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HomeMy WebLinkAbout07-1183 .. GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P .C. 213 E. MAIN STREET CARNEGIE, P A 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) ) ) NO. O^l - IIP~ ) ) ) ) ) ) ) Plaintiff, v. MICHAEL E ZIMMERMAN , 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 J.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, P A 15106 (412) 429-7675 {JluLI~ - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPIT AL ONE BANK, ) ) ) NO. ) ) ) ) ) ) ) Plaintiff, v. MICHAEL E ZIMMERMAN , 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. TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IDRlNG A LAWYER. IF YOU CANNOT AFFORD TO IDRE A LAWYER, TIDS OFFICE MAYBE 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, P A 17013 717-249-3166 - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) ~ NO. 6'1 - //!3 ) ) ) ) ) ) ) ~1~\LT~ Plaintiff v. MICHAEL E ZIMMERMAN , 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, 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 MICHAEL E ZIMMERMAN, an adult individual, believed to currently reside at 219 MEADOW DR , SHIPPENSBURG, P A 17257. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 4305982484573467 , 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$883.48, 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 $883.48, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Respectfully Submitted: S,ESQ E. Main Street amegie, PA 15106 (412) 429-7675 ---r/ '""\ "\\i ) I J jCe);> , elWkMA 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, ZIMMERMAN, MICHAEL E is/are justly indebted to CAPITAL ONE BANK in the sum of$1055.93 Dollars as of 09/05/2006 with 16.65% 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 18th day of September, 2006. ~~~ 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 18th day of September, 2006. Henderson W. McKenzie U , NotafIJ Public, Gwinn~tt County, GeorgIa MV Commission Expires August 2, 20~ 0 My commission expires on }#~~ Notary Public A144 PATENAUDE & FELIX, A.P.C 4305982484573467 "Jrawc~ '- VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in this Complaint 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: :v ~ -6q #. '\ .~ (") r--,) = 0 c = .,~'l'" --.l ." .'~- ~1: :r!1l ~':"r'" ~ ~ ;:0 n1r= ......... I' elm ......... U1 .-00 @ '0 ~ C),lj ~ '1\.'- ~ -0 ..'"t"" --,-. t -"'" c~J ~~ w <Sm '() -I '1> c.....> ~n ~ 0) -< J: .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff ) ) ) NO. 07-1183 ) ) ) ) ) ) v. MICHAEL E ZIMMERMAN, 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 J.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, P A 15106 (412)429-7675 ZIMMERMAN, MICHAEL 762.2223.wpd .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) ) NO. 07-1183 ) ) ) ) ) ) CAPITAL ONE BANK, v. MICHAEL E ZIMMERMAN, 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 thisAdayof (\~ 2007, ~'Vt . ~ Notary Public ~ NOTARIAL SEAL ERIN N BAlTZELL Notary Public CARNEGIE BOROUGH, AI.lEGHENY COUNlY Mv Commlsslol"l Fl(plres Jul 21, 2010 (') ~ S. -00) cpUJ "'-f:!;'> Z.,., (fJ~~~~,. =i; ,,; r:.,...C ~- 7CC': =." ,J )>c: ~ ,...:J ~ ~ ..... :s: :JlIl' :;::0 ~ ~~ "'0 :0 on ~~ 5~ ~ ~ -0 :x; <f!