HomeMy WebLinkAbout06-6640
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GREGG L. MORRIS, ESQ,
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
CAPITAL ONE BANK,
Plaintiff,
)
~ NO. DL- -lol.l{() C:tu~L T€/l...1Y}
)
)
)
)
)
)
)
v.
JOSEPH A BOHN ,
Defendant( s).
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa LD. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK,
Plaintiff
)
) NO.
)
)
)
)
)
)
)
v.
JOSEPH A BOHN,
Defendant
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 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 HAVE A LAWYER OR CANNOT AFFORD ONE, 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, P A 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK,
Plaintiff
)
) tJ(, . (, t I/O ~ ~
) NO.
)
)
)
)
)
)
)
v.
JOSEPH A BORN ,
Defendant.
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, CAPITAL ONE BANK, by and through its
attorney, GREGG L. 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, 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
Street, Carnegie, Pennsylvania 15106.
2. Defendant is JOSEPH A BOHN , an adult individual, believed to currently
reside at 409 BEAVER AVE APT F , ENOLA, P A 17025.
3. Defendant(s) obtained extensions of credit on the following open ended credit
card account issued by CAPITAL ONE BANK being Account No. 4121742266302440 ,
for the purchase of goods and services.
4. The Defendant(s) made payments, but has refused to pay, and now refuses to pay
the balance due and owing on the aforesaid account in the said sum of$I,668.32, plus
interest and costs. An Affidavit of a representative of CAPITAL ONE BANK is attached
hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in
the amount of$1,668.32, plus interest as attached hereto, with continuing interest thereon at
the legal rate from the date of Judgment plus costs.
Respectfully Submitted:
':>Cj jl.c:2.. '..QOO
.
.
STATE OF GEORGIA
COUNTY OF GWINNEIT
Personally appeared before me MAISHA DAVIS, who being duly sworn, made oath that he/she is an
authorized agent of CAPITAL ONE BANK., F.S.B., and that he/she is authorized to make this affidavit,
and to the best of his/her knowledge and belief, BOHN, JOSEPH A is/are justly indebted to CAPITAL
ONE BANK., F.S.B. in the sum of$1668.32 Dollars as of 06/08/2005 with .00% interest from said date,
and reasonable attorney fees, and that the annexed account which is made part hereof is a true and correct
statement of said indebtedness. To the best of my knowledge, none of the above named defendant(s) is/are
active duty in the military service of the United States or any of its allies as defined in the Soldiers and
Sailor's Relief Act of 1940 with amendments.
Given under my hand this 27th day of July, 2006.
...
(1/~~ r'
Affiant
Taken, subscribed and sworn to before me,
MYRA PRINDLE
Notary Public in and for the City/County and State aforesaid, in my City/County
aforesaid this 27th day of July, 2006.
.~~~
Notary P ic
My commission expires on
MYRA PRINDLE
Notary Public
GWlnnett County Georgia
My Commission Expires July 31st 2009
Al44
PATENAUDE & FELIX, A.P.C
4121742266302440
Cyl1/ b,'i 'A~'
4 - . ..
VERIFICATION
AND NOW, Gregg L. Morris, verifies the statements made in this Complaint that are true
and correct to the best of his knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the
verification cannot be obtained within the time allowed for the filing of this pleading, the pleading
is submitted by counsel having sufficient knowledge, information and belief based upon the
information provided to him by the Plaintiff. The verification of the party will be provided if
requested.
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ON E BANK )
) NO.06-6640
Plaintiff, )
)
v. )
)
JOSEPH A BOHN, )
)
Defendant. )
PRAECIPE FOR
DEFAULT JUDGMENT
CAPITAL ONE BANK
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ON E BANK )
) NO.06-6640
Plaintiff, )
)
v. )
)
JOSEPH A BOHN, )
)
Defendant. )
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer to
Plaintiffs complaint.
Amount claimed in Complaint
Interest
TOTAL
$ 1,668.32
$ 100.10
$ 1,768.42
With continuing interest on the principal amount of$l, 768.42, with interest at the legal rate,
plus costs of suit.
I hereby certify that a written notice of intention to file this praecipe was mailed to the
defendants and defendants' counsel (ifknown), after the default had occurred and at least ten (10)
days prior to the date of the filing of this praecipe. A copy of the Notice is attached.
eg s sqUIre
Patenaude & Felix, A.P.C
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ON E BANK )
) NO.06-6640
Plaintiff, )
)
v. )
)
JOSEPH A BORN, )
)
Defendant. )
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(b)
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 L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant is not in the military service
ofthe United States of America to the best of his knowledge, information and belief and certifies that
Notice of Intent to take Default Judgement was mailed in C ordance wit Pa.R.C.P. 237.1, as
evidenced by the attached copy.
By:
Gre
t aude & Felix, A.P.C
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
this ~ day of .)MV~
~f\(\. ~
Notary Public
2007,
NOTARIAl SEAL
ERIN N BALTZELL
Notary Public
CARNEGIE BOROUGH, ALLEGHENY COUNTY
My Commission Expires Jul21, 2010
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s).
)
)
) NO. 06-6640
)
)
)
)
)
)
)
CAPIT AL ONE BANK
Plaintiff,
v.
JOSEPH A BORN ,
IMPORT ANT NOTICE
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ON E BANK
Plaintiff,
)
)
)
)
)
)
)
)
)
NO.06-6640
v.
JOSEPH A BOHN,
Defendant.
To: JOSEPH A BOHN
409 BEAVER AVE APT F
ENOLA, P A 17025
Date of Notice: December 22, 2006
YOU ARE IN DEF AUL T 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 MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A 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 MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST
CARLISLE, PA 17013
(717)249-3166
Patenaude & Felix, A.P.C.
By:
Gre~g . Morris, Esquire
/Patenaude & Felix, A.P.C
( 213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
I, GREGG L. MORRIS, attorney for Plaintiff, CAPITAL ONE BANK, hereby
certify that a true and correct copy of the foregoing document was served this day by US
First Class Mail, postage prepaid upon the following:
JOSEPH A BORN
409 BEAVER AVE APT F
ENOLA, P A 17025
Gregg L. orris, Esquire
ae & Felix, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Date: December 22, 2006
If
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ON E BANK )
) NO.06-6640
Plaintiff, )
)
v. )
)
JOSEPH A BORN, )
)
Defendant. )
NOTICE OF ORDER,
DECREE OR
JUDGMENT
Filed on behalf of
CAPIT AL ONE BANK
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa LD. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPIT AL ON E BANK )
) NO.06-6640
Plaintiff, )
)
v. )
)
JOSEPH A BOHN, )
)
Defendant. )
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( )Plaintiff ( x )Defendant ( ) Garnishee ( ) Additional Defendant
You are heleby notified that the following Order, Decree, or Judgment has been entered
against you on ..... ~ PI ;;).D('}7 .
( ) Decree Nisi in Equity
( ) Final Decree in Equity
(X) Judgment of ( ) Confession
(X) Default
( ) Non-Pros
( ) Verdict ( ) Court Order
( ) Non-suit
( ) Arbitration Award
(X) Judgment in the amount of $1.768.42, plus costs.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Department of Transportation.
~::~/ ~ -~-~
If you have questions concerning the above, please contact: ~
Name of Attorney: Gregg L. Morris, Esquire . (I
213 E. Main Street
Pittsburgh, PA 15106
(412) 429-7675
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06640 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
BOHN JOSEPH A
SHANNON SHERTZER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BOHN JOSEPH A
the
DEFENDANT
, at 1905:0q HOURS, on the 1st day of December, 2006
at 409 BEAVER AVE APT F
ENOLA, PA 17025
by handing to
JOSEPH BOHN
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
So Answers:
~ I '-It: '1/0lt-
18.00
13.20
.00
10.00
.00
41.20V'
~g~<\t:~~?;,t~ ''"~
R. Thomas Kline '
day
12/04/2006
PATENAUDE & FELIX J
A ("/',1
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Deputy Sh, iff
By:
Sworn and Subscibed to
before me this
of
A.D.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 066' 6?OCivil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK Plaintiff (s)
From JOSEPH A. BOHN - 409 Beaver Ave., Apt F., Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
MEMBERS 1sT FEDERAL CREDIT UNION - 5000 Louise Dr., Mechanicsburg, PA 17055
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1768.42 L.L.$.50
Interest from January 08, 2007 at 5.00% per annum - $633.64
Atty's Comm % Due Prothy $2.25
Atty Paid $137.20 Other Costs
Plaintiff Paid
Date: 1/17/12
David D. Buell, Prothonotary
(Seal) 'V -??.
Deputy
REQUESTING PARTY:
Name Gregg L. Morris, Esquire
Address: PATENAUDE & FELIX, A.P.C.
213 E. Main Street
Carnegie, PA 15106
Attorney for: PLAINTIFF
Telephone: (412) 429-7675
Supreme Court ID No. 69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK
Plaintiff
NO. 06-6640
V.
JOSEPH A BOHN
409 Beaver Ave Apt F Enola Pa 17025
Defendant(s)
MEMBERS 1ST FEDERAL CREDIT UNION
5000 Louise Dr Mechanicsburg Pa 17055
Garnishee
PRAECIPE FOR WRIT OF
EXECUTION
Filed on behalf of:
CAPITAL ONE BANK
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_l34 Prep Writ of Exe P&F File No. 762.600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK
Plaintiff
NO. 06-6640
V.
JOSEPH A BOHN
409 Beaver Ave Apt F Enola Pa 17025
Defendant(s)
MEMBERS 1ST FEDERAL CREDIT UNION
5000 Louise Dr Mechanicsburg Pa 17055
Garnishee
PRAECIPE FOR WRIT OF EXECUTION
To The Prothonotary:
Issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against, JOSEPH A BOHN Defendant(s);
(3) against, MEMBERS 1ST FEDERAL CREDIT UNION, Garnishee;
(4) and index this writ
(a) against, Defendant(s) JOSEPH A BOHN, Defendant(s); and
(b) against MEMBERS 1ST FEDERAL CREDIT UNION, Garnishee;
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as a lis pendens against real property of the Defendant(s) in the name of the garnishee as follows:
(5) Amount due
Interest from January 08, 2007
At 5.00 % per annum
Court Cost
Less: Payment
Total
OS
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,2. ZS ?>ue Co
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$1,768.42
$633.64
C'-,# 5 7t/S?
S'V
PA_134 Prcp Writ of Exe P&F File No. 762.600
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
: rl 4F
Tt-F:=-ERIFF
I P -.OTHONOTAR
2012 FEB --1 pM 1: 49
OO PENNSYLVANIA TY
Capital One Bank
s Case Number
S.
Josveph A Bohn 2006-6640
SHERIFF'S RETURN OF SERVICE
01/26/2012 01:40 PM - Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
January 26, 2012 at 1337 hours, attached as herein commanded all goods, chattels, rights, debts, credits,
and monies of the within named defendant, to wit: Joseph A. Bohn, in the hands, possession, or control of
the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland
County, Pennsylvania, by handing to Kristal M. Luckey, Service Representative, personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on January 27, 2012, to Joseph A. Bohn, 409
Beaver Avenue, Apartment F, Enola, PA 17025.
SO ANSWERS, r ?
January 27, 2012 RON R ANDERSON, SHERIFF
C- Ronald E. Hoover, Deputy
(ci countySuite SFerifl, 7eleosoft. Inc.