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Home My WebLink About06-2335 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff No. 0(., -;!.J20 (!{Ul~m~ vs. PATRICIA BOWSER CIVIL ACTION Defendant NOTICE 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 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 MAYBE 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 HA VE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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 (7I 7) 249-3166 AMATO ANO ASSOCIATES, P.C. By: ~? Ronald Amato, Esq., Atty 10 #32323 Michael J. Kennedy, Esq., Atty 10 #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A OEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff No. O~- ~.33S C;o~l ~~ vs. PATRICIA BOWSER CIVIL ACTION Defendant COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $7,866.74, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, FEDERAL EXPRESS CORPORATION is located at P.O. Box 7221, PASADENA, CA 91109. 2. The Defendant, PATRICIA BOWSER is located at 314 Manchester Road, Apt. #B, CAMP HILL PA 17011-6122. 3. Plaintiff duly maintained a written copy of the rate, classification, rules and practices, upon which rates were based, as required under 49 USCA ~13710(a)(l), and such rates, classification, rules and practices were available at all times to Defendant upon request. 4. The goods in all of the above instances were involved in interstate commerce in that the point of origin was in a different state than the point of destination. 5. Plaintiff shipped the goods with defendant designated as the shipper and/or consignee and the party to make payment of the transportation charges, which defendant agreed and promised to make payment thereof. A true and correct copy of a Statement of Defendant's account, is attached hereto, made a part hereof and marked Exhibit "A". 6. Pursuant to the appropriate tariff duly published and filed by plaintiff, lawful charges associated with the transportation of the goods described in Exhibit "A" accrued in the total sum of $6,418.17. 7. Plaintiff is entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% per annum to the past due balance. As of April 17, 2006 the total amount of interest due to plaintiff is $293.30. 8. Plaintiff is entitled to have the 6.00 % interest charge continue to accrue as set forth above, from April 17, 2006 on down to the date of judgment in this matter. 9. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $1,155.27. 10. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $7,866.74 together with the continually accruing interest charge at the statutory rate of 6.00 % per annum from April 17,2006, and cost of suit. COUNT II Alternative to Count I - Unjust Enrichment 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 12. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 13. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 14. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 15. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 16. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $6,418.17. WHEREFORE, Plaintiff demands judgment against Defendant for $6,418.17 together with the continually accruing interest charge at the statutory rate of6.00% oer annum from April 17 , 2006, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND ASSO_CI~.C. By: ~c:-- Ronald Amato, Esq., Atty 10 #32323 Michael J. Kennedy, Esq., Atty 10 #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERIFICATION I, the undersigned, In my capacity as the Manager of Federal Express Corporation, Plalntiffhereln, certify that the facts set forth In the foregoing Complaints are true and correct to the best of my knowledge or Information and belief. I make this Verification subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make the false statements, I may be subject to criminal penalties. Noah e Print or Type Name \,\,"'''IH"" ,..~~ON Fo~"" $'~~':""""~~~' .. ,-. .':..nl ~"'. NOTARY '~r ';. : : . 'So :cn' PUBLIC :u.I: =:J:~ AT ,I.I.J; :~. ''''.:;: -';;. RGE' "'= ~\t9'. LA .~I ~ r " .'~~~ "" C'OJ~"".~\-.~~"'" '.... uN"f'(, ,.., ""uuua".\\\ ~~ MY COMMISSION EXPIRES FEB. 26,2008. NEXT SCREEN: SOLAR ITEM INQUIRY SKIP: PAGE: 1 OF 1 ENTER INVOICE: BYPASS PM/RM: A/B: CUST #: REPRINTS: P CUSTOMER NAME: BOWSER, PATRICIA A @N CUSTOMER NO: 2840-0526-0 *CASH*07/26/05 314 MANCHESTER RD STE B PHONE NO: 717-737-9446 CAMP HILL PA 170116 FPP NO: NO OF ITEMS: 2 INVOICE NO. 3-902-52359 3-894-74240 DATE 06/28/05* 06/23/05* AGE 212 217 INV AMT 175.38 6242.79 AMOUNT DUE 175.38 6242.79 CUSTOMER TOTALS ENTER AN S BY THE INV. NO TO SEE DETAIL 6418.17 CO. LVL 0100 6 0100 6 AGT 738 738 AC DATE 08/03/05 08/03/05 STATUS OPEN OPEN ~ (.) -{,O.. rl~ ~ CIl.. lfl ___1 9..J U( ... -- ~ ..J. () ,- ~- ~ ~ 0 0- r ...fl .- Q '\J n ~ - -.J --.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff No. 06-2335 Civil vs. PATRICIA BOWSER CIVIL ACTION Defendant PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt Interest (from April 17, 2006 to June 2, 2006 at 6.00% per annum) Payments $7,866.74 $60.17 Total $7,926.91 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on May 22, 2006. Dated: 2006 ~~ATO~ fionald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 2060813 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff vs. PATRICIA BOWSER No. 06-2335 Civil Defendant(s) TO: Patricia Bowser 314 Manchester Road, Apt. #B CAMP HILL PA 17011-6122 Date of Notice: May 22, 2006 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y 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 THA T 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 AMATO AND ASSOCIATES, P.C. By: ? Ronald Amato, E ., Atty 10 #32323 Michael J. Kennedy, Esq., Atty 10 #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff No. 06-2335 Civil vs. PATRICIA BOWSER CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: P.O. Box 7221 PASADENA, CA 91109 I do certify that the precise last known address of the within named defendant is: 314 Manchester Road, Apt. #B CAMP HILL PA 17011-6122 AMATO AND ASSOCIATES, P.C. By: ~ .j(cjnald Amato, Esq., Atty \0 #32323 Michael J. Kennedy, Esq., Atty 10 #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff No. 06-2335 Civil vs. PATRICIA BOWSER CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned. being duly sworn. according to law, deposes and says that the above Defendant(sl is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the prOVisions of The Service members Civil Relief Act of 2003; That Patricia Bowser is over 18 years of age, resides at 314 Manchester Road, Apt. #B, CAMP HILL PA 17011-6122. ~ , Sworn to and subscribed before me this "'..... day ofC!..rf 2006 A.D. ~~~ NOTARX PU NOTARIAL SEAL .EOFF~EY G SCHOENECK NOlary Publlo HANOVEIl TOWNSHI~ NORTHAMPTON CNTY IIy Comml..1on expires Msr 29. 2008 c ""}:j Q ~ \t. ~ ...c <4- 0 ~ - w ~ ~-, ~ () = 0 ,,: C'~ -n C> cr- ~ -.c F .....c:;:- ; '- :;:! C> ~ I}_:l:" c::'. ri1:D ~ C :e .. -nr;:, - I ~:_'}C::,i - . VJ '. UO :\\~> ~ -.0 ..f..- ',- -CJ ,...u_ --L ::~ -.,"; ~~iiO ~ ~::~ c,) ":~O .-<:., c> ""- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FEDERAL EXPRESS CORPORATION Plaintiff No. 06-2335 Civil vs. PATRICIA BOWSER CIVIL ACTION Defendant NOTICE OF JUDGMENT (XXI NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ..;BOVE-NAMED DEFENDANT(sl IN THE AMOUNT OF $7,926.91 ~ON ~L ' 2006. () A COpy OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WIT N JUDGMENT IS/ARE ENCLOSED. I!. PROTH~~T If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOCIATES, P.C. BY:~ Ftclnald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM SHERIFF'S RETURN - REGULAR CASE NO: 2006-02335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL EXPRESS CORPORATION VS BOWSER PATRICIA KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWSER PATRICIA the DEFENDANT , at 0922:00 HOURS, on the 27th day of April , 2006 at 314 MANCHESTER ROAD APT B CAMP HILL, PA 17011 by handing to ERNEST H BLAKE, FATHER 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 ~; 6/:J-:(JtJ(. 18.00 14.08 .00 10.00 .00 42.08 So Answers: .~~~~~~~ R. Thomas Kline 04/28/2006 AMATO & ASSOCIATES A.D. Sworn and Subscribed to before me this day of Prothonotary