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Home My WebLink About06-5812IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. Q(, - V/, Cvs. COMPLAINT IN CIVIL ACTION PAUL A. MATTUS, 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 LIT:403346-1 014636-128846 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS Plaintiff, ) vs. ) No. PAUL A. MATTUS, ) 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 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 STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONEE LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERI` CON INFORMAC16N 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 32 SOUTH BEDFORD STREET CARLISLE, PA 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 UNIFUND CCR PARTNERS, Plaintiff, ) vs. ) No. Olo - 5'1l.Z PAUL A. MATTUS, )) Defendant. ) COMPLAINT IN CIVIL ACTION Gut- ?&--n 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, Paul A. Mattus is an individual and a resident of 514 Partridge Court, Mechanicsburg, PA 17050. 3. On or about August 19, 1987, the Defendant applied for and was approved to receive a First Usa Bank Credit Card (hereinafter "Account"). Such Account was issued at Account Number 5422702004956744. 4. The Defendant utilized such Account and incurred a balance due and owing. 5. As of June 7, 2006, the Defendant owed $12,397.99 in principal, and $6,233.96 in interest. The total amount owed is $18,631.95. 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 $18,631.95 Reasonable Attorney's Fees (20%) $3,726.39 TOTAL: $22,358.34 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, Paul A. Mattus, in the sum of $22,358.34 plus costs and interest. TUCKER ARENSBERG, P.C. By Jonat n'S. McAnney, Esquire 1101 #50041 Codhs4l 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 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 PAUL A MATTUS, Account Number 5422702004956744, the amount of $18631.95 (principal balance in the amount of $12397.99 plus interest up through 06/07/2006 in the amount of $6233.96). By the terms of the agreement between the defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 23.24 percent per annum. This balance reflects any payments, credits or offsets made since the account was charged off. Chase Bank USA NAs 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. DATED this June 7, 2006 CCR PARTNERS By: Kim Kenney Media Supervisor 10625 Techwoods Circle Cincinnati, OH 45242 Address Subscribed and swollen t 7 .1ePe this 7 da-0 of June, 2006 11 otary My commission Expires Client # 215 EEXHIBIT ?PRIAI S? '%,?? KATHRYN HA gO TEROF OHIO Comm. Expires October 11, 2010 ,t S?,9lE,OF'? ?? 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 Chris Bryan Unifund CCR Partners N . , 0 . w y T, FTI- A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, V. PAUL A. MATTUS, Defendant. CIVIL DIVISION No. 06-5812 Civil Term ANSWER AND NEW MATTER OF DEFENDANT, PAUL A. MATTUS COMES THE DEFENDANT, Paul A. Mattus, and sets forth the following as his Answer and New Matter in this case: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. DENIED AS STATED. 5. DENIED AS A CONCLUSION OF LAW. Further DENIED in that any amounts said to be owed are barred by the statute of limitations, laches, and delay on the part of the Plaintiff in pursuing their claim. 6. DENIED. No written or oral demands for payment have been made within any statute of limitations. 7. DENIED AS SET FORTH ABOVE. All of Plaintiff's claims are barred by the statute of limitations. 24459_1.DOC V 8. DENIED. No amounts are owed because none were charged by Defendant Mattus and the statute of limitations bars all claims. 9. Answering Defendant, Paul A. Mattus, is without sufficient information to admit or deny the allegations of this paragraph. WHEREFORE, Defendant Paul A. Mattus demands judgment in his favor. NEW MATTER 10. Plaintiff s claims are barred by the statute of limitations, laches, and other delay. All of Plaintiffs claims are older than permitted under any applicable statute of limitations. 11. Defendant did not incur these debts as set forth. They were incurred by others misusing Defendant's credit. WHEREFORE, Defendant Paul A. Mattus demands judgment in his favor. Kul A. Mattus Business Address: 3810 Market Street Camp Hill, PA 17011 24459_1.DOC AFFIDAVIT I, Paul A. Mattus, have reviewed the enclosed Answer and New Matter and hereby aver that, based upon information and behalf, the statements contained therein are true and correct. ,aul A. Mattus business Address: 3 810 Market Street Camp Hill, PA 17011 DATED this day of I X , 2006. 24459_1.DOC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been sent this day of 2006 to the following individual via first-class United States mail addressed as follows: Jonathan S. McAnney, Esq. TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, PA 15222 Z??_ - P 1 A. Mattus 24459_1.DOC R-:l Q C ' t`t ? ? .., am ;t_. µ s=n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, No. 2006-05812 vs. PAUL A. MATTUS, Defendant. PLAINTIFF'S REPLY TO NEW MATTER 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. No. 2006-05812 PAUL A. MATTUS, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, UNIFUND CCR PARTNERS, by its counsel, Tucker Arensberg, P.C. and files this Reply to New Matter: 10. The allegations contained in Paragraph 10 are denied. To the contrary, the last payment was made on November 2, 2004, meaning that the applicable statute of limitations does not expire until November 2, 2008. 11. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 11. Therefore, said allegations are denied and proof thereof is demanded. WHEREFORE, the Plaintiff, Unifund CCR Partners demands that judgment be entered in its behalf and against the Defendant, Paul A. Mattus, in the sum of $22,358.34 plus costs and interest. TUCKER ARENSBERG, P.C. By ney, Esquire Pa. I. Coun6el for Unifund CCR Partners: TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Attorneys for Plaintiff -2- VERIFICATION The undersigned verifies that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief and understand the statements therein made are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Ow 6?= Chris Bryan CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Reply to New Matter was sent via first class U.S. mail, postage prepaid, on this day of November, 2006, to the following counsel of record: Paul A. Mattus 3810 Market Street Camp Hill, PA 17011 r-? ?? ?..5 _ ` '?7 ` ?-? ..... ? , _ -'r (`'?) ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-05812 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNIFUND CCR PARTNERS VS MATTUS PAUL A WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MATTUS PAUL A the DEFENDANT at 2045:00 HOURS, on the 19th day of October 2006 at 514 PARTRTT-)C;R rnTTRT MECHANICSBURG, PA 17050 by handing to PAM A MATTUS, WIFE 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: So Answers: Docketing 18.00 Service 10.56 ?r Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.56,x-10/20/2006 n 1I, `y 00 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day puty Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, CIVIL DIVISION ARBITRATION DIVISION Plaintiff, vs. PAULA. MATTUS, No. 2006-05812 PETITION FOR APPOINTMENT Defendant. OF ARBITRATORS Filed on behalf of Unifund CCR Partners, Plaintiff Counsel for Unifund CCR Partners: Jonathan S. McAnney, Esquire Pa. I.D. No. 50041 Danielle L. Hodnicki, Esquire PA I.D. No. 200767 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, vs. PAULA. MATTUS Defendant. No. 2006 - 05812 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jonathan S. McAnney, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $22,358.84. There is no counterclaim of the defendant in the action. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: None known. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 4na an S.Mc n ey, squ re PA. I.D. No. 50041 Danielle L. Hodnicki, Esquire PA I. D. No: 200767 Counsel for Plaintiff TUCKER ARENSBERG, P.C. 1500 One PPG Place Pittsburgh, PA 15222 February 9, 2007 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS was sent via first class U.S. mail, postage prepaid, on this day of February, 2007, to the following party of record: Paul A. Mattus 3810 Market Street Camp Hill, PA 17011 r ? t Danielle L. odnickl LITA 13214-1 014636-128846 ? ra O cr% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNIFUND CCR PARTNERS, Plaintiff, vs. PAUL A. MATTUS Defendant. No. 2006 - 05812 ORDER OF COURT AND NOW, , 2007, in consideration of the foregoing petition, w - Esquire, and Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. By the Court, P. J. L I T:413214-1 014636-128846 `" ' e 11 UNIFUND CCR PARTNERS, Plaintiff V. PAUL A. MATTUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2006-5812 ENTRY OF APPEARANCE TO THE CLERK: Kindly enter the appearance of Bruce J. Warshawsky, Esquire on behalf of Cunningham & Chernicoff, P.C., as attorney of record for the Defendant, Paul A. Mattus, in the above- captioned matter. Date: June 21, 2007 By:' ruce J. Wars sky, Esquire 2320 North ont Street Harrisburg, PA 17110 Telephone: (717) 238-6570 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, hereby certify a true and correct copy of the foregoing ENTRY OF APPEARANCE will be served by electronic means and/or first-class U.S. mail on the following parties indicated: Jonathan S. McAnney, Esquire Tucker Arensburg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 Richard W. Stewart, Esquire Johnson Duffie 301 Market Street Lemoyne, PA 17043 CUNNINGHAM & CHERNICOFF, P.C. ? ulieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: June 21, 2007 F:\I lome\BJ W\DOCS\MATTUS\Collection\Unifund\Entry.wpd r"'v ?i??t " G ? : Z ? f ??' ? ? ? [ ? ? ?' ? ? ? p