HomeMy WebLinkAbout06-7272
,
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).
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)
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CAPITAL ONE BANK
Plaintiff,
v.
JEFFREY WALKER,
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.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 ONE BANK, )
)
Plaintiff, ) NO.
)
v. )
)
JEFFREY WALKER, )
)
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 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING A LAWYER.
IF YOU CANNOT AFFORD TO illRE A LAWYER, TillS 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, P A 17013
717-249-3166
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-07272 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
WALKER JEFFREY
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
WALKER JEFFREY
the
DEFENDANT
, at 1716:00 HOURS, on the 2nd day of January , 2007
at 40 PINE RIDGE CT
ENOLA, PA 17025-3405
by handing to
JEFFREY WALKER
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:
Sworn and Subscibed to
18.00
13.20
.00
10.00
.00
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R. Thomas Kline
01/03/2007
PATENAUDE &
By:
FELIX
~1t:
Zuty Sheriff ~
before me this
day
of
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
Defendant.
)
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)
)
)
)
)
)
)
CAPITAL ONE BANK,
Plaintiff
v.
JEFFREY WALKER,
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 JEFFREY WALKER, an adult individual, believed to currently
reside at 40 PINE RIDGE CT , ENOLA, P A 170253405.
3. Heretofore, the Defendant opened a CAPITAL ONE BANK account with
Plaintiff being Account No. 5291071514763216 , for the purchase of goods and services.
4. The Defendant has made or authorized a number of purchases and as of
10/11/06, Defendant owes $3,876.08 on said account plus interest.
5. Plaintiff maintains accurate books of account recording all credits and debits for
this account.
6. The Defendant has received monthly billing statements from Plaintiff setting
forth the nature and amount of all charges made by Defendant, and the transactions between
Plaintiff and Defendant give rise to an account stated, upon which Plaintiff has relied.
7. The Defendant made payments, but has refused to pay, and now refuses to pay
the balance due and owing on the aforesaid account in the sum of $3,876.08, plus interest
and costs.
8. By failing to object or dispute to the statements including the statement attached
hereto as Plaintiffs Exhibit "A", Defendant has assented to 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 has failed to make the required installment
payments when due and therefore the full amount ofthe account is now due and payable.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in
the amount of $3,876.08, plus legal interest 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 Submitted:
G 0
13 E. Main St eet
Carnegie, P A 15106
(412) 429-7675
..
ST ATE OF GEORGIA
COUNTY OF GWINNETI
Personally appeared before me HENDERSON W MCKENZIE II, who being duly sworn, made oath that
he/she is an authorized agent of CAPITAL ONE BANK, and that he/she is authorized to make this
affidavit, and to the best of his /her knowledge and belief, WALKER, JEFFREY is/are justly indebted to
CAPITAL ONE BANK in the sum of$5013.91 Dollars as of 09/05/2006 with 26.99% 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 12th day of October, 2006.
l~J11/Jtr
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 12th day of October, 2006.
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Notary IC
My conunission expires on
MYRA PRINDLE
Notary t-'UbIlC
Gwinnett County Georgia
My Commission Expires July 31st 2009
A144
PATENAUDE & FELIX, A.P.C
5291071514763216
f!~hib/i ';A u
.
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 by 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 ONE BANK )
) NO. 06-7272
Plaintiff, )
)
v. )
)
JEFFERY WALKER, )
)
Defendant. )
PRAECIPE FOR
DEFAULT JUDGMENT
Filed on behalf of
Target National 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
(412) 429-7675
762.2929W ALKER,JEFFERY.CUMBERLAND.wpd
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK )
) NO. 06-7272
Plaintiff, )
)
v. )
)
JEFFERY WALKER, )
)
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.
TOTAL
$ 3,876.08
$ 1,584.99
$ 0.00
$ 5,461.07
Amount claimed in Complaint
Interest
Attorney's fees
With continuing interest on the principal amount of$5 ,461.07 , 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 ofthis praecipe. A copy ofthe Notice is attached.
By:
, s e
a aude & Felix, A.P.C
13 E. Main Street
Carnegie, P A 15106
(412) 429-7675
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK )
) NO. 06-7272
Plaintiff, )
)
v. )
)
JEFFERY WALKER, )
)
Defendant. )
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P.I037(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, Jeffery Walker the
military service of the United States of America to the best of his knowledge, information and belief
and certifies that Notice of Intent to take Default Judgeme as ai d in accordance with
Pa.R.e.P. 237.1, as evidenced by the attached copy.
r
en , A.P.C
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
this ~ day of Y-lJbrv~
2007,
~ 'V\. ~._''\.
Notary Public
NOTARIAL SEAL
ERIN N BALTZELL
NotalV Public
CARNEGIE BOROUGH. hLLEGHENV COUNlY
My Commission Expires Jul 21. 2010
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK )
) NO. 06-7272
Plaintiff, )
)
v. )
)
JEFFERY WALKER, )
)
Defendant. )
IMPORTANT NOTICE
Piled 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.e.
213 E. Main Street
Carnegie, P A 15106
(412)429-7675
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL V}..NL^..
Plaintiff,
)
)
)
)
)
)
)
)
)
CAPITAL ONE BANK
NO. 06-7272
v.
JEFFERY WALKER,
Defendant.
To: JEFFERY WALKER
40 PINE RIDGE COURT
ENOLA, P A 17025
JOHN P NEBLETT
2000 LINGLESTOWN RD
HARRISBURG, PA 17110
Date of Notice: January 24,2007
YOU ARE IN DEF AUL T BECAUSE YOU HA VB FAILED TO ENTER A WRITIEN
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 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, P A 17013
717-249-3166
gg L. 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 date by US First Class Mail, postage
prepaid upon the following:
JEFFERY WALKER
40 PINE RIDGE COURT
ENOLA, P A 17025
JOHN P NEBLETT
2000 LINGLESTOWN RD
HARRISBURG, PA 17110
Date: January 24. 2007
s, sqUIre
Patenaude & Felix, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK )
) NO. 06-7272
Plaintiff, )
)
v. )
)
JEFFERY WALKER, )
)
Defendant. )
NOTICE OF ORDER,
DECREE OR
JUDGMENT
Filed on behalf of
Target National 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
(412) 429-7675
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK )
) NO. 06-7272
Plaintiff, )
)
v. )
)
JEFFERY WALKER, )
)
Defendant. )
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( )Plaintiff ( x )Defendant ( ) Garnishee ( ) Additional Defendant
You are hereby notified that the following Order, Decree, or Judgment has been entered
against you on
( ) 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$ 5.461.07 , 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.
Prothonotary
JIyou have questions concerning the above, please c:~!~
Name of Attorney: Gregg L. Morris, Esquire
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675