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Home My WebLink About07-6192 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff V. OMER MCFALLS Defendant(s) NO. 0?- (ol9a 0ivi ( Term COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK Counsel of Record for This Parry: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF_PA_1 I Cmplt Cvr Sht P&F File No. 762.6126 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' CAPITAL ONE BANK ) Plaintiff ) NO. V. ) OMER MCFALLS ) Defendant(s) ) 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 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. Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. 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 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. 762.6126 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK ) Plaintiff 1 V. ) OMER MCFALLS ) Defendant(s) ) COMPLAINT IN CIVIL ACTION NO. D ?- 14 z C.Gvc?( T.c" 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 OMER MCFALLS, an adult individual, believed to currently reside at 477 WOLF BRIDGE RD CARLISLE, PA 17013-8837. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 5291151823258817, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of December 27, 2006, Defendant(s) owes $5,611.70 on said account plus interest. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. PA-05 Civil Cmplt Crdt Crd P&F File No. 762.6126 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 $5,611.70, plus interest and costs. 8. By failing to object or dispute to the statements including the statement attached hereto as Plaintiffs 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-05 Civil Cmplt Crdt Crd P&F File No. 762.6126 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $5,611.70, plus legal interest from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfu y submitted: PatenW l-lix, A.P.C. Date: GrW orris, Esquire ZWE. MainNgtmet Carnegie, PA 15106 (412) 429-7675 PA-05 Civil Cmplt Crdt Crd P&F File No. 762.6126 t rpeoplepc- online u A better way to Internet. Surf up to • 5x fasterwm FREE Accelerabr forawftt f2monthsr-&$W v&W 1-888-587-9669 •` • • Mention Offer Code: COIN Visit www.peoplopc,com/go/coin UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection' powered by Symantec- ® Pop-Up BlockerTM Spam Controls .dw Smarter Smart Dialer Technology d More Email Addresses ®( Internet Call Waiting Capitalow- Account Sum Previous Balance =5,446.89 Payments, Credits and Adjustments S.00 Transactions $35.00 Finance Charges $129.81 New Balance $5,611.70 Minimum Amount Due $5,611.70 Payment Due Date December 15, 2005 Total Credit Line $5,500 Total Available Credit $,00 Credit Line for Cash $1,100 Available Credit for Cash $.00 At yourecrvice To all Customer Relations or to report a 1W or stolen card: 1-800-903-3637 Send payratnu to, Send inquiries to. Attn: Remittance Processing Capital One Bank Capital One P.O. Box 790216 P.O. Box 30285 St. Lou6s, MO 63179-0216 SIC, UT 84130-0285 PLATINUM MASTERCARD ACCOUNT 5291-1518-2325-8817 OCT 16 - NOV 15, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 15 NOV PAST DUE FEE Take control and pay your Capital One credit card bill online for free. Eliminate the hassle of writing checks, finding stamps and sealing envelopes. Everything you need to access, review and pay your bill is available online. Our Web site offers you a convenient, simple and secure way to manage your account. Visit www.capitalone.com and register your account to start simplifying your life today? As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Please call 1-877-794-4487 before December 31, 2005, to reserve your copy for this account. We will begin processing orders in January 2006. We appreciate your business and are converting your account to Platinum status as of October 17, 2005. So, be on the lookout for the arrival ofyour new Platinum card at your next reissue. Until then, you will receive Platinum benefits when you use your current card. For details about your new Platinum benefits, visit www.capiWone.com/creditcards and click on the Guide to Benefits link. Thanks for choosing Capital One. You were assessed a past due fee of $35.00 on 11/15/2005 because your minimum payment was not received by the due date of 11/15/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. $35.00 Fil=ee Charges Pkarejet rmwietidefor important information Bal~.& Penatir c_r+ja?sd ter m q blirdto r.fr ?lp1e PURCHASES $4573.24 .07600%P 27.74% $107.75 CASH $936.19 .07600%P 27.74% $22.06 ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT C-HPUMOM, 0000000 0 5291151823258817 15 5611700100005611709 New Balance $5,611.70 Minimum Amount Due 55,611.70 Payment Due Date December 15, 2005 Total enclosed $ Account Number. 5291-1518-2325-8817 Sweet Apt atr Sut< ZIP Home Phone Alternate Phone #9032034767244397# MAIL ID NUMBER Capital One Bank OMER MCFALLS P.O. Box 790216 1 1 11 11 IIIIII'I1I11 a? 477 WOLF BRIDGE RD St. Louis, MO 63179-0216 CARLISLE PA 17013-8837 e _ Pleae writeyow aemunt number m your c&ni or money mdn nradepayable to Capitol One Ba Aandmail in the enelared errmlope. M-priat-r r &-nrd/or-a/d v rbelav, nrusr W--,W -,Wk met r peoplepa- online %%--, A better way to Internet, UNLIMITED INTERNET ACCESS 1-888-587-9669 Raw Mention Offer Code: COIN Visit www.peoplepc.com/go/coin POVGPC Is solely responsible fa this offer, and Is not a818ated with Capital One. Capital One does riot provide, endow or guarantee, and is not affiliated with. any mold or service shown here. Any trademarks mentioned herein are solely owned by the mapective entity, AN rights reserved. By responding to this offer, you may be communicating information about yourself to the company that provides this product - for example, that you am a Capital Ora customer. `PeopePC Online: Fitt 3 monk are billed at $1.9T per month; $925 per month thereafter. Offer available to now dial-up aubemtlare at least 18 years of age and may not be redeemed with any otter offer. Offer ROW to change at any time. Phone technical support available for $1.95 per minute, tAOCdstator is free for 12 months. Offer good for hinted time, Menthe flat 12 morigte, the Accelerated service will auttlnlaticatly raven to the $Wdad PsoWlePC 0111010 semca Offer subject 10 change at on". With Peqs@PC Online Accelerated, certain Web page text and graphics will load faster when compared to standard dakip Internet service. Actual results may vary. Pe pePC Online Accelerated is only compatible with PeopIePC Online Internet service and specified Wsodm* browsers. Peo0ePC Online Accelerated at not tiottpatible with Windows® 95 with IE 5.5 SP2. Service not available in all am. Access ism taxes, and other lass and restrictions may apply. Telephone tai chmgee may apply, even during trial periods. You am responsible for determining whether a call to one of our access nunbaa VAN result in telephone toll charges. Access may be IimRed, especially dung times of peak usage. Dail-up numbers may be dinged at PeopePCk discretion. Continuous use euhject to limeout procedures. Al use is subject to PeoplePC Onlne's Services Agreernmri and Acceptable Use Policy. 56K to the mammum speed of service: actual speed may wry. O 2005 PeoplePC inc. All Rights Reserved. PetplePC Onilne and its logos are trademarks of Peopl$PC in the U.S. and other coi rdries. O 2005 Capital One Services, Inc. Capital One is a federally registered service merle, All rights reserved. atattl-- s? ts? 0 N N I aedo?c rate. To obtain the average deity, balanoa for the Ing 'erWd covered by this statement, we take the Mktg bdanoe of each segment each day, add any new transactors to each segment, and subtract cry payments or credits. (11 the code N appears on the from of Iwtl' statmaan mall to -Balance Rate Applied To; we also stbtraot any unpaid franc charge Included in its balance of each segment.) This gives us the daily balance of each segnem. Then, wo add tupp all the daily balances for each segmn for the bakq period and divide by the total nunbm of days In the hkNalWbagg pedod. This gives u the average deBy 1anm of each segment. 3. Armand Preatags Rates IAPR1. a. The term 'Arvsd Percentage Rate' may appear as APR' on the front of this statement. b. If the code P (Prime). L 13-mo. LIBOR), c (Certificate of Deposit), or S (Bankcard Iodine) appears an the bran of this staletnn next to the pedodc rate(s), the, pedode rates and carempaWp ANM)AL PERCENTAGE RATES may vary gusnedy and may increase or decrease based on the sated irldoss, aspfooud in The Wad Street disclosed to Them pchafrong" well margin fbctl" o i the inn day ?Va+ In B a by pril, my a me and October. analing months Jamnry, c. If the code D (Prima), F (1?rmo. LIBOR) or O (3-me. LIBOR Repriced Monthly) appears an its from of Vote statement now to tit and c ppasdALoek rnsp PEACEN)f, titsAOE1tATE8 ppssthbioddc ma ratyes rF4Wwre, ANMI wry monthly annddmay increase of decrease based an the stated lodcee, so foul in The Waa Street JaanaL plus the margin previously disclosed to You. Thaw dsnges WIN be effective on the ill day of your hiltsq pealed each month. 4. Assasarwartt of Lap, Ov~ arrd Returned Paymnt Faes. Your account will be aasease I no mom than two of the fees listed how that occur during any basing pealed. Under the tams of your ctartaoer agrsernem, we reserve the right to wow or not to aasase any fees without prior retllmton to vathois welykq our right to sasses the same or similar as at a Inter tkse 6. Ymr iii.aoi s. H a mmrierMlp fee aplxasn m the fronat o1 this statement, you haw 30 dew train the date thfe statement was mailed to you to avoid paving the fee or to haw such fee credited to you if you cared year account. During this period, you may continue to aro your account wlthan having to pay the membership fee. To cancel your acpant, you must notify us by calling our Customer Relarkis Depanmem and pay yyou'Now Detainee- in kill (excluding the membensldp fse) prier to the end of the thirty-day period. 8. R You Class Yw Aosoud. You can ragtsst to dose =account by calling our Customer Ralallar oepanment. You must destroy your credit card(e) and accord access docks, cancel all preauthodzed billing, and mean asks your aceent. Ili you do not cancel presudadzed hq amrgernants, we will consider recalpt of a charge your authorization to r acmun. Additionally, your account vdN not be dosed until You Pay AN amounts YOU owe w k ckaling: any transaction you haw authorized, finance charges, pan due lee, owdknit fees, returned payment fees, cash advance fees and any other lees aaseasad to you account. You are responsible for 111098 amotma Nrialhef they appear on your accorm at the time you request to close the account or they am Incurred subsequent to your mquest to dose the account. This may remat In charges appomrkq an your account after you taw Marson if it her already, been closed. For examine. authorized a purchase from a merchant and we receive the transaction from the mordant after your account has been dosed, your account will be reopened, the amain of do change wife be added to your account, and yye,a wit be responsible for payment. H them is a nmerrberslip fee for your accost, to fee well craiste m be c =to tha enters pemi[red by law, u ndl the a cunt beep Iaas bean paid In bit me d~ above. accotirt carrier be gwnbNrV 7. ued In Your con1 act? with sivy Inatart transectio s. BILLING RN4fTS SUMMARY (In Gee Of Enro s Or Questions Abed Your Bill) 11 you think your bill is wrong, or if you need more information on a trareaetini a bin, write to is an a separate rhea as soon as passible at the address for irquidas shovwa on the from at the swemem. We must hear from you no later then 80 de after we earn you the firm del an which the error a problem appeared. You can call am Customer Relations Camber, but doing so well not o pressnvefou ralhn. In You letter, give us the following ? of your none and account number, the dollar ammitint the suspected ens, a description of the error and an ono nor If You rated more, iinfformai n, a dbelieve them escription ofs the From you am uacue abou. You do rothow to pay arty amourMtdar1 corePenaare ko =0.2 it Wu are atli foPaYritsthat are not in quarter. we Investimte your Wesder, we carrot report you as desinquerrt or take any action to collect the amore you question. t,t spacial Rule For Credit Card Purchases If you have a problem with the quality of property o services that You whh a credit card and you have tried in good bobbin to cormct to pmblern with its merchant, you may have the right not iv pay to remaining amours due on the p10p8(1y or services. You have bas pfOSecNloll aiY Nh n tr pIMdI " prive wait more tan $50.00 and the, purdaw was made M your hoarse etato or within 100 miss of your mafeing address. (if we own or upersts tha mstcham, or if we mood you in adverWament for tit property of services, as p nichai s are covered MWOCI s of amount OF 1001111011 of puchase.) Please remembor to sign all correspondence. t Does not apply to conwow no"mdtr cad accounts t Does not apply, to brrstaesa no odlt cad accounts C tat One stppons information privacy protectim! see our e at www. ao.arn. capital One is a rafey makra red a"- mark of Capital Orte FiFs dal Corporation. All tigims reserved, a 2003 01LOLBAK 1. Flew To Avoid A Fromm Charge. to. Oraea Period. You will haw a minimum grace period of 25 days without fkrnoe chs on now pumdlsses, now balance transfers, now spacial ptarlaaoe and maw other We if you pay Your renal "New Balnae", In accordance with the Important Notice for payments below, and F tine for it to be credited by your nett statement doalrq date. Them is no grace pedal on dash advances end modal trmsfen. In addition, them Is no gram period on any trarmmrm n If you FIND nor pay the total 'New bw-.' b. Asarui g FYaarse Charge. Transactions which are, net charge 11 /than daro fo tlhs srtatetbna «a 21dmm the dates the transaction is processed to your Accarrt a 3) from the first calahdsr day of the ardent biMn? pet{od, you dal rot pay the "Now .al fmn der p ? byowukr[g period in tai, finerae charges cgrkse to accrue to THa unpaid baldaarams Wmadiy o ? lirwtralmince is aee der o paid in full. y rpea, awn Y, pay der andre Now BaWm Fdcatsd on the flDt of if blur statement by do rim statement doing date, but Fid not do se for do previous mcn& Unpaid Bn mos charges am added m the appfec eogrhert[ of you Aceernt. t c. afehrmarm Fklarss grga. Fix earn bNfenp pealed that your aoteura is stbjeB to a firanm doge, a miitsm total FNANCE Cl4ROE of $0.50 will be knpom ed. H the tool fin- Bs from %4 yr?tlan of your periodic raw h br then 60, v: atLtmct dot amain from der $0.60 milnwn and do difference wit be listed to the purchase as Front of your account. t it. Temporary Raisriea in Fihrhaa Charge. We reserve the dgis to not osser sW or all finarca doges for sW short I. Aveya?V taaynaa (I q'L ? Now P rdp 1. a. Finance charge Is calWated by muldphying tit dally balance of each segment of yotr accen (e.g., cash adwrco, pudlsse, special transfer, mid special purchase) by the dsNy pododic mreW that has been pmvbudy m We, At the ad of each day drihp the hiNkq Pedal, we apply to doll y Perlodo rate for esdh segosn o your socour m der dYly kdmhm of eedh segnen. Then at the and of the tilling period, wit add up the, results of dew daily mkalstlons to erdw in you periodic finance charge for each segment. We add a the resits from each segment to arrive, in the total periodic finance charge for you arrant. To ger the daily balance for each sagnat of you accent, we take the begksinq balance for each sspnmr and adaryhy new transactions and ay periodic f ram, charge cslgloted on the previous dny'a bafmrs fa that aegmatt. We than subtract arty payments a credits posted so of that day that am afeocated to then sag em. This gives tar the saparste dssiy balance egm Bdmhm of on yc" War PraHas mammon inn I ic?ho if you now balance won zero a s eredit arnotar), now trarrarxions which post to yaw purchases a special purchase segnerw em not added to the dilly belie, ties. We cakdate the avenge 6fey Waraoe by atldinq all the deity bosoms togder a d [1W{Arq to aunt by the number of the days in the current bilking cycle. To ralWate your total finance charge, m i:Vby 0 your average daily balance by the NV rate end . ds nrtpar of days in the killing Duo to manndrq on daily ebaals, thins rosy be s afegit wdonoir between the, calotddon mid tine amour of b. It the code Z or N appaen boon 01 tHa statement next to 'Balance Rate Applied To; we madtiply to Inpsrtard Ndea: Payons you masi to us well be credited to your account as of the business day we receive it, provided (1) You send the bottom portion of this statement and your check M the ernclosed ranittmlce envelope and I2) yon Wymem Is received N lour ommer by 3 p.m. ET 112 noon PT). Phase all" m leas iw (5) bunkese days fa posy delivery. Psymems received by us n any other location or r my other form may root be credited as of the day we receive them. Our business; days are Monday. though Saturdayy, axdudrp holidays. Please do nor use staples Paper cis etc. when pdu¢sthg pyvarur pa When you send us a daeckW, year authorize us to make a oregkne eiactrac transfer dsbit ifan yhrr Dank acoasht for the amoua 94 the deck This auhodzaDan appifes to aN docks received dpkq the bill" cycle even If sem by some" doe. It we carrot process is transfer, you authorize far m make 8 charge agslrst your bank aoverrrt using the deck, a paper draft or otter Iles. VERIFICATION 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 parry 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: re g L. Morris, Esquire at naude & Felix, A.P.C. 3 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-01 Atty Verification P&F File No. 762.6126 p oo C' O r-? _ 00 r T ? ` r l ` ^ ' D%A SHERIFF'S RETURN - REGULAR CASE NO: 2007-06192 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCFALLS OMER STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCFALLS OMER the DEFENDANT , at 1520:00 HOURS, on the 25th day of October at 477 WOLF BRIDGE ROAD CARLISLE, PA 17013-8837 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 0A -7)p -7 Q. 18.00 4.80 .00 10.00 .00 32.80 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/26/2007 PATENAUDE & FELIX By. Dep Sheriff 2007 of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-6192 V. OMER MCFALLS 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. 762.6126 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff V. OMER MCFALLS Defendant(s) NO. 07-6192 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 $5,611.70 Interest from December 27, 2006 $3,305.28 Less payments received $0.00 Attorney's fees $0.00 TOTAL $8,916.98 With continuing interest on the principal amount of $8,916.98, 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:_ 114108 PA_119 Prcp Def Jg Both 213 E. Maim Carnegie, PA I: (412) 429-7675 P&F File No. 762.6126 Esquire V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-6192 V. OMER MCFALLS Defendant(s) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P.1037(h) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND 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), OMER MCFALLS, 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. Respectfully submitted: Fo*x, A.P.C. Date: and su cribed before me this is "f - .20 0. Notary Public GrKgg'r. M rris, Esquire 213 E. Main eet Carnegie, PA 15106 (412) 429-7675 ............. NOYARtAL SEAL 14EAT14fit L CPO" Notary Pub" CAW" SOROU". AUAGNM My Commission lxpk" Oct 190. 2011 PA 120 Aff of Non Mil P&F File No. 762.6126 !Alt YT??NCI YN 3 is N t ? < < 30304A) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-6192 V. OMER MCFALLS 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 He No. 762.6126 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ,. PENNSYLVANIA CAPITAL ONE BANK Plaintiff V. OMER MCFALLS Defendant(s) To: Omer Mcfalls 477 Wolf Bridge Rd Carlisle Pennsylvania 17013-8837 Date of Notice: December 21, 2007 NO. 07-6192 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: Felix, A.P.C. Gregg L. Moms, Esquire 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_111 10 Day Dl P&F File No. 762.6126 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: Omer Mcfalls Defendant 477 Wolf Bridge Rd Carlisle PA 17013-8837 Date: &e'gk-L. orris, Esquire Patenaud & Felix, A.P.C. 213 E. Min Street Carnegie, PA 15106 (412) 429-7675 PA-111 10 Day D1 P&F File No. 762.6126 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff NO. 07-6192 V. OMER MCFALLS 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. 762.6126 00 ? d W v O TY V 1 c. ?a ' u L? t n ct? ?= ,j . A ! f rr'° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK Plaintiff V. OMER MCFALLS Defendant(s) NO. 07-6192 NOTICE OF ORDER, DECREE OR JUDGMENT AGAINST OMER MCFALLS 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 lpg ( ) 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 $5,611.70, 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 ion. suspended by the Department of Transp7oPono ary t By Deputy 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. 762.6126