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Home My WebLink About06-3264 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. U` - 32L?f l lc, vs. GARY L ALEXANDER COMPLAINT IN CIVIL ACTION 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#05215638 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GARY L ALEXANDER 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL D{yISION CAPITAL ONE BANK Plaintiff vs. GARY L ALEXANDER Defendant Civil Action No. COMPLAINT o?.- .32L'y AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, GARY L ALEXANDER, 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 residirfg at 138 VAUGHN RD T-359 SHIPPENSBUIRG,PA 17257 . 4. Defendant requested the accouhf4ndmade use of said account and has currently a balance due and owing to Plaintiff, as of JUNE 2, 2006, in the amount of $2,342.33. 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, GARY L ALEXANDER, individually, in the amount of $2,342.33 with finance charges thereon at the rate of 20.65% per annum from JUNE 2, 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., L.P.A. WILLIAM T. M LC , ESQUIRE PA I,.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 05215638 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Q,ra IK. I-k) /l? (NAME) R ( / n C C of lA 12, ?-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. n (SIGNATURE) WWR#?1?4? d p?V vt o r? ,:-?1 Y5 r C,J I OV-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GARY L ALEXANDER Defendant No. 06-3264 CIVIL TERM MOTION FOR ALTERNATE SERVICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R #05215638 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-3264 CIVIL TERM VS. GARY L ALEXANDER Defendant PLAINTIFF'S MOTION FOR ALTERNATE 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, GARY L ALEXANDER, by certified U.S. Mail and Certificate of Mailing, addressed to 138 Vaughn Rd T-359, Shippensburg,Pa 17257, averring in support thereof the following: 1. On or about JUNE 8, 2006, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $2342.33. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "1 ", and made a part hereof. 3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. W WR #05215638 4. Pursuant to Plaintiffs request for information, the United States Postal Service confirmed Defendant's physical address of 138 Vaughn Rd T-359, Shippensburg,Pa 17257, 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 138 Vaughn Rd T-359, Shippensburg,Pa 17257. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which confirmed the Defendant's current physical address as 138 Vaughn Rd T-359, Shippensburg,Pa 17257. 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are vehicles registered to Defendant at 138 Vaughn Rd T-359, Shippensburg,Pa 17257. 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. W WR #05215638 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 (138 Vaughn Rd T-359, Shippensburg,Pa 17257) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. illiam T. Mo cza squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR #05215638 SHERIFF'S .ETURN - NOT FOUND _ CASE NO: 2006-03264 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK ALEXANDER GARY -L 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 ALEXANDER GARY L unable to locate Him in his bailiwick COMPLAINT & NOTICE , but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT ALEXANDER GARY L 138 VAUGHN RD T-359 SHIPPENSBURG, PA 17257 THERE IS NO TRAILER ON THIS TRACT OF LAND. Sheriff's Costs: So answer Docketing 18.00 r Service 17.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn WELTMAN WEINBERG REIS 06/15/2006 Sworn and Subscribed to before me this day of A. D. NISA WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolczan@weltmen.com Postmaster SHIPPENSBURG,PA 17257 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.431.4955 wn, w.wewc ,n .com /??/? OF INNOVATION OROV/TY1 RCSU'TS Joie 2?I 2096 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street.address (if a boxholder) for the following: Name: GARY L ALEXANDER Address: 138 VAUGHN RD T-359 SHIPPENSBURG,PA 17257 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OR 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)! l ),vnd (2) and corresponding Administrative Support Manual 352.44a and b. 1 . Capacity of requester: William T. Molczan, Esguir_e, Attornr?_' i! PY+,intiff. CAPTIAL ONE BANK 2. Statute or regulation that empowers me to serve process :_'-,A The names of all known parties to the litigation: CAPTIAL ONE BANK vs. GARY L ALEXANDER The Court in which the case has been or will be heard: Court of Common Pleas in CUMBERLAND 5. The docket or other identifying number if one has been issued: 06-3264 CIVIL TERM The capacity in which this individual is to be served: Defendant AVAr:NlN(7 THE SUBMISSION OF FALSE INFORMATION TOOBTA?N AND CsI C w0l I?7 ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PRL)i i .'.. 'q'(!6NNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,00 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 1.8 U.S.C. SECTION 1001). 1 certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. KRISTEN E B LES WELTMAN, WEINBERG & REIS CO., L.P.A. 271.8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1521.9 FOR POST OFFICE USE ONLY BOXHOLDER'S POSTMARK _Not known at address given. Moved, left no forward address. No such address. -?? No change of address on life Good as Addressed N_XX PLEASE INDICATE PHYSICAL ADDRESS NEW ADDRESS or NAME and STREET ADDRESS WWR#05215638 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 7/19/06 PAGE 1 276002 OWNER GARY L ALEXANDER 138 VAUGHN RD SHIPPENSBURG PA 17257 TITLE NUMBER 43024176 TAG NUMBER VIN MY9074841 MAKE FAIRMONT MODEL RENEWAL WID PREVIOUS TAG LIENS YES STOPS NO 062000710000164 011 LESSEE : NONE TITLE DATE : 05/31/90 REGISTRATION EXPIRY DATE: BODY TYPE MH ODOMETER READING *EXEMPT BY FED LAW DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1990 STOLEN DATE TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION LIEN HOLDER NO. 1 NAME : BANK OF AMERICA FSB STE 230 ADDRESS: 400 SOUTHPOINTE BLVD EXPIRATION DATE: 11/13/28 SOUTHPOINTE PLAZA 1 ABA NO : CANONSBURG PA 15317 ELT IND: NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TOO IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 WWW_DOT.STATE.PA.US 052 1 T623 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the I day of, 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: GARY L ALEXANDER 138 Vaughn Rd T-359 Shippensburg,Pa 17257 Attorney for Pla nti W WR #05215638 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK NO. 06-3264 CIVIL TERM Plaintiff VS. GARY L ALEXANDER Defendant 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 138 Vaughn Rd T-359, Shippensburg,Pa 17257. 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 138 Vaughn Rd T-359, Shippensburg,Pa 17257. A true and correct copy is attached hereto and marked as Exhibit "3". W WR 405215638 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, GARY L ALEXANDER, is 138 Vaughn Rd T-359, Shippensburg,Pa 17257. W ELTMAN, WEINBERG & REIS, CO., L.P.A. W illy . Molcza , Es ire PA 1. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn tsubscribed before me day ugust, 06 Notary COMMONWEALTH OF PENNSYLVANIA ?- Notadal Seal i Heidi.:. Ke)y, Notar}, Public City' Of Plnsou%h, A6apnany County MyCOmmlmax ,Exgree Nw 4,2009 Member, Pennsyw'Mls Assocletion of Notadee W WR #05215638 `?' ? o ,? -?, ,:? ??. ?_,,, ?? r ? , R,; , . `, ?. T _ ?, ?. 20, BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GARY L ALEXANDER No. 06-3264 CIVIL TERM ORDER OF COURT AND NOW, to-wit, this day of 1j3 2006, upon consideration 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 on Defendant, GARY L ALEXANDER, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 138 Vaughn Rd T-359, Shippensburg,Pa 17257 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: ?A f5 WWR #05215638 { .. .i c. , , G 7 .'i u ? ?'?-{ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03264 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ALEXANDER GARY L 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 ALEXANDER GARY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 138 VAUGHN RD T-359 ALEXANDER GARY L NOT FOUND , as to SHIPPENSBURG, PA 17257 THERE IS NO TRAILER ON THIS TRACT OF LAND. Sheriff's Costs: So answer • Docketing 18.00 Service 17.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 50.60? '71, TJO& Sworn and Subscribed to before me this day of A. D. WELTMAN WEINBERG REIS 06/15/2006 -.elm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GARY L ALEXANDER Defendant No. 06-3264 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215638 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-3264 CIVIL TERM GARY L ALEXANDER Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney fo Pla tiff 2718 Kop ers B ilding 436 Sev nth Av nue Pittsbur h, PA 5219 (412) 4A4-795 5 ,?aN\P SWORN TO AND SUBSCRIBED before me this day of J4 ?". 0f\-- NOT o/o?,`.RONNIE ow A0 G°an\a Pss s 9n en, v