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HomeMy WebLinkAbout07-2494 Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 CAPITAL ONE BANK: c/o Blatt, Hasenmiller, Leibsker & Moore LLC IN THE COURT OF COMMON PLEAS P.O. Box C3800 CUMBERLAND COUNTY, PA Southeastern, PA 19398 Plaintiff v. DAVID JONES a y 9 y No. d7 -- ~l v 1121 N PITT ST CARLISLE PA 17013-1429 Defendant COMPLAINT -CIVIL ACTION COUNT ONE 1. The Plaintiff herein is CAPITAL ONE BANK. 2. The Defendant herein is DAVID JONES, an adult individual located at 1121 N PITT ST CARLISLE PA 17013-1429. 3. The Defendant at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 4. After applying all known charges and payments to said account, the balance is $8767.53. A true and correct copy of an affidavit of account is attached hereto and marked as an Exhibit. 5. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 6. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. 1842208 PPTCDEAI r WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $8767.53, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 7. Paragraphs 1 through 6 above are incorporated herein by reference as though fully set forth. g. Plaintiff was neither a volunteer nor an officious intermeddler. g. Plaintiff is the owner of said credit account. 10. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 1 ~ . The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $8767.53, and costs of this action. Dated: February 22, 2007 BY -- Ron Z. Opher, Esquire Attorney for Plaintiff STATE OF COUNTY OF AFFIDAVIT OF INDEBTEDNESS The undersigned, being duly sworn, deposes and states that he/she is an employee/agent of: CAPITAL ONE BANK and has knowledge of the account balance, and is duly authorized to make this affidavit. ~ ~. ~ ~` w ~ Affiant states that the amounts shown below are taken/calculated from the original books and records of the above named plaintiff, and based on information and belief, affiant states that the amount due to CAPITAL ONE BANK by DAVID JONES for funds advanced to defendants(s) or paid to another at defendant(s) request, or for goods or services provided to defendant(s) or to another at defendant's request, is the following: on the following account(s): CREDITOR/ACCOUNT NUMBER AMOUNT CLAIMED + INTEREST + ADJUSTMENTS - PAYMENTS = TOTAL CAPITAL ONE SANK 8767.53 0.00 0.00 0.00 8767.53 4121741383349623 TOTAL 8767.53 0.00 0.00 Affiant states that the amount shown above is true and correct and that there are no setoffs or counterclaims available to defendant(s). Further affiant sayeth not. Subscribed and Sworn to Before me ~ ' day 0~ , Notary Public My Commission Expires: Date of Service: / /20 Reference #: 1842208 Account#:4121741383349623 BAFF(11/02 )EEO TRAK AMERICA -CAPITAL ONE PA 0.00 8767.53 Af t _~ Title Sara r~ubin Notary Public. State of Neu r~~~;, Reg #Q1RI~6iA?_544 Qualified in Nassat, Caunt~~ ^~t-Rnmmiccifir CKl)It'Rc ~1~i91r7M^ EXHIBIT VERIFICATION I, Ron Z. Opher, Attorney for Plaintiff, hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. 'L ~~~1t,9'1 DATED: By: Ron Z. Opher Attorney for Plaintiff PPTXVERI 1` ~-°~o ~^ w G eL ~ .,,, ) +++<<<...JJ1 ~ V ~~ /~ ~} ~ C --; , `_.,.. i . -;-; ._ ~ , Y L ~. _ ~'1 "' w N c' u -...1 Y't~. GJ Q "C) r_ "T1 ~" ~s~ :lm_ ~' rf (C'i'1 ---~ r~,'-» Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 CAPITAL ONE BANK: c/o Blatt, Hasenmiller, Leibsker & Moore LLC IN THE COURT OF COMMON PLEAS P.O. Box C3800 CUMBERLAND COUNTY, PA Southeastern, PA 19398 Plaintiff DAVID JONES v. CIVIL ACTION -LAW 1121 N PITT ST CARLISLE PA 1 701 3-1 429 NO. 07-2494 CIVIL TERM Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, CAPITAL ONE BANK against Defendant, DAVID JONES ,for want of an answer. Assess damages as follows: Debt $8767.53 Interest (per contract and complaint) $0.00 TOTAL $8767.53 plus costs I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered after the default occurred and at least ten days prior to the date of the filing of this praecipe. Copies are attached. R.C.P.237.1 Ron Z. Opher, Esquire ID # 57507 Attorney for Plaintiff AND NOW ._ ~Gt.~.~ ~ ~ , 20Q~, Judgment is entered in favor of CAPITAL ONE BANK, against Defendant, DAVID JONES by Default for want of an answer and damages assessed at the sum of $8767.53 plus costs as per the above certification. ~. Pr honotary ~, 1842208 PPTJPFJI OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SOUARE CARLISLE, PA 17013 TO: DAVID JONES 1121 N PITT ST CARLISLE PA 17013-1429 CAPITAL ONE BANK: c/o Blatt, Hasenmiller, Leibsker & Moore, LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff v. DAVID JONES 1121 N PITT ST CARLISLE PA 17013-1429 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-2494 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. r /S~ ' Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0644. 1842208 PPTNDJNI CAPITAL ONE BANK: c/o Blatt, Hasenmiller, Leibsker & Moore LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff DAVID JONES 1121 N PITT ST CARLISLE PA 17013-1429 Defendant TO: DAVID JONES 1121 N PITT ST CARLISLE PA 1 701 3-1 429 DATED: May 22, 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-2494 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 OR CANNOT AFFORD ONE 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 BY 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Ron Z. Opher, Esquire Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 1842208 PPTNLRSI ! s N U.S. POSTAL SERVICE CERTIFICATE OF MAILING s " .:.-,!= MAY BE USED F^O ~at1-~-F.~asenmlller, LelbsKer & ~ ' PROVIDE FOR r m RecervedFn MOOre ` ~~~ ~ P.O. BOX C3800 Southeastern, PA 19398 _ a ~ ,-' ~I t - _ ~ ~` ~, Q One piece of ordinary mail addressed to: . ~ - j Cs~.c ~ ~ S, ~ ~ ~' 1`'1013 - 1 `t Zoj ,, .~,-. PS Form 3817, January 2001 4 •,~ ~ .. `e a ~ ." ..+Y .. 1 "~ ~ n ,y I Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 CAPITAL ONE BANK: c/o Blatt, Hasenmiller, Leibsker & Moore LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff v. DAVID JONES 1121 N PITT ST CARLISLE PA 1 701 3-1 429 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-2494 CIVIL TERM CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the address of the Plaintiff is c/o Blatt, Hasenmiller, Leibsker & Moore, LLC, P.O. Box C3800, Southeastern, PA 19398. Defendant's address is 1121 N PITT ST CARLISLE PA 17013-1429. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailor's Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATED: June, 2007 BY: ~- Ron Z. Opher, Esquire 1842208 PPTJCAMI ~"~ ICJ. `~ ~ ~ ,~ c. ~ ~~ . ~;~ ~ _ ~ ~'~, ~ , ~ W SHERIFF'S RETURN - REGULAR CASE NO: 2007-02494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS JONES DAVID STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JONES DAVID the was served upon DEFENDANT at 2105:20 HOURS, on the 10th day of May 2007 at 1121 N PITT STREET CARLISLE, PA 07013-1429 DAVID JONES by handing to 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 Service Affidavit Surcharge .~~30~07 ~,.-,, 18.00 4.80 .00 10.00 .00 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/11/2007 BLATT HASENMILLE LEIBSKER MOO By: eputy Sheriff of A.D.