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Home My WebLink About06-0770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No 01.:, - 7t6 Ciu;L~~ vs. COMPLAINT IN CIVIL ACTION TODD E. MCGOWAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WilLIAM T. MOlClAN, ESQUIRE PA 1.0.#47437 Weltman, Weinberg & Reis Co., l.PA 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04914697 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. TODD E. MCGOWAN 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. ()l. -17D Ct L> L '---rtfl-~ TODD E. MCGOWAN Defendant COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA, and hereby files this Complaint against Defendant, Todd E. McGowan, 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 85147, Richmond, VA 23285. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3 Defendant is an adult individual residing at 20 Short Ln, Shippensburg, PA 17257. 4 Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of February 1, 2006, in the amount of $3,607.48. 5. 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, Todd E. McGowan, individually, in the amount of $3,607.48 with finance charges thereon at the rate of 6.00% per annum from February 1, 2006, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO, LP.A WILLl7I.M T. OL AN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co" L.PA 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 04914697 VERIFICATION ~~LE) The undersigned does hereby verify subject to the penalties of 18 P A. C.S. 4904 relating ~f\\ A ~ ~ 1 \1:)'\1/', (NAME) of ( A~ ~Hi -:r(An~ ' plaintiff herein, that (COMPANY) to unsworn falsifications to authorities, that he/she is 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 ofhislher knowledge, information and belief. ~~-~ (SIGNATURE) WWR# (Jl[7/4rv97 7::J 0 .(Q. i. lT1 ~ U1 (-) 1-" ,:....:-, Cl "'v lI"l. , -n ~X" g '"'- () ""-1 ....:r 9.J r.. ., ...c: V') ~ C'J I C> - -l \) \:; ::,-,.., -0 -- b (:! ,-) \ +- ',. r::~ :c" f \..0 -':: ---. SHERIFF'S RETURN - REGULAR CASE NO: 2006-00770 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCGOWAN TODD E ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCGOWAN TODD E the DEFENDANT 1 at 1708:00 HOURS, on the 22nd day of February 2006 at 20 SHORT LANE SHIPPENSBURG, PA 17257 by handing to DANITA MCGOWAN 1 WIFE 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 Service Affidavit Surcharge 18.00 17.60 .00 10.00 .00 45.60 So Answers: ~--- /,/,,;.;<;/ <,'" ,.~.:..;Y- ~ r .>-?;~""..",~?<- .f -~- R. Thomas Kline me this /4~ day of 02/23/2006 WELTMAN WEINBERG REIS BY:~4-~ ' A fy1, J!.... Deputy Sherfff Sworn and Subscribed to before J# IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No, 06-770 CIVIL TERM VS. PRAECIPE FOR DEFAULT JUDGMENT TODD E MCGOWAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLClAN, ESQUIRE PA 1.D.#47437 WeItman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#04914697 Judgment Amount $ 3,645.24 THIS LAW FIRM IS A TTEMPTlNG TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PlIRPOSE. # IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI.V ANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-770 CIVIL TERM TODD E MCGOWAN Defendant NOTICE OF JUDGMENT OR ORDER TO: () PlaintitT' (xx) Defendant ( ) Garnishee You are hereby notified that the ti,)llowing Order or Judgment was entered against you on_ '.i.*_ 60, (xx) Assumpsit Judgment in the amount 01'$3,645.24 plus costs, () Trespass Judgment in the amount 01'$__ plus costs. () lfnot satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau ofTraftlc Safety, Harrisburg, PA. (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award Prothonotary B)" ~"~ . _. l!liiiLL."~ PROT ONOT TODD E MCGOWAN 20 SHORT LN SHIPPENSBURGj'A 17257 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co" L.P.A" 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085 ~ I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION CAPITAL ONE BANK. PlaintitT YS. Civil Action Nn. 06-770 CIVIL TERM TODD E MCGOWAN Defendant PRAECIPE FOR OEFAUL T JUOGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, TODD E MCGOWAN above named, in the default of an Answer, in the amount 01'$3,645.24 computed as follows: Amount claimed in Complaint $3,607.48 Interest from February 01. 2006 to April 06, 2006 at the legal interest rate of 6.000% per annum $37.76 TOTAL $3,645.24 I hereby eertify 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. llyhik~/h . WILLIAM T. MOLClAN. ~ PA 1.0.#47437 Weltman. Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#04914697 Plaintiffs address is: cia Weltman. Weinberg & Reis Co.. L.P.A., 2718 Koppers Building, 436 7'" Avenue. Pittsburgh, PA 15219 And that the last known address of the Defendant is: 20 SHORT LN .. SItIPPENSBURG,PA 17257, I, IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL DIVISiON CAPiTAL ONE BANK. Case no: 06-770 CIVIL TERM Plaintiff NON-MILlT ARY AFFIDAVIT YS. TODD E MCGOW AN Defendant The undersigned, who ilrst being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent ofthe Plaintiff in the within matler. A mant fUlther states that the within Affidavit is made pursuant to and III accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. ApI'. ~ 521. Afilant further states that based upon investigation it is the amant's belief that the Defendant. TODD E MCGOW AN is not in the military service. Affiant further states that this belief is supported by the attached certiilcate from the Defense Manpower Data Center (DMDC), which states that the Defendant. TODD E MCGOWAN is not in the military service. Further Affiant sayeth naught. ~J;Ji.v~~ AFFIANT I SWORN TO AND SUBSCRIBED in my presence this I! day Of }Oe 2.ov4> (-:: This law firm is a debt collector atlempting to collect this debt for our client and any information obtained will bc used for that purpose. Request for Military Status Page lof2 Department of Defense Manpower Data Center . APR-06-200612:08:54 Military Status Report Pursuant to the Servicemembers Civil Relief Act < Last Name First/Middle Begin Date I Active Duty Status I Service/Agency MCGaW AN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ---~W~&~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. ss 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy ofDOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query . This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: hup:/ /www.defenseliDk.millfllJ:j/pis/PC09SLDR.htm I WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scraJowa/scra. prc _Select 4/6/2006 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided, . ReportlD:UHKULGWQRX https://www.dmdc.osd.mil/scra/owalscra. prc _Select 4/6/2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 00 -11 () (I ~; ( ~';r/1 TODD E MCGOWAN Defendant(s) IMPORTANT NOTICE TO: TODD E MCGOWAN 20 SHORT LN SHIPPENSBURG,PA 17257 ., 7 L~ J~ Date of Notice: WWR#: 04914697 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE 1 PA 17013 (7l7) 249-3166 /~ ..-.,..,..,------, ,/ --' ...- .. / ?=~--~fI / ~~ES W~BROL, ESQ~ PA I~D. #42524 WELT ,WEINBERG & REIS CO., L.P.A. 2718 PPERS BLDG, 436 7TH AVE. PITTS~URGH, PA 15219 r'- l :::'. /'J'\~ ~- ~~ "'-, ' ~'~~, ~~~~~ <>0 \.-.., " Y ~ ~ -:-'-~ ; ~" ~ ~ ~ ~ ~ \ ........, ~ ,\ ~. .,t c; ~-