL D. REED,
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 D. Reed is an individual and a resident of
8 Scrafford Street , Shippensburg 17257.
3. On or about August 23, 1996, the Defendant applied for and was
approved to receive a First Usa Bank Credit Card (hereinafter "Account"). Such Account
was issued at Account Number 5422702015183643.
4. The Defendant utilized such Account and incurred a balance due
and owing.
5. As of June 7, 2006, the Defendant owed $5,191.82 in principal, and
$2,723.00 in interest. The total amount owed is $7,914.82. 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:
$7,914.82
$1.582.96
$9,497.78
9. The Account has been assigned by FIRST USA BANK to the Plaintiff
including all rights to collect the amount due from the Defendant.
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WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment
be entered in its behalf and against the Defendant, Michael D. Reed, in the sum of
$9,497.78 plus costs and interest.
TUCKER ARENSBERG, P.C.
By
TUCKER A SBERG, 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 MICHAEL D REED, Account Number 5422702015183643, the amount of
$7914.82 (principal balance in the amount of$5191.82 plus interest up through 06/07/2006 in the amount
of $2723.00). 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
Chase Bank USA NA's account was issued under the name of FIRST USA BANK. 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.
CCR PARTNERS
By: Kim Kenney
Media Supervisor
10625 Techwoods Circle Cincinnati. OR 45242
Address
e this I dfY of June. 2006
Year
Notary Public
My commission Expires
EXHIBIT
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VERIFICA TION
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. 84904 relating to unsworn falsification to authorities.
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Chris Bryan.
Unifund CCR Partners
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 2006-05432 P
PRAECIPE FOR ENTRY OF DEFAULT
JUDGMENT
vs.
MICHAEL D. REED,
Defendant.
Filed on behalf of Unifund CCR
Partners, Plaintiff
Counsel for Unifund CCR Partners:
Jonathan S. McAnney, Esquire
Pa.I.D.#s0041
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,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2006-05432 P
vs.
MICHAEL D. REED,
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 $9,497.78 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.
Date: October 17,2006
By:
Jonath
Pa.I.D 50041
Couns I for Unifund CCR Partners:
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,
Plaintiff,
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No. 2006-05432 P
VS.
MICHAEL D. REED,
Defendant.
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 $9,497.78
Total $9,497.78
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
By:
Jonatha
Pa.I.D # 0041
TUCK ARENSBERG, P.C.
1500 e PPG Place
Pittsburgh, PA 15222
(412) 566-1212
This ~ day of O~-.l-, :Lt::::CJ~ , judgment is entered in favor of Plaintiff and against
Defendant by default for want of an answer and damages assessed at the sum of $9,497.78 as
per the above certification.
berland County
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
CIVIL DIVISION
ARBITRATION DIVISION
Plaintiff,
No. 2006-05432 P
vs.
TEN DAY NOTICE
MICHAEL D. REED,
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
) CIVIL DIVISION
) ARBITRATION DIVISION
)
) No. 2006-05432 P
)
)
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)
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Vs.
MICHAEL D. REED,
Defendant.
TO: Michael D. Reed
8 Scrafford Street
Shippensburg, PA 17257
DATE OF NOTICE: October 3, 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
squire
:
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 October 3, 2006:
Michael D. Reed
8 Scrafford Street
Shippensburg, PA 17257
Jonathan S
Pa.I.D.#5
TUCKER
1500 One
Pittsburgh,
~nney, Esquire
41
ENSBERG, P.C.
PG Place
A 15222
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
UNIFUND CCR PARTNERS,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2006-05432 P
vs.
MICHAEL D. REED,
Defendant.
NOTICE OF JUDGMENT
To: Michael D. Reed
8 Scrafford Street
Shippensburg, 17257
You are hereby notified that a judgment was entered against you and in favor of
Plaintiff in the above-captioned proceeding on Dd- .:( ~ .<~c..- . The
default judgment is in the amount of $9,497.78 plus costs of suit.
~~
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05432 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
UNIFUND CCR PARTNERS
VS
REED MICHAEL D
ROBERT BITNER
, Sheriff or Deputy Sheriff of
cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
REED MICHAEL D
the
DEFENDANT
, at 2040:00 HOURS, on the 20th day of September, 2006
at 8 SCRAFFORD STREET
SHIPPENSBURG, PA 17257
by handing to
MARTHA REED, MOTHER
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
Service
Affidavit
Surcharge
So Answers:
Sworn and
18.00
18.48
.00
10.00
.00
46.48/
!flftw!lC" ~
Subscibed to
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R. Thomas Kline
09/21/2006
TUCKER ARENSBERG
day
B~~~
Deputy Serif
before me this
of
A.D.