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Home My WebLink About03-4781IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1V1L DIVISION CAPITAL ONE BANK Plaintiff VS. DANIEL C. MCCULLOUGH Defendant No. COMPLAINT IN CIVIL ACTION FJI .~D ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWRg02948431 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DANIEL C. MCCULLOUGH 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 COMPLAINT Plaintiff is a corporation with offices in 6851 Jericho Turnpike #190, Syosset, NY 11791. PA 17070. Defendant is an adult individual residing at 602 Fishing Creek Road, New Cumberland, 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4121741364010038. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of September 3, 2003, in the amount of $3,012.76. 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 has willfully failed and/or refused to pay. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Daniel C. McCullough individually, in the amount of $3,012.76 with additional interest at the legal interest rate of 6.00% per annum from the date of judgment plus costs. THIS 1S AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. 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#:02948431 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. {}4904 relating to unswomfalsificationstoauthofities, thathe/she is a~ent of (Tire) Tom Milana (Name) Capital One (Company) , plaintiffherein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are tree and correct to the best of his/her knowledge, information and beliefi (Signature) WWR# SHERIFF'S RETURN - CASE NO: 2003-04781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERL]~ND CAPITAL ONE BANK VS MCCULLOUGH DANIEL C OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCCULLOUGH DANIEL C but was unable to locate Him deputized the sheriff of YORK in his bailiwick. County, serve the within ,COMPLAINT & NOTICE He therefore Pennsylvania, to On October 17th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 33.68 .00 70.68 10/17/2003 So answers: [~.~ _ ..... : Sher±ff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this a~ day of 0~.~ ~0~ A.D. rothonotary SHERIFF SERVICE PROCESS RECEIPT aqd AFFIDAVIT OF RETURN 1. pLAINTIFF/S/ Capital One Bank 3. DEFENDANT/S/ SERVEAT { 28 EAST MARKET ST.. YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIF~ 2. COURT NUMBER 03-4781 civil 4. TYpE OF WRIT OR COMPLAINT Daniel C. M~"ullough Notice and Cc~laint 5. NAME OF ND V DU~ L, COMPAN'( CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A%FACHED, OR SOLD. Daniel C, McCullough 6. ADDRESS (STREET OR RFO WiTH BOX NUMBER, APT NO., C]T~ BORe, 7WP., STATE AND ZIP CODE) 602 Fishing Creek Road New C~nberland, PA 17070 7 INDICATE SERVICE: J PERSONAL O PERSON iN CHARGE EJ DEPUTIZE~A~I,~L.~LJ RT. AIL EJ 1ST CLASS MAIL -~ POSTED LI OTHER NOW September 12 ,20 03 I, SHERIFF ~'~II~'~(~UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th~ake return t~ci~ccording to law. This deputization being made at the request and risk of the plaintiff, SHERIFF OF"~ilIFCOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C'umberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or a[laching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof, 9. TYPENAMEandADDRESSofA~I'ORNEY/OF~IGINATORandSIGNATURE 10 TELEPHGNENUMBER 11 DATEFILED WM. MOLCZAN 2718 KOPPERS BLDG. 436 7th AVE. PBG, PA 15219 412-434-7955 9-11~03 12~ SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13 I acknowledge receipt of the writ R. AHR EN S / 14. DATE RECEIVED 15. Expiration/Hearing D~ or complaint as indicated above. / 9-15-03 ~0-11-03 16 HOWSERVED: PERSONAL( ) RESIDENCE( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( SEE REMARKS BEL( 17. m I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) , 1~, NAI~F~ND {l~r~E OF INdiVIDUAL ~'%r-~R~E[)'~ !~I!~T~-~pDRF~S/0IERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1,9~ O~te of ~ervice 20, l~me of Service ATT[E~"PTSI DateI Time.~ ,n,. ID~l~melMi,~l ,.,. I¢l~e M,..I i~lbatel~me Miles Int. IDate nme "i,~l,,nt. ID.t.I~e M,,.1 22. REMARKS: 23. Advance Costs 24~. Service Costs 25. N/F I 26. Mileage iL ~ostage~ 28. Sub Total Pound . Notary 75.00 18.00 13~68 '131.68 29. I'B. Adva. C,--t.l*.S.rv, Cos, I,,.No,ryCe,.; 38. ,ileage,/PoMed/Not Found 31. Surchg. 32. TotCoMs 33. CostsO 33.68 39. Total COsts I 40, Costs Due o¢ Refdn( 41. AFFIRMED and subscribed to before me this 42 day ofO ( ~ 20 ~-~ 43. County Sheriff TITLE 2. PINK -Attomey 3. CANARY - Sheriffs Office 4, BLUE - Sheriff's Office 10-3-03 49. DATE 51. DATE RECEIVED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DANIEL C. MCCULLOUGH Defendant No. 03-4781 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., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02948431 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 CAPITAL ONE BANK Plaintiff VS. DANIEL C. MCCULLOUGH Defendant Civil Action No. 03-4781 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Daniel C. McCullough, above named, in the default of an Answer, in the amount of $3,012.76 computed as follows: Amount claimed in Complaint $3,012.76 Interest from date of judgment at the contract interest rate of 6% per annum TOTAL $3,012.76 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., LP.A. PA I.D. ~47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 4:34-7955 WWR#02948431 Plaintiff's address is: cio Weltman, Weinberg & Reis Co., LP.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 602 Fishing Creek Road, New Cumberland, PA 17070 iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DANIEL C. MCCULLOUGH Defendant Civil Action No. 03-4781 CIVIL TERM IMPORTANT NOTICE TO: Daniel C. McCullough 602 Fishing Creek Road New Cumberland, PA 17070 Date of Not,ce 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 FtND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEI/NBERG & REIS CO., L.P.A. William T. Molczan // PA i.D. ff47437 ~,' WELTMAN, WEINBERG & REiS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434~7955 WWR #02948431 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, PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR#02948431