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Home My WebLink About07-4002GREGG 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. ) BETTY J HEFFELBOWER , ) 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. ) BETTY J HEFFELBOWER , ) 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, v. Plaintiff BETTY J HEFFELBOWER , Defendant. NO. 6 7- y~ z ~-~ ..c.,~-- 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 BETTY J HEFFELBOWER , an adult individual, believed to currently reside at 10 W WINDING HILL RD # R9, MECHANICSBURG, PA 170555172. 3. Defendant(s) obtained extensions of credit on the following open ended credit card account issued by CAPITAL ONE BANK being Account No. 5178052435885138 , 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 $20,203.10, 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 $20,203.10, 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. ~~'~'~~ L. MORRIS, ES Main Street Carnegie, PA 15106 (412) 429-7675 ~~ PA STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before me TRACY TAYLOR, 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, HEFFELBOWER, BETTY J is/are justly indebted to CAPITAL ONE BANK in the sum of $21800.77 Dollars as of 01/13/2007 with 6.76% 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 January, 2007. Affia Taken, subscribed and sworn to before me, eauon ooinini ~_ Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 30th day of January, 2007. i? Notary is MYRA. PRIND!_E My commission expires on Notary Fub'ic Gwinrett County Georgia My Commissi;:rn Expires July 31st 2009 A144 PATENAUDE & FELIX, A.P.C 5178052435885138 ~~! hi b~ f ~~ n VERIFICATION AND NOW, Gregg L. Morris, verifies the statements made in this Complaint that aze true and correct to the best of his knowledge, information and belief. I understand that false statements herein aze 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: L Mo , t3~iire atenaude Felix, A.P.C 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 '`C ~ \ \~ \~ b c' z,4 {_. .;-' ~"' ~~ -a ~.__ i -n C ~ .~> ~-, _ ~ .... •-[~ ~~ T' ~~ ~ W i {'i3 .~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-04002 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HEFFELBOWER BETTY J MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEFFELBOWER BETTY J the DEFENDANT at 1059:00 HOURS, on the 18th day of July 2007 at 10 W WINDING HILL ROAD #R 9 MECHANICSBURG, PA 17055-5172 r~nmmv ir~nc+or n~ritin by handing to 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 10.56 Affidavit .00 Surcharge 10.00 Y) aa! 07 ~,,. .00 3 8 .5 6 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/19/2007 PATENAUDE & FELIX By. ~ ~j -~ ~r Deputyl , heri f'~,~ l~_7~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-4002 v. BETTY J HEFFELBOWER Defendants} PRAECIPE FOR DEFAULT JUDGMENT 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_119 Prop Def Ig Both PBcF File No. 762.7113 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. BETTY J HEFFELBOWER Defendant(s) NO. 07-4002 PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint $20,203.10 Interest from January 29, 2007 $2,521.92 Less payments received $0.00 Attorney's fees $0.00 TOTAL $22,725.02 With continuing interest on the principal amount of $22,725.02, 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 defendants and defendants' counsel (if known), after the default had occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. submitted: A.P.C. Date: Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 (412)429-7675 PA_1 19 Prcp Def Jg Both P&F File No. 762.7113 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. BETTY J HEFFELBOWER Defendant(s) NO. 07-4002 PLAINTIFF'S AFFIDAVIT OF NUN-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(bl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the defendant(s), BETTY J HEFFELBOWER, 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. submitted: Date: ix. A.P.C. Esquire 13 E. Main Carnegie, PA 15106 (412) 429-7675 Sworn to and subscribed before me this day of 200 No Pu is rr~Yw e~ tw1lNNSYW NoMnM18~M OeraynJ. BMiwl. No1~lY Pubwa My Ooirrnbibn E>q>~es Auip. . p.r+n,vwenla I-ssodetlon of Notsdss PA 120 Aff of Non Mil P&F File No. 762.7113 f(~ {l .~+ t IN THE COURT. OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-4002 v. BETTY J HEFFELBOWER Defendant(s) IMPORTANT NOTICE 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_l l 110 Day Dl PBtF File No. 762.7113 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL OI1iE BANK Plaintiff NO. 07-4002 v. BETTY J HEFFELBOWER Defendant(s) To: Betty J Heffelbower 10 W Winding Hill Rd # R9 Mechanicsburg Pennsylvania 17055-5172 Date of Notice: September 04, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY 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 MAYBE 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 _ _ Date: --• v----~~ -- 3 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_i l l 10 Day Dl P&F File No. 762.7113 I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK ,hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Betty J Heffelbower Defendant 10 W Winding Hill Rd # R9 Mechanicsburg PA 17055-5172 Date: L. Moms, Esquire ude & lix, A.P.C. 213 E. Main Strut Carnegie, PA 15106 (412) 429-7675 PA_1 I 1 l0 Day Dl P&F File No. 762.7113 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-4002 v. BETTY J HEFFELBOWER Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: CAPITAL ONE BANK Counsel of Record for This Party: Gregg L. Moms, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_123 Ntc Jgmt Both P&F File No. 762.7113 `~ ~ ~ r ~ n ~ . ~} t V ~ ~ v ~, w ~ p "`C9 ..~y U s r "IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. BETTY J HEFFELBOWER Defendant(s) NO. 07-4002 TO: ( )Plaintiff (x )Defendant ( )Garnishee ( )Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on _9 _~~ 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 $?Q 3.1 ,plus costs. ( )District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. Prothonotary By 5 Deputy ~ If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (41 Z)-429-7675 PA_ 123 Ntc Jgmt Both P&F File No. 762.7113