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Home My WebLink About06-2947 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Ole -;J.Cflf7 {J,ulC-T~ VB. COMPLAINT IN CIVIL ACTION KEITH E MCCANN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04914678 C A Pit VOC . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No KEITH E MCCANN Defendant COMPLAINT 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. 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, PA 17013 (717) 249-3166 . COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: KEITH E MCCANN 4032 CHEROKEE AV CAMPHILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4388642074782106 . 4. Defendant made use of said cred~t card and has a current balance due of $6356.55 , as of May 15, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from May 15, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit "1" and made a part hereof. . 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , KEITH E MCCANN , INDIVIDUALLY , in the amount of $6356.55 with continuing interest thereon at the rate of 25.900% per annum from May 15, 2006 plus costs. This law firm is a debt collector attem ting to collect this debt for our client and any information obtained will be used for that purpose. . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 (41 ) 434-7955 412-338-7130 678 C A Pit VOC ~ 049/l{~1~ .. Your account is delinquent. We want to help! Caplta'One' A=uat Swnuwy PreviouaBalu1ce Paymenu, C~ and Adjustments T-.. FinaOl:eCharges N~ BoW= Minimum Amount Due Payment Due Date Tot:al Czedit Line ToralAvailableCredit Credit Line fot Cuh Awilable Credit for Cash 1:~\ $3,399.73 '.00 $70.00 $76.24 $3,54S.<)7 $3,545.97 . Mar 23, 2003 $3,000 '00 -$9% ,.00 Atyoursemcc 'To.cdiCIldi.rii~~Or-tonpott.iO.t<<_:diiid: 1-800-903.3637 F<>rmconlinelCCOllQt~llldapoc:ill~oHcr:f.iorOllto: --~-. s..,l.po.ymecltllto: Atta:Rer.ittaa",~ C.,mIODc~<:eo P.O. llQ;l 8S1<l7 Ricbm<>nd,VA Z3216 s..d~to: Capilal Oat SCviceo P.O.BCllt'5015 Riclll"OIld,VA23.28S:S01S lm;:.>crtant Account Information' For se:rvic:e in Spanish, please all (800) 929-'137. PIta semcio ell Espa401, par favor mlrque 800-929-8137. ~ ~ EXH\B\T 1- CapIfaIOne' -) To protect your credit with us, you need to make a payment. -t We can help-but only if you call us. -t When you call, you can make a free check.by.phone payment. Return your account to good standing. It's up to you to take the first step. Callus! 1-800-479-7231 ..- VISA GOLD ACCOUNT 4388-642<}..741t--ll06 MARl4 - APR 23, 2003 Ptgelofl Payments, Crediu ud Adju&tments Tnmsactions 1 '2<4MAR OVERLIMITFEE 2 . 23APR CAPITAL ONE MON'nILY MEMBER FEE 3 23APR PASTDUEFEE $29.00 6.QO 35.00 You w=ea--'- a put: due fee of$3S.ODon 04/2312003 bec:aUi your ini.uitaum payment WiU.not tecei~ bjthe due due of 04/231200:t To i.'void this tee in the fututi,'.we recommend that 1011 allow at leur: 7 busine. d..,..for}'OUt ~ytnent to teach Capital One. FUWll:C Charges Pi_surtWn,JiMp inpmtmf ittp.IJtu... ":: C7PR"'" ~81 .O7096!6 2S.~ $S4.l& .~ 15.9<* t22.1)4 I'lJRCHASES CASH ......... ",rod. $2,0463.13 'l,OOU3 ANNUAL PERCENTAGE RATE "",n.d thUporiod 2S.9Q% '" PLEASE. RETURN PORTION BELOW WITH PAYMENT. . N~ BoW= Minimum Amount Due Payn1entDueDate 0000000 0 4388642014182106 23 3545970157003545971 Pk_,.,w..iJitor........v...--iI.....,..,h'-"""cM....Il.d:id. TotaIendosed $ kc.ount Number: -, $3$45.97 $3.545.97 May23,2003 I 4J88.6.42~7-478-2.106 SIr..t ".. Zll' o. ... Ho",.Pbo.o A1_Pbo.. . Ea&il.Acld.... ~ #9011457871405486# MAIL ID NUMBER !!!!!!!!I!! KEITH E. MCCANN =~.;;. 1III!lI,~ 4!132. .CJl&ROKEE AVE ~ ~ CAMP HILL PA 17011~7805 ~ =- .e:;;;;;!!E 1..IIIIII.IIII.I.lIlIlIIlIluIII..I.'I.II.I.I..,II.,.I.I,'II.1 r Capital One Bank P.O. Box 85147 mlllUllIlllIlllll,i- Richmond, VA 23276 1,.I,I'IUI.,I.II'I,llnl,II".II'I.II"ll1lulll..II"II1'I.1 Pkmt wriJ'~18 __ muMlrOllytllJrdld I1r IfIfmeJ ",.dIr.. ~k to Cttpiul Otu &.n~ IINi wWi i" tJH ",aIMed _lfIj1e. . . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P A. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is t aICL r/L,( 1.-'0 If! (NAME) h~~) of , plaintiff herein, that (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. ~ ,-, J WWR# . . . (:) ~ 1 U"'t G 1- U"\ 0 ,....., ~ = c c"'" II .., 0"' l,:n <,' ;:'It: If"t -rJ(: 'r (f'l mr ". - -< -or;; ~ -t:: C> .~"' N ~l',O ~ C> (;) N ()(S .', ~ -u .' ;~jj >-ri . ..,., ~:;~B ~ '"<::. ~~t :011; -..:l. P- ;1')rT1 C" ':'; :;z 0 ~ :[) .:;:- +- J- " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plainti ff No. 06-2947 CIVIL TERM vs. MOTION FOR ALTERNATE SERVICE KEITH E MCCANN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA J.D. #47437 WEL TMAN, WEINBERG & RBIS CO" L.P,A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04914678 " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plainti If No. 06-2947 CIVIL TERM vs. KEITH E MCCANN Defendant PLAINTIFF'S MOTION FOR AL TERNA TE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co" L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, KEITH E MCCANN, by certified U.S, Mai I and Certificate of Mailing, addressed to 4032 Cherokee A v, Camphill,Pa 17011, averring in supp0l1 thereof the following: J. On or about MAY 22, 2006, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintifffrom Defendant in the amount of$6356.55. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make sefVIce of Plaintiffs Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriffs return, a true and correct copy of which is attached hereto, marked Exhibit "I ", and made a part hereof, 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #04914678 " " 4, Pursuant to Plaintiffs request for information, the United States Postal Service confirmed Defendant's physical address of 4032 Cherokee A v, Camphill,Pa ] 7011, a true and correct copy of Plaintiffs Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 4032 Cherokee Av, Camphill,Pa 17011. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which confirmed the Defendant's current physical address as 4032 Cherokee A v, Camphill,Pa ] 70] ]. 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are vehicles registered to Defendant at 4032 Cherokee A v, Camphill,Pa 170] 1. A true and correct copy of the Motor Vehicle Abstract is attached hereto, marked as Exhibit "3", and made a part hereof. 8. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR #04914678 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U,S. Mail and Certificate of Mailing sent to an address (4032 Cherokee Av, Camphill,Pa 17011) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. William ,Mole an, E PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR #04914678 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-02947 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~llqJ4b 7 ( CAPITAL ONE BANK VS MCCANN KEITH E 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 MCCANN KEITH E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MCCANN KEITH E 4032 CHEROKEE AVENUE CAMP HILL, PA 17011 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR OVER 2 YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.20 5.00 10.00 .00 46.20 ~ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS OS/25/2006 Sworn and Subscribed to before day of _,v..~~ y me this A.D. .. WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburg!I, P"nn':vtI'lHda 15219 412.4h,;' 9:55 www.weltman.com WILLIAM T, MOLCZAN Attorney at Law 412,434.7955 Fax 412,434.7959 wmolczan@weltman,com C<"U-.4~~ '~/~ ft ;:.;!..::~:<;~s BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNA TI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS,OH 614228,7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 June 16,2006 Postmaster CAMPHILL.P A 170 II Request for Chanee of Address or Boxholder Information !'Ieeded for Service of Leeal Process Please furnish the new address or the name and street address (if a boxholder) for the tollowing: Name: KEITH E MCCANN Address: 4032 CHEROKEE A V CAMPHILL,PA 17011 NOTE: The name and last known address are required for change of address infonnation. The name, ifknown, and post oftice box address are required for boxholder information. , : The following information is provided in accordance with 39 CFR 265.6(d)(6)(jj"),\ Tl),ere is no tee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 2t1;;.6{~lGI:)\"Qct~~) !llld corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T, Molczan. Esquire. Att6rneV.f'o'r Plaintiff. CAPITAL ONE BANK 2, Statute or regulation that empowers me to serve process: N/A 3. The names of all known parties to the litigation: CAPITAL ONE BANK vs, KEITH E MCCANN 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5, The docket or other identifying number if one has been issued: 06-2947 CIVIL TERM The capacity in which this individual is to be served: Defendant ,~~' ~ _ . . ~~'--/~;:~~iAi~i: \':W.~~~i'il;-.l(; THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.c. SECTION 1001). I celtify that the above intormation is true and that the address intormation is needed and will be used solely for service of legal process in connection with actual or prospective litigation. WELTMAN. WEINBERG & REIS CO,. L.P.A, 2718 Koppers Building 436 Seventh Avenue Pittsbureh. PA 152]9 FOR POST OFFICE USE ONLY BOXHOLDER'S POSTMARK _Not known at address given. _Moved. left no forward addftss. _No such address. No change of address on file ~Good as Addressed fu PLEASE INDICATE PHYSICAL ADDRESS !, i~ .. o,.:,llh.}.,"Jl')I,' ~~\,. ,t ~:1 ( ~ I,;' WWR#04914678 276002 OWNER TITLE NUMBER TAG NUMBER VIN MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS PENNSYLVANIA DEPARTMENT Of TRANSPORTATION VEHICLE RECORD ABSTRACT 7/06/06 PAGE 1 KEITH MCCANN 4032 CHEROKEE AVE CAMP HILL PA 17011 40330418 EWT2540 1P3BM18DOJY126176 PLYMOUTH HXP 021780075000523 001 DYW2362 NO NO TITLE BRAND INfORMATION NO TITLE BRANDS EXIST fOR THIS TITLE LIEN INfORMATION NO LIENS EXIST fOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT Of TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG. PA 17106-8691 LESSEE NONE 061870715000160 002 TITLE DATE REGISTRATION BODY TYPE ODOMETER READING -EXEMPT BY fED LAW DUPLICATE TITLE COUNT VEHICLE YEAR STOLEN DATE 02/10/88 EXPIRY DATE: 05/03 SDN - o 1988 INfORMATION: (8:00 IN STATE OUT-Of-STATE TDD IN STATE TDD OUT-Of-STATE WWW.DOT.STATE.PA.US AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 ot+g 1Y-~l6 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the ,). ~ day of AUJL~ , 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: KEITH E MCCANN 4032 Cherokee A v Camphill,Pa 17011 WWR #04914678 , ' IN TlIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK NO. 06-2947 CIVIL TERM Plaintiff vs. KEITH E MCCANN Ddendant AFFIDAVIT PURSUANT TO PA R.c.p, 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co" L.P,A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 4032 Cherokee Av, Camphill,Pa 17011. A true and correct copy of the Postal Service Return is marked Exhibit "2" attached hereto and made a part hereof, b. Plaintiff requested a vehicle search on the Defendant, which shows that the Defendant has a registered vehicle at 4032 Cherokee Av, Camphill,Pa 17011. A true and correct copy is attached hereto and marked as Exhibit "3". WWR #04914678 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, KEITH E MCCANN, is 4032 Cherokee Av, Camphill,Pa 17011. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molcz n, Es PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 COMMONW! AI.. TH OF Pf!NNSYL VANIA Wi Notalfal Seal - CIty t1: A. Jones, Nota/Y Public I My~.~/eghenyOounty Member Penn Elcp;res June 29,2010 , sylvania AsSOCiation of N I ...... o arle. WWR #04914678 C) ,- r-...) ~~ cr,. o -n ~ I " :TI G Y C1 -f, -~ :i.J ./ () Ofn =-'"1 ~5; -< ~iO ", 1.0 :c: ~ c" o 0-\ '. , . I ="""Cl:;-YVEJ51 "'1 ~}~J -'-',. J'JI l AUGi (I 2006 BY' ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS . ,~1i_- CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06.2947 CIVIL TERM vs. KEITH E MCCANN AND NOW, to-wit, this ORDER OF COURT '36 "" day of ~ ' 2006, UpOIl considerat ion of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made Oil Defendant, KEITH E MCCANN, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 4032 Cherokee A v. Camphill,Pa 1701] by CeJ1itied Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. I WWR #049J 4678 po(t\~ f\~~P~ cf; of .yq' do f)~ O<(~\ ~~ CP I' ovt> , '-0. ",,' l SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-02947 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCCANN KEITH E 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 MCCANN KEITH E but was unable to locate Him ln his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MCCANN KEITH E 4032 CHEROKEE AVENUE CAMP HILL, PA 17011 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR OVER 2 YEARS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.20 5,00 10.00 .00 46.20./ ~ 1~l'r,o(, ~ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS OS/25/2006 Sworn and Subscribed to before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-2947 CIVIL TERM vs. PRAECIPE TO REINSTATE COMPLAINT KEITH E MCCANN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warm brodt, 42524 WELTMAN, WEINBERG & REIS CO., L.PA 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (421) 434-7955 FPV<: 412-338-7130 WWR#04914678 \I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-2947 CIVIL TERM KEITH E MCCANN Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. James C. Warm brodt, 42524 1'"--) (':::::, t.::_:;) .,:,:..;-'" c::., CO") 0-' -0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-2947 CIVIL TERM VS. AFFIDAVIT OF SERVICE OF COMPLAINT KEITH MCCANN Defendant 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#04914678 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No. 06-2947 CIVIL TERM KEITH MCCANN Defendant AFFIDA VIT OF SERVICE OF COMPLAINT BEFORE ME, the undersigned authority, personally appeared William T. Molczan, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, KEITH E MCCANN. I. On or about AUGUST 30, 2006, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the complaint by first class mail, certificate of mailing and by certified mail, return receipt requested. Said Order of Court is attached as Exhibit "1 ", 2. On or about OCTOBER 28,2006, Plaintiff mailed the complaint to 4032 CHEROKEE A V, CAMPHILL,PA 17011. Said certificate of mailing and certified mail receipts are attached as Exhibit "2". WELTMAN, WEINBERG & REIS, CO., L.P.A. W#F William . Molczan, . PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#049 I 4678 COMMONVY~flLTH OF PENNSYLVANIA Notarial Seal Wayne A ..Jones, Not::ny Public City Of Pittsburgri, Allegheny County My Commission Expires June 29,2010 Member. Pennsvlvania ASEOGlalion of Notaries ~---." .'. ,-' ..~_.../ ..---' ...., ! ,:,.... ; l/AUG a (': ZOOS BY''l)( I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS L v ,~NL~ (;l . .=-~:=1 CIVIL DIVISION CAPlTAL ONE BANK Plaintiff No. 06-2947 CIVIL TERM vs. K1!l"t'HE MCCANN ORDER OF COURT AND NOW, to-wit, this '36 '" day of ~ ,2006, upon cons;dcmtion ofth, foreguing rV.ot:on ,'ll! Service urthe Complaint Pursuant to Special Order of Court and attached SUPPo11ing affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made all Defendant. KEITH E MCCANN. by permitting the Plaintiff to mail a copy of the Complaint to tl1e Defendant the last known address being 4032 Cherokee A v, Camphill,Pa 170] 1 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. ,...-,,--<--........-..-.. ...........~. """- y<rHE COURT: ) ! ..t"l J. EXHIBIT \ WWR #049]4678 ., U.S. pOSTAl.. SERVICE ~~ ~ N./O ~11ONALWJL. ooes NOT ~ F..,m: R' Co I ~!II. .",,-'. \Veft'"nfID, WeinbeiQ & a~ ., bT~ ol',r,i~1 .,~, ~;A~r '#' 00 \ 5... '" 27 2 00 (412) 434-1955;, ~ ,; ~ g 1'0 I ~,: v -:; hi A ~ '. rJ";.' 0 ~ s: ....,.~ ~ Onepiec:...{~mai~~f? " ." ,l-S~' ~ ;g ~ H\,j ;g ~lHl\ l:- (Yl~anfl ~ ~ ~~~ f.).t.~ U~~ L ~.-oKuAu~ ~8"'~lf _ (;;V'';o')lJM fIT / 7el! ~ ~~ ilb T ~ N~ ~~'im,. ~ g..,. ~f <00>0 , CERTIACA TE OF MAJUHQ ps Fcrm 3817. January 2001 nJ .:T ~ IT" JI JI IT" ctl U.S. Postal ServiceTM CERTIFIED MAIL... RECEIPT (Domestic Mail Only; No Insurance COlferage ProrKl<<1) nJ CJ certified Fee CJ CJ Return ReoeIpt Fee (Endorsement Required) CJ Restricted DeliVery Fee ~ (EndorSement ReqiIIred) rn Total Postage & Fees U1 CJ CJ I'- Postage $ EXHIBIT L ~ - -;,-.-,. __J =~,' C) c::' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-2947 CIVIL TERM VS. PRAECIPE FOR DEFAULT JUDGMENT KEITH MCCANN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T, MOLClAN, ESQUIRE PA I.D,#47437 Weltman, Weinberg & Reis Co" L.P,A. 2718 Koppers Bldg, 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#049 14678 Judgment Amount $ 7285,72 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR rrs CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPlT AL ONE BANK Plaintiff vs. Civil Action No. 06,2947 CIVIL TERM KEITH MCCANN Defendant PRAECIPE FOR DEFAU~T JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, KEITH MCCANN above named, in the default of an Answer, in the amount of $7285,72 computed as follows: Amount claimed in Complaint $6356,55 Interest from MAY 15,2006 TO DECEMBER 7, 2006 at the legal interest rate of 25,9% per annum $929,17 TOTAL $7285.72 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. By: U WILLIAM T. M LCZ PA 1.D,#47437 Weltman, Weinberg &. Reis Co., L,P,A, 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#049 14678 PlaintitTs address is: clo Weltman, Weinberg & Reis Co., L.P.A., 27] 8 Koppers Building, 436 7Th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 4032 CHEROKEE A V, CAMPHILL,PA 170 I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I 1 CAPI1AL ONE Plaintiff B K Case # 0(0- Z9 L/ 7 cUvJ IOL~1 KEITH E MCCANN Defendant(s) IMPORTANT NOTICE TO: KEITH E MCCANN 4032 CHEROKEE AV CAMPHILL,PA 17011 Date of Notice: WWR#: 04914678 t [- lO '- ()(p YOU ARE IN DEFAULT B,ECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPE~.' CE PERIiONALLY ORjBY ATTORNEY AND FILE IN WRITING WITH THE COUR~ YOUR DEF SES OR 0 JECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. I I 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 ,I', ii'; TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN iU:" !~I :1 ", PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ,.' I 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 I LAWY~R REFERRAJ SERVICE I CUMB~RLAND CO~TY BAR ASQOCIATION 32 SOUTH BEDFO~D STREET 'I' CARLISLE, PA 17013 (717) 249-3166 REDUCED FEE OR NO FEE. ..'. ..........-- ...... . .:::> ~\I~ ./ 'l BY: JAMESW BRODT, ESQUIRE PA I. D. 42524 WELTMAN, WEINBERG & REIS CO., L.P.A, 2718 KOPPERS BLDG, 436 7TH AVE. PIT~BURGH, PA 15219 . ' IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 06~2947 CIVIL TERM Plaintiff NON~MILIT ARY AFFIDAVIT vs. KEITH MCCANN Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and III accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U,S,C, App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, KEITH MCCANN is not in the military service, Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, KEITH MCCANN is not in the military service. Further Affiant sayeth naught. ~~ ~ TO AND SUBSC~~y presence this ~ day CO -- :tH ,.. . ~.NIA NotaIW 8eeI W9J/A8 A.J0ne8. NotaIY Public ClyOf~,~COIJ1IV My(b...iI8Iln Expires June 29. 2)10 Member PAnnsvlvanle ~ssoci::rt!on ",f Notaries - This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose, ~ . .Request for Military Status Page 1 of2 .. Department of Defense Manpower Data Center . Military Status Report .. ... Pursuant to the Servicemembers Civil Relief Act DEC-07 -2006 13 :56:51 -< Last Name First/Middle Begin Date I Active Duty Status I Service/Agency MCCANN KEITH E 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. ~}1.. ~-~ Mary M, Snavely-Dixon, Director Department of Defense. Manpower Data Center 1600 Wilson Blvd" Suite 400 Arlington, V A 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, #167;#167; 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: bUn:/ /w~,dJ;~fen~eJink,millfaQLpisLPCQ2SLD_R.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:/ /www.dmdc.osd.mil/scral owalscra. pre_Select 12/7/2006 I . .Request for Military Status Page 20f2 .". by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided, Report ID:BEDRGXBZGMH https:/ /www.dmde.osd.mil/seral owalsera, pre_Select 12/7/2006 c :;c> ~ ~ - F ~ ~ ~ ~ ~ [:J ~ ~ ~ ~ (' ~ ~ -'a. ~ D () p:! b -I-- +- -c.. (") ~ 0 c g:; 11 ~~" c-) rn r.:: ~0f~; CO :t:;,,,, ,'.'1 _~f~_. - :::.-:: .. -,..~ (A) ".0 ~ . " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06"~941 CIVIL TERM KEITH MCCANN Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following ord~r. Judgment was entered against you on .J.Js=--r i/>, Joob (xx) Assumpsit Judgment in the amount of$7285.72 plus costs. () Trespass Judgment in the amount of$_ 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 of Traffic Safety, Harrisburg, P A. (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration A ward Prothonotary By: PRO KEITH E MCCANN 4032 CHEROKEE A V CAMPHILL,P A 170 II Plaintiffs address is: c/o Weltman, Weinberg & Reis Co" L.P,A., 2718 Koppers Building, 436 ih Avenue, Pittsburgh, P A 15219 1.888-434~0085