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HomeMy WebLinkAbout05-5041 STOCK & GRIMES, LLP By: Edward Stock, Esquire I,O.# 13657 304 ;hest Avenue Jenkintown, PA 19046 (215) 576-1900 CAPITAL ONE BANK, ISSUER OF CAPITAL ONE c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff ,i Vs. SHARON MYERS a/k/a SHARON BRINTON 31 Buttonwood Lane i1i ii Carlisle, PA 17013 Defendant(s) CIVIL ACTION "NOTICE" Attorney for Plaintiff COURT OF !"OMMON PLEiiS CUMBERLAND COUNTY CUIVTL AC`I'::ON_L _W NO. ?S -SOVI (2lUlL "AVISO" "Le han demandado a usted en is Corte. Si usted quiere defenderse de estas demandas ex- puestas en las paginas siguientes, usted tiene veinte (20) di as de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adem6s, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes Mara usted." HAVE A LAWYER OR CANNOT AFFORD ONE, "LLEVE ESTA DEMANDA A UN ABO- GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. Si NO TIENE ABO- FORTH BELOW TO FIND OUT WHERE YOU GADO 0 SI NOTIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PER- CAN GET LEGAL HELP. "You have been sued in court. If you wish to defend against the clainis set forth in the fol- lowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appdarance person- ally or by 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 SONA O LLAME POR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA .ADAJO ARA AVERIGUAR DONDE SE PUEDE COiJSE 11R ASISTENCI LEGAL. LAWYER REFERENCE SERVICES Court z0ministrator -- Cuuberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 CAPITAL ONE BANK, ISSUER OF CAPITAL ONE c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff vs. SHARON MYERS a/k/a SHARON BRINTON 31 Buttonwood Lane Carlisle, PA 17013 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. CAS - U4/ (?, . ?? lv? C EfZ_;-i_7 CIVIL ACTION COMPLAINT 1. Plaintiff, Capital One Bank, issuer of the Capital One Card, is a duly organized banking institution and is authorized to conduct business in the Commonwealth of Pennsylvania. 2. The Defendant(s), Sharon Myers a/k/a Sharon Brinton, is/are adult individual(s) residing at the address contained in the above caption. 3. On sundry and various occasions, Defendant(s), with the use of a (or) credit card(s) issued by Capital One pursuant to their credit card agreement(s), made various purchases of goods and/or merchandise with the use of the credit card(s) (#5291-4920-8225-7607) from authorized merchants. 4. The present outstanding balance which is due on the account(s) is $9,374.83; and, although repeated requests and demands have been made upon the Defendant(s) to satisfy the same in accordance with the terms and conditions of the credit card agreement(s), the Defendant(s) has/have and still refuse(s) to pay the same. 5. As a result thereof, Plaintiff has been forced to incur reasonable attorney collection fees in the sum of $2,343.71 in an attempt to legally enforce collection of the debt(s) due it from the Defendant or Defendants. 6. Plaintiff's investigation has determined that the Defendant is not in the military service. 7. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Capital One Bank, demands Judgment against the Defendant(s), Sharon Myers a/k/a Sharon Brinton, in the sum of $11,718.54, with interest and costs. DATE : /,)-- 6 5 EDWARD STOmOR Attorney for i f f VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. EDWARD STOCK, ESQUIRE Request for Military Status Department of Defense Manpower Data Center g? Military Status Report 7F = Pursuant to the Service Members' Civil Relief Act Page 1 of i f . 4 AUG-05-2005 12:48:27 Last Name First/Middle Begin Date Active Duty Status Service/Agency MYERS SHARON Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762). We will then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: httP://www.defensel nk.mil/faq/.pis/PC09SLDR html. Report ID:SCRMDSMXXC https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/5/2005 V` V\ N r::a tf"'3 yJ o T -TI i?i SHERIFF'S RETURN - REGULAR CASE NO: 2005-05041 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE VS MYERS SHARON ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MYERS SHARON AKA SHARON BRINTON the DEFENDANT , at 1206:00 HOURS, on the 3rd day of October , 2005 at 31 BUTTONWOOD CARLISLE, PA 17013 by handing to SHARON MYERS 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 18.00 Service 6.72 Postage .37 Surcharge 10.00 .00 35.09 Sworn and Subscribed to before this 10(a day of So Answers: R. Thomas Kline 10/04/2005 STOCK & GRIMES By: ' Deputy heriff A. D. Capital One Bank, Issuer of Capital One vs Sharon Myers a/k/a Sharon Brinton 05-5041 Civil Term Case No. Statement of Intention to Proceed To the Court: Capital One Bank, Issuer of Capital One intends to proceed ove cap d matter. Print Name Edward Stock, Esquire Sign Name Aen- Date: Attorney for 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 party 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 show in 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. 9/18/08 Plaintiff C. C Mi F, ,.? F ' rn l -7 211 STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff CAPITAL ONE BANK, ISSUER OF COURT OF COMMON PLEAS CAPITAL ONE CUMBERLAND COUNTY c/o Stock & Grimes, LLP CIVIL ACTION-LAW 804 West Avenue Jenkintown, PA 19046 Plaintiff VS. SHARON MYERS A/K/A SHARON BRINTON 31 Buttonwood Lane Carlisle, PA 17013 NO. 05-5041 Civil Term Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Judgment by Default in favor of the Plaintiff, Capital One Bank, issuer of Capital one and against the Defendant(s), Sharon Myers a/k/a Sharon Brinton, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $11,718.54 in accordance with the prayer of the Complaint. q-1) d DATE: { - , k AFFIDAVIT OF NON MILITARY SERVICE Edward Stock, Esquire, being duly sworn according to law, deposes and says: (a) That the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Sharon Myers a/k/a Sharon Brinton, is an adult individual and resides at 31 Buttonwood Lane, Carlisle, PA 17013. (c) That Defendant, , is an adult individual and resides at Affiant has ascertained the foregoing information by personal investigation and makes this Affidavit in due authority; and he understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unworn falsification to authorities. CAPITAL ONE BANK, ISSUER OF CAPITAL ONE Plaintiff VS. SHARON MYERS a/k/a SHARON BRINTON Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 05-5041 Civil Term CERTIFICATION UNDER PA. R.C.P. 237.1 EDWARD STOCK, ESQUIRE, Attorney for Plaintiff, Capital One Bank, issuer of Capital One, certifies that he sent a copy of the attached Notice on November 2, 2005 by regular mail, to the Defendant(s) at the address at which the Defendant(s) was/were served with a copy of the Complaint by the Office of the Sheriff indicated by the court records. DATE : 6r ff A- ? I I EDWARD(STOCK, Attorney for Plaintiff CAPITAL ONE BANK, ISSUER OF CAPITAL ONE Plaintiff VS. SHARON MYERS A/K/A SHARON BRINTON Defendant(s) TO: Sharon Myers a/k/a Sharon Brinton 31 Buttonwood Lane Carlisle, PA 17013 Date: November 2, 2005 COURT OF COMMON PLEAS CUMBERLAND C OUNI T Y CIVIL ACTION-LAW NO. 05-5041 Civil Term IMPORTANT NOTICE 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 (10) 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 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 LEGA. SERVECES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERENCE SERVICE COURT ADMINISTRATOR - CUMBERLAND COUNTY COURTHOUSE 4THFLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 ED)NAkD- TOCK;-E-8Qt7 Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 ?, r- r-.a ?? ? ?? ? 1 ? 7? ? , ? o ? ?? :: -? , ?_y ?,?:. ;