The URL can be used to link to this page

Home My WebLink About07-5697cnnnMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT NOTICE OF APPEAL iV 1 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ CSGA LLC 09-3-03 Susan K Day ADDRESS OF APPELLANT CITY STATE ZIP CODE 2200 Fletcher Avenue, 5th Floor Fort Lee NJ 07024 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 8/30/07 CSGA, LLC V5. Barbara Hoffman No. CV-0000224-07 This block will be signed ONLY when this notation is requlrea unaer ra. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. COMMON PLEAS No. b7 - was Claimant (see Pa. R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. NOTICE OF APPEAL AOPC 312-05 T ; Mag. Dist. No.: 09-3-03 ,MDJName: Hon. SUSAN E. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 COMMONWEALTH OF PENNSYLVANIA r.ni INTY OF- CUMBERLAND ATTORNEY FOR PLAINTIFF : JORDAN N. FELZER 3 NESHAMENY INTERPLEX #30 TREVOSE, PA 19053 THIS IS TO NOTIFY YOU THAT: FOR DEFENDANT Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time F This case dismissed without prejudice. El 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 $ .00 Judgment Costs $ .00 Interest on Judgment $ .06 Attorney Fees $ Total $ .00 Post Judgment Credits $ Post Judgment Costs $ I 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 JUDGMENTRRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT 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 d co Date IVlanistarial'L°Itrrstrict Judge proceedings col"Itaining thQ judgment. N(agisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 8/30/07 10:36:00 AM NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FCSGA, LLC C/O BRONSON & MIGLIACCIO? 3 NESHAMINY INTERPLEX 301 TREVOSE, PA 19053 L J v8. DEFENDANT: NAME and ADDRESS rHOFFMAN, BARBARA 1402 BRADLEY DRIVE APT/STE 113 CARLISLE, PA 17013 L J Docket No.: CV-0000224-07 Date Filed: 6/07/07 (Date of Judgment) 8/30/07 HOFFMAN, BARBARA CSGA, LLC C/O BRONSON & MIGLIA copy of the reco d of the G n -0 00 00 a a 00 CA 0 rn r 70 K I G^ 7 --r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CSGA, LLC CIVIL ACTION - LAW 2200 Fletcher Avenue, 51h Floor Fort Lee, NJ 07024 Plaintiff : NO. 07-5697 V. Barbara Hoffman 1402 Bradley Drive Carlisle, PA 17013 Defendant NOTICE TO DEFEND YOU have been sued in Court. If you wish to defend against the claim 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE 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, PA 17013 (717) 249-3166; (800) 990-9108 Jordan W. Felzer, Esquire ttorney ID # 38670 jfelzer@lobmlaw.com Three Neshaminy Interplex, Suite 301 Trevose, PA 19053 Telephone (800) 834-4066 CIVIL ACTION - COMPLAINT Plaintiff, CSGA, LLC, as Assignee of FIRST USA BANK, by and through its attorneys, Bronson and Migliaccio, LLP, represents as follows: 1. Plaintiff, CSGA, LLC, is a limited liability company organized and existing under the laws of the State of New York with a principal place of business at 2200 Fletcher Avenue, 5th Floor, Fort Lee, NJ 07024. 2. Defendant, Barbara Hoffman, is an adult individual residing at 1402 Bradley Drive, Carlisle, Pennsylvania 17013 3. Plaintiff, CSGA, LLC purchased certain accounts by which it is the lawful successor in interest to FIRST USA BANK , and thereby possesses all rights pertaining thereto, including all rights to an account belonging to Defendant, as more specifically described below. COUNT I - BREACH OF CONTRACT CSGA, LLC v. Barbara Hoffman 4. Defendant utilized an extension of credit made available by FIRST USA BANK, bearing account 5417116798945945, whereby Defendant would from time to time be advanced credit for purchases or expenditures in exchange for the promise to repay funds so utilized at an agreed upon rate of interest. All of the above was done at the specific request therefore by the Defendant. 5. There is a principal balance due and owing on the account in the amount of $3,813.03 plus accrued interest. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 6. There is an interest balance due and owing on the account in the amount of $2,802.58. A statement of account is attached hereto and marked as Exhibit "A" and is incorporated herein by reference. 7. Plaintiff has made demand upon the Defendant for payment. More specifically, a written demand was made at least thirty (30) days prior to the filing of this Complaint. 8. Defendant is in breach of the terms of the agreement for the extension of credit and has neglected and refused to pay the outstanding balance. No recent payments have been received on the account. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Barbara Hoffman, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $3,813.03, plus; b. Interest accrued in the amount of $2,802.58; C. Costs and interest at the legal rate; or d. For such other and further relief as this Court deems just and proper. COUNT II - UNJUST ENRICHMENT CSGA, LLC v. Barbara Hoffman 9. Plaintiff hereby incorporates paragraphs one through eight above as though more fully set forth at length hereinafter. 10. The principal balance of $3,813.03 represents the reasonable value of goods and services, the benefit of which is inured to the Defendant at the expense of FIRST USA BANK, creating an equitable claim which Plaintiff now holds as successor in interest. 11. The balance of $2,802.58 represents interest accrued as of the date of this filing. WHEREFORE, Plaintiff CSGA, LLC respectfully requests judgment against the Defendant, Barbara Hoffman, in an amount not exceeding the limits for mandatory arbitration, as follows: a. The principal sum of $3,813.03, plus; b. An amount of interest on the principal balance equal to the legal rate and running from the date the account was closed by the Original Creditor until present, representing the time-value of money on the credit extension utilized by the Defendant. C. Costs and interest at the legal rate going forward from today; or d. For such other and further relief as this Court deems just and proper. BR F& MIGLIACCIO, LLP Att neys for Plaintiff By: Jordan W. Felzer, Esq., ID# 38670 jfel er@lobmlaw.com Three Neshaminy Interplex Suite 301 Trevose, PA 19053 (800) 834-4066 ACCOUNT#: 13451143060308514 Forwarder: CSGA, LLC Acct#: 5417116798945945 ACCOUNT INFORMATION REPORT FINANCIAL Original Creditor: FIRST USA BANK Debt Type: CC STATUS: LEGAL Assigned to: LPAVANCUREN Placement 03/16/2006 $3,813.03 Last Payment $0.00 Principal $3,813.03 Interest $2,802.58 Attorney $0.00 Court $204.75 WIP# Days Left Misc $0.00 0 0 BALANCE $6,820.36 Personal Information Debtor 1 First MI Last Name BARBARA D/MS HOFFMAN Address 1402 BRADLEY DRIVE APT 113 City CARLISLE ST PA Zip 17013 Country Province Work Tel (717)243-1049 Home Tel (71 7)240-0426 Ext Fax SS# 195-32-0667 Driver's License # DOB State Spouse Bank and Asset There is no bank information on this account. Debt Service Provided CREDIT CARD Placement Breakdown Principal $3,813.03 Awarded Int Attorney Fees Court Costs Misc Costs Accrued Int $2,802.58 Total Placement $3,813.03 Original Loan Terms Contract Date Number of Payments Interest Rate % 0.25 Collateral Debt Type Credit Cards Last Payment Date 03/16/2003 Last Payment Amount Last Charge Date Last Charge Amount Original Loan Amount Amount of Payments Serial/Vin Number Page 1 of 1 10/09/2007 11:19:33 r Aa VERIFICATION 1, Jeremy Hanauer, in my capacity as a Corporate Officer of CSGA, L.L.C., verify that the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge information and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 1 d - I -01 CSGA, LLC r? CA ? t" 1*0 Postal ca `.a Only, (Domestic Mail Provided) n-• n-• _n rU Postage $ C3 C3 Certified Fee Postmark C] Return Redept Fee (Endorsement Required) Here C3 C] Restricted Delivery Fee (Endorsement Required) Ln C] Total Postage & Fees $ 11t `l 1 l r, ,_ _i1 ri M C3 nt To Y1V J ' -- ' ---- - ? _ r`- -o --- ------- ---- _ 4 " n' - t - ree or or POI3oxo.oxNo. - -- - - - ? - ?J ?.1 - -° --°---- --+-- - ciiy,sure:ziwa1M --L---- V611t 1 COVI1017 VP' 1-7 6(aS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served In . 1 • Q-' Er OFFI CIAL USE ..n rU Postage $ C3 C] Certified Fee M Return R- 4 Fee (Endorsement Required) PO Here Hare M Restricted Delivery Fee C] (Endorsement Required) u) C] Total Postage & Fees $ M p sent To -b!`! 111 1 ------ - - or PO Box No. () -. ? ------------------ ' ------------------------------ ``UU its yn 'PE - crry, crate, zI (1 • l °- - - I C W l- -- - -- Q 'AF PS Form :3800 June 2002 S ee Reverse for Instructions , ® a copy of the Notice of Appeal, Common Pleas No. 07-5697 , upon the Magisterial District Judge designated therein on (date of service) OCTOBER 2, 2007, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) BARBARA HOFFMAN, on OCTOBER 2, 2007 ?by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWOR ) (9FFIRMED) AND U CRIBED BEFORE ME THIS - DAY OF 20 0 V I F official before whofyaffid*?t was made )MMONWEALTH OF PENNSUVANIA NOTARIAL SEAL ELIZABETH A. LOWRY, Notary Public Bensalem Twp., Bucks County My Commission Expires June 21, 2010 Title of official (?- My commission expires on '? / )20 16 PRDAN W. FELZER, ESQUIRE ORONSON & MIGLIACCIO, LLP 3 NESHAMINY INTERPLEX, #301 TREVOSE, PA 19053 AOPC 312A - 05 C? a Q Cs -TI i I'D c-n cz) CSGA, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5697 CIVIL ACTION -LAW BARBARA HOFFMAN ANSWER TO COMPLAINT AND NOW, comes Barbara Hoffman, by and through her counsel, Karl E. Rominger, Esquire, and in support of her Answer to Complaint, avers as follows: 1. Admitted. 2. Admitted. 3. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. COUNT I - BREACH OF CONTRACT CSGA, LLC v. BARBARA HOFFMAN 4. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 5. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 6. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 7. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 8. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. COUNT U - UNJUST ENRICHENT CSGA. LLC v. BARBARA HOFFMAN 9. No answer needed. 10. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 11. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. Respectfully Submitted, Rominger & Associates 1 Date: April 16, 2008 Y&I E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant CSGA, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5697 CIVIL ACTION -LAW BARBARA HOFFMAN CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Answer to Complaint upon the following by depositing the same in the United State Mail, First Class, postage pre-paid, at Carlisle, addressed as follows: Jordan W. Felzer, Esquire Three Neshaminy Interplex, Suite 301 Trevose, Pennsylvania 19053 Respectfully Submitted, Rominger & Associates Date: April 16, 2008 jrl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant C) ^? ?•?? C7 ?.? -rt --- ---i ?: ??i ?, ?.e 4 _ r?, ?_,- 'r,. _? _. C _?, r,,., --c