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Home My WebLink About08-5642A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. Plaintiff NO. 08 - -%4,Q Civt l (erM V. GREGORY EVES Defendant(s) COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK (USA), N.A. 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 PF_PA_l I Cmplt Cvr Sht P&F File No. 08-25034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. Plaintiff V. GREGORY EVES 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. NO. 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 AGENCIAS 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. 08-25034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. Plaintiff V. GREGORY EVES Defendant(s) COMPLAINT IN CIVIL ACTION NO. 0- ;, y I- AND NOW, comes Plaintiff, CAPITAL ONE BANK (USA), N.A., 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 (USA), N.A. , 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 GREGORY EVES, an adult individual, believed to currently reside at 215 SAINT JOHNS DR CAMP HILL, PA 17011-1934. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4862362614408220, for the purchase of good and services. 4. The Defendant(s) has/have made or authorized a number of purchases and as of October 26, 2007, Defendant(s) owes $1,403.30 on said account plus interest at 0.00 %. 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. 08-25034 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 $1,403.30, plus interest and costs. 8. By failing to object or dispute the statements, 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. 08-25034 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $1,403.30, plus interest as set forth herein 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. & FelixIA.P.C. Date: July 16, 2008 Gr g L. Mo ' ,Esquire eet 21/YE . MIr C egie, 106 ( 2) 429 PA-05 Civil Cmplt Crdt Crd P&F File No. 08-25034 • VERIFICATION The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed the verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The statements are made subject to a enalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: July 16, 2008 L. Mo s, Esquire Pa aude & elix, A.P.C. 21 . Main treet Carne 'e, P 15106 (412) 42 1675 PA_ I Atty Verification P&F File No. 08-25034 w o o t -0 00 F? W -n 7) w -Orr. r n :'a na SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05642 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS EVES GREGORY R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT EVES GREGORY but was unable to locate Him in his bailiwick. He (therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT 215 SAINT JOHNS DR EVES GREGORY CAMP HILL, PA 17011-1934 DEFENDANT MOVED TO HARRISBURG 2 YEARS AGO. Sheriff's Costs: Docketing 18.00 Service 30.00 Not Found 5.00 Surcharge 10.00 Postage 59 ?63.59 Sworn and Subscribed to befo me this day of A. D. So answer R. Thomas Kline Sheriff of Cumberland County PATENAUDE & FE?LIX 10/07/2008 re ' I My SP - I PHI:2 VS CUMBERLAND CoUh fNo. PENNSYLVANIA Statement of Intention to Proceed To the Court: ?o.. l (A ODC _?)Cl Q k intends to pr//with the above captioned matter. Print Name???gC>\ r1'?x'C S Sign Name Date: Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved parry did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. s kno TA COUNT" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. GREGORY EVES Defendant(s) NO. 08-5642 PRAECIPE TO REINSTATE COMPLAINT Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. 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_159 Prcp to Reinst Cmplt P&I File No. 08-25034 Arkt `'lo.COpd aN? Ck4 <, -% q$ ew atp4,7 i? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. GREGORY EVES Defendant(s) NO. 08-5642 PRAECIPE TO REINSTATE COMPLAINT TO: Prothonotary Please reinstate Complaint in Civil Action on behalf of Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A. and against Defendant(s), above named. Thank you. Date: September 07, 2011 Respectfully sub 7AP. Patenaude & elix C. 21 Esquire -negijqP! 11A 151 2) 429-7675 PA_159 Prep to Reinst Cmplt P&I File No. 08-25034 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F 1L ; 13't;t C ` t ;311107 -3 Al " CWHBERi_AN " Coii" ', Capital One Bank vs. Case Number Gregory Eves 2008-5642 SHERIFF'S RETURN OF SERVICE 09/30/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Gregory Eves, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Gregory Eves. Request for service at 215 Saint Johns Drive, Camp Hill, Pennsylvania 17011 does not exist. SHERIFF COST: $63.44 SO ANSWERS, September 30, 2011 RON R ANDERSON, SHERIFF C13 -tiz m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYZ? PENNSYLVANIA -?tD r-? CAPITAL ONE BANK (USA) NA ) =o Dz Plaintiff ) NO. 08-5642 - V. GREGORY EVES Defendant(s) N 0 0 -c i -0 3 C.J PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Filed on behalf of: CAPITAL ONE BANK (USA) NA 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 -urn ::0 Q' a? a cz PA_170 Prcp Disc w/o Prjdc P&F File No. 08-25034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA) NA Plaintiff V. GREGORY EVES Defendant(s) NO. 08-5642 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: Prothonotary Please discontinue the matter captioned above without prejudice upon payment of costs only. Thank you. Date: November 03, 2011 S rn to and subscribed before me this day of pf , 20_4_. Notary Public Respectfully su itted: Patenaude Xelix, A.P.C. 1 r2-P7 n Street ne A 15106 rI42) 675 5 NOTARIAL SEAL' MELINDA S PERRY Notary BOR Public ALLEGHENY COUNTY My Commission Expires Jun 2, 2016 PA_170 Prcp Disc w/o Prjdc P&F File No. 08-25034 I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (USA) NA, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Gregory Eves 215 Saint Johns Dr Camp Hill PA 17011-1934 Al Date: November 03, 2011 Gregg rris, ire Paten e F06, A.P.C. 213 a' reet CVnegie, PrA 15106 (412) 429-7675 PA_170 Prcp Disk w/o Prjdc P&F File No. 08-25034