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Home My WebLink About02-51551N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C,, ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. MARGARET A. CIZIO Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648799 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. MARGARET A. CIZIO Defendant Civil Action No. COMPLAINT IN CIVIL ACTION AND 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT Plaintiffis a corporation with offices at P.O. Box 2388, Doraville, Georgia 30362-2388. 2. Defendant is an adult individual residing at 4D Dogwood Lane, Carlisle, CUMBERLAND County, Pennsylvania 17013. 3. Defendant applied for and received a MASTERCARD credit card issued by Plaintiff's assignor bearing the account number 5458-0000-1212-2152.. 4. Defendant made use of said MASTERCARD credit card and has currently a balance due and owing to Plaintiff, as of July 31, 2001, in the amount of $4,283.13, as shown by Plaintiff's Affidavit of Indebtedness attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiffthereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 6% per annum on the unpaid balance. 7. Plaintiff avers that finance charges calculated at the aforesaid rate from July 31, 2001 to October 1, 2002 amount to $300.64. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Margaret A. Cizio individually, in the amount of $4,583.77 with continuing finance charges thereon at the rate of 6% per annum plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANy INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02648799 OSI Funding, LLC LITIGATION NETWORK Post Office Box 2388 Doraville, Georgia 30362-2388 800-945-0007 JULY 31,2002 MARGARET A CIZIO 4D DOGWOOD LN CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: 0SI Funding LLC Acct Number: Original Creditor: Original Account Number: Write Off Date (Charge 0ffDate): Principle Balance: Balance Due: Interest Rate: MARGARET A CIZIO 3952333732 DIRECT MERCHANTS BANK 5458000012122152 07/31/01 $4,283.13 $4283.13 6.% IF-.XHIBIT I WWW VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to attthorities, that he/she is Helena Hobbs of k,~J '--)4 -tx~\l~._ , plaintiff herein, that (Title) (Company) (_J he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) SHERIFFIS RETURN - CASE NO: 2002-05155 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND OSI FUNDING LLC VS CIZIO MARGARET A REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CIZIO MARGARET A the DEFENDANT at 2038:00 HOURS, at 4D DOGWOOD LANE CARLISLE, PA 17013 JOHN CIZIO, BROTHER a true and attested copy of on the 29th day of October 2002 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this ~ day of i ~Prothonotary / So Answers: 10/30/2002 WELTMAN WEINBERG REIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. MARGARET A. CIZIO Defendant No. 02-5155 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648799 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. MARGARET A. CIZIO Defendant Civil Action No. 02-5155 PRAECIPE FOR DEFAULT JUDGMENT TO THEPROTHONOTARY: Kindly enter Judgment against the Defendant, Margaret A. Cizio, above named, in the default of an Answer, in the amount of $4,637.27 computed as follows: Amount claimed in Complaint Interest from 10/2/02 to 12/12/02 at the legal interest rate of 6% per annum TOTAL $4,583.77 $53.50 $4,637.27 I hereby certify that appropriate Notice of Default, as attached has been mailed in accordance with PA R.C.P. 237.1 on the date indicated on the Notice. WELTMAN, WEINBERG & REIS CO., LP.A. WILLIAM T. MOLCZ~, ESQUIRE PA I.D.#47437 ~ Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648799 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., LP.A., 2718 Koppers Building, 436 7th * PA 15219 ,~venue, Pittsburgh, And that the last known address of the Defendant is: 4 Dogwood Lane, #D, Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS, Civil Action No. 02-5155 Civil Term MARGARET A. CIZIO Defendant IMPORTANT NOTICE. TO: Margaret A. Cizio 4 Dogwood Lane, #D Carlisle, PA 17013 Date of Notice: / ~ c~'6; ~:::20'7.._.__ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTIOE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan '~ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02648799 VERIFICATION. The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. WILLIAM T. MOLCZ~, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ww R#02648799 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff No. 02-5155 VS. MARGARET A. CIZIO PRAECIPE FOR WRIT OF EXECUTION (PERSONAL PROPERTY EXECUTION ONLY) Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I.D.g47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648799 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSi FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. MARGARET A. C1ZIO Civil Action No. 02-5155 Defendant PRAECIPE FOR WRIT OF EXECUTION ~PERSONAL PROPERTY EXECUTION ONLY) TO THEPROTHONOTARY: Kindly issue a Writ of Execution in the above matter... directed to the Sheriff of Cumberland County: agafl~st Margaret A. Cizio, Defendant Judgment Amount Interest at the rate of 6% per annum fi'om 12/23/02 to 3/4/03 SUBTOTAL: Costs (to be added by Prothonotary): $4,637.27 $54.12 $4,691.39 WELTMAN, WEINBERGj~t REIS CO., L.P.A. PA. I.D.#47437 J WELTMAN, WEINBERG/& REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648799 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5155 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK, Plaintiff (s) From MARGARET A. CIZlO, 4 DOGWOOD LANE, #D, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY AT 4 DOGWOOD LANE, #D, CARLISLE, PA 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,637.27 L.L. $.50 Interest 6% PER ANNUM FROM 12/23/02 TO 3/4/03 - $54.12 Atty's Corem % Due Prothy Atty Paid $110.33 Other Costs Plaintiff Paid $1.00 Date: MARCH 13, 2003 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing l 8.00 Poundage 1.28 Advertising Law Library .50 Prothonotary 1.00 Mileage 4.14 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL 64.92 Advance Costs: 150.00 Sheriff's Costs: 64.92 85.08 Refunded to Atty on 12/09/03 Sworn and Subscribed to before me this ~o day of~~,t pfo~onotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK, Plaintiff VS. MARGARET A. CIZIO, Defendant No. 02-5155 PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF' RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh ,~wenue Pittsburgh, PA 15219 (412) 434-7955 wwr#026487'99 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK, Plaintiff VS. MARGARET A. CIZIO, Defendant Civil Action No. 02-5155 PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. J ames ~;~"~ Warmbrodt PA I.D//~2524 Willia/tn 'y. Molczan, Esquire PA./I. D//147437 W~L/T4VIAN, WEINBERG & REIS CO., L.P.A. 27u~8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-795,5 ~,~I~Y PUBLIC ]' WWR #02648799 .-4