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HomeMy WebLinkAbout04-0213IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. Qy - a ?3 C;0,LL E/ZYy? VS. ELAINE SWEITZER 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#03128308 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. Civil Action No. 04/-01)3 OLIX- 1 ELAINE SWEITZER Defendant 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 PA BAR ASSOCIATION PO BOX 186 HARRISBURG PA 17108 1-800-692-7375 COMPLAINT L Plaintiff is a corporation with offices in SYOSSET NY 11791. 2. Defendant is an adult individual residing at 700 RUPP AVENUE, MECHANICSBURG, PA 17055. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4305721582548959. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 23, 2003, in the amount of $3,769.77. 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. Although repeatedly requested to do so by Plaintiff, defendant willfully failed and/or refused to pay. WHEREFORE, Plaintiff demands Judgment in its favor and against, ELAINE SWEITZER in the amount of $3,769.77 with additional interest at the legal interest rate of 6% per annum from the date of judgment, 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. Gerianne Hannibal i PA I.D. #66622 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 W WR#:03128308 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that he/she is aeent (Title) of Melissa Lattimer (Name) Capital One plaintiff herein, that (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signs e) WWR# 0 ? / q 0309' (J '?2 ?- ?? (? ?J d ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00213 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS SWEITZER ELAINE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SWEITZER ELAINE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 700 RUPP AVENUE MECHANICSBURG, PA 17055 SWEITZER ELAINE PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers:_ ,-- Docketing 18.00 Service 9.66 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.66 WELTMAN WEINBERG REIS 01/22/2004 Sworn and subscribed to before me this ,),I day of alto y A.D. Pro t\ kiohotary ` Curtis R. Long Prothonotary office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ©L4 -- azl3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573