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Home My WebLink About03-0151IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI, FUNDING LLC, ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY 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#02648821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI, FUND1NG LLC, ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY Defendant Civil Action No. C~ -- t/~,~[ 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 fights 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 in P.O. Box 2388 Doraville, Georgia 30362-2388. 17241. Defendant is an adult individual residing at P.O. Box 2 12 Chestnut Street Newville, PA 3. Defendant applied for and received a credit card issued by Plaintiff's assignor bearing the account number 5410581110901834. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 31,2001, in the amount of $5,150.10, as shown by Plaintiff's Statement of Account 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 16, 2002 amount to $347.95. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Nancy M. Hurley individually, in the amount of $5,498.05 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. pWiA1 iii. aDm.~T,~74M3o~7 c ;an, E;q~e WELTMAN, WE~BERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02648821 OSI Funding, LLC LITIGATION NETWORK Post Office Box 2388 Doraville, Georgia 30362-2388 800-945-0007 JULY 31, 2002 NANCY M HURLEY PO BOX 2 12 CHESTNUT ST NEWVILLE, PA 17241 STATEMENT OF ACCOUNT Debtor's Name: OSI Funding LLC Acct Number: Original Creditor: Original Account Number: Write Off Date (Charge Off Date): Principle Balance: Balance Due: Interest Rate: NANCY M HURLEY 3952338096 DIRECT MERCHANTS BANK 5410581110901834 08/31/01 $5,150.10 $5150.10 6.% EXHI WWW VERIFICATION_ The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating tounswo.~,a,¢cat,o.stoautho~'t'es,'~a~he'she's &,z~<c.c ~-~ ~ , (Nam¢)A (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set foAh in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ($~nature) ~ Wwrl¢ 02648821 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00151 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OSI FUNDING LLC VS HURLEY NANCY M VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HURLEY NANCY M the DEFENDANT , at 2014:00 HOURS, on the 10th day of January at 12 CHESTNUT STREET NEWVILLE, PA 17241 by handing to NANCY M HURLEY a true and attested copy of COMPLAINT & NOTICE , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this jg ~ day of k ~2 ~D i~ A.D. ' /~ ~ ~Pro-~l~onotary ' ~ ' So Answers: R. Themas Kline '2 ~z~ 01/13/2003 WELT~ WEINBERG REIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSl FUNDING, L.L.C., ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY Defendant No. 03-151 Civil Term 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648821 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY Defendant Civil Action No. 03-151 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Nancy M. Hurley, above named, in the default of an Answer, in the amount of $5,605.60 computed as follows: $5,498.05 Amount claimed in Complaint Interest from 10/16/02 to 2/12/03 at the contract interest rate of 6% per annum TOTAL $107.55 $5,6O5.6O I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T Molczan, Ib~quire PA. 1.D.~,7437 /~' WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WW R#02648821 Plaintiff's address is: cio Weltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 12 Chestnut Street, Newville, PA 17241 IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY Defendant TO: Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Civil Action No. 03-151 Civil Term IMPORTANT NOTICE Date of Notice: ,{ ''~ 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 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 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., LP.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 #02648821 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. pW~! i~ ~.~,~ 71~l~za n, E~quir~ WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY Civil Action No. 03-151 Civil Term Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) ( ) Assumpsit Judgment in the amount of $5,605.60 plus costs. Trespass Judgment in the amount of $__ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) ( ) ( ) (xx) ( ) ( ) Court Order Non-Pros Confession Default Verdict Arbitration Award Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Prothonotary By: PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING. L.L.C., ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff VS. NANCY M. HURLEY Defendant No. 03-151 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (PERSONAL PROPERTY EXECUTION ONLY) 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#02648821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNT)ING, I,.L.C., ASSIGNEE OF COMPUCREDIT ACQUISITION FUNDING Plaintiff vs. Civil Action No. 03-151 CIVIL TERM NANCY M. HURLEY Defendant PRAECIPE FOR WRIT OF EXECUTION (PERSONAL PROPERTY EXECUTION ONLY) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Nancy M. Hurley, Defendant 3. Judgment Amount Interest at the rate of 6% per annum from 2/20/03 to 6/30/03 SUBTOTAL: Costs (to be added by Prothonotary): WELTMAN, WE1NBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 $5,605.60 $119.79 $5,725.39 $ WWR#02648821 WRIT OF EXECUTION and/or ATTACHNIENT COMMONWEALTH OF PENNSYLVANIA) NO 03-151 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 COMPUCREDIT ACQUISITION FUNDING, Plaintiff (s) From NANCY M. HURLEY, 12 CHESTNUT STREET, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY AT 12 CItESTNUT ST., NEWVILLE, PA 17241 . (2) You are also cF~rected 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 garaishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and fi.om 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 $5,605.60 L.L. $.50 Interest AT THE RATE OF 6% PER ANNUM FROM 2/20/03 TO 6/30/03 - $119.79 Atty's Corem % Due Prothy $1.00 Atty Paid $118.97 Other Costs Plaintiff Paid Date: JULY 11, 2003 (Seal) CURTIS R. LONG Pr°th°n°t'~2J -. 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 SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 112.12 Advertising Law Library .50 Prothonotary 1.00 Mileage 8.28 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 179.90 Sworn and Subscribed to before me this d~'~day of 2003 A.D. ~ ~,r~.. ~ pr6thonotary Pd by Defendant So Answers: R. Thomas Kline, Sheriff J~y, Claudia A. Brewb~er DISTR/BUTION ATTORNEY William Moiczan WRIT NO. 2003-151 Civil OSI Funding, L.L.C. assignee ofCompucredit Aquisition Funding vs Nancy M. Hurley Real Debt hlterest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff, Miscellaneous Attorneys Fees Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 5605.60 119.79 118.97 $ 18.00 112.12 .50 1.00 8.28 20.00 20.00 5844.36 150.00 1.50 $ 5844.36 $ 179.90 $ 6024.26 150.00 $ 6174.26 R. Thomas Kline,'Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF COMPUCREDIT FUNDING Plaintiff VS. NANCY M. HURLEY Defendant No. 03-151 CIVIL PRAECIPE FOR SATISFACTION OF 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02648821 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSI FUNDING, L.L.C., ASSIGNEE OF COMPUCREDIT FUNDING Plaintiff VS. NANCY M. HURLEY Defendant Civil Action Ne. 03-151 CIVIL 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. PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02648821