HomeMy WebLinkAbout09-4262IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
Plaintiff
V.
LARAINE Y UNGER
Defendant(s)
NO
CQ - 4a&2 0;("it- err,
COMPLAINT IN CIVIL
ACTION
Filed on behalf' of:
CAPITAL ONE BANK (USA), N.A.
Counsel of Record for This Party:
Gregg L. Morriss, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PF_PA_I I Cmplt Cvr Sht P&F File No. 09-1765
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A. )
Plaintiff )
NO.
V. )
LARAINE Y UNGER )
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 cone. 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 action Como se describe anteriormente, el caso pude
proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier reclamation o remedio
solicitado por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adiciona.l. Usted puede perder
dinero o propiedad au otros derechos importantes para usted.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AT QNCE.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 L:EGALES SIN CARGO O
BAJO COSO A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA, 17013
717-249-31.66
PA_21Notice to Defend P&F File No. 09-1765
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A. )
Plaintiff )
V. )
LARAINE Y UNGER )
Defendant(s) )
COMPLAINT IN CIVIL ACTION
NO. A9- 4;-4.Z.
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:
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 LARAINE Y UNGER, an adult individual, believed to currently
reside at 316 FORGE RD BOILING SPRINGS, PA 17007-9772.
3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No.
4388642653652431, for the purchase of good and services.
4. The Defendant(s) has/have made or authorized a number of purchases and as of
August 06, 2008, Defendant(s) owes $14,957.95 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. 09-1765
6. Defendant assented to the correctness of the balance by making payments on the
account.
7. 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
by continuing to extend credit to Defendant(s).
8. 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 $14,957.95, plus interest
and costs.
9. By making payments andy 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.
10. 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. 09-1765
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amount of $14,957.95, 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.
Respectfully sub/ >tted:
Patenaude & Fe /, A.P.C.
Date: April 22, 2009
ureg 79-P7 orris, Esquire
213 VIM Street
C A 15106
2 675
PA-05 Civil CMPlt Crdt Crd
P&F File No. 09-1765
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.
Date: April 22, 2009
?jr g L /Morris, Esquire
V2. e & Felix, A.P.C.
ain Street
, PA 15106
(412) 429-7675
PA_01 Arty Verification
P&F File No. 09-1765
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Sheriffs Office of Cumberland County
R Thomas Kline tr artdrrnirr
Sheriff Edward L Schorpp
Solicitor
Ronny R Anderson
_ Jody S Smith
Chief Deputy F Civil Process Sergeant
Capital One Bank (U.S.A.) N.A.
vs. I Case Number
Laraine Y. Unger 2009-4262
SHERIFF'S RETURN OF SERVICE
06/27/2009 09:31 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 27,
2009 at 0931 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Laraine Y. Unger, by making known unto Yvonne Ruby, Daughter of defendant at 316
Forge Road Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $33.40
June 29, 2009
SO ANSWERS,
R THOMAS oKLINE, SHERIFF
4Deuty Sheriff
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CAPITAL ONE BANK (USA),N.A.
Plaintiff
V.
LARAINE Y. UNGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4262 CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Laraine Y. Unger, the Defendant in this matter:
Joseph D. Buckley, Esquire
Supreme Court I. D. # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
Thank you.
Date: July 16, 2009
CERTIFICATE OF SERVICE
I, Joseph D. Buckley, Esquire, do hereby verify that I have served a copy of the foregoing
Praecipe For Entry Of Appearance upon the persons indicated below, which service satisfies the
requirement of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the
United States mail, first-class postage prepaid as follows:
Greg L. Morris, Esquire
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
Date: July 16, 2009
CAPITAL ONE BANK (USA),N.A. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
LARAINE Y. UNGER,
Defendant
NO. 09-4262 CIVIL TERM
ANSWER
AND NOW this 20th day of November comes Defendant, by and through her attorney,
Joseph D. Buckley, Esquire, and answers Plaintiff's complaint as follows:
1- 3. Admitted.
4. Admitted in part and denied in part. It is admitted that Defendant is owing to Plaintiff,
however it is denied that the amount alleged to be owing is correct.
5. Defendant is unable to answer this averment as she is uncertain as to how or if Plaintiff
maintains accurate accountings and accurate books, thus specific proof thereof is hereby
demanded.
6. It is denied that Defendant has assented to the correctness of the balance and specific
proof thereof is hereby demanded.
7. Admitted in part and denied in part. It is admitted that Defendant has received monthly
communications from Plaintiff, however after a reasonable investigation, Defendant is unable to
determine whether the amounts of charges were correct, thus specific proof thereof is hereby
demanded.
8. Admitted in part and denied in part. It is admitted that Defendant has not made a
payment on the balance claimed to be owed, but disputes that the amount claimed to be owed as
being the correct amount.
9. This averment is a legal conclusion to which no response is necessary.
10. Admitted in part and denied in part. It is admitted that Defendant has not made a
payment on the balance claimed to be owed, but disputes that the amount claimed to be owed as
being the correct amount.
WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's action.
Supreme Court I. D. # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
VERIFICATION
The undersigned, Laraine Y. Unger, hereby certifies that the statements made in the
foregoing Petition are true and correct to the best of his knowledge, information and belief.
It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date: H &V d
araine Y. Unger
CERTIFICATE OF SERVICE
I, Joseph D. Buckley, Esquire, do hereby verify that I have served a copy of the foregoing
Answer upon the persons indicated below, which service satisfies the requirement of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail,
first-class postage prepaid as follows:
Greg L. Morris, Esquire
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
Date: November 20, 2009
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2Qg9 NOV 20 PM l2*.35
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PRAECIPE FOR LISTING CASE FOR ARGUMENT S
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(MUST BE TYPEWRITTEN AND SUBMITTED IN TRIPLICATE) r3
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter '` a i xt oz n
Argument Court.) y c, ?m
----------------------------------------------------------------------------------------------------------------='---?'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
Plaintiff
V.
LARAINE Y UNGER
Defendant(s)
NO. 2009-04262
PRAECIPE FOR ARGUMENT
1) State the matter to be argued (i.e. plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.): MOTION FOR SUMMARY JUDGMENT.
2)
Identify all counsel who will
For Plaintiff. Greg Morris
For Defendant: Joseph D. Bu
the case:
3) I willl notify all parties in writing within two
argument: Gregg Morris. 213E Main Street. Carne>?ie_ PA
4) Argument Court Date: FEBRUARY 18, 2011
Date: January 06, 2011
PA_I58Cu Praecipe Argument Cumberland
that this case has been listed for
i?
i
4
1
INTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the
Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not
the Prothonotary) after the case is relisted.
A copy of this praecipe has been provided
to the following by the moving party:
JOSEPH D BUCKLEY, ESQ.
1237 HOLLY PIKE
CARLISLE PA 17013
PA_158Cu Praecipe Argument Cumberland P&F File No. 09-1765
I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A.,
hereby certify that a true and correct copy of foregoing document was served this date by
ordinary mail upon the following:
Joseph D Buckley, Esq.
1237 Holly Pike
Carlisle PA 17013
Date: January 06, 2011
?a e & Fell'
21 Main Street
arnegie, PA 15106
(412) 429-7675
PA-65 Certificate of Service P&F File No 09-1765
d
4
FILED-OFFICE
OF THE pROTHONOTAM
31
2011 1 A°, ?. i ? , ;
Jig
CUMBtR' i%i?'
PEEI?'??L`??,?.?? A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
Plaintiff
NO. 2009-04262
V.
LARAINE Y UNGER
Defendant(s)
CERTIFICATION OF SERVICE
OF PRAECIPE FOR
ARGUMENT AND
MEMORANDUM OF LAW
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
PA 103A Cert Service
P&F File No. 09-1765
, 41
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
Plaintiff
V.
LARAINE Y UNGER
Defendant(s)
CERTIFICATION OF SERVICE
NO. 2009-04262
I, GREGG MORRIS, attorney for Plaintiff, above named, hereby certify that a true and
correct copy of PRAECIPE FOR ARGUMENT AND MEMORANDUM OF LAW was
served this date by ordinary mail upon the following:
JOSEPH D BUCKLEY, ESQ.
1237 HOLLY PIKE
CARLISLE PA 17013
Date: January 06, 2011
PA 103A Cert Service
P&F File No. 09-1765
a
I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A.,
hereby certify that a true and correct copy of foregoing document was served this date by
ordinary mail upon the following:
Joseph D Buckley, Esq.
1237 Holly Pike
Carlisle PA 1.7013
Date: January 06, 2011
PA 65 Certificate of Service
P&F File No 09-1765