HomeMy WebLinkAbout08-6563
.O$IMdNWE)RTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of CU, µ/3tJ- (A4 FROM
DISTRICT JUSTICE JUDGMENT
l I
COMMON PLEAS No. d ?" G ?G GNP t
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.
AL A-N _?e-ckwea- Dq? l- 0 ? I C "RL-k-1 4, CLeAA r V.
ADDRESS OF APP LLANT CITY TATS ZIP CODE
140 Al• aWJ STS ?ML4& I?71o2
DATE OF JVDGMEtIr IN CASE OF ( ' fA?) (De?rManl)'
610171 N CI AL 360-W CET (;Ca
DOCKET No. SIGNATLIR APP OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa. If appellant was laimant (see Pa. R.C.P.D.J. No. 1001(6) in acti n
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sonah" 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 District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon F ,v p we , A S G4`U" c, No appellee(s), to file a complaint in this appeal
FrL? Name of
(Common Pleas No. (I T , &5'&3 41rV;1 ) within twenty (20) days after service of rule or suffer entry judgment of non pros.
k?ll? V) NA ruC rA ( Seri j'cc , rue . A[ T or
a4mey or V*A 4FP'1 Pc
ILLigM ? y
RULE: To f 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.
`,r? r
Date: /YO V. 6-, 20 `S Sig ore t P or poly
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
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 NO"CE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHW 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 affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 120
?
-0 °
C= CJ
-1
L17
rnr-, ;1e
EN -?
m
Pri
Q
s
I>
A
? eOMMNWEALTH OF PENNSYLVANIA
(:01 INTY nF• CUMERLAND
Mag. Dist No.:
09-1-01
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rEELLY FINANCIAL SERVICES, INC.
400 BRIDGE STREET APT/STE 4
FRANK H. KELLY
L!= CMMZRLAW, PA 17070
VS.
DEFENDANT: NAME and ADDRESS
rSECSNER, ALAN
1428 N. 23D STREET
HARRISBURG, PA 17102
L -?
Docket No.: CV-0000391-08
Date Filed: 8/04/08
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNS COMMONS -SUITE 3
NEW CUILBERLAND, PA
Telephone: (717 ) 774-5989 17070
ALAN SECZNZR
1428 N. 2ND STREET
HARRISBURG, PA 17102
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGM 1NT PLTF
(Date of Judgment)
10/07/08
® Judgment was entered for: (Name) KELLY FINANCIAL SERVICES, INC.
® Judgment was entered against: (Name) SZC33M• ALAN
1 257 0
in the amount of $ ,
Defendants are jointly and severally liable.
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 $ 1,153.00
Judgment Costs $10'.00
Interest on Judgment $ :00
Attorney Fees $ •
Total $ 1,257.00
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 JUDGMENTITRANSCRIPT 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.
AS PER ASSIGNED JUDGE, MDJ ROBERT V. MANLOVE:
10/7/08 Date , Magisterial DistrictJu
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
, Magisterial District Judge
My commission expires first Monday of January, 2014 SEAL
AOPC 315-07
DATE PRINTED: 10/13/08 12:08:00 PM
•.
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE
YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE
DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE
NOTICE TO YOU OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR
AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE
EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR
BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME
INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF
THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON
YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS
YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
ALAN JO SECKNER
PRINCI AL
AGENT'S ACKNOWLEDGEMENT
I, WILLIAM J. PATTON, have read the attached power of attorney and am
the person identified as the agent for the principal. I hereby acknowledge that
in the absence of a specific provision to the contrary in the power of attorney or
in 20 Pa. C.S. when I act as agent:
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and
disbursements on ehalf of the principal.
AGENT DATE
DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, ALAN JOSEPH
SECKNER, currently residing at 1428 North Second Street, Harrisburg, County
of Dauphin, Pennsylvania, hereby revoke any general power of attorney that I
have heretofore given to any person and do hereby appoint WILLIAM J.
PATTON, of 1428 North Second Street, Harrisburg, County of Dauphin,
Pennsylvania, (hereinafter "my Agent") my true and lawful Agent for me and on
my behalf to perform all such acts as my Agent in my Agent's absolute
discretion may deem advisable, as fully as I could do if personally present.
This Power of Attorney shall not be affected by my subsequent disability
or incapacity.
My Agent is hereby given the fullest possible powers to act on my behalf:
to transact business, make, execute and acknowledge all agreements,
contracts, orders, deeds, writings, assurances, and instruments for any matter,
with the same powers and for all purposes with the same validity as I could, if
personally present.
SPECIFIC POWERS INCLUDED IN GENERAL POWER
Without limiting the general powers hereby already conferred, my Agent
shall have the following specific powers that are included in the foregoing
general powers:
(1) To create a trust for my benefit.
(2) To make additions to an existing trust for my benefit.
(3) To claim an elective share of the estate of my deceased spouse.
(4) To disclaim any interest in property.
(5) To renounce fiduciary positions.
(6) To withdraw and receive the income or corpus of a trust.
(7) To authorize my admission to a medical, nursing, residential or
similar facility and to enter into agreements for my care.
(8) To authorize medical and surgical procedures.
(9) To engage in real property transactions.
(10) To engage in tangible personal property transactions.
(11) To engage in stock, bond and other securities transactions.
(12) To engage in commodity and option transactions.
(13) To engage in banking and financial transactions, including
checking and savings account(s), certificates of deposit, and savings bonds
transactions.
(14) To borrow money.
(15) To enter safe deposit boxes.
(16) To engage in insurance transactions.
(17) To engage in retirement plan transactions.
(18) To handle interests in estate and trusts.
(19) To pursue claims and litigation.
(20) To receive government benefits.
(21) To pursue tax matters.
DURATION OF POWER, RELIEF FROM LIABILITY, REVOCATION
1. This Power of Attorney shall not expire by reason of lapse of time.
2. I hereby ratify and confirm all that each Agent acting hereunder shall
do or cause to be done under this General Power of Attorney. I specifically
direct that such Agent shall not be subject to liability for such Agent's
decisions, acts or failures to act.
3. This Power of Attorney shall be revoked by my giving to such Agent
acting hereunder, written notification of the revocation, which notice shall not
be considered binding unless actually received.
IN WITNESS WHEREOF, and intending to be legally bound, I have
hereunto set my hand and seal this 110f day of September, 2007.
Signed, sealed, and delivered :
in the presence of:
- k-'t"n ?;eA --A -
ALAN JO P E KNER
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the day of September, 2007, before me, A Notary Public,
personally appeared ALAN JOSEPH SECKNER, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged that he executed it for the purposes therein
expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
J Alz,--?=
RY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Nary Public
Melissa A. Wherley,
Hampden TWP., Cumberland County
My ?m?ion Expires Oct. 5, 2009
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the ?'" ? day of September, 2007, before me, A Notary Public,
personally appeared WILLIAM J. PATTON, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged that he executed it for the purposes therein
expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
'j' %
NOT RY P LIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Melissa A. Wheriey, Notary Public
Hampden Twp., Cumberland County
My Commission Expires Oct. 5, 2009
Member, Pennsylvania Association of Notaries
¦ V
rn CT' C%3
O
`1 I
r
< . V
Cry }
-.. nix
C,,j :C3
(r7
rn
c-n
co K
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
1 a copy of the Notice of Appeal, Common Please upon the District Justice designated therein on
(date of service) t-;cWhjbt..t 5 20 0,3? , ? by personal service Ld by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) Ke I Iu Fil1O ?1UG1+y Les Irt, on
Cl.?P 17" PtA 7 , 20 U? ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED)AN UBSCRIBED BEFORE M --
E
THIS /D DAY OF -JVG?J? l?2 j? t/l 20 `y? ~ P Gw I'd F •Tjr k'v?
061- y
Signature of affianf l
Signature of o ,Vial before whom affidavit was made
y?-A J?, f ? ?-
Title of official My commission expires on 7 2069
COMMOM MMTH OF PENNSYLVANIA
No" SW
MW & Owore, Notary FU*
OM TW, Deuphln CouNy
M!?CortrrllMion E?pYrt June 7, 2009
ANmbe , Panns*wia Assodawn of No"s
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of 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.
NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. - -?"
ADD SS OFF APPELLANT CITY STTATE ZIP CODE
DATE OF JWDGME IN THE CASE OF (P(aiatfi) (DeferMant)'
DOCKET No. SIGNATUR - APP T O ATTORNEY OR AGENT
T..
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in actidn
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prethonotary 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
Enter rule upon s;ly it ?? appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. ,w` 4 x V6 ( ) within twenty (20) days after service of rule or suffer entry ofjudgment of non pros.
RULE: To i r?'V` t"i'. ({ I t_ appellee(s)
Name of appellees)
(1) You are no#%d 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 upoh5 you by personal service or by certified or registered mail.
(2) If you do not file a compiaint,within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
p The date of service of this rule if service was by mail is the date of the mailing.
Date: No t1. , 20
Siratul yf Pro?h or, t)eputy
YOU MUSIPINgi UDE A COPY OF THE NOTICE OF JUDGMENTfrRANSCRIPT FORA WITH THIS NOTICE OF APPEAL.
AOPC 312-02
v% cpTMant or owney or &We
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
• I
mF-
MAILT,,, RECEIPT
y 1
CO
00 NWU:IiN P 771?M 1 , '
UPTOWN STATION m --- Postage $ 1.42 HARRISBURG, Pennsylvania
(+
171102468 Certified iFee $2.7p
4134870112 -0096
11/07/2008 (800)275-8777 04:37:28 PM C3 leturnReceiptFee o UI'a*
O ndcrsementRequlred) 12.26 *Iw
Sales Receipt ° o?!.
idc rrsem Delive Fee
Re ui ed
Product Sale Unit Final o q ) 10.00
Description Qty Price Price
ra -bGd Postage 8 Fees =$0.32 1110 408
NEW CUMBERLAND PA 17070 $0,42 F-9
Zons-1 First-Class ?71V?f' -
Letter o
0.30 oz. Nof- - -- - --------------- .._?Lvr
o Apt
PC^ Box No. I?[
---- ------------
Return Rcpt (Green Card) $2.20 - --------------- --------------------------- '.. S? f?F4
Certified $2.70 ,Q l '1U U
Label M: 70081140000049092979 3800, ALIqUSt 2006 lmnuct,u,v
ss:asess _
Issue PVI: $5,32
U.S. Postal
NEW CUMBERLAND PA 17070 $0,42 " CERTIFIEDService
•
Zone-1 First-Class
Letter Q- i-ii-i(Domestic Mail Oniy, No Insurance Coverage Provided)
.0.50 oz. r%_
Return Rcpt (Green Card) $2.20 ti N P11-0 Certified $2.70 E ,7 E=
Label 11: 70081140000163328855
Issue PVI: $5.32 Postage $ 10.4
Certified Fee 12.7,0 07
vnmwm? $1 O i ndorsementR ulredj 12.20 L P?Hff'eere"
Total :
.64
° flestrkoted Delivery Fee
Paid by: Endorsement Required) 10.00
Visa $10.64 °
Account XXXXXXXXXXXX5565 Total Postage & Fees $ 15.32 11101i2008
r_q
Approval: 045191 r
a 4unt o
Transaction N: 977 r ?Yf2,L7 C{?,QCLt7 cCt-mW Ta,
23 903110211 ° s r dar.hlo.:' --?.'--------- - --- --------------------------------
- ----
o :rPOZrva GUt D(r c? 7 AE?
Order stamps at USPS.com/shop or call ti ;_;N; Sto ZP +-?-? ----------------- ----rte... .7... __[_. E
1-800-Stamp24. Go to USPS.com/clicknship ?J 1T7 r? Q
to print shipping labels with postage.
For other information call 1-800-ASK-USPS.
Bill: 1000401894794
Clerk: 07
All sales final on stamps and postage.
Refunds for guaranteed services only.
Thank you for your business.
>r??c?cxtrtrrxtrtextrxtrtr>r?c?cxt?>rrrxtt*x>rxtrtr*trrcrcttttx>rm
tr tr tr>r tr tr>r ?c * to tr tr>r x>r x tr>r>r>r>r ? tr tr x tt>tt x>t tt; tr>r x>r x >r >r t? tr x
HELP US SERVE YOU BETTER
Go to: http://gx.gallup.com/pos
TELL US ABOUT YOUR RECENT
POSTAL EXPERIENCE
YOUR OPINION COUNTS
xxrcxtrx*rttr*>rt?*?rxxtr*?r>rx:xx*rt:x*x*xxxrtxxx>rrr
??*?*?r•>t??t?*>t*>r??r??t?ttt?rtrtrtrtt?tt??t?tt?t?,?>t?ttr*trrrr
Customer Copy
% SENDER: COMPLETE THIS SECTION
¦ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
?tz?.? ?i NR??ccdkSwc.?Ne,
A. Signature
0 Agent
X )??
),; f ?C3 Addresses I
C
B "ved by f Pdnted '` , 1..-f , /' ?l/ li/ /!? i
D. Is delivery addr4s different from Item 1? 0 Yes
If YES, enter delivery address below. 0 No
( 3. Service Type
2 led man ? epees Mail
N Cpl 0 Registered 0 Retum Receipt for merchandise,
CJ Insured Mail 13 C.O.D.
4. Restricted Delivery? 94a Fee) ? Yes
- ---
2' Article Number
(i'iansler from - - -- - -- - ---
labe) 7008 1140 0001 6332 8855
PS Form 3811, February 2004 Domestic Retum Receipt 102588.02-M-1840
¦ Complete items 1, 2, and 3. Also complete
Item 4 N Restricted Deliver
is d
sir
d
...
A.
SI
<e
y
e
e
.
i
¦ M
nt
X
Pr
nt your name and address on the reverse 0 Addressee
so that we can return the card to you.
¦ Attach this card to the back of the mallplece, B. bred by (Pr of Name) C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from rem 1? 0 Yes
SR I C-7 14, n6E C.4 ct 1 I If YES, enter delivery address below: 0 No
Iti,
(?-r(Wr,* 6? -1- 0
VA-6 •
?
n
L?W
S 'SwTE02 Service Type
New lid "Alin LAND p? C' 7 D 10 ;P4ertified Mali C3 Express Man
0 Registered C] Rdum Rartelpt for Merdterrdise
0 Insured Men Cl C O.D.
'P.. 4. ffa?4ct4d livar)Il 'ireeil;`' ' ?jyen
2. Article Number. , - •- • .
(narrsibrbom ser 646 2 606h 000(7 0 h'C 90 0 Z i
PS Form 3811,
February 2004 Domestic Rshun
t_ _ apt •iQQ598.02.M.1540
pd\ntc\ke I l y 6nanc i al serv i cesecknernotice
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KELLY FINANCIAL SERVICES, INC., :IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. 08-6563- CIVIL TERM
ALAN SECKNER and WILLIAM J.
PATTON, ESQUIRE, POA, Jointly and
Severally, : CIVIL ACTION - IN LAW
DEFENDANTS
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 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 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 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3302
TELEPHONE: (717) 249-3166
KELLY FINANCIAL SERVICES, INC., :IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. 08-6563- CIVIL TERM
ALAN SECKNER and WILLIAM J.
PATTON, ESQUIRE, Jointly and
Severally, CIVIL ACTION - IN LAW
DEFENDANTS
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la
corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda.
Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3302
TELEPHONE: (717) 249-3166
-2-
F.\docs\pd\com\part hemorevcoyer
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KELLY FINANCIAL SERVICES, INC.,
PLAINTIFF
V.
ALAN J. SECKNER and WILLIAM J.
PATTON, ESQUIRE, POA, Jointly and
Severally,
DEFENDANTS
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
08-6563- CIVIL TERM
CIVIL ACTION - IN LAW
COMPLAINT
And now, this a, t day of November, 2008, comes the Plaintiff, by and through
its attorneys, Stone LaFaver & Shekletski, and files this Complaint against Defendants, Alan J.
Seckner, and William J. Patton, Esquire, POA, jointly and severally, and avers as follows:
1. Plaintiff, Kelly Financial Services, Inc., is a Pennsylvania corporation, with its
principal place of business located at 400 Bridge St., Suite 4, New Cumberland, Cumberland
County, Pennsylvania, 17070.
2. Defendant, Alan J. Seckner, is an adult individual, residing at 1428 North 2" Street,
Harrisburg, Dauphin County, Pennsylvania, 17102.
3. The Defendant, who identified himself on the contract as William J. Patton, Esquire,
POA, is an adult individual, residing at 1428 North 2°d Street, Harrisburg, Dauphin County,
Pennsylvania, 17102.
3. On April 4, 2008, the Defendants entered into a written contract with the Plaintiff for the
Plaintiff to provide financial services for Defendants, in the nature of the preparation and filing of
the Defendant Seckner's 2001, 2002, 2003, 2004, 2005 and 2007 Federal and State tax returns. A
true and correct copy of the contract is attached hereto as Exhibit "A" and incorporated by reference
herein as though fully set forth at length.
4. The Plaintiff has fully complied with the terms of the contract and provided the services
requested by the Defendants in the Contract.
5. The Defendants have failed, and continue to fail to make payment to the Plaintiff as
agreed to in the Contract.
6. The balance due for services rendered as of April 8, 2008, was $1353.00 as indicated by
Invoice #6858 which the Plaintiff hand-delivered to the Defendant Seckner on April 8, 2008. A true
and correct copy of the Invoice is attached hereto as Exhibit "B" and incorporated by reference
herein as though fully set forth at length.
Page 2 of 3
7. On or after August 8, 2008, Plaintiff mailed a statement to Defendant Seckner indicating
the balance due after receiving only one payment in the amount of $200.00 on April 8, 2008; the
same day all tax returns were prepared and returned to Defendant Seckner. A true and correct copy
of the Invoice is attached hereto as Exhibit "C" and incorporated by reference herein as though fully
set forth at length.
8. The balance due to the Plaintiff from the Defendants as of this date is $1153.00, in
addition to interest at a rate of 1.75% per month.
WHEREFORE, Plaintiff prays this Honorable Court to enter a judgement in favor of the
Plaintiff and order the Defendants pay to the Plaintiff the amount of $1,153.00, plus interest until
paid, court costs, attorney fees, and such other additional relief as this Court deems appropriate.
Respectfully submitted,
STONE LAFAVER & SHEKLETSKI
i&beth B. Sto squi
Supreme #6¢51
414J46MerStree
New C1umberl , PA 17070
Phone 717-7-04-7435
Fax 717- 4-3869
Dated: kext z! , 2008 for Plaintiff, Kelly Financial Services, Inc.
Page 3 of 3
EXHIBIT "A"
AK
F I N A N C I A L S E R V I C E S, I N C.
-711 400 Bridge Street, Suite #4 • New Cumberland, PA 17070
AcM -J S ?cKNt?2_
717.774.7536 • 717.774.4802 (FAX) • www.kellytax.com
Agreement for Tax Services
Circular 230 changes require us to define our Agreement of Services for the
preparation of your 2007 federal tax return. The overall intent of the clarification of the
Agreement of Services is to clarify the Best Practices as adopted by the Internal
Revenue Service.
This Agreement is between Kelly Financial Services, Inc. (hereinafter known as
KFS) and (hereinafter known as
Taxpayer.) KFS and the Taxpayer agree to the following:
1.) Taxpayer has engaged KFS to prepare their 2007 federal, state, and local
income tax returns. All return preparation is based upon information that
KFS receives from you, the Taxpayer.
2.) KFS will not audit or review your books of records or accounting systems.
3.) KFS will provide you with data organizers to help you organize and gather
the information to properly prepare your 2007 tax returns.
4.) All information must be in the office by April 10th, for your tax return to be
filed by April 15th 2008 for tax year 2007. If your information is not in the
office by April 10th KFS will automatically file an extension of time to file
your return.
5.) It is your responsibility to maintain adequate records for entertainment,
travel, automobile, and cell phones in addition to all other records needed
for your tax return preparation. If you have charitable contributions in
excess of $250.00 at one time to any one organization - you must maintain
written proof and documentation of the donation.
6.) In conjunction with you - the client - KFS will take every possible tax
deduction that you and KFS can justify and will withstand a reasonable
audit. KFS will use our best judgment to educate you on tax law matters.
When tax law is unclear - you and KFS will evaluate our position and make
the best call that can be made with the applicable information.
7.) KFS fees are not based upon your income, or your tax refund. Fees are
based on a per form charge, with a minimum per form charge and may vary
depending on the complication. The taxpayer agrees to pay for the services
performed prior to the release or filing of any return.
8.) KFS will be asking for a retainer, if your return can not be completed at the
original appointment. The retainer will be $135.00 if your return cannot be
Frank H Kelly, EA Registered Representative of. and Securities offered through
H D Vest Investment Services a non-bank subsidiary of Wells Fargo & Company Member SIPC
completed at the time of your appointment. No return will be released
without payment in full. KFS accepts cash, checks, MasterCard and
Visa. Credit Cards may be used only for tax preparation,
bookkeeping, and accounting services. Any check, returned for any
reason, by your bank is subject to a charge of $25.00.
9.) Credit cards may not be used for the purchase of any security or
investment.
10.) KFS is responsible for the preparation of the above returns, if there are any
additional returns due - i.e. sales tax, inheritance tax, gift, or estate taxes
they must be so noted nc"X? 1 - 2ccG
11.) KFS uses no outside services for the preparation of your individual or
business tax return. We do however use the services of Drake Software to
file your tax returns via electronic means.
12.) KFS has adopted a retention policy of 5 years for your records. All requests
for copies of additional tax returns will be charged the same fee in effect at
the time by the IRS.
13.) Taxpayer consents to the disclosure of their tax return information, to Frank
H. Kelly, EA, for the purposes of investment, mortgage, and college and
wealth accumulation planning purposes. This is in accordance with IRC
Section 7216.
14.) Taxpayer is in no way responsible for a fee for the services offered in
number 13 above if the services are not suitable or purchased.
15.) The Taxpayer understands that tax return information will not be disclosed
to any person or for any purpose, other than as stated in number 13, not
specifically allowed by law or subsequent written approval from the
taxpayer. All requests for copies of tax returns must be accompanied by
written authorization if you, the taxpayer,, are not picking up the returns.
16.) KFS stands behind its work. If we make an error, we will correct the error at
no additional charge. If our error results in a penalty, we will try to have the
penalty abated, and if not successful, we will pay the penalty. KFS is not
responsible for any interest charges since you have had use of the funds.
17.) If the terms of this agreement, as outlined above, are in accordance with
your understanding of our engagement, please sign in the space provided.
We at KFS appreciate the opportunity to service you and look forward to seeing
you next year. If you need any assistance throughout the year - please feel free to
contact the office. / ? - I 46?
Sig ed and ted at New umberland, PA on
For Kelly Financial Services,,-Inc.
EXHIBIT "B"
Kelly Financial Services, Inc.
400 Bridge Street, Ste 4
New Cumberland, PA 17070
717.774.7536
717.774.4802 (Fax)
Bill To
Alan Seckner
1428 N 2nd Street
Harrisburg, PA 17102
Invoice
Date Invoice #
4/8/2008 6858
Description Amount
Prep 2001, 2002, 2003, 2004, 2005 and 2007 Federal, State and Local Taxes - 2006 was missing from the data
received to prepare 1,353.00
Total $1.353.00
EXHIBIT "C"
Kelly Financial Services, Inc. Statement
400 Bridge Street, Ste 4
New Cumberland, PA 17070
717.774.7536
717.774.4802 (Fax)
TO:
Alan ec er
1428 N 2nd Street
Harrisburg, PA 17102
DATE
8/4/2008
I AMOUNT DUE I
I AMOUNT ENC. I
1 $1,153.00 1
All invoices over 30 days are subject to late fees of 1.75% per TERMS DUE DATE
month. Please detach at perforation and return top portion
with payment. 8/4/2008
DATE TRANSACTION AMOUNT BALANCE
12/31/2003 Balance forward 0.00
04/08/2008 INV #6858. Due 04/08/2008. 1,353.00 1,353.00
04/08/2008 PMT -200.00 1,153.00
CURRENT 1-30 DAYS 31-60 DAYS 61-90 DAYS OVER 90 DAYS AMOUNT DUE
0.00 0.00 0.00 0.00 1,153.00 $1,153.00
VERIFICATION
Frank Kelly states that he is the President of Kelly Financial Services, Inc., the Plaintiff named
in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument;
that the same are true and correct to the best of his knowledge, information and belief; and that this
statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
Kelly Financial Services, Inc.
Kelly, President
Date: Wpx\'G r 1?0? kQz?
ELIZABETH B. STONE, ESQ
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
KELLY FINANCIAL SERVICES, INC.,
PLAINTIFF
V.
ALAN J. SECKNER and WILLIAM J.
PATTON, ESQUIRE, POA, Jointly and
Severally,
DEFENDANTS
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
08-6563- CIVIL TERM
CIVIL ACTION - IN LAW
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, Esquire, attorney for the Plaintiff, KELLY FINANCIAL SERVICES,
INC., in the above-styled matter, certify that I this day served a copy of the foregoing Complaint upon
the persons indicated below by Certified, Return Receipt U.S. Mail, to the addressed as follows:
Alan J. Seckner
1428 North 2°d Street
Harrisburg, PA 17102
William J. Patton, Esquire, POA
and 1428 North 2°d Street
Harrisburg, PA 17102
STONE LaFAVER-& SHEKLETSKI
ESQUIRE
=9=151
414 Bridge eet, P.O. Box E
New Cu erland, PA 17070
Telep ne: (717) 774-7435
Dated: (,W 2-ij Z,,a? ^ifomeys for Plaintiff
' it
C S
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY FINANCIAL SERVICES INC, Case No.: 08-6563-CIVIL TERM
ELIZABETH B. STONE ESQ, 414 BRIDGE DEFENSE AND OBJECTIONS
STREET, NEW CUMBERLAND PA 17070, (717)
774-7435, ATTORNEY FOR PLAINTIFF,
Plaintiff,
VS.
ALAN J. SECKNER, WILLIAM J.
PATTON,ESQ.,POA, 1428 N.2ND STREET,
HARRISBURG PA 17102, (717) 230-9310,
DEFENDANTS ,
Defendant
DEFENSE AND OBJECTIONS
AND NOW, this 10th day of December
2008, comes the Defendant's Power of
Attorney, William J. Patton, Esq.,
POA, and files this Defense against
Plaintiff KELLY FINANCIAL SERVICES
INC., and its attorneys, Stone LaFaver
& Shekletski, jointly and severally,
and avers as follows:
1. Defendants met with Plaintiff,
Kelly Financial Services, Inc., to
review Mr. Seckner's
2001,2002,2003,2004 and 2005
Federal Income Tax Returns.
Handwritten forms when presented to
DEFENSE AND OBJECTIONS - 1
OF
Mr. Kelly to look over completed
the Returns. Mr. Kelly was never
instructed to re computate the
taxes or to put them on computer
generated 1040EZ forms.
2. Upon review by Mr. Kelly, he
presented Mr. Seckner with computer
generated one-page 1040EZ forms,
and an invoice, Exhibit A, for the
sum of $1353. Mr. Seckner was in
shock. Mr. Kelly was to look over
and then inform Mr. Seckner of any
suggestions he may have.
3. Mr. Kelly demanded payment in full.
Mr. Seckner and Mr. Patton
objected, as there was no
agreements to re calculate and then
to enter on sinale sheet computer
generated 1040EZ Forms the
completed taxes.
4. Mr. Kelly demanded several Post
Dated checks for the total invoice
sum of $1353. We refused.
5. Next, Mr. Kelly drew up a hand
written note or promise to pay that
he insisted be signed. It was never
Notarized or submitted with
Plaintiff's Complaint.
6. Mr. Seckner gave Mr. Kelly his
check # 563 for the sum of $200.
7. Mr. Kelly cashed this check the
next day.
8. Mr. Kelly FAILED TO FILE THE
RETURNS Until APRIL 22, 2008, after
repeated calls to his office to
verify he had filed the tax
returns. Because of his late
filing, Mr.Seckner incurred
additional penalties and interest.
9. Only by verifying with the IRS did
Mr. Seckner learn that his returns
were filed on April 22, 2008. Even
then not all the returns were
filed.
10. Because of the outrageous sum
charged by Kelly Financial Services
Inc for services that were not
authorized, we consulted with H&R
Block and Jackson Hewitt Tax
Preparers as to their fee to look
over or review a completed 1040EZ
DEFENSE AND OBJECTIONS - 2
Form. Their standard fee is $28 per
return. Using that fee multiplied
by the 5 (five) returns 2001 thru
2005 that Mr. Kelly was to look
over, the Invoice should have been
for $140.
11. Since Mr. Seckner had already
paid Mr. Kelly $200 and Mr. Kelly
had accepted and deposited this
amount, while failing to file Mr.
Seckner's Returns by the April 15,
2008 Deadline, we told Mr. Kelly
that we considered him Paid In Full
for the Services not authorized.
12. We are filing a separate
Private Criminal Complaint against
Mr. Kelly for Theft By Deception,
as Mr. Kelly accepted Mr. Seckner's
check and knowingly and willfully
failed to file the returns by the
April 15th, 2008 Filing Deadline.
Only by contacting the IRS did we
learn of the late filing, and after
repeated calls to Mr. Kelly and
leaving messages did he FINALLY
file one of the Returns beginning
April 22, 2008. One of his co-
workers called and left a message
that they had filed one of the
Returns on the 22nd of April 2008.
WHEREFORE, Defendants prays this Honorable Court to enter a judgment in favor
of the Defendant and order the Plaintiff pay to the Defendant the amount of
$200, plus interest until paid, court costs, and such other relief as this
Court deems appropriate.
Respectf(lly submitted,
William J.fPAttton, Esq.
Power of Attorney for
Alan J. Seckner
Defendants
1428 N.2nd Street
Harrisburg PA 17102
(717) 230-9310
Dated: Dec.10, 2008
DEFENSE AND OBJECTIONS - 3
EXHIBIT "A"
Kelly Financial Services, Inc.
400 Bridge Street, Ste 4
New Cumberland, PA 17070
717.774.7536
717.774.4802 (Fax)
Bill To
Alan Seckner
1428 N 2nd Street
Harrisburg, PA 17102
Invoice
Date Invoice #
4/812008 6858
Description Amount
Prep 2001, 2002, 2003, 2004, 2005 and 2007 Federal, State and Local Taxes - 2006 was missing from the data
received to prepare 1,353.00
Total ;1.353.00
CERTIFICATE OF SERVICE
AND NOW, this 10" day of December 2008, I, William J. Patton, Esq., Power of Attorney for Defendant Alan J. Seckner,
certify that I served a copy of the foregoing Defense and Objections upon the persons indicated below by Certified, Return Receipt
Requested U.S. Mail, to the addressed as follows:
KELLY FINANCIAL SERVICES INC. And STONE LaFAVER & SHEKLETSKI
400 BRIDGE STREET, SUITE # 4 414 BRIDGE STREET, PO BOX E
NEW CUMBERLAND PA 17070 NEW CUMBERLAND PA 17070
Respectfully submitted,
illiam J. Patton, s O
Power of Attorney o
Alan J. Seckner
1428 North 2nd Street
Harrisburg PA 17102
(717) 230-9310
a
n
-r?
c? µr_
-?-,
_
fir(
4 '??' ('?3 ?t1?:."°
^•Cl
..? .i.M1 ?,?,,
'
f
'"'L;? y >
f f,
P?{ i?,.,9 ??.
David X17. Buell
Prothonotary
KirkS. Sohonage, ESQ
Soricitor
1750
2"d Deputy Prothonotary
Office of the Trothonotary
Cum berfand County, Tennsylvania
ne -1.5L3. CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
knee X Simpson
1" (Deputy 1tothonotary
zi
Irene E. Morrow
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square * Suite 100 • Carfisfe, P.A 17013 • (717)240-6195 9 Fax(717 240-6573