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HomeMy WebLinkAbout09-18080 F ? F+ IN THE COURT OF COMMON PLBAS OF CUMBERLAND COUNTY, PENN ,Y VANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff V. JOHN THOMAS Defendant(s) NO. COMPLAINT IN CIVIL ACTION 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 PF_PA_l I Cmplt Cvr Sht P&F File No. 08-44399 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. JOHN THOMAS Defendant(s) NO. You have been sued in Court. If you wish to defend against ou must take es a ll i f Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las , y g ow ng p o the claims set forth in the action within TWENTY (20) DAYS after this Complaint and ll siguientes paginas, debe tomar action dentro de los proximos inte (20) dias despues de la notification de esta Demanda y v y notice are served, by entering a written appearance persona or by an attorney, and filing in writing with the Court yo7 Y 1 ? e too radicando personalmente o por medio de un abogado arecencia escrita y radicando en la Corte por escrito ` uNa np i?# ,, defenses or objections to the claims set forth against yo? are warned that if you fail to do so the case may., procee,¢t sps cefensas de, y objecciones a, las demandas presentadas Se le advierte de que si usted fall de i' ' without you and a judgment may be entered against you'bythe rt without further notice for any money claimed in the en contra suya. agd tomar accion como se describe anteriormente, el caso pude cou Complaint or for any other claim or relief requested by the lose money or property or other rights u ma Y iff i l proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio y o . nt P a solicitado por el demandante puede ser dictado en contra suya important to you. 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 USTED DEBE LLEVAR ESTE DOCUMENTO A SU AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR ABOGADO INMEDIATAMENTE. SI USTED NO TIENE TELEPHONE THE OFFICE SET FORTH BELOW. THIS' >IJN ABOGADO, LLAME O VAYA A LA SIGUENTE OFFICE CAN PROVIDE YOU WITH INFORMATIQNr'UFICINA. ESTA OFICINA PUEDE PROVEERLE ABOUT HIRING A LAWYER iFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO 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 PA-2 INotice to Defend 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 r ?_ P&F File No. 08-44399 the W111i'; ,i 4 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. j ?- tiff ) NO. (-r?w-- Plain V. ) JOHN THOMAS Defendant(s) ) V OMP , ! ' CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., by and through its attorney, GREGG MORRIS, ESQUIRE talg 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 (U.S.A.), 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, Pennsyl?ar is 115 TD6. 2. Defendant is JOHN THOMAS, an adult individual, believed to currently reside at 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 5178052684910611, for the purchase of good anc1 services. 4. The Defendant(s) has/have mace or authorized a number of purchases and as of s ryt;. January 03, 2008, Defendant(s) owes $, , on said account plus interest at 16.10 %. 5. Plaintiff maintains accurate books of account recording all credits and debits for this account. Y d PA-05 Civil Cmplt Crdt Crd P&F File No. 08-44399 6. The Defendant(s) have/has received monthly billing statements from Plaintiff setting forth the nature and amount of all chatg?e'sma`de by Defendant(s), and the transactions between Plaintiff and Defendant(s) give ris' ` ,A: account stated, upon which Plaintiff has relied. r; 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 $1,160.01, plus interest and costs. 8. By failing to object or dispute the statements, Defendant(s) have/has assented to it i ' 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 therefT the full amount of the account is now due and k -Y payable. j?,?tts P q fh+ PA 05 Civil Cmplt Crdt Crd P&F File No. 08-44399 1 ;' f:`L ri Ll;i WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $1,160.01, 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 compillslctiy aarbitration as set by the Court. Respectfully submitted: Patenaude & Fe ' .C. Date: October 15, 2008 21 Esquire one e, 15106 2) -7675 StJi'? PA-05 Civil Cmplt Crdt Crd P&F File No. 08-44399 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 the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ??1rr ri t?+ Date: October 15, 2008 *r7 rris, Esquire Felix, A.P.C. Street 15106 ., ?L : ou F76412)429-75 9 ?pt?:, ,S ??lt PA-01 Arty Verification ?&F File No. 08-44399 R' (,?j p a? ?J C'? rv 0 G= tv G.J co V TI r 0 Sheriffs Office of Cumberland County R Thomas Kline oc e.up1bel.10 zuw"u L acnurpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy oFrC OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: John Thomas, 5225 Wilson Lane, Apt. 3113, Mechanicsburg Cumberland County, Pennsylvania but was unable to locate him in his bailiwick he therefore returns the within Complaint as not found as to the defendant, John Thomas. Marlene at front desk advises the defendant does not reside at this address and the Post Office advises that defendant's mail is delivered to this address. SHERIFF COST: $42.00 March 31, 2009 SO ANSWERS, R THOMAS KLINE, S ERIFF Deputy Sheriff Docket No. 2009-1808 Capital One v John Thomas ',4 ?Ivll "1', 11,11 . «? ?W'627 4valulwWwri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 2009-01808 V. JOHN THOMAS Defendant(s) MOTION FOR ALTERNATIVE SERVICE 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 53 Mtn Alt Svc CvrSht P&F File No. 08-44399 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. JOHN THOMAS Defendant(s) NO. 2009-01808 MOTION FOR ALTERNATIVE SERVICE AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and request this Court to enter an Order for alternative service of Defendant, JOHN THOMAS, by regular and certified mail pursuant to Pa.R.C.P. 430 and in support thereof, avers as follows: 1. The Complaint in Civil Action identifies Defendant, JOHN THOMAS, as a resident at the following address: 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. 2. Plaintiffs counsel obtained a Credit Report from the Trans Union Credit Reporting Service on Defendant by utilizing his Social Security Number. The Credit Report indicates Defendant has a current address of 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. 3. The Process server or Sheriff attempted service of the Complaint at the aforesaid address of 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668 and was unable to effectuate service. A copy of the Affidavit of Due Diligence is attached hereto as Plaintiffs Exhibit "A" and incorporated herein by reference. PA 55 Mtn Alt Svc P&F File No. 08-44399 4. Plaintiffs counsel was advised by the United States Postal Authorities that Defendant receives mail at 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055- 6668. A copy of the Postmaster letter is attached hereto as Plaintiffs Exhibit "B" and incorporated herein by reference. 5. Plaintiffs Counsel caused an Internet search to be performed on the Acxiom.com website utilizing Defendant's Social Security Number. The search results on Acxiom.com indicate that Defendant has a current address of 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. A copy of the results from Acxiom.com are attached hereto as Plaintiffs Exhibit "C" and incorporated herein by reference. WHEREFORE, Plaintiff respectfully request this Court to enter an Order authorizing service of the Complaint in Civil Action on the Defendant, above named, by Plaintiffs counsel mailing a copy of the Complaint by certified mail, return receipt requested and by regular United States Mail, postage prepaid to the address set forth & Feld/A.P.C. Date: May 14, 2009 21 s, Esquire Arn gie A 15106 12M9-7675 PA 55 Mtn Alt Svc P&F File No. 08-44399 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. JOHN THOMAS Defendant(s) NO. 2009-01808 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and files the following Memorandum of Law in Support of Plaintiffs Motion for Alternative Service and sets forth the following: STATEMENT OF THE FACTS Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., filed a Complaint in Civil Action against Defendant, JOHN THOMAS. The Complaint in Civil Action identifies Defendant, JOHN THOMAS, as a resident of 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. The Complaint was forwarded to the CUMBERLAND County Sheriffs Office for service. The Sheriffs return completed by a Process Server retained by the CUMBERLAND County Sheriffs Office indicates that service of the Complaint could not be effected. Plaintiffs counsel has caused searches on various Internet devices, including but not limited to Transunion, and Acxiom.com. All the searches indicate that the Defendant's current address is 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. Plaintiffs counsel has been advised by the United States Postal Authorities that Defendant, JOHN THOMAS, receives mail PA 56 Memo Mtn Alt Svc P&F File No. 08-44399 at 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. LEGAL ARGUMENT The Rules of Civil Procedure provide that the Court may enter an Order for alternative service if service cannot be made under the applicable Rule, Pa.R.C.P. 430. The Sheriff of CUMBERLAND County has attempted to effect service on the Defendant. The Sheriff has been unable to effect service under applicable Rule, Pa.R.C.P. 440. WHEREFORE, Plaintiff respectfully request this Court to enter an Order authorizing service of the Complaint in Civil Action on the Defendant, above named, by Plaintiffs counsel mailing a copy of the Complaint by certified mail, return receipt requested and by regular United states Mail, postage prepaid to the address set forth herein. Date: May 14, 2009 Respectfully Patenaude X Felix, 213 Esquire (4ai?egi 9P55106 PA-56 Memo Mtn Alt Svc P&F File No. 08-44399 Sheriffs Office of Cumberland County R Thomas Kline a??tr aturbrr Edward L Schorpp Sheriff ' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFXE'`= THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: John Thomas, 5225 Wilson Lane, Apt. 3113, Mechanicsburg Cumberland County, Pennsylvania but was unable to locate him in his bailiwick he therefore returns the within Complaint as not found as to the defendant, John Thomas. Marlene at front desk advises the defendant does not reside at this address and the Post Office advises that defendant's mail is delivered to this address. SHERIFF COST: $42.00 March 31, 2009 SO ANSWERS, R THOMAS KLINE, S ERIFF Deputy Sheriff Docket No. 2009-1808 Capital One v John Thomas . 76-: J /t " M_ L%d 359 LAW OFFICES OF PATENAUDE & FELIX, A.P.C. A PROFESSIONAL LAW CORPORATION 1Xt PLEASE REPLY TO OFFICE INDICATED 1 14545 MURPHY CANYON RD., 3RD FL SAN DIEGO, CALIFORNIA 92123 TEL (858) 2447600 (800) 832-7675 FAX (858) 836-0318 R /-,Z- Attention: Postmaster Mechanicsburg PA 17055-6668 1X1 213 EAST MAIN STREET CARNEGIE, PENNSYLVANIA 15106 TEL (412) 429-7675 (800) 832-7675 FAX (412) 429-7679 April 14, 2009 I 1 1771 EAST FLAMINGO RD., STE. 112A LAS VEGAS, NEVADA 89119 TEL (702) 952-2032 (800) 867-3092 FAX (702) 992-6286 Request for Change of Address or Boxholder Physical Address Information needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: JOHN THOMAS Address: 5225 Wilson Ln Apt 3113 Mechanicsburg PA 17055-6668 The following information is provided in accordance with 39 CFR 265.6 (2) (6) (ii). There is no fee for the providing boxholder information. The fee for providing change of address information is waived in accordance with 30 CFR 265.5 (d) (1) and (2) and corresponding Administrative Support Manual 352.44 (a) and (b). 1. Capacity of requestor: Raymond A. Patenaude (Attorney at Law) 2. Statute or regulation that empowers me to serve process: CA Code of Civil Procedures, Section 410 and/or Pa.R.C.P. 400. 3. The names of all known parties to the litigation: CAPITAL ONE BANK (U.S.A.), N.A. vs. John Thomas 4. The Courtin which the case has been or will be heard: Cumberland, Cumberland County Court Of Common Pleas 5. The docket or identifying number if one has been issued: File No. 08-44399 6. The Capacity in which this individual is to be served: DEFENDANT THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE UP TO $10,000 OR IMPRISONMENT, OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I Certify that the above information is true and that the address information is needed and will be used solely for the service of legal process in connection with actual or prospective litigation. Very truly yours, LAW OFFICE OF PATENAUDIE & , ES FOR POST OFFICE USE ONLY New address or Boxholder's name and Street Address: PLEASE POSTMARK ?(y y1v fj?s J -Good as Addressed and receiving mail at the address given (not a P.O. BOX). a Moved on or about leaving no forwarding address. Unknown at the address given. No such address. PF_06 Postal Break Add Dl i` Q ?? P&F File No. 08-44399 Page 1 of 1 * People Search Results(1) Print a Personal Information Confidence Address History Phone Date Reported JOHN C THOMAS © 5225 WILSON LN 07/2004- Aliases: CHARLES E APT 3113 717-766-1965 01/2009 THOMAS,J C THOMAS,JOHN MECHANICSBURG, PA 17055 C THOMAS Multi-Family Dwelling Gender: M Birth Date: 07/1947 725 INDIANA AVE 12/2006 SSN: 165-38-XXXX LEMOYNE, PA 17043 717-761-1933 Single Family Dwelling Address Only Phone ® 351 E 84TH ST 09/2006 APT 17E NEW YORK, NY 10028 Multi-Family Dwelling © 500 CUMBERLAND RD 07/2006 LEMOYNE, PA 17043 Multi-Family Dwelling ® 110 WALNUT ST 08/2005 LEMOYNE, PA 17043 Single Family Dwelling ® 212 LOCUST ST 05/2005 STE 500 HARRISBURG, PA 17101 Single Family Dwelling © PO BOX 9500 05/1999 HARRISBURG, PA 17108 Single Family Dwelling © 351 E 84TH ST 0911997 APT 3D NEW YORK, NY 10028 Multi-Family Dwelling © PO BOX 22 06/1993 CHATHAM, NJ 07928 Multi-Family Dwelling Page 1 https://3x.insightcollect.com/?event=Search.showPrint 5/14/2009 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me the undersigned authority, a Notary Public in and for said County and State, personally appeared, GREGG MORRIS, who being duly sworn according to law, deposes and states pursuant to Pennsylvania Rule of Civil Procedure 402, he was informed that the Process Server retained by the Sheriff of CUMBERLAND County was unable to personally serve the Complaint upon Defendant, JOHN THOMAS, at his/her last known address of 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668, as more specifically set forth on the Sheriffs Return attached hereto as Exhibit "A." He further deposes and states that he was informed by the United States Post Office that Defendant receives mail at 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. A true and correct copy of the Post Office letter is attached to this Motion as Exhibit "B". He also deposes and states that information obtained from various computer data base indicate that Defendant's last known address is 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668. See Plaintiffs Exhibits "C". He further deposes and states that the results of a search from Trans Union using Defendant's APT 3113 NOTARIAL SE HEATHER L GOGAL Notary Public PA 55 Mtn Alt Svc CARNEGIE BOROUGH, ALLEGHENY COU File No. 08-44399 My Commission Expires Oct 19, 2011 I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: John Thomas 5225 Wilson Ln Apt 3113 Mechanicsburg PA 17055-6668 Date: May 14, 2009 G g L. orris, Esquire P t e & Felix, A.P.C. 21 E. Main Street C egie, PA 15106 12) 429-7675 PA-56 Memo Mtn Alt Svc P&F File No. 08-44399 ,I- ilk jf- 9 r t , CAPITAL JOHN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E BANK (U.S.A.), N.A. ) Plaintiff ) NO. 2009-01808 V. ) AS ) Defendant(s) ) PRAECIPE TO AMEND MOTION FOR ALTERNATIVE SERVICE 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-158 for Appearance P&F File No. 08114399 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. JOHN Defendant(s) TO: Prot] Plea follows: 6. 7. number to c Date: May PA-158 NO. 2009-01808 amend the Motion for Alternative Service filed at the above number and term as No Judge has ruled upon any other issue in this case, The Defendant is Pro Se and Plaintiff s counsel does not have a working phone the Defendant. ?9, 2009 0 for Appearance P&F File No. 08-44399 I, hereby ordinary Date: May PA 65 MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., that a true and correct copy of foregoing document was served this date by upon the following: Thomas Wilson Ln Apt 3113 anicsbure PA 17055-6668 !9, 2009 of Service Gre /PA Esquire Pat ix, A.P.C. 2 et e106 21 P&F File No 08-44399 20B jUil I 1 i xi ; r%l .# MAY E 9 ZOU9 u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. JOHN THOMAS Defendant(s) ORDER OF COURT NO. 2009-01808 AND NOW, this day of 20 b9 , upon consideration of the forgoing Motion, it is Ordered that said Motion is GRANTED. Service of original process in this matter shall be made on the Defendant by Plaintiffs counsel by mailing a copy of the Complaint by Certified Mail, Return Receipt Requested and by First Class United States Mail postage prepaid to the Defendant's last known address of 5225 WILSON LN APT 3113 MECHANICSBURG, PA 17055-6668 with said service deemed effective upon the date of mailing. By the Court: PA-54 Ord Mtn Alt Svc P&F File No. 08-44399 ?J ?M r+y N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff ) NO. 2009-01808 V. ) JOHN THOMAS ) Defendant(s) ) 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&F File No. 08-44399 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff ) NO. 2009-01808 V. ) JOHN THOMAS Defendant(s) ) 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. /') Respect7e8&z subm tted: Patenau 1 , A.P.C. Date: June 10, 2009 et Vegie,, Esquire 06 PA_159 Prcp to Reinst Cmplt P&F File No. 08-44399 -D OF ' H i f } to ?h ? 2009 JU 1, 18 PIN 1: ( y 410.Oo Pb ATr%( Gcw Af t9 (06 at '1(o848 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 2009-01808 V. JOHN THOMAS Defendant(s) AFFIDAVIT OF SERVICE 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 & Fs1ix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_114 Aff of Srvc D1 P&F File No. 08-44399 AFFIDAVIT OF SERVICE 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 who, being duly sworn according to law, deposes and say that he mailed a true and correct copy of the Complaint in Civil Action filed in this case, by Certified Mail, return receipt requested, and by regular United States mail, postage pre-paid, on June 24, 2009, to the following: JOHN THOMAS 5225 WILSON LN APT 3113 MECHANICSBURG PA 17055-6668 A true and correct copy of the certified mail receipt, marked Exhibi ' , is attached hereto, and made a part hereof. Esquire for Sw.?omto and subs ribed before me this o`?'?y of '20 Notary Public NOTARIAL SEAL HEATHER L GOGAL Notary Public CARNEGIE BOROUGH, ALLEGHENY COUNTY My Commission Expires Oct 19, 2011 PA-1 14 Aff of Srvc D 1 P&F File No. 08-44399 co cc Ln OFFICIAL U E M1 r-q ftftp s $ds? M Cartleetl Fss I/ 0 (Endorsrk= 0 6d An Tow Poo pe s Fees $ ?I?J3N?3 C3 ?103 .. r- crPOSw 173 1?- t( FLED-OFFIC'E' OF THE PROTONOTARY' 2009 JUN 29 Pty 3: 33 CU ;? , ' i t ;CUNTY PENNSYI_VAW