Loading...
HomeMy WebLinkAbout07-0762GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff, NO. 7 - 7L o1, l_..l U CV. BONITA TILLMAN, Defendant(s). COMPLAINT IN CIVIL ACTION Filed on behalf o£ CAPITAL ONE BANK, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff, NO. V. BONITA TILLMAN, Defendant. 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 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, GO TO OR TELEPHONE THE 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 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff n. NO. ?? 7`aZ, I.IuLC ?1L. V. BONITA TILLMAN, Defendant. COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE BANK, by and through its attomey,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, CAPITAL ONE BANK, is a corporation and for the purpose of this litigation, maintaining a place of business c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, Pennsylvania 15106. 2. Defendant is BONITA TILLMAN, an adult individual, believed to currently reside at 35 SHEPHERD RD, NEWVILLE, PA 17241. 3. Heretofore, the Defendant opened a CAPITAL ONE BANK account with Plaintiff being Account No. 5291151937307682 , for the purchase of goods and services. 4. The Defendant has made or authorized a number of purchases and as of 10/05/06, Defendant owes $3,604.89 on said account plus interest. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. 6. The Defendant has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant, and the transactions between Plaintiff and Defendant give rise to an account stated, upon which Plaintiff has relied. 7. The Defendant made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $3,604.89, plus interest and costs. 8. By failing to object or dispute to the statements including the statement attached hereto as Plaintiffs Exhibit "A", Defendant has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. 9. Despite repeated demands, Defendant has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $3,604.89, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: & Felix, A.P 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before me MAISHA DAVIS, who being duly sworn, made oath that he/she is an authorized agent of CAPITAL ONE BANK, and that he/she is authorized to make this affidavit, and to the best of his/her knowledge and belief, TILLMAN, BONITA is/are justly indebted to CAPITAL ONE BANK in the sum of $5636.09 Dollars as of 09/18/2006 with 24.99% interest from said date, and reasonable attorney fees, and that the annexed account which is made part hereof is a true and correct statement of said indebtedness. To the best of my knowledge, none of the above named defendant(s) is/are active duty in the military service of the United States or any of its allies as defined in the Soldiers and Sailor's Relief Act of 1940 with amendments. Given under my hand this 6th day of October, 2006. L) Affiant Taken, subscribed and sworn to before me, Henderson W. McKenzie II Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 6th day of October, 2006. Notary Public Henderson W. McKenzie H My commission expires on 'otary Public, Gwinnett County, Georgia My Commission xpires ugus 10 A144 PATENAUDE & FELIX, A.P.C 5291151937307682 ?n t VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in this Complaint that are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided by him by the Plaintiff. The verification of the party will be provided if requested. Date: Carnegie, PA 15106 (412) 429-7675 4 CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff, NO. 2007-00762 V. BONITA TILLMAN, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE WITH PREJUDICE Filed on behalf of Capital One Bank, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. 969006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412)429-7675 TILLMAN, BONITA 762.2818.wpd +,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff, V. BONITA TILLMAN, Defendant. NO. 2007-00762 PRAECIPE TO SETTLE AND DISCONTINUE WITH PREJUDICE TO: Prothonotary Please settle and discontinue the matter captioned above with prejudice. Thank you. Date: Sworn to and subscribed before me this I day of 2007, /?\ , Notary Public NOTARIAL SEAL ERIN N BALTZELL Notary Public CARNEGIE BOROUGH, ALLEGHENY COUNTY My Commission Expires Jul 21, 2010 rawnauuc m rta x, tx.r.u 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 .* I, Gregg L Morris, attorney for Plaintiff, Capital One Bank, hereby certify that a true and correct copy of the foregoing document was served this date by US First Class Mail, postage prepaid upon the following: Bonita Tillman 35 Shepherd Rd. Newville, PA 1724 Date: & Felix, A.P.C. for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 ° n ra SHERIFF'S RETURN - REGULAR CASE NO: 2007-00762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS TILLMAN BONITA MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TILLMAN BONITA the DEFENDANT , at 1140:00 HOURS, on the 21st day of February-, 2007 at 35 SHEPHERD ROAD NEWVILLE, PA 17241 BONITA TILLMAN by handing to 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 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 3,16 V07 37.68 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/22/2007 PATENAUDE & FELIX By. Deputy Sheriff of A. D.