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Home My WebLink About07-1608GREGG 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. V. ) EMMETT R COOK, ) 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, V. EMMETT R COOK, Defendant. NO. 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, V. Plaintiff Defendant. NO. 09- /46f ' ;d COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE BANK, by and through its EMMETT R COOK, 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 EMMETT R COOK, an adult individual, believed to currently reside at 115 S 24TH ST APT A, CAMP HILL, PA 17011-4634. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 4121741671411788 , 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 $873.04, plus interest and costs. An Affidavit of a representative of CAPITAL ONE BANK is attached hereto as Plaintiff s Exhibit "A" and is incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $873.04, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Respectfully Submitted: & Felix, J.P.C. 13 . Maift",Weet egie, PA 15106 2) 429-7675 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, COOK, EMMETT R is/are justly indebted to CAPITAL ONE BANK in the sum of $1137.49 Dollars as of 10/13/2006 with 25.90% 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 27th day of October, 2006. 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 27th day of October, 2006. Notary Public My commission expires on MAISHA DAVIS HENRY COUNTY, GEORGIA MY COMMISSION EXPIRES OCTOBER 24TH, 2010 A144 PATENAUDE & FELIX, A.P.C 4121741671411788 V 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: at ude & Felix, ARC fqK E. Main Street Carnegie, PA 15106 (412) 429-7675 ? ? {Q , " ? '? h 1 1. A \ (/? ?( ? ? ? V ? J J ` ?. ? ? ?? N r.? ?? ?y?}_? r •..d ? yy * n s ? ?? ? VJ .?_ ? +' N p ? 1 _ ?v T, r ??' w ?rn 4..J .i: ". SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01608 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS COOK EMMETT R 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 COOK EMMETT R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 115 S 24TH STREET APT A CAMP HILL. PA 17011-4634 COOK EMMETT R PER POST OFFICE, DEFENDANT IS NOW LIVING IN HARRISBURG. Sheriff's Costs: Docketing 18.00 Service 13.44 Not Found 5.00 Surcharge 10.00 .00 y?bu?n-7 L?- ? 46.44 So answer --- R. Thomas Kline Sheriff of Cumberland County PATENAUDE & FELIX 04/02/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-1608 V. EMMETT R COOK Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Filed on behalf of CAPITAL ONE BANK Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_l70 Prcp Disc w/o Ptdc P&F File No. 762.3990 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-1608 V. EMMETT R COOK Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: Prothonotary Please discontinue the matter captioned above without prejudice. Thank you. Respectfully elix, A.P.C. Date: ?3'regg'r. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 Sworn to and subscribed before me this day of , 20C? Notary Publi CWMONWk fi OF N i' IA NOWW &W Carolyn J. SW wt Notary Pubk Came& Boro, AN gNM County My Com *Won Evkw AV. 14,2011 Member. Pennaomis Aseodetion of Notafte PA_170 Prep Disc w/o Pddc P&F File No. 762.3990 ?`' ,.?.? P`i ?' --l C ?c?-?' _--; ?? ??, ? l y yap ; ? , S*,J y??, r z _ ?. _-, ?_, ... .- . -, } ?, .. • ? ! C"1 - C,?? ;,?'-t