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Home My WebLink About06-6471f 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ANHTUAN NGUYEN Defendant No : (No -- to q l l ?11 U. Lc- COMPLAINT IN CIVIL ACTION 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 05493076 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ANHTUAN NGUYEN 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, is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: ANHTUAN NGUYEN 27 LENOX CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011005660159180 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of October 23, 2006 , in the amount of $11157.90 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1500.00 8. 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 , ANHTUAN NGUYEN INDIVIDUALLY , in the amount of $11157.90 with interest at the legal rate of 6.000a per annum from date of judgment plus attorneys' fees of $1500.00 , and costs. JZT s C. Warmbrodt,42524 W , WEINBERG & REIS CO., L.P.A. . 4;?6 S venth Avenue, Suite 2718 Pitt urgh, PA 15219 '(412 434-7955 F 412-338-7130 05 93076 C A Pit WLG This law firm is a debt collector kt?tempting to collect this debt for our client and any information obtained will be used for that purpose. new balance 'c `, minimum payment due ; account number 6011 0056 6015 9180 DtS $11,157.90 CO $11,157.90 enter amount enclosed below CARD payment due date $ September 21, 2006 Please make check payable to Discover Platinum Card. Minimum payment due includes a past due amount of $2,183.00. 22 SDSN6A010003757 ANHTUAN NGUYEN Consolidate bills quickly and securely 27 LENOX CT with a Balance Transfer to your Discover Card - Call 1-877-353-0989 or visit MECHANICSBURG PA 17050-8216 Discovercard.com/balancetransfer TODAY! PO BOX 15251 WILMINGTON DE 19886-5251 Address, e-mail or telephone change? Print change in space above, or I I' I I I I I I I I I I I' I I' 1111' I I 1 I'' 1 t"I I I' I I go to Discovercard.com. Print your e-mail address to receive important , f Account information and special offers. 000006011005660159180111579000000001115790 Discover Platinum Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 0056 6015 9180 September 21, 2006 $11,157.90 $9,800.00 $0.00 $0.00 $0.00 Closing Date: August 22, 2006 page 1 of 1 previous balance $11,157.90 payments and credits - 0.00 purchases + 0.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 0.00 new balance = $11,157.90 EXHIBIT ------ ----------- --------------------------- -------- -------------- Opening Cashback Bonus Balance $ 0.00 Cashback Bonus® New Cashback Bonus Earned + 0.00 Cashback Bonus® Anniversary Date: January 22 Cashback Bonus Balance Available to Redeem $ 0.00 $ 0.00 Transactions While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Average Daily Balances current billing period: 31 days Purchases $0 Cash Advances $o Nominal ANNUAL Daily ANNUAL PERCENTAGE Periodic PERCENTAGE Rates RATES RATES 0.06641% 24.24% V 24,24% 0.06299% 22.99% F 22.99% Transaction Periodic Fee FINANCE FINANCE CHARGES CHARGES $0 none $0 $0 . . t . . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is Robert Adkins, (Name) Accounts Manager of Discover Financial Services LLC., plaintiff herein, that (Title) (Company) he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. ( ignature) WWR # 5493076 ANHTUAN NGUYEN 6011005660159180 E - j f- -73 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06471 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS NGUYEN ANHTUAN 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 hT("_TTVRT\T ZiTNTTJTTTATNT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , NGUYEN ANHTUAN 27 LENOX CT MECHANICSBURG, PA 17050 27 LENOX COURT IS VACANT. DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 9.68 Not Found 5.00 Surcharge 10.00 .00 42.68 /b So answers- Thomas Kline R. Sheriff of Cumberland County WELTMAN WEINBERG REIS 12/05/2006 Sworn and Subscribed to before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ANHTUAN NGUYEN Defendant No. 06-6471 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 WWR 905493076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-6471 CIVIL TERM vs. ANHTUAN NGUYEN 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, ANHTI.IAN NGUYEN, by certified U.S. Mail and Certificate of Mailing, addressed to 27 Lenox Ct, Mechanicsburg,Pa 17050, averring in support thereof the following: 1. On or about NOVEMBER 6, 2006, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $11157.90. 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 Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #05493076 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 27 Lenox Ct, Mechanicsburg,Pa 17050, a true and correct copy of Plaintiff's 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 27 Lenox Ct, Mechanicsburg,Pa 17050. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which confirmed the Defendant's current physical address as 27 Lenox Ct, Mechanicsburg,Pa 170:50. 7. 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 can Defendant by alternative means. WWR #05493076 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 (27 Lenox Ct, Mechanicsburg,Pa 17050) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult, 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 VVWR 405493076 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06471 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS NGUYEN ANHTUAN 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 NGUYEN ANHTUAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT NGUYEN ANHTUAN NOT FOUND , as to 27 LENOX CT MECHANICSBURG, PA 17050 27 LENOX COURT IS VACANT. DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 Service 9.68 Not Found. 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.68 WELTMAN WEINBERG REIS 12/05/2006 Sworn and Subscribed to before 1'?1 f me this _ day of , A.D. W ELTMAN, W EINBERG & REIS Co., L.P.A. WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolczan@Weltman.com Postmaster MF:CIIANICSI1URG,PA 17050 December 20. 2006 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the rtevw address or the name and street address (if a boxholder) for the 1611o,,ving: Name: ANHTUAN NGUYEN Address: 27 LENOX CT MECIIAN1CSI3URG.PA 17050 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 51 3.723.2200 CLEVELAND,OH 2 16.685. 1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 NO IT, The name and last known address are required for change of address information. The name, if known, and post office boa address are required for boxholder information. The fblloNNing information is provided in accordance with 39 Cf"R 265.6(d)(6)(ii). There is no tee for providing boxholder information. The fee fiat providing change of address information is waived in accordance with 39 ('FR 265.6(dx I) and (2) and corresponding Administrative Support Manual 352.44a and b- 1 . CapaciiN ohrequestcr: William T. Molczan, Esquire, Attorney for Plaintiff, DISCOVER BANK 2. Statute or rcgulati()ll that empowers me to serve process : N/A 3. The mmnes ofal.l known parties to the litigation: DISCOVER BANK vs. ANHTUAN NGVYEN 4. the Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or ether identifying number ifone has been issued: : 06-6471 CIVIL TERM The c;:pacit, in wiaich this individual is to be serxed: Defendant WARNING I IiF SUE3MISSION OF FAI.SF INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDFR INFORMATION FOR ANY PURPOSI= OTIIL:R THAN TIIE SERVICE-' OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIN11NA1. PENALTIES INCLUDING A FINE OF UP TO $10.000 OR IN4PRISONMFNT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH 18 U.S_C. SECTION 1001). 1 certifi' that the above information is true and that the address information is needed and will be us: d solely for service of legal process in connection with actual or prospective litigation. oat ). f isc e BOX1lOI.DER'S POSTMARK Not kno\vn at address eiven. ----Moved, left no forward address. No such address. No change ofaddress on file V Goad as Addresser! XRX PLEASE INDICATE PHYSICAL ADDRESS WELTNIAN, WEINBER & HEIIS L.P.,a. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY i 't NEVI-' ADDRESS or NAME and SIRE "I' ADDRESS ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weitinan.coni OF INNOVATION GROWTH + RESULTS WWR#05493076 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 F j) , 2007, by first class, U.S. Mail, postage-prepaid, addressed as follows: ANHTUAN NGUYEN 27 Lenox Ct Mechanicsburg,Pa 17050 Attorney for Plaintiff WWR #05493076 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 06-6471 CIVIL TERM Plaintiff vs. ANHTUAN NGUYEN 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 27 Lenox Ct, Mechanicsburg,Pa 17050. A true and correct copy of the Postal Service Return is marked Exhibit attached hereto and made a part hereof. WWR 405493076 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, ANHTUAN NGUYEN, is 27 Lenox Ct, Mechaniesburg,Pa 17050. WELTMAN, WEINBERG & REIS, CO., L.P.A. r< William T.;MolcLzan, Esquire,;' PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me this day of February, 07 "Notar/ // OMM NW -NNOV 1iAM Noted Sol Pubilo Wayne A. Jane9, NttarY Oily of Pi ftburgh, AUeghMn County My Comn,issior Expires June 29, 2010 MQ r, pqnns?fivania Ass?*ciatic+n of Noterleik W WR #05493076 ? a -g'"y "? ? ? ;"'r i f"?-? ?' r J ? ?? ? ? ,, ? t ?,? ? ? .. ' ?.. ?j ' ± ~' > ?.??? C ? ' • ?? r ...c; ?? DISCOVER BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANHTUAN NGUYEN, DEFENDANT 06-6471 CIVIL ORDER OF COURT AND NOW, this 26th day of February, 2007, upon consideration of the Plaintiff's Motion for Service Pursuant to Special Order of Court and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Anhtuan Nguyen, have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff is directed to serve the Complaint upon Defendant, Anhtuan Nguyen, by posting a copy of the Complaint upon the premises, 27 Lenox Court, Mechanicsburg, PA 17050; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last known address at 27 Lenox Court, Mechanicsburg, PA 17050; 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; By the Court, M. L. Ebert, Jr., J. illiam T. Molczan, Esquire Attorney for Plaintiff timberland County Sheriff bas L I :C Wd U 03J LODZ d s w iw i ]HI ?o 301-? ,0-0311) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ANHTUAN NGUYEN Defendant No. 06-6471 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick. Thomas Woodman PA I.D. #34507 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05493076 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-6471 CIVIL TERM ANHTUAN NGUYEN Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: a ?ow?aa ?eo Patrick Thomas Woodman PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05493076 ? c 415 co r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ANHTUAN NGUYEN Defendant No. 06-6471 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman PA I.D. #34507 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05493076 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 06-6471 CIVIL TERM ANHTUAN NGUYEN Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: `T I??oA U'w2sy%?- Patrick Thomas Woodman PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05493076 ? O O W ooo c s r`V '..:..7 tel. s r :..' n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. ANHTUAN NGUYEN Defendant No. 06-6471 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: PATRICK THOMAS WOODMAN, Esquire PA. I.D.#34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05493076 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 06-6471 CIVIL TERM vs. ANHTUAN NGUYEN Defendant AFFIDAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared DISCOVER BANK, Esquire, who, being duly sworn according to law, deposes and says that on NOVEMBER 13, 2007, he did cause to be sent to Defendant, ANHTUAN NGUYEN, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and on NOVEMBER 13, 2007, he did cause to be sent to Defendant, ANHTUAN NGUYEN, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at his last known address of 27 LENOX Ct, MECHANICSBURG,PA 17050. True and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as Exhibit 1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Court states, service is deemed to be perfected as of NOVEMBER 13, 2007, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: PATRICK THOMAS WOODMAN, Esquire PA. I.D.#34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and si before is day of NOTARY PUBL WWR#05493076 COMMONWEALTH OF PENNSYLV A bed NotB WSJ 7. Ww*! V M4Y 68I le=n 20R OOMEST?C ANO WTEWT10NAL 6WL. DOES NOT ?onvn? Iw^4 s^SThi,$TER ?!"?? -- "np:a?ny Received prom, wtiamin, Weinberg & Reis Co., Lr . Aldo 438 7h Avenue (412) 434-7955 One co u( Wdl ary mall drops t ' PS Form 3BIT, January 2001 N CO (Domestic Ir For livery infornia tion visit our web a N I? Post-P I S s IM CerdFied Fee r? L a C3 Retum Receipt Fee O (Endorsement Required) C3 Or .° A-k =0. E Posaena& Here Restricted Delivery Fee (Endorsement Required) C D' I- e & Fees l Posta T t ?5 55 - r? g o a , Sent To -- -- -------- n , -------- /_•-- - --------'------- O or PO Box M. a -_---- FIRST CLASS aC,q era ,? .?. ? CC) rn - - IT c7 CD SHERIFF'S RETURN - REGULAR CASE NO: 2006-06471 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS NGUYEN ANHTUAN WILLIAM CLINE Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE NGUYEN ANHTUAN DEFENDANT at 27 LENOX CT Sheriff or Deputy Sheriff of was served upon the at 1658:00 HOURS, on the 20th day of November-, 2007 MECHANICSBURG, PA 17050 nnerrvn nunnVurrV Arr 07 T.FhTnX by handing to COURT MECHANICSBURG a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.76 Posting 6.00 Surcharge 10.00 .00 39.76 Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 11/21/2007 WELTMAN WEINBERG REIS By: - /z, ? -, ? - Deputy Sheriff of A. D. J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. ANHTUAN NGUYEN Defendant No. 06-6471 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., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05493076 Judgment Amount $ 12657.90 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 DISCOVER BANK Plaintiff vs. Civil Action No. 06-6471 CIVIL TERM ANHTUAN NGUYEN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ANHTUAN NGUYEN above named, in the default of an Answer, in the amount of $12657.90 computed as follows: Amount claimed in Complaint $11157.90 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1500.00 TOTAL $12657.90 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: WILLIAM T. MOL AN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05493076 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 27 LENOX CT, MECHANICSBURG,PA 17050 f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff ANHTUAN NGUYEN Defendant(s) IMPORTANT NOTICE TO: ANHTUAN NGUYEN 27 LENOX CT MECHANICSBURG,PA 17050 Date of Notice: WWR#: 05493076 Case # O(P-G41I -CNlU-TEW 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, PA 17013 (717) 249-3166 BY : `/- yl?ctivry? t/?yp?YVt? PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 f Li IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 06-6471 CIVIL TERM Plaintiff vs. ANHTUAN NGUYEN Defendant NON-MILITARY AFFIDAVIT 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 in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ANHTUAN NGUYEN 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, ANHTUAN NGUYEN is not in the military service. Further Affiant sayeth naught. e. AFFIANT SW RN TO AND SUBSCRIBED in my presence this day of AA1? nMn/n _ r_)(q1A_ x 11L V !-ayne A Jnp s '. Aa4? POD°c y Y PUBL ' - -] 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 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 JAN-14-2008 13:01:00 C Last Name First/Middle Begin Date Active Duty Status Service/Agency NGUYEN ANHTUAN 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. Mary M. Snavely-Dixon, 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. §§ 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 of DOB, 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: hap://www.defenselink.miYf aq/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/14/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: KYFIWCCVYI https://www.dmdc.osd.mil/scra/owa/scra.prc-Select 1/14/2008 ,..f ?' ? _ Rs ? ?i rti ``, - , ?+.Y• .?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 06-6471 CIVIL TERM ANHTUAN NGUYEN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $12657.90 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not 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, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR 4 EPUTY) ANHTUAN NGUYEN 27 LENOX CT MECHANICSBURG,PA 17050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085