HomeMy WebLinkAbout07-0148
GREGG 1. 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. 07 - ILJP
)
)
)
)
)
)
)
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v.
DIANE E MCDONOUGH,
Defendant( s).
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
CAPITAL ONE BANK,
Plaintiff
Counsel of Record for This Party:
Gregg 1. 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.
DIANE E MCDONOUGH,
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 ALA WYER, TIDS OFFICE MAYBE
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. o7-llIY ~ ~
)
)
)
)
)
)
)
v.
DIANE E MCDONOUGH,
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 DIANE E MCDONOUGH, an adult individual, believed to
currently reside at 132 W HIGH ST APT 1 , CARLISLE, P A 170132911.
3. Defendant(s) obtained extensions of credit on the following open ended credit
card account issued by CAPITAL ONE BANK being Account No. 4862362513153083 ,
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$839.98, 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$839.98, plus interest as attached hereto, with continuing interest thereon at
the legal rate from the date of Judgment plus costs.
Respectfully Submitted;
Patenaude & Felix, A.P.e.
?~2. 31&'3 PIt
STATE OF GEORGIA
COUNTY OF GWINNETT
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, MCDONOUGH, DIANE E is/are justly indebted
to CAPITAL ONE BANK in the sum of$1105.14 Dollars as of 10/05/2006 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.
Affi#ttIU~
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.
~t;'~ n2~ --LL,_
Nota ublic
My commission expires on
MYRA PRINDLE
Notary Public
Gwinnett County Georgia
My Commission Expires July 31st 2009
A144
PATENAUDE & FELIX, A.P.C
4862362513153083
E,/hlb,'t '/1l(
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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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
CAPIT AL ONE BANK
Defendant( s).
)
)
) NO. 2007-148
)
)
)
)
)
)
)
Plaintiff,
v.
DIANE E MCDONOUGH,
PRAE CIPE 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,
PENNSYLVANIA
CAPITAL ONE BANK,
Plaintiff
)
)
) NO. 2007-148
)
)
)
)
)
)
)
v.
DIANE E MCDONOUGH,
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 August 04, 2005
Attorney's fees
TOTAL
$839.98
$346.59
$0.00
$1,186.57
With continuing interest on the principal amount of $1,186.57, 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.
G . RE
atenaude & 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 ONE BANK,
Plaintiff
)
)
) NO. 2007-148
)
)
)
)
)
)
)
v.
DIANE E MCDONOUGH,
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), DIANE E MCDONOUGH, 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.
SwornJ.o and subs~bed before me
this~dayof ~rV~ 20 n,
~'V\ . ~
Notary Public
NOTARIAl. SEAl..
ERIN N BAlTZell
Notary Public
CARNEGIE BOROUGH, ALLEGHENY COUNlY
My Commission expires Jul 21, 20 J 0
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. 2007-148
)
)
)
)
)
)
)
v.
DIANE E MCDONOUGH,
Defendant(s).
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,
PENNSYL VANIA
CAPITAL ONE BANK,
Plaintiff
)
)
) NO. 2007-148
)
)
)
)
)
)
)
v.
DIANE E MCDONOUGH,
Defendant( s)
To: DIANE E MCDONOUGH
132 W HIGH ST APT 1
CARLISLE, P A 170132911
Date of Notice: January 31, 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 mDGMENT 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
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:
DIANE E MCDONOUGH
132 WHIGH ST APT 1
CARLISLE, PA 170132911
s, EsqUlr
de & Felix, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Date: January 31, 2007
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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
Defendant( s).
)
)
) NO. 2007-148
)
)
)
)
)
)
)
Plaintiff,
v.
DIANE E MCDONOUGH,
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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 2007-148
)
)
)
)
)
)
)
CAPITAL ONE BANK,
Plaintiff
v.
DIANE E MCDONOUGH,
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant
You are h~eItified that the following Order, Decree, or Judgment has been entered
against you on I/o '-D07
,
( ) 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 $1,186.57, plus cost.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) Ifnot 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
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00148 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
MCGONOUGH DIANE E
SHARON LANTZ
/ Sheriff or Deputy Sheriff of
Cumberland County/Pennsylvania/ who being duly sworn according to law/
says/ the within COMPLAINT & NOTICE
was served upon
MCDONOUGH DIANE E
the
DEFENDANT
/ at 1146:00 HOURS/ on the 10th day of January / 2007
at 132 W HIGH STREET APT 5
CARLISLE/ PA 17013-2911
by handing to
DIANE MCDONOUGH
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
Sworn and Subscibed to
18.00
4.40
.00
10.00
.00 (
32.40
All. ()~
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~~~
R. Thomas Kline
01/12/2007
PATENAUDE & FELIX
day
before me this
of
A.D.