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Home My WebLink About07-2867 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. D 7' a'lSlo7 Ci v i v. ) STEPHEN BUTLER , ) 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 ~d ~' ~ 1 di Sam ~e ~s ~8tlisle~ Pa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff, NO. v. STEPHEN BUTLER , 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. v. STEPHEN BUTLER, 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 STEPHEN BUTLER , an adult individual, believed to currently reside at 2004 COLUMBIA AVE ,CAMP HILL, PA 17011. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 5291151932952417 , 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 $6,178.70, 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 $6,178.70, plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Respectfully Submitted: (412) 429-7675 ~; ~ ~,~;~ ti STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before me MAISHA DAMS, 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, BUTLER, STEPHEN is/are justly indebted to CAPITAL ONE BANK in the sum of $9016.91 Dollars as of 11/09/2006 with 26.24% 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 30th day of November, 2006. t ~~ Affiant Dudley Tumer Taken, subscribed and sworn to before me, Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 30th day of November, 2006. Not Public My commission expires on Duti~EYTWgrER NoMrY PubNc, DM"b Coungr. c.oala My Canmtssic+n Explnaf . ~anu ary 19.2009 A144 PATENAUDE & FELIX, A.P.C 5291151932952417 << <~ M..•,., ~iui~C4 .:T Y :~x~.. , . ,4. ;, , ~~~,, ...,~~ yERIFTCATION ~~ AND NOW, Gregg L: Moms, verifies the. statements made in this Complaint arc taste and.. . coxract to the boat ofhis Imowlodge, information anal belief. I understand that false statements herein ~ . are 'n'iade~subjoct to~~the. penalties of Pa.C.S. Section. 4904, rclating to unsworn falsification to . authorities. ~ ~ ~ ~ ~ I' . By virtue of the' fact .that the- Plaim't%ff is outside the jurisdiction of the' Court aid. the , . ~ . verification cannot be obtained within the time allowed for the filing of this pleading,'the pleading ~ , . is submitted by ~ counsel having sufficient Imowledge, information acid belief based upon the information provided by him by the plaintiff. The verification of the party will be provided if ' ,requested. ~ ~ .. . .. o ' ~ . . ~ c1iz, A.P.C, 3 E. Main St. Carnegie, PA 15106 ~ . (412) 429-7675 ' f.? N~ ~., ~ C~ ~ -ri W .~» r:1~ ~=; ~ "Q ---1 ~ = Goa C'::r 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. 07-2867 v. ) STEPHEN BUTLER , ) 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO.07-2867 v. STEPHEN BUTLER , 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 Plaintiff s complaint. Amount claimed in Complaint $6,178.70 Interest from February 08, 2005 $3,575.72 Attorney's fees $0.00 TOTAL $9,754.42 With continuing interest on the principal amount of $9,754.42, 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. Pat~fikude & Felix, A.P.C. G `~410~IS, ESQUIRE Pat a e & Felix, A.P.C. 213 ain Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff N0.07-2867 v. STEPHEN BUTLER , 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), STEPHEN BUTLER , 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. paten & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 Sworn to and subscribed before me this day of J J ~ 20~, p ,~ A NouRULL sEw. ~/~, ,1/~ ERIN N BALTZELL Nota Public ~Qry ~~ D' CNtNEGIE aoROUGH, ALLEGHENY cOUN1Y My Commistton Expkea Jul 21, 2010 i ., ..3'. GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-?679 PAID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK ) Plaintiff, ) NO. 07-2867 v. ) STEPHEN BUTLER , ) Defendant(s). ) IMPORTANT NOTICE Filed on behalf of: CAPTfAL 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. 07-2867 v. STEPHEN BUTLER , Defendant(s) To: STEPHEN BUTLER 131 YORKSHIRE DR MECHANICSBURG, PA 17055 Date of Notice: June 12, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PEROSONALLY OR BY ATTORNEY AND FII,E 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 717-249-3166 A.P.C. By: ~tenaude~ 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: STEPHEN BUTLER 131 YORKSHIRE DR MECHANICSBURG, PA ~ Date: June 12, 2007 ~~~I~6rris, Esquire Pa enaude & 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. 07-2867 v. ) STEPHEN BUTLER , ) 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 Z ~- ~~. +..., b '~^h( V w ~ ^~ ~ ~ ~a r d .~' ~ ~ {"4' F ~.~ F,` ~_ n t'om' r.a ....j +~ ~r~~ 1 N f~.F~ ~~~ -,~-~ ~~5,' -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK, Plaintiff NO.07-2867 v. STEPHEN BUTLER , 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"7 ( )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 $9,754.42, 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: 2007-02867 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BUTLER STEPHEN KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BUTLER STEPHEN the DEFENDANT at 1937:00 HOURS, on the 22nd day of May 2007 at 131 YORKSHIRE DRIVE MECHANICSBURG, PA 17055 STEPHEN BUTLER 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 ~ 4/~ylo 18.00 11.52 .00 10.00 .00 ~ 39.5a Sworn and Subscibed to before me this day of , So Answers: _ !• R. Thomas Kline 05/24/2007 PATENnrm~ ~'. RF~'T.TX A. s» ... -... ,..,i. ..~. ...i. _,~,. ..L ..,~ -.i. ..~,. ..1 _.,~,. -.i.. .i.. .-. ~;.. .. i. .. ~+~ a~ ~~ -.i. ..~. .,~. -~i. «. ~.-