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HomeMy WebLinkAbout07-1293GREGG 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, ) v. ) HEATHER MARKS , ) 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, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff, NO. v. HEATHER MARKS , 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 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) Plaintiff ) NO. v. ) HEATHER MARKS , ) 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 HEATHER MARKS , an adult individual, believed to currently reside at 648 ALEXANDER SPRING RD ,CARLISLE, PA 17015. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 5178052185511496 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 $886.55, 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 $886.55, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Respectfully Submitted: Patenaude & Felix, A.P.C. G INTORRIS~ES~ 3 E. Main Street Carnegie, PA 15106 (412) 429-7675 ,~ ~ __ i ~x I~-~~ ~ STATE OF GEORGIA COUNTY OF GWINNETT 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, MARKS, HEATHER is/are justly indebted to CAPITAL ONE BANK in the sum of $1167.07 Dollars as of 09/05/2006 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. ~ili~C1l~~ Affiant Taken, subscribed and sworn to before me, pasha Walvis Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 14th day of September, 2006. MAISNA DAV!t R,"CTARY PUBLIC DEKr"•' s COUNTY,GEORGUI MY C^"~^ ;~(pIRES C':TOBER 24,2008 '~'~LGt~ Q ~_ , Notary Public My commission expires on A 144 PATENAUDE & FELIX, A.P.C 5178052185511496 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: 213 E. Main St. Carnegie, PA 15106 (412) 429-7675 e.. ` .. _, ~ ~ ~ ~a ~ t -ate ~ ~ _ -~ ~ ~ r~ - 1 ~ cq , ~' , ,!_ , ~ ~ `~ ~ ~ ~ ~ _ ~. '~ -, , -~ - <-rn ~• ~N ~ GREGG 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. 07-1293 v. ) HEATHER MARKS , ) Defendant(s). ) PRAECIPE FOR DEFAULT JUDGMENT 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, PA 15106 (412) 429-7675 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) Plaintiff ~ N0.07-1293 v. ) HEATHER MARKS , ) Defendant(s) ) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint $886.55 Interest from July 04, 2005 $427.43 Attorney's fees $195.04 TOTAL $1,509.02 With continuing interest on the principal amount of $1,509.02, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. P By: ix. A.P.C. ~~~~ L~(~IZ7kRIS, ES( enaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) } Plaintiff ) NO. 07-1293 v. ) HEATHER MARKS , ) Defendant(s) ) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P.1037(b) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, Personally appeared Gregg L. Morris, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), HEATHER MARKS , is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. elix, A.P.C. Sworn to and subscribed before me this ~_day of ~ ( 20 ~1 , ~. Notary Public By: ORRIS, ESQUIRE P~naude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 NOTARIAL SEAL ERIN N BALTZELL CARNEGIE BO OU H, ALLEGHENY COUNTY My Commission Expires Jtd 21, 2010 GREGG 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. 07-1293 v. ) HEATHER MARKS , ) Defendant(s). ) IMPORTANT NOTICE 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, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, ) ~ N0.07-1293 Plaintiff v. ) HEATHER MARKS , ) Defendant(s) ) To: HEATHER MARKS 1028 W. POMFRET ST APT A CARLISLE, PA 17013 Date of Notice: Apri105, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PEROSONALLY 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 NOTICE TO A 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 717-249-316 ..,........b..., _ . _ .., .., .. (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 day by US First Class Mail, postage prepaid upon the following: HEATHER MARKS 1028 W. POMFRET ST APT CARLISLE, PA 17013 Date: April O5, 2007 .C. 213 E. Main •~. Carnegie, PA 15106 (412) 429-7675 GREGG 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. 07-1293 v. ) HEATHER MARKS , ) Defendant(s). ) NOTICE OF ORDER, DECREE OR JUDGMENT 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, PA 15106 (412) 429-7675 ~ „(~ n C .,~..~ ~ ~, ~ ~ CFA ~ ;:. p ~.~ ~i ~~ i}' ~ ~~ ~. "`' t ~ ~ Pr ,,~~7 ~r "..,~ r-~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO.07-1293 v. HEATHER MARKS , Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( )Plaintiff (X) Defendant ( )Garnishee ( )Additional Defendant You are here notified that the following Order, Decree, or Judgment has been entered against you on ~L,i .Z. U ~L~ ( )Decree Nisi in Equity ( )Final Decree in Equity (X) Judgment of ( )Confession ( )Verdict ( )Court Order ( X) Default ( )Non-suit ( )Non-Pros ~ ( )Arbitration Award (X) Judgment in the amount of $1,509.02, plus cost. ( )District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license wil be suspended by the Department of Transportation. Prothonotary By If you have questions concerning the above, please contact: Name of Attorney: GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01293 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MARKS HEATHER SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARKS HEATHER the DEFENDANT at 1740:00 HOURS, on the 15th day of March 2007 at 1028 W POMFRET STREET CARLISLE, PA 17013 by handing to HEATHER MARKS 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 9.60 Affidavit .00 Surcharge 10.00 .00 / 37.60 D~ ~~101 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/16/2007 PATENAUDE & FE By. ` eputy Sheriff A.D.