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HomeMy WebLinkAbout08-3334I M Uf rtnNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. Dg-333q GiW(Term NOTICE OF APPEAL R led 5)&91o&,. 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. Portfolio Recovery Associates 140 Corporate Boulevard Norfolk VA 23502 UA I t UI- JUUGMtN I IN THE CASE OF (Plaintiff) (Defendant)' 5-9-08 Portfolio Recovery Associates LLC V5 Brian S Boughter A CV-601-07 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy 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. 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) Charles A. Clement, JR 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 attomey 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 JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 s? D G al F F CID ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 PORTFOLIO RECOVERY ASSOC. LLC C/O BURTON NEIL 1060 ANDREW DR, STE 170 HEST CHESTER, PA 19380 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT 1 ! L ?L NOTICE OF JUDGMENT/TRANSCRIP T CIVIL CASE PLAINTIFF: NAME and ADDRESS FPORTFOLIO RECOVERY ASSOC. LLC C/O BURTON NEIL 1060 ANDREW DR, STE 170 PST CHESTER, PA 19380 J VS. DEFENDANT: NAME and ADDRESS rBOUGHTER, BRIAN S 5 UMMBERTO ST NEW CUMBERLAND, PA 17070 L J Docket No.: CV-0000601-07 Date Filed: 12/28/07 ,r (Date of Judgment) 5/09/08 T Judgment was entered for: (Name) BOIIGHTER, BRIAN S 71 Judgment was entered against: (Name) PORTFOLIO RECOVERY ASSOC. LLC in the amount of it • 0 F1 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time R 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 $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .0111) Total $ .00 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 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. MAY - 9 2008 Date I certify that this is a true and correct copy of the record of the p Date My commission expires first Monday of January, 2014 , Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 5/12/08 3:19:00 PM Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attnrna,3i fnr Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC P.O. Box 12914 Norfolk, VA 23541 Plaintiff V. BRIAN S BOUGHTER 5 Umberto Street New Cumberland PA 17070-2625 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q$ - 333y CIJi L Teroi CIVIL ACTION - LAW Complaint - Notice 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 (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 claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 77002 -W M Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES,LLC; P.O. Box 12914 Norfolk, VA 23541 Plaintiff V. BRIAN S BOUGHTER 5 Umberto Street New Cumberland PA 17070-2625 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. dP - 3J3`1 .@ ? CIVIL ACTION - LAW Complaint 1. The plaintiff is Portfolio Recovery Associates, LLC, with place of business located at P.O. Box 12914, Norfolk, VA. 2. The defendant is Brian S Boughter, who resides at 5 Umberto Street, New Cumberland, Cumberland County, Pennsylvania. 3. A Providian National Bank credit card was issued to the defendant with account number 4559540700781448 hereinafter referred to as the credit card account. 4. Defendant accepted the credit card by making purchases, balance transfers and/or cash advances. 5. Monthly statements were sent to defendant each month which detailed the charges and credits made to the credit card account for the prior month. 6. The balance due on the credit card account is $6,627.79. 7. Defendant did not pay the balance due on the credit card account in full upon receipt of the monthly billing statements and also did not make the required minimum monthly payment set forth in the monthly billing statement. As such, defendant is in default on the credit card account. 8. Plaintiff purchased defendant's account and is now the holder and owner of the account. 9. Although demand was made by plaintiff upon defendant to pay the sum of $6,627.79, defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against defendant in the sum of $6,627.79 and the costs of this action. Burton Neil & As ociajes, P.C. By: Bri J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Verification Brit J. Suttell, Esquire, attorney for plaintiff, Portfolio Recovery Associates, LLC, makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Counsel, rather than an officer or other representative of plaintiff is verifying the foregoing complaint because plaintiff's officers and/or representatives are outside the jurisdiction of the court and the verification of none of them could be obtained within the time required to file this pleading. Plaintiff's counsel is verifying plaintiff's complaint based upon information and belief from information in his file. Date: ZD 4" f? ?6rit J. uttell, Esquire 3 a 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 CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No. 08-3334 Civil Term, upon the Magisterial District Judge designated therein on (date of service) June 4, 2008, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Brian S Boughter, on June 4, 2008 ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN)-(AFFIRMED ND SUBSCRIBED BEFORE ME THIS *- DAY OF 20 Of ?. Sign tune of official before whom affidavit was made Burton Neil, Esquire makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities NOTARIAL SEAL MARSHA A. FRANK Notary Public WEST CHESTER BOROUGH. CHESTER COUNTY My Cornmiaalon EXON Jul 14, 2006 M ..D Ln Postage $ ru Certified Fee rq ftletum Receipt Fee C (Endore ement Requred) C3 Resrictsd Delivery Fee (Endorsement Required) I3 ru . Total Postage & Fees ; M Postmark Here ecq5q r%- • r., EmEwmas -r For Aw?very information visit our vve' 0 ml OFF I C to Postage $ IL certified Fee r-1 Fee R I'- ut O ired) er t F1 (Endme ore O Restricted Delivery Fee (Endorsement Required) O ru r3 Total Postage & Fees m Senr o ?1?dL a--ux --- Ui.-L D --------- --- r%- 1 C3 sheet o C3 C3 E Postmark Here r: , rr -'7 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. BRIAN S BOUGHTER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3334 Civil Term CIVIL ACTION - LAW Affidavit of Service COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER Burton Neil, ESQUIRE, being duly sworn according to law, deposes and says: 1. That heis attorney for Plaintiff in the above captioned action in the Cumberland County Court of Common Pleas; 2. That on June 9, 2008 he served Plaintiff's complaint on Defendant by certified mail, return receipt requested; 3. That attached hereto marked Exhibit 1 and incorporated herein by reference is a true and correct copy of the return receipt card; 4. That this Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. DATED: ?Vto In making this communication, we advise that this office is a debt collector. ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • P i ,,,) ? IN © ent nt your name and address on the reverse r crosses so that we can return the card to you. 8 Received *" C. I W:*, of D6 ¦ Attach this card to the back of the rnalipiece, eIA.e M ?? r or on the front N space permits. 1. Article Addressed to: 0. Is delivery address dMvent from loam 1? if YES, enter delivery address below. O Yes 0 No bv?an ? " r ? 1 t 3?J CwtNfed MaACi Mtli ? R"Wered A%Wm gsm" to Maid ondiss D insured Mail D C.O.D. 4. Restricted D*my? (Extra fW ? Yes (ATnrtisrcleticfer Number MbeQ 7007 3020. sarvtce aaa1._.2563 0417- - r PS Form 3811, February 2004 Dom;esUc rAaU n Receipt tttzc o2 to ts?11 EXy181-r i-? v2 c A) ?G 0"1 PORTFOLIO RECOVERY ASSOCIATES, P.O. Box 12914, Norfolk, VA 23541 Plaintiff V. BRIAN S BOUGHTER 5 Umberto Street New Cumberland PA 17070-2625 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3334 Civil Term : CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $6,627.79 $6,627.79 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTIC GIVEN UN ER PA.R.CIV.P. 236 P Prothonot Burto & Associates, P.C. By -?-° Burton Neil, Esquire Attorney for Plaintiff I.D. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. 77002 PORTFOLIO RECOVERY ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 08-3334 Civil Term BRIAN S BOUGHTER Defendant CIVIL ACTION -LAW Notice of Intention to File Praecipe for Default Judgment TO: Brian S Boughter 5 Umberto Street New Cumberland PA 17070-2625 IMPORTANT NOTICE 77002 You are in default because you have failed to enter a written appearance personally 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 (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 7I7-249-3166 or 800-990-9108 DATE OF NOTICE: July 3, 2008 In making this communication, we advise our office is a debt collector. Burton Neil ssociates, P.C. By: B ? , sq tr Attorney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 ?+k o 0 3 ? tN 9 rFL r t:7 I%b Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, Plaintiff V. BRIAN S BOUGHTER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3334 Civil Term : CIVIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 7 dl OS Arothonot By: Deputy If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN S BOUGHTER NO. 08-3334 Civil Term Defendant : CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied on payment of your costs only. Burtgrr°Ne' & ssociates, P.C. 'ra_B y: Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 77002 ? N cli