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HomeMy WebLinkAbout03-4092IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSET ACQUISITION GROUP, LLC, ASSIGNEE OF FIRST USA vs. COMPLAINT IN CIVIL ACTION JOEL E. STONER Defendant 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 WVVR#02979603 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSET ACQUISITION GROUP, LLC, ASSIGNEE OF FIRST USA Plaintiff VS. JOEL E. STONER 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSET ACQUISITION GROUP, LLC, ASSIGNEE OF FIRST USA Plaintiff VS. JOEL E. STONER Defendant Civil Action COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, Joel E. Stoner, and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff is a corporation with its principal place of business located at P.O. Box 340740, Denver, CO 80237. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3. Defendant is an adult individual residing at 331 S. Enola Street, Enola, PA 17025. 4. Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of September 8, 1999, in the amount of $6,788.90. 5. Plaintiff claims interest at the legal rate of six (6%) percent per annum from September 8, 1999. 6. Plaintiff avers that interest calculated at the aforesaid rate from September 8, 1999 to July 17, 2003 amounts to $1,513.27. 7. Plaintiff avers that payments totaling $400.00 thereby reducing Defendant's balance to $7,902.17. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Joel E. Stoner, individually, in the amount of $7,902.17 with finance charges thereon at the rate of 6% per annum from July 17, 2003, 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. WILr_IAM T. IVlOLCZAN, ESQI~rRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 02979603 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is ~(~.~_.~ ~ ~'~,'~ ~O~ (Name) ('"~L~r~/.~\ ~l'~;h ~ ~ of 7~.'~-'~i: ~r..~ll~ ~-~q ~,~':* ,t% ~L1.-~, plaintiff herein, that (Title)' (Company) 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) Ww~ 02979603 SHERIFF'S RETURN CASE NO: 2003-04092 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSET ACQUISITION GROUP LLC VS STONER JOEL E - REGULAR CPL. KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE STONER JOEL E DEFENDANT , at 1600:00 HOURS, on the was served upon the 8th day of September, __ 2003 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE CARLISLE, PA 17013 JOEL STONER a true and attested copy of COMPLAINT & NOTICE SQUARE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /?~ day of ~/~ J~, ~m73._% A.D. So Answers: R. Thomas Kline 09/09/2003 WELTMAN WEINBERG REIS By: y Sheriff SHERIFF'S RETURN - CASE NO: 2003-04093 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA N A VS PINTO JOHN D REGULAR CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of September, by handing to together with says, the within COMPLAINT & NOTICE PINTO JOHN D DEFENDA/qT , at 1502:00 HOURS, on the at 1416 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 JOHN D. PINTO a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /~ day of _~~ _2~_~ A.D. · 'Prothonotary So Answers: Thomas Kline 09/05/2003 BURTON NEIL & ASSOC j IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA CWIL DWISION ASSET ADVANTAGE GROUP, LLC, ASSIGNEE OF FIRST USA Plaintiff VS. JOEL E. STONER Defendant No. 03-4092 CW1L TERM PRAECIPE TO SETTLE, DISCONTINUE & END 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#02979603 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ASSET ADVANTAGE GROUP, LLC, ASSIGNEE OF FIRST USA Plaintiff VS. JOEL E. STONER Defendant Civil Action No. 034092 CIVIL TERM 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 an mark the cost paid. Sworn to and sub[~/oed Before me the "~ OAR...,ptOber, 2003 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 WWRg02979603