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Home My WebLink About02-51561N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. KENNETH S. PEARL 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#02648838 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. KENNETH S. PEARL 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 Plaintiff is a corporation with offices at P.O. Box 2388, Doraville, Georgia 30362-2388. 2. Defendant is an adult individual residing at 6311 Bayshore Road, Mechanicsburg, CUMBERLAND County, Pennsylvania 17050. 3. Defendant applied for and received a MASTERCARD credit card issued by Plaintiff's assignor bearing the account number 5458-0045-1314-9417.. 4. Defendant made use of said MASTERCARD credit card and has currently a balance due and owing to Plaintiff, as of August 31, 2001, in the amount of $1,226.58, 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 Plaintiff thereby 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 August 31, 2001 to October 1, 2002 amount to $79.85. 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, Kenneth S. Pearl individually, in the amount of $1,306.43 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. William-q~. Mol ' n, ~iuire PA I.D. #47437 ; WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02648838 OSI Funding, LLC LITIGATION NETWORK Post Office Box 2388 Doraville, Georgia 30362-2388 800-945-0007 AUGUST 1, 2002 KENNETH S PEARL 6311 BAYSHORE RD MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: OSI Funding LLC Acct Number: Original Creditor: Original Account Number: Write OffDate (Charge OffDate): Principle Balance: Balance Due: Interest Rate: KENNETH S PEARL 3952342258 DIRECT MERCHANTS BANK 5458004513149417 08/31/01 $1,226.58 $1226.58 6.% EXHIBIT WWW VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to authorities, that he/she is Helena Hobbs ~7/ ~dx0~¥9"}'"' of (-~T ¥ccaOf,.~...s~__ (Name),plaintiffherein, that (Title) (Company) ~ he/she is duly attthorized to make this Verification, and that the facts set fo~h in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) SHERIFFIS RETURN - REGULAR CASE NO: 2002-05156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSI FUNDING LLC VS PEARL KENNETH S RONALD HOOVER , Sheriff er Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COHPLAINT & NOTICE was served upon PEARL KENNETH S the DEFENDANT at 1114:00 HOURS, at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH PEARL on the 28th day of October 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~ ~ day of %~t'~u~ ~J~.~ ~ O~0 ~-~ A.D. ' P~othonotary ~ ~ So Answers: R. Thomas Kline 10/29/2002 WELTMAN WEINBERG REIS By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. KENNETH S. PEARL Defendant No. 02-5156 CD, rlL TERM PRAECIPE TO SETTLE, DISCONTINUE & END FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. 1.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Btfilding 436 Seventh Aveynue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648838 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION OSI FUNDING, L.L.C., ASSIGNEE OF DIRECT MERCHANTS BANK Plaintiff VS. Civil Action No. 02-5156 CIVIL TERM KENNETH S. PEARL Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. Sworn to and subyrib/ed Before me the "--/ , Day of December, ~902 ~ ~ NOTARY~j~ WELTMAN, WEINJ3ERG & REIS CO., L.P.A. By: ~//~T~/~~'/ ~-~-- William T. Molczan, Esqui~~' PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648838