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HomeMy WebLinkAbout07-0882TH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 -7 - 91'.1 c1J( NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. I?I?MC Vr ArrCLLNIY I MAG. DIST. NO. NAME OF D.J. 09-3- 0 3 St(uri tk rSAY ADDRESS OF APPELLANT CITY S TE ZIP CODE Z / 5? r'eZ ?fl?l?S ?? 7.32 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (pafanda,k)1-2.2-07 _J mmin e- 6D vs `TRH h_- A.Z1,1 C!/- 00o03G8-06 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy E If (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary "'f i-i Enter rule upon L_ Oa ppellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. O 7 -? ?? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature appellant or attorney or agent RULE: To Ayq%-v\-K 1 L , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: F" /6- , 2007 Sign ure of Prothonotary or e YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF_OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Title of official My commission expires on '20 m, fT Signature ofafhant 0 tV PA ca CT a 74 a rQMMONWEALTH OF PENNSYLVANIA i r:nl INTY nF• CUMBERT'L11D Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r_JK 0tPC CO, ASSIGNEE-HOUSEHOLD BANe 221 EAST MARKET ST P.O. BOX 832 LCLEABFIELD, PA 16830 J VS. DEFENDANT: NAME and ADDRESS 51OLF, TERRY 8 ? 283 FROST BD GARDNERS, PA 17324 L -? Docket No.: CV-0000368-06 Date Filed: 1/18/06 MDJ Name: Hon. SUSAN X. DAY Address: 229 KILL ST, BOX 167 NT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 TERRY Z. WOLF 283 FROST BD GABDNERS, PA 17324 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT 0 DST PLTF 1/22/07 Judgment was entered for: (Name) JOWC CO, ASSIGNEE-HOUSEHOLD ® Judgment was entered against: 1 (Name) 1687 WOLF, TERRY E in the amount of $ ' Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 ? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,094.26 Judgment Costs $ 74.55 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,168.76 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ' I certify that this is a true dopy of the reco d of Date "(Date of Judgment) J , Magisterial District Judge proceedings containing the judgment. My commission expires first Monday of January, 2010 , Magisterial District Judge -4 SEAL AOPC 315-06 DATE PRINTED: 1/24/07 9:53:00 JIM 0 7-W-*;)- N o rT r ? r'r'i 0 - ` - Xr- r PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN Q (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable COMMONWEALTH OF PENNSYLVPIA COUNTY OF C-'LI oibe f /4!A&% ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on y (certified) (registered) mail, b (date of service) j"Z 20? by personal 7ie sender's receipt attached hereto, and upon the appellee, (name) f A Y,4= on 20 '% ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) ANUUBSCRIBED BEFORE ME T DAY OF at 2067. ure of cial before whom affidavit was made MOfMNiI oft Title of official "MV RAIM My commission expir 1AV C011N111NiQn Et [pa Be FQb 19. 2010 Signature of affiant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. N~C Ur At- t=LP1V a MAG. DIST. NO. NAME OF D.J. ? ZS? • ARV . `A ?''? ?/ I ? y?' 17 D 7E OF JUDGMENT 7 I T HE CASE 1 IA C- VV (//` 'xx if 4. (Detends?f)ri A11 its block will be siqned ONLY when this notation is R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. appellant was Claimant (see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. signature of Adhonotery or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary '°(O-1 Enter rule upon Ur nrreLuw I UK Ae I Unntrr UK AUM I „? fv\m f'% F c. CUappellee(s), to file a complaint in this appeal Name of appeftee(s) (Common Pleas No. 0 Wt;L within twenty (20) days after service of rule or suffer entry of judgment of non pros. r- Slgna f appellant or attorney or agent RULE: To STAVr V' appellee(s) Name ofappellee(s) (1) You amnoti#ied That a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you byperso}ial service or by certified or registered mail. Py If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. 0-The date of service of this ru)s if service was by mail is the date of the mailing. , f -. Date;- , 20 0 7 . -ed IN-ea S! ure of Prothonotary YOLkMUST INCLUDE;AVOPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WNITF - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JMMMPC COMPANY, Assignee from CIVIL DIVISION Household Bank, Plaintiff No. 07 - 882 Civil Vs. TERRY E. WOLF, Defendant COMPLAINT Filed on Behalf of: Plaintiff, JMMMPC COMPANY Counsel of Record for This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. I.D. #06810 COLAVECCHI & COLAVECCHI 221 East Market Street P.O. Box 131 Clearfield, PA 16830 814/765-1566 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JMMMPC COMPANY, Assignee from Household Bank, Plaintiff VS. TERRY E. WOLF, Defendant NOTICE You have been sued in Court. 07 - 882 Civil 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 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 717/249-3166 or 800/990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JMMMPC COMPANY, Assignee from Household Bank, No. 07 - 882 Civil Plaintiff vs. TERRY E. WOLF, Defendant COMPLAINT 1. Plaintiff is JMMMPC COMPANY, a corporation organized and Iexisting under the laws of the Commonwealth of Pennsylvania having lits principal office at 221 East Market Street, Clearfield, Pennsylvania 16830, which is assignee from Household Bank. 2. Defendant is Terry E. Wolf, an adult individual, who (resides at 283 Frost Road, Gardners, Pennsylvania 17324. 3. An account payable was made and stated between Household Bank and Defendant based on an account in writing arising out of the use of Credit Card No. 5407915002347761 issued by Household Bank for Defendant's use. 4. A copy of the account is in the possession of Defendant LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA and was accepted by Defendant and retained without objection in whole or in part to any item being made. The amount owed to Household Bank as of September 1, 2004, is $1,094.26 to which interest would be added from that date, said statements concerning the account having been mailed to the Defendant on a monthly basis and are in his possession. 5. A copy of the account terms is in the possession of Defendant and it was accepted by Defendant and retained without objection in whole or in part to any item being made. 6. Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 7. Defendant is indebted to Plaintiff in the amount of $1,094.26, plus interest and costs. 8. Plaintiff has made demand upon Defendant for said sum and no part has been paid as of the date of the filing of this Complaint. WHEREFORE, Plaintiff demands that judgment be entered in favor of Plaintiff, JMMMPC Company, and against Defendant in the amount of $1,094.26, plus interest and costs, and any other such relief as this Court deems reasonable and just. JOSE COLAVECC ES UIRE Attorney and Agent for Plaintiff LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA 2 VERIFICATION I, JOSEPH COLAVECCHI, ESQUIRE, declare that I am the attorney and agent of JMMMPC COMPANY, Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing Complaint and know the contents thereof and that the same is true of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. JO PH OLAVECCHI LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 191 CLEARFIELD, PA 1 ,'?. J SHERIFF'S RETURN - REGULAR CASE NO: 2007-00882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JMMMPC CO VS WOLF TERRY E MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOLF TERRY E the DEFENDANT , at 1858:00 HOURS, on the 9th day of March 2007 at 283 FROST ROAD GARDNERS, PA 17324 TERRY E WOLF by handing to 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 18.00 Service 8.64 Postage .39 Surcharge 10.00 .00 3Id-G,/67 3 7. 0 3 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/12/2007 JMMMPC COMPANY By: ice' ` /l l / /ri puty Sherif of A. D.