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Home My WebLink About01-4913IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EBBETS PARTNERS LTD., ASSIGNEE OF PNC NATIONAL BANK Plaintiff VS. LINDA L. LIDDICK 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, PA15219 (412) 434-7955 WWR#01413695 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EBBETS PARTNERS LTD., ASSIGNEE OF PNC NATIONAL BANK VS. LINDA L. LIDDICK 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices located at 323 Lakeside Avenue, Cleveland, Ohio 44113. 2. Defendant is an adult individual residing at 1004 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsyvlania 17055-3465. 3. Defendant applied for and received a MASTERCARD credit card issued by Plaintiff's assignor bearing the account number 5447-0500-0110-3428. 4. Defendant made use of said MASTERCARD credit card and has currently a balance due and owing to Plaintiff, as of April 13, 1998, in the amount of $1,303.89, as shown by Plaintiff's Statement of Account attached hereto, marked as Exhibit "1" and made a part hereof. 5. Subsequent to the referral of this account to Plaintiff's counsel by Plaintiff, the Defendant made four payments of $100.00, totaling $400.00. The payments were applied to the balance, therefore reducing the Defendant's balance to $1,369.62 as of May 11,2001. 6. Defendant is in default of the parties' agreement having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that Plaintiff is entitled to the addition of interest at the rate of 10% per annum on the unpaid balance from May 11,2001, which amounts to $.35 per diem. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, interest or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Linda L. Liddick individually, in the amount of $1,369.62 with continuing interest thereon at the rate of $.35 per diem 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. //~' ~ ire ~ WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA15219 (412) 434-7955 WWR#:01743271 P.O.Box 455 Lafayette, IN 47902-0456 PNC BANK P.O. BOX 15397 WILMINGTON DE 19886-5397 I,,,llh h,h,hl,,I,,ll,,,I,h,,Ihl,h,h,,I,h,II Address Change? 5447050001103428 MONTHI'Y BILLING STATEMENT Account Number 5447 0500 0t 10 3428 New Balance $1,303.89 Payment Due Date 05/08/98 Minimum Payment Due $212.00 IAm°ant Encl°sed $ I LINDA L LIDDICK 1004 E SIMPSON ST MECHANICSBURG PA 17055-3465 h,,llh,,lll,,,,hh,hh,,Ih,h,hlh,,hhll,,,,h,llh,,I [~ Check box. Print new address and talephone number on back of statement. 0021200 0130369 RETURN UPPER PORTION WiTH PAYMENT IN THE ENCLOSED ENVELOPE. Statement Closing Date 04/13/98 Previous Balance $1.303,89 Payments $0,00 Credits $0,00 Purchases and Advances $0~00 Other Charges $0,00 FINANCE CHARGES $0,00 New Balance $1,303.89 For 24-hour customer service:l-800-762-2273 Or write: Account Nun~ber 5447 0500 0110 3428 Total Credit' limit $1,000.00 Available'Credit Limit NONE Days Jp Billing Cycle 30 Billing Cycle Closing Date 04/13/98 Past Due Amount $186.00 Minimum Payment Due $212.00 Payment Due Date 05/08/98 If card is lost or stolen ca11:1-800-556-5678 CREDIT CARD DIVISION P.O. BOX 520, LAFAY~ ~E, IN 47902-0520 Date of Date of Reference Description Amount Transaction Posting Number An arnoun oreceded by a minus ~kln (-I is a credit or a credit ba: race. I :il ~ f_~l~ ICl =E~]; f-'l:[tl ~B NOMINAL ~INUAL Daily Balance FTNANCE KNNUAL PERCENTAGE Pe~ddic Subject CHARGE PERCENTAGE RATE Rate To Finance RATE Charge PURCHASES 21.49% 21.49% .05885% 0.00 0.00 CASH ADVANCES 21.49% 21.49% .05887% 0.00 0.00 The period ly vary. See ,our account agreement for more precise details. _ Please be sure to see the biffing rights summary and important disclosure information on the reverse s~oe. Send Payment To: P.O. BOX 15397 WILMINGTON DE 19886-5397 5953 HRD I 13 Z X 3 Page 1 of I 6895 5O~30 CR03 0086 980413 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §49(~4' relating unsworn falsifications to authorities, that he/she is UTLCT~ J. JANSSZ (Name) General Partner of EBBETS PARTNERS, LTD. , plaintiff herein, (Title) (Company) that 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. SHERIFF' S RETURN - REGULAR CASE NO: 2001-04913 p COMMONWEALTH OF PENNSYLVANIA: COD-NTY OF CUMBERLAND EBBETS PARTNERS LTD VS LIDDICK LINDA L CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LIDDICK KINDA L the DEFENDANT , at 1310:00 HOURS, on the 7t~ day of Septeraber, 2001 at 5073 R~fTER RD MECFU~NICSBURG, PA 17055 LINDA L. LIDDICK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 15.60 Affidavit .00 Surcharge 10.00 .00 43.60 Sworn and Subscribed to before me this /j e~_ day of A.D. ! /PFothonot ary' So Answers: R. Thomas Kline 09/10/2001 WELTMAN WE_INBE_.~R% & REIS sh ify' IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EBBETS PARTNERS LTD., ASSIGNEE OF PNC NATIONAL BANK, Plaintiff No. 01-4913 CIVIL TERM VS, LINDA L. LIDDICK, Defendant SUGGESTION OF BANKRUPTCY TO PROTHONOTARY: AND NOW comes Plaintiff, by counsel, Weltman, Weinberg & Reis, Co., L.P.A. to advise this Honorable Court that the above named Defendant, Linda L. Liddick, has filed a Chapter 13 Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at Bankruptcy Case Number 01-05391 on or about October 9, 2001, and accordingly, ali proceedings in this Court are stayed pursuant to 11 U.S.C. § 362. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James"P'~. Val~ko, Esq. Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EBBETS PARTNERS, LTD., ASSIGNEE OF PNC NATIONAL BANK Plaintiff VS. LINDA L. LIDDICK Defendant No. 01-4913 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#01413695 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 EBBETS PARTNERS, LTD., ASSIGNEE OF PNC NATIONAL BANK Plaintiff VS. LINDA L. LIDDICK Defendant Civil Action No. 01-4913 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Linda L. Liddick, above named, in the default of an Answer, in the amount of $1,449.77 computed as follows: $1,369.62 Amount claimed in Complaint Interest from 5/12/01 to 12/27/01 at the contract interest rate of $.35 per diem TOTAL $80.15 $1,449.77 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. 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#01413695 Plaintiff's address is: c/o 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: 1004 E. Simpson Street, Mechanicsburg, PA 17055-3465 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., LP.A. ~A I.D. g47437 WELIMAN, WEINBERG & REIS CO., L.~.A. 2718 Koppors Buildin~ 436 Sevonth Avenuo ~ittsbur~h, PA 1§21~ (4'12) 434-7~§§ WWR#01413695 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EBBETS PARTNERS, LTD. Plaintiff VS. Civil Action No. 01-4913 Civil Term LINDA L. LIDDICK Defendant IMPORTANT NOTICE TO: Linda L. Liddick 1004 E. Simpson Street Mechanicsburg, PA 17055-3465 Date of Notice: _~~-~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TQ TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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.~t..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 #01413695 IN RE: · U~q~ED STATES BANKRUPTCY CO~K~F MIDDLE DISTRICT OF PENNSYLVANIA LINDA LIDDICK .! CASE NO.: 1-01-05391 CHAPTER: 13 Hamsburg. PA : Debtor(s) FILED T,,~__^.,. p.". Om)ER mSM~SSI~C C~Z ~C q' 4 ~ At, H~sb~g, in s~d disMc~ on ~e 14~ ~y of DEC~] ~. ~Q~D It app~g ~ ~e a~v~nm~ debtors) h~ave f~l~ to F~E ~ D~~S ~d it ~vMgb~ det~in~ ~ no~ce ~at ~e c~e should be ~smisscd, it is O~E~D ~at ~e c~e of~e ~ove-nm~ debtors) be ~d it h~eby is di~iss~ ~d it is further ORDERED that thc ~mstee hereby ~s discharged from further re sponsiblhty ~n this c as e, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to thc U.S. Bankruptcy Court. BY THE COURT: ROBERT J. WOODSIDE CHIEF BANKRUPTCY JUDGE