HomeMy WebLinkAbout06-7273
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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,
PENNSYLVANIA
Defendant( s).
)
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CAPITAL ONE BANK
Plaintiff,
v.
MARK L GEWISS ,
COMPLAINT IN CIVIL ACTION
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 ONE BANK, )
)
Plaintiff, ) NO.
)
v. )
)
MARK L GEWISS , )
)
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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER.
IF YOU CANNOT AFFORD TO IDRE A LAWYER, TIDS 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: 2006-07273 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
GEWISS MARK L
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT & NOTICE
GEWISS MARK L
the
DEFENDANT
, at 1425:00 HOURS, on the 2nd day of January ,2007
at 1109 APPLE DR
MECHANICSBURG, PA 17055-3918
APT 3
by handing to
MARK L GEWISS
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
18.00
9.68
.00
10.00
.00
37.681
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Sworn and Subscibed to
before me this
day
of
So Answers:
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R. Thomas Kline
10/03/2007
PATENAUDE &
FELIX
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By:
A.D.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK,
Plaintiff
)
)
) NO. ~ - 7J.'1.3
)
)
)
)
)
)
)
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v.
MARK L GEWISS ,
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 clo Patenaude and Felix, A.P.c., 213 East Main
Street, Carnegie, Pennsylvania 15106.
2. Defendant is MARK L GEWISS , an adult individual, believed to currently
reside at 1109 APPLE DR APT 3, MECHANICSBURG, PA 170553918.
3. Heretofore, the Defendant opened a CAPITAL ONE BANK account with
Plaintiff being Account No. 4862362379483202 , for the purchase of goods and services.
4. The Defendant has made or authorized a number of purchases and as of
10105106, Defendant owes $1,113.60 on said account plus interest.
...
5. Plaintiff maintains accurate books of account recording all credits and debits for
this account.
6. The Defendant has received monthly billing statements from Plaintiff setting
forth the nature and amount of all charges made by Defendant, and the transactions between
Plaintiff and Defendant give rise to an account stated, upon which Plaintiff has relied.
7. The Defendant made payments, but has refused to pay, and now refuses to pay
the balance due and owing on the aforesaid account in the sum of$I,I13.60, 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 of the account is now due and payable.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in
the amount of$I,113.60, 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
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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STATE 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, GEWISS, MARK L is/are justly indebted to
CAPITAL ONE BANK in the sum of$1427.23 Dollars as of 08/29/2006 with 25.90% 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.
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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 13th day of October, 2006.
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My commission expires on
MYRA PRINDLE
Notary Public
Gwinnett County Georgia
My Commission Expires July 31st 2009
AI44
PATENAUDE & FELIX, A.P.C
4862362379483202
ExhaOlt IAI\
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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:
r . Morris, squire
Patenaude & Felix, A.P.C
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.p,c.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Y,
PENNSYLVANIA
CAPIT AL ONE BANK
Plaintiff,
)
)
) NO. 06-7273
)
)
)
)
)
)
)
v.
MARK L GEWISS ,
Defendant( s).
PRAECIPE FOR
DEFAULT JUDGMENT
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Pa
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 COUN Y,
PENNSYLVANIA
CAPITAL ONE BANK, )
)
Plaintiff ) NO. 06-7273
)
v. )
)
MARK L GEWISS , )
)
Defendant( s) )
)
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter ajudgment against the Defendant(s), above named, for failu e to file an Answer
to Plaintiffs complaint.
Amount claimed in Complaint
Interest from October 05,2006
Attorney's fees
TOTAL
$1,113.60
$0.00
$0.00
$1,113.60
With continuing interest on the principal amount of $1,113 .60, with interest at the legal rate,
plus costs of suit.
I hereby certify that a written notice of intention to file this praecipe wa mailed to the
Defendant(s) and Defendant(s) counsel (if known), after the default had occured d at least ten (10)
days prior to the date of the filing of this praecipe. A copy of the Notice is attached
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Y,
PENNSYLVANIA
CAPITAL ONE BANK, )
)
Plaintiff ) NO. 06-7273
)
v. )
)
MARK L GEWISS , )
)
Defendant( s) )
)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAIL NG OF
NOTICE PURSUANT TO PA.R.C.P.I037(b)
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said Cou ty and State,
Personally appeared Gregg L. Morris, Attorney for and authorized representative 0 Plaintiff, who being
duly sworn according to law, deposes and states that the Defendant(s), MARK L EWISS, is not in the
military service of the United States of America to the best of his knowledge, info ation and belief and
certifies that Notice ofIntent to take Default Judgment was mailed in accordance \ ith Pa.R.C.P. 237.1,
as evidenced by the attached copy.
UIRE
Sworn to and subscribed before me
this ~ day of ~\Drv~ 20 01 ,
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Notary Public r
NOTARIAL SEAL
ERIN N BAlTZEll
Notary Public
CARNEGIE BOROUGH, I-J.LEGHENY COUNlY
My CommissIon Expires Jul 21,2010
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A 10#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Y,
PENNSYLV ANIA
Defendant( s).
)
)
) NO. 06-7273
)
)
)
)
)
)
)
CAPIT AL ONE BANK,
Plaintiff,
v.
MARK L GEWISS ,
IMPORTANT NOTICE
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Pa
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 COUN Y,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 06-7273
)
)
)
)
)
)
)
CAPITAL ONE BANK,
Plaintiff
v.
MARK L GEWISS ,
To: MARK L GEWISS
1109 APPLE DR APT 3
MECHANICSBURG, PA 170553918
Date of Notice: January 23, 2007
YOU ARE IN DEF AUL T BECAUSE YOU HAVE F AILED TO ENTE A WRITTEN
APPEARANCE PEROSONALL Y OR BY ATTORNEY AND FILE IN WRITING WI H THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YO . UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPE TY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU D NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THI OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE AL 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
I, GREGG L. MORRIS, attorney for Plaintiff, CAPITAL ONE BANK, her y
certify that a true and correct copy of the foregoing document was served this da by US
First Class Mail, postage prepaid upon the following:
MARK L GEWISS
1109 APPLE DR APT 3
MECHANICSBURG, PA 170553
. Morr' , Esquire
Patenaude & Felix, A.P.e.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Date: January 23,2007
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GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.c.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN Y,
PENNSYLVANIA
Defendant( s).
)
)
) NO. 06-7273
)
)
)
)
)
)
)
CAPITAL ONE BANK
Plaintiff,
v.
MARK L GEWISS ,
NOTICE OF ORDER,
DECREE OR JUDGMENT
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Par
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 COUN Y,
PENNSYL VANIA
CAPITAL ONE BANK, )
)
Plaintiff ) NO. 06-7273
)
v. )
)
MARK L GEWISS , )
)
Defendant( s) )
)
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant
You are h
against you on
n tified that the following Order, Decree, or Judgment has en entered
( ) 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$I,I13.60, plus cost.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's lice se wil be
suspended by the Department of Transportation.
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If you have questions concerning the above, please contact:
Name of Attorney: GREGG L. MORRIS, ESQUIRE
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675