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Home My WebLink About04-1683COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT 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 mentioned behove. CV LT This black will be signed ONLY when this notation is required under Pa. R.C.P.J.P. Nb ] 008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case If appel/ant was CLAIMANT (see Pa. R,C.P.J.P. No. 1 O01 ( 6 ) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o/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.J.P. 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 Enter rule up<~ (Common Pleas ~ , appellee(s), to file a complaint in this appeal N~ne of appel~e(s) ) within twenty (20) days after service of rule o~ suffer entry of judgment of non pros. RULE: To , appdlee(s), ~ ot al~e/Xee(s) (1) You am 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 up<m 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-1-01 CF. ARLES A. CLEMENT, OR. Address: 400 BRIDGE STREET OLDE TOW-NE COMMONS -SUITE 3 NEW CUMBERI~/~D, PA T~,p,one~ (717) 774-5989 17070 ATTORNEY FOR PLAINTIFF : RON Z. OPHER, ESQ P.O. BOX 2245 SOUTHEASTERN, PA 19399 TIllS IS TO NOTIFY YOU THAT: -- Qhd~ment: ~ Judgment was entered for: (Name) ~'~ Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINT;FF: NAME and ADDRESS [-MAY DEPT STORES/DBA: HECHT ' S ~ RON OPHER, ESQ 111 BOULDER INDUSTRIAL DR ~RIDGETON, MO 63044 ~ VS. DEFENDANT: NAME ~nd ADDRSSS [-MAN'BURGER, JESSICA L 'q 223 RENO STREET NEW CUMBERLAND, PA 17070 Docket No.: CV- 0000636- 03 Date Filed: 12/09/03 FOR DEFRNDANT in the amount of $ . OD on: (Date of Judgment) ~-~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ~-~ Portion of Judgment for physical damages arising out of residential lease $ Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. (Date & Time) Amount of Judgment $ .0 0 Judgment Costs $ .0 0 Interest en Judgment $ .0 0 Attorney Fees $ .0 0 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 aY 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 DISTRICT JUSTICES, 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 EURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED I? THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEB~OR ~,Y~ FUL~ L, SETTLES, OR OTHERWISE COMPLiES WITH THE JUDGMENT, ~ .. . ~ ; '~ ~ ' Date . . : ,: ., D~sjri;~t Justice J certify that this is a true and correct copy of the record of the proceedings con~i6~ng ?e judgment. Date ',, District Justice My commission expires first Monday of January, 2008 . AOPC315-03 DATE PRINTED: 3/23/04 8:56:28 AM SEAL Ron Z. Opher, Esquire Attorney for Plaintiff Attomey~57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 THE MAY DEPARTMENT STORES d/b/a Hecht's 111 Boulder Industrial Dr. Bridgeton. MO 63044 Plaintiff JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW COMPLAINT - CIVIL ACTION NOTICE TO DEFEND AVISO 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 an 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 clabned in the complaint or for any other Le hah demando a usted en la cone. Si usted quiere defenderse de estas demandadas exl~uestas en las paginas siguentes, usted tiente veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita on en persona o con un abogado y entregar a la corte enfonna escritas sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defendc, la corte t?nara (nediqas y puede confinuar la demanda en contra suya s~n prevm awso o notification. Adelnas, la corte puede decidir a favor del demandante y requiem que usted cumpla con todas las provlsiones de esta demanda. Usted puede perdes dinero o clai~n or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes para usted. lose money or property or other rights important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUYA DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave ASSOCIACION DE LICENCIADOS DE CUMBERLAND Carlisle, PA 17013 2 Liberty Ave (717) 249-3166 Carlisle, I'A 17013s (717) 24'9-3166 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 The May Department Stores, d/b/a Hecht's 111 Boulder Industrial Dr. Bridgeton, MO 63044 Plaintiff V. JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiffherein is The May Department Stores, d/b/a Hecht's, located at 111 Boulder Industrial Dr., Bridgeton, MO 63044. 2. The Defendant herein is JESSICA L MANBURGER, an adult individual located at 223 RENO ST, NEW CUMBERLAND, PA 17070. 3. Defendant borrowed from Plaintiff, by way of pm'chases on account #00000086119028 the sum of $2249.98 over the course of the parties' cardholder relationship, as of 9/30/03. A true and correct copy of an affidavit of account is attached hereto and marked Exhibit 4. Under the terms of the cardholder agreement, additional interest has accrued, and continues to accrue, from 9/30/03, at the rate of 21.6% per armurn. A true and correct copy of the relevant cardholder agreement terms is attached hereto and marked Exhibit "B". 5. In addition, Defendant agreed to be liable for Plaintiffs actual costs of collection, including court costs and attorney's fees; said attorney's fees being contingent on recovery, at the rate of 35%. See Exhibit "B". 6. Plaintiffhas in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint to damages. 7. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay further amounts due Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $2249.98, together with interest at the contract rate of 21.6% per annum commencing on 9/30/03, and attorney's fees at the rate of 35%, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. set forth. Paragraphs 1 through 7 above are incorporated herein by reference as though fully 9. Plaintiffwas neither a volunteer nor an officious intermeddler. 10. Plaintiffprovided said credit. 11. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 12. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $2249.98, together with interest at the contract rate of 21.6% per annum commencing on 9/30/03, and attorney's fees at the rate of 35%, and costs of this action. Dated: April 22, 2004 BY Ron Z. Opher, Esquire Attomey for Plaintiff AFFIDAVIT OF ACCOUNT STATE OF MISSOUR/ COUNTY OF ST. LOUIS :SS. BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, who swore on an oath that the following facts are true. 1. My full name is Virginia Carino. 2. I am a Recoveries Supervisor at The May Department Stores, d/b/a Hecht's, and I have full knowledge of the books and records concerning the account of JESSICA L MANBURGER (account number 00000086119028), the Defendant(s) herein. ~ -' 3. These records show that a total principal balance of $2249.98 together with interest at the rate of 21.6%, commencing on 9/30/03, is due Plaimiffand payable by the Defendant(s) herein. In addition, attorney's fees per terms of the credit card agreement are due and owing, at the rate of 35% of principal and interest. This affidavit regarding the account of the Defendant(s) herein, which constitutes this cause of action, are taken from the original records of entry. 4. The total amount of the account is due Plaintiffby Defendant(s) and all just and lawful offsets, payments and credits have been allowed. SUBSCRIBED AND SWORN to before me on the ~ day of_~?')Tg~'~z, j72.~t), 20 ~. Notary Public Catherine M. Rudy NOtary Public - Notary Seal State Of Missouri St. Louis County My Commia~ion Expires 5-10-04 YOUR BiLLiNG RIGHTS Th~n~ceconlaJnsimponan(~nbnna~hab~ ~r KEEP THIS NOTICE FOR FUTURE USE . ' Your~e ~ a~ ""-"~' ~ -.~ ~,,~ or pm~m ~. Y~R R~ ~ OUR ~OESB~ ~ ~ - Ann~I peman~ge rote 21.~ Balan~ ~mpu~tion Average ~ily baJance me,od ~ (i~uding new pumha~s) ~nual F~ Minimum finale =harge~58 ~ ~t. epa~ent~ . . ~ ~lS A.GR~E~-~ FIL~IN COPY'OF AN~E iN ADVANCE ~UE [~. 4 YOD.MAy A~ THE AGR~_M~~ YOU SIGN. 3. KEEP OPEN-END ,H CHTS HECHT'S RETAIL NSTALLMENT OPEN-END Pm~ m~ ~ ~'ee~e~tca~ ~'~s ~re~ m~ms bls ~.____, . C~D~PLAN AND SECUR~AGREE~ VERIFICATION I, Ron Z. Opher, Esquire ~ hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: f-/~z~ By:. Ron Z. Opher, Esquire PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT T~ pouf ¢;! e~c~ MUST BE ~IL D WtTH/N TEN (10) DA YS AFTER f/ting the notice of appeal Check ~phc~e boxes) AFFIDAVIT: ~ra~by swe~xr o ~dfrm that served [~] by pe so, al service ~b~, (certified) (~eg~stered) mail, senders recet hereto. : tlr t the t s~t ser~ed I RcetoFile~C) plait~taccornpa~,y~gtheaboveNoticeofAppeatupontheappeliee(s)towhom tie R ~e w~s ~< dressy1 o ~ ~,y personal servk;e ~'] by {certified) registered) SWORN {AFF~M~L) AN SU~3SC~?bEDC~/FOF~E~E '1 (Endorsement Required) r-~ Total Postage & Fees Postage Certified Fee Return Reciept Fee E~I (Endorsement Required) m=~ (Endorsement Required) NOTICE OF APPEAL COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~l~~.~ /l~:)~ NOTICE OF APPEAL Notice is give~ that the appellant has filed in the above Court of Common Pteas an appeal from the judgment rendered by the DMrict, Justice on the date ~cl in the case mentioned belo~ T~s block ~ill be slgne~ ONLY v/nen tl~s ~ i~ ~qu~ ~ ~ R.C)J~ ~ Il ~ll~t ~ CLAIMANT (S~ '~. ~.C.P.J.P. No. 1008& 1 O01 (6) in ~ti~ ~f~e Dis~ct J~tice, ~ MUST This ~fice of A~I, w~ ~ei~d ~ t~ Distr~t Ju~fice, will ~te os o ~PER~DEAS ~ t~ j~ f~ ~s~s~ in this cas~ FILE A COMPLAINT within tw~ty (20) da~ after filing his NOTICE of A~EAL. S~a~ of ~ot~o~y ~ ~ty PRAECIPE TO Eh~i~ RULE TO FILE COMPLAINT AND ~ULE TO FILE C (Th~ s~t~ of f~ ~ ~ ~ ONLY W~ a~ll~ ~ ~FEN~NT (s~ ~ R.C.PJ.P. No. 1001(7) in ~t~ be~ Ois~ict J~tice. ~' c of no~ce of ~al ~ ~ ~ ~ ~1~1. IF ~T USED, ~h ~ ~y , appdi~(s), to file a c~p~int in this a~ Enter rule upon (Common Pleas Hex ) within twenty (20) days aftra service of rule or suffer entry of judgment of non pros. RULE: To Name of al~oe#ee(s] , appe,ee(s). ~(2) If yo. cio not file a comp~int within this ~ime, a )JDCW, ENT OF NON PIK:)$ WILL B~ ENTERED AGAINST YOU. (3) The date of smvice of this rule if service was by mail is the date of mailing. C~JRT FILE AOPC 312-90 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 The May Department Stores, d/b/a Hecht's Plaintiff JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW NO. 04-1683 CIVIL TERM PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, The May Department Stores, d/b/a Hecht's, against Defendant, JESSICA L MANBURGER, for want of an answer. Assess damages as follows: Debt $2249.98 Interest (per contract and complaint) $283.50 Attorney's Fee (per contract and complaint) $886.72 TOTAL $3420.19 (plus costs) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgjnent is to be entered after the default occurred and at least ten days prior to the date of the filing of this praecipe. Copies are attached. R.C.P. 237.1 ~'-X_ Ron Z. Opher, Esquire ID #57507 Attorney for Plaintiff CtNDDN~OaWr,,~ )Lt I t ~ , 20 l~L~ , Judgment is entered in favor of The ay epa tment Store~, d/[/a Hecht's, against Defendant, JESSICA L MANBURGER, by Default for want of an answer and damages assessed at the sum of Three thousand four hundred twenty dollars and ninteen cents ($3420.19) plus costs as per the above certification. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland COUNTY COURTHOUSE I Courthouse Square Carlisle, PA 17013 TO: JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 The May Department Stores, d/b/a Hecht's Plaintiff V. JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW NO. 04-1683 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0530. The May Department Stores, d/b/a Hecht's I 11 Boulder Industrial Dr. Bridgeton, MO 63044 Plaintiff JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 Defendant IN THE COURT OF COMMON PLEAS CLrMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-1683 CIVIL TERM TO: JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 DATED: June 8, 2004 I/ffPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTING WITH T}JE COURT YOUR DF~VENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A YLVDOM~ENT MAY BE ENTHRED AGAINST YOU WITHOUT A NEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHT& YOU SHOULD TAKR THIS PAPER TO ALAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE TI~r~ OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRF. A LAWY~ER, THIS OFFICE MAY BE ABLE TO PROVR)E YOU WITft INFORMATION ABOUT AGENCIES THAT MAY OFIaa~R. LEGAL SERVICES TO ELIO1BLE ?ERSONS AT A RRDUCED FEE OR NO FEE. LAWYER REFERRAL SERV/CE Court AdministratoFs Office Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 (Signature of Plaintiff or Attorney) Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 POSTAL SERVICE CERTIFICATE OF MAILING ~Affi× fee he,~ in stamps or rr~ter postage and ..,~ve Ron Z. Opher, Esq. ?.0. Box 2245 Southeastern, PA 19399 PS Form 3817, Janua~ 2001 The May Department Stores, d/b/a Hecht's Plaintiff JESSICA L MANBURGER 223 RENO ST NEW CUMBERLAND, PA 17070 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA CIVIL ACTION - LAW NO. 04-1683 CIVIL TERM CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF Cumberland : I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is 111 Boulder Industrial Dr., Bridgeton, MO 63044. Defendant's address is 223 RENO ST, NEW CUMBERLAND, PA 17070. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: July 2, 2004 BY: Ron Z. Opher, Esquire