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HomeMy WebLinkAbout07-1822GREGG 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 V. JAMES D AKE, 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. JAMES D AKE, 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 NO. 0(1 1Q oZ? 61 1 v. JAMES D AKE, 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 JAMES D AKE, an adult individual, believed to currently reside at 2906 DICKINSON AVE APT 1, CAMP HILL, PA 170115226. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 5178052312798057 , 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 $5,926.15, 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 $5,926.15, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Respectfully Submitted: Carnegie, PA 15106 (412) 429-7675 7G 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, AKE, JAMES D is/are justly indebted to CAPITAL ONE BANK in the sum of $7665.79 Dollars as of 09/30/2006 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 26th day of October, 2006. AoIJ11101z - Af iant Taken, subscribed and sworn to before me, MYRA PRINDLE Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 26th day of October, 2006. No ublic My commission expires on MYRA PRINDLE ary u is Gwinnett County Georgia My Commission Expires July 31 st 2008 A144 PATENAUDE & FELIX, A.P.C 5178052312798057 " 131 1A tr VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in this Complaint are true and correct to the best ofhis knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unworn 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 ver712. of the party will be provided if requested. A Date: ,wire tenau e & elix, A.P.C. 213 E. Main St. Carnegie, PA 15106 (412) 429-7675 O - l t /1 l ?c N a F N c.a n ?.n C7 F TI } t -r i+'t 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. 2007-1822 V. ) JAMES D AKE, ) Defendant(s). ) PRAECIPE FOR DEFAULT JUDGMENT 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. 2007-1822 V. JAMES D AKE, 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 $5,926.15 Interest from August 29, 2005 $2,795.78 Attorney's fees $0.00 TOTAL $8,721.93 With continuing interest on the principal amount of $8,721.93, 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. &,Felix, A.P.C. By: -, ' F/P ude & 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. 2007-1822 V. JAMES D AKE, 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), JAMES D AYE , 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. Felix, A.P.C. Sworn to and subscribed before me this day of 206-1 , Notary Public By; fiREqUY. MURRIS, ESQUIRE atenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 NOTARIAL SEAL ERIN N RALTLELL Notary Pubtlc CARNEGIE BOROUGH, ALLEGHENY COUNTY My .^_ nr?, _ it r, Expi*es Jul 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. 2007-1822 V. ) JAMES D AKE, ) 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, Plaintiff NO. 2007-1822 V. JAMES D AKE, Defendant(s) To: JAMES D AKE 2906 DICKINSON AVE APT 1 CAMP HILL, PA 170115226 Date of Notice: May 15, 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 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, PA 17013 717-249-3166 Felix, A.P.C. By: GREGO-. MORRIS, ESQUIRE Patenaude & Felix, A.P.C. 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 day by US First Class Mail, postage prepaid upon the following: JAMES D AKE 2906 DICKINSON AVE A CAMP HILL, PA 170115 Date: May 15, 2007 Patenaude & Felix, A.P.C. Attorneys for Plaintiff 213 E. Main Street 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. 2007-1822 V. ) JAMES D AKE, ) 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 W ?- o G ?r y ?T nl\ 9i C? 01 ry? {rrte j w, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO. 2007-1822 V. JAMES D AKE, Defendant(s) NOTICE OF ORDER. DECREE OR JUDGMENT TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on p ( ) 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 $8,721.93, 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 `--rl Deputy 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: 2007-01822 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AKE JAMES D KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AKE JAMES D the DEFENDANT at 1942:00 HOURS, on the 23rd day of April 2007 at 2906 DICKINSON AVENUE APT 1 CAMP HILL, PA 17011 by handing to JAMES D AKE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 28.80 Affidavit .00 Surcharge 10.00 .00 Sf ,7 ??0 7 ?,., '?-5 6 . 8 0 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 04/24/2007 PATENAUDE & FELIX By. A. D.