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Home My WebLink About07-5135 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07- 5135 ~-vi l`~u-rte v. RYAN A JOHNSON Defendant(s) COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK Counsel of Record for This Party: Crregg L. Morris, Esquire Pa I:D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF_PA 11 Cmplt Cvr Sht P&F File No. 762.7660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, _ PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. RYAN A JOHNSON 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 HIItING 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 torte. 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 esta 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 soma 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 perder 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 CONSEGUIIt 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. 762.7660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. RYAN A JOHNSON Defendant(s) NO. 47- X1315 e~ `T.e,~.K. 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 RYAN A JOHNSON, an adult individual, believed to currently reside at 30 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4862362473527615, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of February 12, 2007, Defendant(s) owes $5,651.67 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. 762.7660 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 $5,651.67, 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. 762.7660 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $5,651.67, 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. Respectfully submitted: & Felix, A.P.C. Date: fGregg~Giorris, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_OS Civil Cmplt Crdt Crd P&F File No. 762.7660 ~'~~. ~~frnn ti STATE OF GEORGIA COUNTY OF GWII~NETT P~; 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, JOHNSON, RYAN A is/are justly indebted to CAPTTAL ONE BANK in the sum of $7243.77 Dollars as of 01/17/2007 with 25.90% 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 head this 13th day of February, 2007. nts ~ Taken, subscribed and sworn to before me, ~d!eY Ttxr~ Notary Public in and for the City/County and State aforesaid, in my City/County aforesaid this 13th day of February, 2007. Public My commission expires on Dudieylurner My Comrt~ssion Fires January 19, 2008 8144 PATENAUDE 8c FELIX, A.P.C 4862362473527615 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 authorities. Date: egg L. Morris, Esquire tenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_Ol Arty Verificarion P&cF File No. 762.7660 oho c~a N ~, ~ U1 cM ~ C.,~7 ..a ~ ~ -3 ~ v -~ ~, ~+ .~ ~ ~.~y.~ _ _ - (,7 Q1 ~H ~ '3 _ t }- L' ~~~ j 1. r ~ ~ -~ {'.~ ..,~ .~"` ~ ~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-05135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS JOHNSON RYAN A GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T/1T 77.70 !'lAT DVTAT r the DEFENDANT at 1243:00 HOURS, on the at 214A E ORANGE STREET SHIPPENSBURG, PA 17257 JAMIE JOHNSON, WIFE 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 Service Affidavit Surcharge ~+ g ~ ~'1 ~ b'l / Sworn and Subscibed to before me this 6th day of September, 2007 So Answers: 18.0 0 /~ .00 10.00 R. Thomas Kline .00 66.40 09/07/2007 PATENAUDE & FELIX By. day Deputy eriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, '` T PENNSYLVANIA r CAPITAL ONE BANK Plaintiff ., v. RYAN A JOHNSON Defendant(s) To: Ryan A Johnson 214A ORANGE ST. SHIPPENSBURG, PA 17257 Date of Notice: September 28, 2007 NO. 07-5135 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 Date: Pat~na'fx~Te d~ b'~lix, A.P.C. egg L. orris, Esquire 3 E. Ma Street Carnegie, PA 15106 (412) 429-7675 PA I 1 110 Day Dl P&F File No. 762.7660 >~ ..~.. 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: Ryan A Johnson Defendant 214A ORANGE ST. SHIPPENSBURG, PA 17257 Date: Zo s, Esquire & elix, A.P.C. 213 E. Main St3~et Carnegie, PA 15106 (412) 429-7675 PA_I 11 10 Day Dl P&F File No. 762.7660 _i- ^f'i ~_.> ~.. ~'S __. ....~.-$ -i-} { ' ~i t r. '~ r~~, = ' ~ -- ~s ~ . - ~, 1 ,C'?'s "~ ; „ , . ., l~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. RYAN A JOHNSON Defendant(s) NO. 07-5135 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 DefJg Both P&F File No. 762.7660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK ) Plaintiff ) NO. 07-5135 v. ) RYAN A JOHNSON ) Defendant(s) ) PLAINTIFF'S PRAECIPE FOR DEFAULT NDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiff s complaint. Amaunt claimed in Complaint Interest from February 12, 2007 Less payments received Attorney's fees TOTAL $5,651.67 $2,706.99 $0.00 $0.00 $8,358.66 With continuing interest on the principal amount of $8,358.66, 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: Felix, A.P.C. Date: Morris, Esquire 13 E. ain Street Carnegie, PA 15106 (412) 429-7675 PA_119 Prcp Def Jg Both P&F File No. 762.7660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, • PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-5135 v. RYAN A JOHNSON Defendant(s) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA R C P 10370 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), RYAN A JOHNSON, 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. y submitted: Date: Pater~d~ ~ Fklix, A.P.C. fre~~rris, Esquire 1 E. Mai Street Sworn to and subscribed before me this day of ~~ t , 20 ~7 Notary Pu li M~ ~~ OR' r~l~,~y Np6~rl~i1 Oil G.r~yn ~, 8tw?~rt. pt~Hc ah' ~-~r-~,~rv .c a zoo ~ Member, Pennsylvania Association of Notaries Carnegie, P 15106 (412) 429-76 PA_120 Aff of Non Mil P&F File No. 762.7660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-5135 v. RYAN A JOHNSON 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 D1 P&F File No. 76'1.7660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. RYAN A JOHNSON Defendant(s) To: Ryan A Johnson 30 Shippensburg Mobile Est Shippensburg Pennsylvania 17257 Date of Notice: October 09, 2007 NO. 07-5135 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 Respectfully submitted: Date: Felix, A.P.C. Gregg L.ZGIo 's, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_] 1110 Day D1 P&F File No. 762.7660 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: Ryan A Johnson Defendant 30 Shippensburg Mobile Est Shippensburg PA 17257 Date: J~iregg L. Ivtorris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_111 i 0 Day Dl P&F File No. 762.7660 r-? r~ ~.~ ~,, „~% ~`i ' ~ ~s '~::~t f?~' ,• w•r, ~ r . L . -,~. , d -~ ~~ f_ •- I S (~~ ~ c~~ h v 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff ) NO. 07-5135 v. ) RYAN A JOHNSON ) 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. 762.7660 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff v. RYAN A JOHNSON Defendant(s) NO. 07-5135 NOTICE OF ORDER. DECREE OR JUDGMENT AGAINST RYAN A JOHNSON 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 ~ ( )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 5 51.67, 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 /s/ ~ %r2~t~ ~ - If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (412)-429-7675 PA_123 Ntc Jgmt Both P&F File No. 762.7660