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Home My WebLink About07-5124v ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 6~ - 518~~{ ~ivi t term v. LINDA A STEPP Defendant(s) COMPLAINT IN CIVIL ACTION 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) 429-765 PF_PA_l l Cmplt Cvr Sht P~&F File No. 762.7178 .,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, • PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. v. LINDA A STEPP Defendant(s) 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 an 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Usted ha sido demandado en come. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dies despues de la notification de eats Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra soya. Se le advierte de que si usted fall de tomar action Como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier reclamation o remedio solicitado por el demandante puede ser dictado en contra soya por la Corte sin mss aviso adicional. Usted puede pcrder dinero o propiedad au otros derechos importantes pare usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE. OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA 21Notice to Defend P&F File No. 762.7178 ' •. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ' PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. LINDA A STEPP Defendant(s) NO. !~ 7 5 / .2 Y C3.c~-! T.t~.~• AND NOW, comes Plaintiff, CAPITAL ONE BANK , by and through its attorney, GREGG 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 St Carnegie, Pennsylvania 15106. 2. Defendant is LINDA A STEPP, an adult individual, believed to currently reside at 12 ROCKAWAY DR CAMP HILL, PA 17011-7930. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 5178052497683892, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of January 29, 2007, Defendant(s) owes $2,730.25 on said account plus interest. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. PA_OS Civil Cmplt Crdt Crd P&F File No. 762.7178 6. The Defendant(s) have/has received monthly billing statements, from Plaintiff setting forth the nature and amount of all charges made by Defendant(s), and the transactions between Plaintiff and Defendant(s) give rise to an account stated, upon which Plaintiff has relied. 7. The Defendant(s) made payments, but have/has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $2,730.25, plus interest and costs. 8. By failing to object or dispute to the statements including the statement attached hereto as Plaintiff s Exhibit "A", Defendant(s) have/has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. 9. Despite repeated demands, Defendant(s) have/has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. PA_OS Civil Cmplt Crdt Crd P&F File No. 762.7178 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $2,730.25, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. .C. Date: Esquire Carnegie, P 15106 (412) 429- 675 PA_OS Civil Cmplt Crdt Crd PBcF File No. 762.7178 .. ., 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, STEPP, LINDA A is/are justly indebted to CAPITAL ONE BANK in the sum of $3553.93 Dollars as of 01/21/2007 with 27.74% interest from said date, and reasonable attorney fees, and that tbe 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/aze 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. ant Taken, subscn'bed 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 January, 2007. CORTNEYT,CHERRY NOTARY PUBLIC GWINNETT COUNTY GEORGIA My commission expires on MY COtiaMISSinti GYaipce nrrne o ~ ,~ ~.~. cco orov~my"-z"~r- pA A144 PATENAUDE & FELIX, A.P.C 5178052497683892 The undersigned is an authorized agent of the Plaintiff and verifies that the facts and statements made herein are true and correct based upon my knowledge, information and belief. Counsel has signed the verification as a matter of time and convenience. The verification of the party can be provided if requested. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to autho~ie~l. _ ~, Date: ~L. M rris, Esquire enaude Felix, A.P.C. 13 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA 01 Atty Verification PBcF File No. 762.7178 f~ (~ ~ ~ ~ ~ ~j' ~_ -r -~, ~ t '" ~ ~ .D ~ ~ _ c~ rn ~ Q ~ - ,r ~ -r rNz ~, ~ =_ ~ /y =~_r L__i ~- N J t'rq ~: --~ r~ ~y SHERIFF'S RETURN - REGULAR CASE NO: 2007-05124 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS STEPP LINDA A DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STEPP LINDA A the DEFENDANT at 2051:00 HOURS, on the 13th day of September, 2007 at 12 ROCKAWAY DRIVE CAMP HILL, PA 17011-7930 by handing to LINDA STEPP 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 24.96 Affidavit .00 Surcharge 10.00 .00 C~„ 9~~vJ~? 52.96 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/14/2007 PATENAUDE & FELIX By: Dep ty Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-5124 v. LINDA A STEPP Defendant(s) 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 Prcp Def Jg Both P&F File No. 762.7178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-5124 v. LINDA A STEPP Defendant(s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiff s complaint. Amount claimed in Complaint Interest from January 29, 2007 Less payments received Attorney's fees TOTAL $2,730.25 $1,379.86 $0.00 $0.00 $4,110.11 With continuing interest on the principal amount of $4,110.11, 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. ly submitted: & Fe1~tc. A.P.C. Date: fGr~g ~,. Mo s, Esquire 213 E. Main S t Carnegie, PA 15106 (412) 429-7675 PA_119 Prcp Def Jg Botfi P&F File No. 762.7178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. LINDA A STEPP Defendant(s) NO. 07-5124 PLAINTIFF'S AFFIDAVIT OF NON-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), LINDA A STEPP, 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. Respectllfully submitted: PatenazYde,& Be1ix, A.P.C. Date: ~r ~ M rris, Esquire 2 E. Mai Street Carnegie, PAIL: (412) 429-7675 Sworn to and subscribed before me this ~~ day of (~ C ~ , 20~ Notary Publi Naark~l' I ~ ~~ ~ PA 120 Aff of Non Mil Girolyr- J. ~. ~ MY ~+ 'mM~lia+t ~ ,111 I~Asmbar, P~nnaylvanla M~oolatlon of Notactes P&F File No. 762.7178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-5124 v. LINDA A STEPP 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_111 10 Day Dl P&F File No, 762.7178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-5124 v. LINDA A 5TEPP Defendant(s) To: Linda A Stepp 12 Rockaway Dr Camp Hill Pennsylvania 17011-7930 Date of Notice: October 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 Respect,~ully elix, A.P.C. Date: ;Gr~g'~L. N[~orris, Esquire 3 E. Main Street Carnegie, PA 15106 (412) 429-7675. PA_ 1 1 1] 0 Day D 1 P&F File No. 762.7178 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: Linda A Stepp Defendant 12 Rockaway Dr Camp Hill PA 17011-7930 Date: 'G~'`egg L. orris, Esquire ~atenaude & Felix, A.P.C. 213 E. Mai Street Carnegie, PA 15106 (412) 429-7675 PA_ l 11 10 Day D 1 P&F File No. 762.7178 rt ~ ~ ~c! t'~:: ~ ~ ~ -1-1 ~` ' A - C r i -' ~ .SJ (~ ~ ~ :=~ )ate IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK ) Plaintiff ) NO. 07-5124 } v. ) LINDA A STEPP ) Defendant(s) ) NOTICE OF ORDER, DECREE OR 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_123 Ntc Jgmt Both P&F File No. 762.7178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. LINDA A STEPP Defendant(s) NO. 07-5124 NOTICE OF ORDER. DECREE OR JUDGMENT AGAINST LINDA A STEPP ONLY TO: ( }Plaintiff (x )Defendant ( )Garnishee ( )Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on ~o ~19 ~p'1 ( )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 2 7 0.25, plus costs. ( )District Justice Transcript of 3udgment in the amount of $ ~, I 1 ~. I I 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 s If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main 5t Carnegie PA 15106 (412)-429-7675 PA_l23 Ntc Jgmt Both P&F File No. 762.7178