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HomeMy WebLinkAbout04-1971COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL r-- COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT j " COMMON PLEAS Nv Q4 ? {rU L 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 below NAME OF APPELLANT MARLYN FINANCIAL SERVICES, LLC MAG DIST. NO. OR NAME OF Dl. 09-1-01 ADDRESS OF APPELLANT CITY C/o Stock & Grimes, LLP, 804 West Avenue, Jenkintown, PA 19046 DATE OF JUDGMENT IN THE CASE OF (ft M ff) 4/21/04 MarLyn Financial Services, LLC VS. Devlin N CLAN, NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR CV 77-04 EDWARD STOCK, ESWXE , LT ' This block will be signed ONLY when this natation is required under Pa R.C.P.J.P. No. 'Wa. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in ac STATE (ce(aioalu .rend...... _ __ r GENT #13637 z? CODE :AlM1{7V,T_tsae, Pa_-R19,P.JP. No. before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his 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.JP. 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 , appellee(s), to file a complaint in this appeal Name of apJle//eels) (Common Nos Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature d appeuant or his attorney a agent RULE: To , appellee(s). Nave d appe)IDe(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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing Date: Signature of ProMa7owy n OaPIJb AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY M SERVICE °'?t'' NOTICE tI n ^ ' A4'P'!:?t+,}! ... °v4=': E rW-, Y- 3 _•rY{'C .. ?. t date; `i'. Zn: _.. .._ Moo 7? W ?Q C c. N o° O him r „m c? ?sm G.1 ?C: W -c _ ,,,nwwrvvvCAL I H OF PENN COUNTY OF: CUMBERLAND Mag- Dist. Na.: 09-1-01 VANIA DJ Name: Nan. CHARLES A. CLEMENT, Add'ass 400 BRIDGE STREET OLDE TOWNE COMMONS NEW CUMBERLAND, PA Telephone: (717) 774-5989 MAR LYN FINANCIAL SVC 804 WEST AVE C/O STOCK & GRIMES LLC JENKINTOWN, PA 19046 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE C JUDGMENT/TRANSCRIPI PLAINTIFF: CIVIL CASE NAME and ADDRESS FiAR LYN FINANCIAL SVC 804 WEST AVE C/O STOCK & GRIMES LLC 2ENKINTOWN, PA 19046 J VS. DEFENDANT: NAME and ADDRESS [MARENO, DEVLIN 5332 OXFORD DRIVE APT/STE 106 MECHANICSBURG, PA 17055 L Docket No.: CV- 0000077 - 04 Date Filed: 2/19/04 FOR DEFENDANT Judgment was entered for: (Name) MARENn, nEVT.TN Judgment was entered against: (Name) MAR LYN PTNANCTAT. SV, C in the amount of $ no on: (Date of Judgment) 4/21 /04 11 Defendants are jointly and severally liable. 0 Damages will be assessed on: 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 $ (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 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 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 FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. APR x 1 2004 Date e" Q , M A , District Justice I certify that this is a true and ccrrect copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2008 . JR. -SUITE 3 17070 District Justice SEAL J AOPC 315-03 DATE PRINTED: 4/22/04 2:39:38 PM STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.E•# 13657 204 West Avenue Jenkintown, PA 19046 (215) 576-1900 MARLYN FINANCIAL SERVICES, LLC,ASSIGNEE OF PROVIDIAN NATIONAL BANK c/o Edward Stock, Esquire 804 West Avenue Jenkintown, PA 19046 Plaintiff VS. DEVLIN MARENO Apartment 106 5332 Oxford Drive Mechanicsburg, PA 17055 Defendant(s) CIVIL AMCN 'NOTICE" "You have been sued in court. If you wish to defend against the claims set forth in the fol- lowing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appdarance person- ally 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. Attorney for Plaintiff COURT OF COMMON PLEAS COMBS'RLAND COUNTY CIVIL ACTION-LAW NO. fq - P7/ (21L;lC_X "AVISO" "Le han demandado a usted en la torte. Si usted quiere defendersede estas demandas ex- puestas en laspaginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y to notificaci6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificaci6n. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Listed puede perder dinero o sus propiedades u otros derechos importantes para usted." "LLEVE ESTA DEMANDA A UN ABO- GADO INMEDIATAMENTE. SI NO TIENE ABO- GADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PER- SONA O LLAME FOR TELEFONO A LA OFI- CINA CUY A DIRECCION SE ENCUENTRA ESCRITA AGAJO 4RA AVERIGUAR DONDE SE PUEDE COHSE IIR ASISTENCI? LEGAL. LAWYER REFERENCE SERVICES Court Administrator -- Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 STOCK & GRIMES, LLP BY: EDWARD STOCK, ESQUIRE I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 MARLYN FINANCIAL SERVICES, LLC, ASSIGNEE OF PROVIDIAN NATIONAL BANK c/o Edward Stock, Esquire 804 West Avenue Jenkintown, PA 19046 Plaintiff VS. DEVLIN MARENO Apartment 106 5332 Oxford Drive Mechanicsburg, PA 17055 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. CIVIL ACTION COMPLAINT 1. Plaintiff, MarLyn Financial Services, LLC, is the purchaser and assignee of the obligation under suit herein, and/or is the authorized representative of Providian National Bank or the servicer of a credit card account issued by Providian National Bank to the Defendant(s) herein, in accordance with a credit card agreement between Providian National Bank and the Defendant. 2. Plaintiff, MarLyn Financial Services, LLC, is a limited liability company and is authorized to conduct business in the Commonwealth of Pennsylvania. 3. The Defendant(s), Devlin Mareno, is/are adult individual(s) residing at the address contained in the above caption. 4. On sundry and various occasions, Defendant(s), with the use of a (or) credit card(s) issued by Providian National Bank pursuant to their credit card agreement(s), made various purchases of goods and/or merchandise with the use of the credit card(s) from authorized merchants. 5. The present outstanding balance which is due on the account(s) is $1,713.23; and, although repeated requests and demands have been made upon the Defendant(s) to satisfy the same in accordance with the terms and conditions of the credit card agreement(s), the Defendant(s) has/have and still refuse(s) to pay the same. 6. As a result thereof, Plaintiff has been forced to incur reasonable attorney collection fees in the sum of $344.11 in an attempt to legally enforce collection of the debt(s) due it from the Defendant or Defendants. 7. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, MarLyn Financial Services, LLC, as the assignee and/or purchaser of the credit card account(s) with Providian National Bank, demands Judgment against the Defendant(s), Devlin Mareno, in the sum of $2,057.34, with interest and costs. DATE : 410? O ED TO___, UIRE Attorney for Pla' tiff VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. N f.1 c? CC7 G. '(S y K rii?- m ? -? rJ w l ?t ? T _ _r, ?? C _ T"I l <a : ; s- _ ';i w .? ?. t- PROOF OF SEPMCE OF NOTICE OF APPEAL AND tiLE TO FILE COMPLA;NT ( h>s prop" of,,nn v Gr ? `CtST H.- F41 17,1 'NITHiN TF?J r.FTER f,hnu . c c±t;.'e ! . r ,bar C .:?, acr)N _,10 boxes) COMMONWEALTH OF PENNSYLYANOA PHILADELPHIA COUNTY OF_?._.T_._._____.__.-:88 AFFIDAVIT: therebys? ea,cafifirtr:thati3ecved 04-1971 Civil Term L ? a cony o5 I* Notice of Appeal, C r?,no f Pleas Nio upon fis ?(.,, i ' (date ofserwoe) _May 11 2004 ___ ! t by perscnai -orvice Nj L)y it=er ter'i i ,ytste ef, ill. ;enders feCeipt attaches `wet" at "' "y.Dn tirf, appe+ ei:. (r,a'rc --Deylin--Marena--.. --------- on -MU-J-1-2004 ---- by personal servlc( Uby !certified) ;reg(ster d' matt, 3e der* receipt a .ached hereto ? and furtharth3U a=v??cifhe+PUie tcf F+fea Crsvrpl afnr a?-c.:rtnpa.y ?r?ihe a,cv<: tJcn :a y!-A;opea! r{..r the aoa reefa`,'c?wharn jhe Ruse was addresst,d on ----------- ,ors ^err u c hy :>y K'D"? !'7aiSender ,WORN IRMFD) A SUNSC RiSED BEFORE ME THI 11 C OF May 2004 ._-- - .f G ? Signature of aftlant -----.__...------_-- U e of off,", ^efonl IhC 47 r ? wrS t.'. NOTARY PUBLIC TNe of ooscfa! ` My commission expres on NOTARIAL SEAL LYNDA STOCK, Notary Public City of Philadelphia, Phila. Count M Go M1011©n F4111o, A10114111) 20 C)' G r s- -o V7rn V7-1 U`' W C?(j y ,t CD COMNONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE Os AOPEAI. F2CM DISTR ICT JUSTICE JUDGMENT COMMCeI PLEAS Na NOTICE OF APPEAL Notice is given that the appellant has filed in the above CouTt of Common Pleas an appeal ram tie judgment -ende-ed by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MM; MSL NO OR N ANTE OF DJ iA3J,YN FINAi1Ci-A,, SERVICES, LLC 1 ADDRESS OF APPELLANT CRY SWE ZIP CODE ,.r c/o ?)tock ,i :,rimes, LL2, 304 West Avenue, Jenkin-own, IN DATE OF JUDGMENT IN THE CA OF (Rai An ! DefeneaM I 4/21/04 I `tarLyn Financial Services, LLC vs lei: i 'eP0 - -- CV 77-o4 EDWARD LT ? This bock will be signed ONLY when this notation is required under Pa R.CP.JP. No `Ift 1f° vtfaS CLAIM71'1tlT-(.Se6Pa7P.J.P. No. 1008& This Notice of .Appeal,. when received by the District Justice, will operate as a 1001(6) in action before QistrictJustice, he MUST SUPERSEDEAS to the judgment for possession in this case RLE A COMPLAINT within twenty (20) days after - ianature ofP,rothonoterv or Deoutv filing his NOTICE of APPEAL. PRAEGIPJk TO EIIITER 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 upon , appellee(s), to file acomplaint in this appeal Havre of agvfieeis) (Common Pleas No. ) within. twenty (20) days after service of rule or suffer entry of judgment of ron pros. SignB(we of AWOAWrt a his eff&r" W agar# RULE: To , appe"s): Mane Of appelke(s) (1) You am notified that a rule is. hereby entered upon you.to file a cofrploint in this apped_ within twenty (20) days -after the date of service of this rule upon. you by personal service or by certified, or registered nail y (2) IF you 8Wnot fife a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. m 4he dafe' of service of this rule if service was by Trail is the date of mailing. Date: -T.-- „;_ - SO-tat Of Promorloay -?t .N AOP0312-90 COURT FILE l+l V'1 N Postege $ Ji? EN%A, fTl Certified Fee r-I Ret / urn Receipt Fee C Q. (Endorsement Required) y F O Restricted Delivery Fee N O (Endorsement Required) o $ 1 s 8 F a ee Total Poebge „ a fir s ere . Devlin Marino ru N Street Mc No.. ------ 1 4 erPOepxNe 533' QI_ OCd--- Dr ive-_____ o o c stet zlP+a Pa. mecs?anicsburg, 1 7 0 5 5 r- I nm? N Ln N .9 N m v- C3 O O Q O .-a ru N r-1 O O R Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) May 7, 2004 Hon. Charles A. Clement, Jr. District Court 09-1-01 400 Bridge Street Olde Towne Commons - Suite 3 New Cumberland, PA 17070 Mr. Devlin Mareno Apartment 106 5332 Oxford Drive Mechanicsburg, PA 17055 Re: MarLyn Financial Services, LLC vs. Devlin Mareno District Court 09-1-01 No. CV-77-04 Court of Common Pleas Cumberland County No. 04-1971 Civil Term Dear Sir: On behalf of the plaintiff, MarLyn Financial Services, LLC, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas of Cumberland County on May 3, 2004 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR.. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. May 7, 2004 Hon. Charles A. Clement, Jr. District Court 09-1-01 400 Bridge Street Olde Towne Commons - Suite 3 New Cumberland, PA 17070 Mr. Devlin Mareno Apartment 106 5332 Oxford Drive Mechanicsburg, PA 17055 Re: MarLyn Financial Services, LLC vs. Devlin Mareno District Court 09-1-01 No. CV-77-04 Court of Common Pleas Cumberland County No. 04-1971 Civil Term Dear Mr. Mareno: On behalf of the plaintiff, MarLyn Financial Services, LLC, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas of Cumberland County on May 3, 2004 in regard to the above matter. Please be guided accordingly. Very truly yours, EDWARD STOCK ES:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Devin L. Marino 5332 Oxford Drive Apt# 106 Mechanicsburg. PA 17055 MARLYN FINANCIAL SERVICES, LLC ASSINEE OF PROVIDIAN NATIONAL BANK c/o Edward Stock, Esquire 804 West Avenue Jenkintown, PA 19046 Vs. Devin Marino 5332 Oxford Drive Apt# 106 Mechanicsburg, PA 17055 AASWPr Civil Action Defense Defendant 1. I had used the plaintiffs' credit card on various occasions over four years ago to purchase car rentals, hotel rooms, and various other items. 2. I stopped using the credit card and paying the fees once I found out that the plaintiff was raising my credit limit without me instructing them to do so. 3. I used my funds to secure my credit with the plaintiff and when the plaintiff starting acting in a manner that was not in accordance with our agreement, I decided to cancel the credit card. 4. I believe that the present balance that is duce on that credit card should be $0 because it was my money backing my credit limit and the plaintiff didn't lose a dime. 5. In conclusion, I feel that this case should be thrown out because the plaintiff is just trying to collect money that is not rightfully due to them. The credit agreement became void in my eyes when the plaintiff started using my payments to raise my credit limit instead of applying them to the credit that I used. DATE: I"lar?no Defendant C) r? N .4rn 10 f"0 Ul Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary office of the Vrotbanotarp Cumberlaub Cuuutp John E. Slike solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES ?rx F NOVEMBER 2007 AFTER MAILING HE ABOVE F AND NOW THIS 5 DAY O gECEIVING N - RESPONS INTENTION TO PROCEED AND WITH PREJUDICE IN ACCORDANCE WITH PA CASE IS HEREBY TERMINATED R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 n.,P rnnrthouse Square