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HomeMy WebLinkAbout07-1021 GREGG L. MORRIs, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CAPITAL ONE BANK, Plaintiff, ) ) ) NO. C7 -1DJ..l ) ) ) ) ) ) ) C!;u~Cr~ v. JAMES M JACKSON, Defendant( s). COMPLAINT IN CIVIL ACTION Filed on behalf of: 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, P A 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CAPITAL ONE BANK, ) ) Plaintiff, ) NO. ) v. ) ) JAMES M JACKSON, ) ) 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. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE 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 TIffi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CAPITAL ONE BANK, Plaintiff ) ~ NO. 0'7. /p.2J G:v:J T.u-- ) ) ) ) ) ) ) v. JAMES M JACKSON, Defendant. COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE BANK, by and through its attorney, GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, AP.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 JAMES M JACKSON, an adult individual, believed to currently reside at 114 ROSS AVE, NEW CUMBERLAND, P A 17070. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 4388641664592826 , for the purchase of goods and services. 4. The Defendant(s) made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the said sum of$4,375.67, plus interest and costs. An Affidavit of a representative of CAPITAL ONE BANK is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $4,375.67, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. o 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 ---f / /] -1 "'cJ I,.,.,..-~I' . nil, ., Ie;) / .,' '-') /.-1 '/',. I ~'-./ !^ i. STATE OF GEORGIA E~A COUNTY OF GWINNEIT Personally appeared before me HENDERSON W MCKENZIE II, 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, JACKSON, JAMES M is/are justly indebted to CAPITAL ONE BANK in the sum of $5660. 13 Dollars as of 08/29/2006 with 26.99% 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 14th day of September, 2006. ~f/{.IJ PiJ;j.,~ Affiant Taken, subscribed and Sworn to before me, Maisha Davis Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 14th day of September, 2006. rc:A!SHA OA\% NOTARY PUBUC DEKAlB COUNTY,GEORGIA MY COMMISSION EXPIREs C'::TOBER 24.2008 \ ~~U0 Notary Public My commission expires on A144 PATENAUDE & FELIX, A.P.C 4388641664592826 -----_.._-------~-------._------_._,.---_..~---,---- - - -------------- 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 ofthis 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. gg . Mo re atenaude & Felix, A.P.C 213 E. Main Street Carnegie, P A 15106 (412) 429-7675 Date: 0 ~ ~ \ <11 I'.;) 0 G ~ 0 = C. <= II .~c -..l :t!"T'I <... .." "1 ~-r,} f~,~ f'T1 rn- ""- '.-;,' I CD -oFTi -- :t C> N :iJ? ~ W OJ :.::l~. ~ ..() ~ -0 ."j .T1 C> :::a: ~~~ D - ~ .. >- ~ b N ::0 W -< ~ ~ - tI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) ) Plaintiff ) NO. 07-1021 ) v. ) ) ) JAMES M JACKSON, ) Defendant ) PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE Filed on behalf of Capital One Bank, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa LD. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, P A 15106 (412)429-7675 JACKSON, JAMES 762.2374.wpd - ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) ) Plaintiff ) NO. 07-1021 ) v. ) ) ) JAMES M JACKSON, ) Defendant ) PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: Prothonotary Please settle and discontinue the matter captioned above without prejudice. Thank you. Date: Sworn to and subscribed before me this ~ day of ~ 2007, ~ ~, ~A _ Notary Public ~ NOTARIAL SE;, ERIN N 8Al.:TZ~ No ell CARNEG/f 8ORo~ary Public My commIulonG~. ALLEGHENY COUNTY p/r., JUI27, 2070 o ~. \ ; .~ ~ = = --> -f'1" --- ~ , u:> -0 -,".1" ....;.... o -n .-\ -r::-n r\'\ r.:, -'"leg ~~~,~, ..-:-~ ~~~~.~.. T'""- '~~R\ :':'\ ~~.:t" ".1 ~ r--) ., .r::" U1