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HomeMy WebLinkAbout06-4670w 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C',APITAL, ONE BANK Plaintiff No. ot. - qL76 (2lv?L vs. COMPLAINT IN CIVIL ACTION SUSAN A KUHN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: V. Kelly Mulholland, Esquire PA I.D. #69978 WELTMAN, WEINBERG & REIS CO., L.P.A. j 325 Chestnut Street, Ste 1120 Philadelphia, PA 19106 215-599-1500 WWR#05215571 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff f ?/2.? VS. Civil Action No. ?. q« 1.. 01- 1 SUSAN A KUHN Defendants 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 ?, 6I 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT I Plaintiff, is a corporation with offices in 6851 JERICHO TURNPIKE #1.90 SYOSSET, NY 11791. 2. Defendant is an adult individual residing at 385 OXFORD RD, GARDNERS,PA 17324. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4388642076307381. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of AUGUST 4, 2006, in the amount of $2,537.25. '1 5. Defendant is in default by having not made monthly payments when due. As such the entire balance immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.90% per annum on the unpaid balance from AUGUST 4, 2006. 7. 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, SUSAN A KUHN individually, in the amount of 52,537.25 with continuing finance charges thereon at the rate of 25.90% per annum from AUGUST 4, 2006 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL. BE USED FOR THAT PURPOSE. WEINBERG & REIS, CO., L.P.A. 1d PA I . # 978 W T AN, WEINBERG & REIS CO., L.P.A. 3 icstnut Street, Ste 1120 Philadelphia, PA 19106 215-599-1500 WWR9:05215571 VERIFICATION The undersigned does hereby verify subject to the p Ities of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is a (,(h (in/ J (NAME) M-t! 1D(?T of A/ 6KC 13aKk-- 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) W WR# CJ W VI u't Y c 1?! f> C, t CA W S' 0 ?-4 0) SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04670 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS KUHN SUSAN A 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 VTTUT\T CTTCAT\T n but was unable to locate Her in his bailiwick. He therefore returns the NOTICE COMPLAINT the within named DEFENDANT , KUHN SUSAN A 385 OXFORD ROAD , NOT FOUND , as to GARDNERS, PA 17324 DEFENDANT COULD NOT BE SERVED AT ADDRESS PROVIDED, PRIOR TO EXPIRATION DATE, PER CORINE AT ATTY MULHOLLAND'S OFFICE, RETURN NOT FOUND. Sheriff's Costs: So answers:-- Docketing 18.00 Service 4.40 NOT FOUND RETURN 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 37.40 ? WELTMAN, WEINBERG & REIS 09/18/2006 Sworn and Subscribed to before me this day of A. D. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 05215571 CAPITAL ONE BANK V& SUSAN A KUHN Cumberland County Court of Common Pleas No.: 06-4670 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice. WELTMAN, WEINBERG & REIS CO., L.P.A. By Michael J. ough6rty, Esquire Attorney for Plaintiff ..,.,? ' ?-:? -?, s? - w"`; ii ?,° .. _ 4 K.y ? r? yy ,. L?