HomeMy WebLinkAbout07-0147
,
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. O~ - 1"7
)
)
)
)
)
)
)
~lu~L I~
v.
KENNETH R GOFF,
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,
PENNSYL VANIA
CAPITAL ONE BANK, )
)
Plaintiff, ) NO.
)
v. )
)
KENNETH R GOFF, )
)
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 TIDS 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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK,
Plaintiff
)
~ NO. () 7. /1/1 ~ 7i:-.
)
)
)
)
)
)
)
v.
KENNETH R GOFF,
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 KENNETH R GOFF , an adult individual, believed to currently
reside at 121 OLD MILL DR, CAMP HILL, PA 170118206.
3. Defendant(s) obtained extensions of credit on the following open ended credit
card account issued by CAPITAL ONE BANK being Account No. 5291151746163409 ,
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 $898.84, 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$898.84, plus interest as attached hereto, with continuing interest thereon at
the legal rate from the date of Judgment plus costs.
Respectfully Submitted:
"
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STATE OF GEORGIA
COUNTY OF GWINNETT
Personally appeared before me MAISHA DAVIS, 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, GOFF, KENNETH R is/are justly indebted to CAPITAL ONE
BANK in the sum of$1159.54 Dollars as of 07/25/2006 with 26.74% 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 6th day of September, 2006.
.-t.~~ '-.:S
Affiant
Taken, subscribed and sworn to before mHennerson W M.cKen:zie II
Notary Public in and for the City/County and State aforesaid, in my City/County
aforesaid this 6th day of September, 2006.
p~tJ~~
Notary Public
My commission expires on
Henderson W. McKenzie II
Notal y Pl:Jblic, GVvinnett County, Georgia
My Commission Expires August 2, 2010
A144
PATENAUDE & FELIX, A.P.C
5291151746163409
E)<'h/b,'-t ''/Itf
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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.
L. orris, Esquire
atenaude & Felix, A.P.C
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Date:
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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).
)
)
) NO. 2007-147
)
)
)
)
)
)
)
CAPITAL ONE BANK
Plaintiff,
v.
KENNETH R GOFF,
PRAECIPE FOR
DEFAULT JUDGMENT
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,
PENNSYL VANIA
CAPITAL ONE BANK, )
)
Plaintiff ) NO. 2007-147
)
v. )
)
KENNETH R GOFF, )
)
Defendant( s) )
)
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter ajudgment against the Defendant(s), above named, for failure to file an Answer
to Plaintiff's complaint.
Amount claimed in Complaint
Interest from June 24, 2005
Attorney's fees
TOTAL
$898.84
$394.44
$0.00
$1,293.28
With continuing interest on the principal amount of$I,293.28, 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
Defendant(s) and Defendant(s) counsel (ifknown), after the default had occured and 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 COUNTY,
PENNSYLVANIA
CAPITAL ONE BANK, )
)
Plaintiff ) NO. 2007-147
)
v. )
)
KENNETH R GOFF, )
)
Defendant( s) )
)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(b)
COMMONWEALTH OF PENNSYLVANIA )
)
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(s), KENNETH R GOFF, is not in
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 Judgment was mailed in accordance with Pa.R.C.P.
237.1, as evidenced by the attached copy.
G S, SQlITRE
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
this_day of 20_,
Notary Public
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. 2007-147
)
)
)
)
)
)
)
CAPITAL ONE BANK
Plaintiff,
v.
KENNETH R GOFF,
IMPORTANT NOTICE
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. 2007-147
)
v. )
)
KENNETH R GOFF, )
)
Defendant( s) )
)
To: KENNETH R GOFF
3329 MARKET STRETT 2ND FL. FRONT
CAMP HILL, P A 17011
Date of Notice: February 02,2007
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PEROSONALL Y 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 MAYBE 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 ELIGIDLE 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
By: !
G~ L. MORRIS, ESQUIRE
at aude & Felix, A.P.c.
E. Main Street
Carnegie, PA 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:
KENNETH R GOFF
3329 MARKET STRETT 2ND FL. FRONT
CAMP HILL, P A 17011
Date: February 02, 2007
/Cregg L. Morris, Esquire
Patenaude & Felix, A.P.c.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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. 2007-147
)
)
)
)
)
)
)
CAPITAL ONE BANK
Plaintiff,
v.
KENNETH R GOFF,
NOTICE OF ORDER,
DECREE OR JUDGMENT
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. 2007-147
)
v. )
)
KENNETH R GOFF, )
)
Defendant( s) )
)
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant
You are h~ ~tified that the following Order, Decree, or Judgment has been entered
against you on I '- l.t5~
t
( ) 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$1,293.28, 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 license wil be
suspended by the Department of Transportation.
Prothonotary
Byf~
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
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00147 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
GOFF KENNETH R
SGT DAVID ZEIGLER
/ Sheriff or Deputy Sheriff of
Cumberland County/Pennsylvania/ who being duly sworn according to law/
says/ the within COMPLAINT & NOTICE
was served upon
GOFF KENNETH R
the
DEFENDANT
/ at 1035:00 HOURS/ on the 12th day of January / 2007
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE/ PA 17013-8206
by handing to
KENNETH R GOFF
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Additional Comments
121 OLD MILL DRIVE IS MOTHER'S ADDRESS. DEFENDANT'S IS
3329 MARKET STREET 2ND FLOOR FRONT CAMP HILL/ PA 17011
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So Answers:
Sworn and Subscibed to
18.00
13.20
5.00
10.00
.00 I
46.20if
1-J.q.01
o~~
~~~~~
R. Thomas Kline
day
01/12/2007
PATENAUDE & FELIX
By: /21('7- /
neput! S~iff
before me this
of
A.D.