Loading...
HomeMy WebLinkAbout04-3071NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND JUOICIAL OISTRICT 09-2-01 FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice ~s g~ven 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. BANK OF AMERICA, N.A. (USA) 4161 Piedmont Parkway 09-2-01 Greensboro NC 27410 6/14/04 Bank of America, N.A. (USA) Vicki Morley __ T~is block will be signed ONLY when this notation is re(uired under Pa. ~ , was Clalrnant (see Pa. R.C.P.J.P. R.C.P.J.P. No. 1008B This Notice of Appeal, when received by the District Justice, will operate~ N~ 1001(6) fi7 action before District Justz~e, he aSUPERSEDEASto the judgment for possession in this case / MUST FILE A COMPLAINT w/thin twenty (20) days after fibng his NO T/CE of APPEA L, S~gna~ure of Prothonotary or Deputy PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE [This section of form to be used ONLY w/~en appellant was DEFENDANT (see Pa. R.C.P.J.P. No. lOOl(?) in act/on before Dl'strl~t JustiCe. IF NOT USED, detach from copy of not/ce of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. · appellee(s), to file a complaint in this appeal Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros, RULE: To_ , appellee{s) (t) 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 servme of this rule upon you by persoqal serwce or by certified or registered mail. (2) If you do not file a complaint wit.bin this time, a JU,.DGMENT 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: 20__. AOPC 3 t 2-~!~4 COURT FILE TO RE FILED WITH PROTHONOTARY BURTON NEll, & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA VICKI L MORLEY : NO. 04-3071 Civil Defendant : CIVIL ACTION - LAW Praecipe to Substitute Verification To the Prothonotary: Kindly substitute the attached verification for the attorney verification filed with the Complaint. BURT~]I, & ASSOCIATES, P.C. BY: .Ya~le. ~/~s,t~.n, E~s qu ire A?gfor Plaintiff Verification (Name of authorized representative) (Title or Position) for, Bank of America, N.A., the within Plaintiffin this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Vieki L. Morley 4319030005075960 D~,y OF BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff VICKI L MORLEY 18 Longstreet Drive, Carlisle PA 17013-8112 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. - 30 / 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 LAIVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFF/CE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAVqYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFF/CE MAY BE ABLE TO PROVIDE YOU VqITH 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 56578 BURTON NElL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610~696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff VICKI L MORLEY 18 Longstreet Drive, Carlisle PA 17013-8112 Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Complaint The plaintiff is Bank of America, N.A. (USA) with place of business located at 4161 Piedmont Parkway, Greensboro, North Carolina. 2. The defendant is Vicki L. Morley, who resides at 18 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account number 4319030005075960 for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. A true and correct copy of the terms and conditions of the account is attached hereto and marked Exhibit A 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances fi.om vendors who accepted plaintiff's credit cards. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit cards by making/obtaining pumhases of goods, merchandise and services and/or cash advances fi.om vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including late and/or finance charges. The balance due for the charges made by the defendant including any late or finance charges is $3,534.17. 6. Defendant did not pay the balance due upon receipt of the billing statements and is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $3,534.17, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees fi.om defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $706.83. Wherefore, plaintiff demands judgment against the defendant in the sum of $3,534.17, attorneys fees in the sum of $706.83 and the costs of this action. Y'~./~ einstein, Esquire Atto~for Plaintiff The law firm of Burton Nell & Associates is a debt collector.// VERIFICATION Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, Bank of America, N.A. (USA), in the foregoing matter, that he is authorized to take this verification on its behalf; and that the facts set forth in the foregoing complaint are tree and correct to the best of his knowledge, information and belief subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to autho!;i:fies. Date' f~ ~;.. ~Ya] ~~i~i-'''-'''~ ~ n, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Ma,§ Oist No: 09-2-01 DJ Name: Hon PA[Tr_.,~ P. Address: 1 COURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240"6564 17013-0000 BANK OF AMERICA, N.A. (USA) PO BOX 356 C/O BURTON NEIL & ASSOC WEST CHESTER, PA 19381-0356 TRIS IS TO NOTIFY YOU THAT: Judgment: ' - ~ Judgment was entered for: (Name) ~'] Judgment was entered against: (Name) NOTICE OF JUDGMENT/'rRANSCRIP'I CIVIL CASE PLAINTIFF: NAME and ADDRESS rBANK OF AMERICA, N.A. (USA) PO BOX 356 C/O BURTON NEIL & ASSOC ~EST CHESTER, PA 19381-0356 VS, DEFENDANT: NAME and ADDRESS ~MORLEY, VICKI L 18 LONGSTREET DRIVE CARLISLE, PA 17013-8112 Docket No.: CV- 0000083 - 04 Date F led: 3/17/04 FOR DEF~DANT m~'qK* ~ AlW~R~C~, N.~. (USA) in the amount of $ . ¢1¢l on: ~] Defendants are jointly and severally liable. r-~ 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 of Judgment) R/14/04 (Date & Time) Amount of Judgment $ .0 0 Judgment Costs $ .0 0 Interest on Judgment $ . O0 Attorney Fees $ .0 0 Total $ . O0 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. I certify that this is a tru~'an~cor~, ct-co/~of the re~,q~ M6y-clo4~ilssion eD~Z:4pires first Monda~r'~L~ry~ ~ ~, District Justice ,~.~. ~dings co~¢ng ,he judgment. , ..... District Justice SEAL AOPC315-03 DATE PRINTED: 6/14/04 3:53:42 PM F NOT :'E OF XPPEAL AND F LI[ 'Z' ~ FIL.E C~¢~P:~INT ~ ' ~ CO~NWE~H 0¢ PENNSylVaNIA %" .... AFFIDAVIT: hereby sweat or affirm tha selved _~ .... Z~, 200~ ] by r]'rsonal se~vlce ~ lay ce,tH ,:c :,eg,ster/ ed) mail se~er s~cei~t atta~Jberat~< the Rule w~ a~r~sed :;r:- ' '~ CO~O.WEALm OF FE".S?~ coua* OF CO. MVO. PLEAS JUOiCIAL DISTRICT 09-2-01 NOT~P.E OF A~ ~: FROM DISTRICT ~STICE JUDGMENT COMMON PLEAS "O. ~ -- ~?/ NOTICE OF APPEAL Notice is gwen 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 mentio~ed below. B.Uf[ OF AKEILiC~, t{.A. (USA) 09-2-01 4161 Piedmont Parkway Greensboro NC 27410 GM 20/0 } r This block will be signed ONLY when this notation is reruired under R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate~/s a SUPERSEDEAS to the judgment for possession in this case. Oa,' ant (see-Pa. ,.c.P.J.P. NO. 1001(6) ,'n action before O,'str/kt Just/ce, he MUST FILE A COMPLAINT within twenty (20) days after filing h/g NO TICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE {Th/s sect/on of form to be used ONLY when appel/ant was DEFENDANT (soo Pa. R.C.P.J.P. No. I001(?) in act/on before District Just/ce. IF NO T USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. · appellee(s), to file a complaint in this appeal Name of appellee[s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of appellee(s) Signature of appel/ant or his attorney or agent (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 serwce or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WiLL BE ENTER ED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mai/lng. Date: 20__. ~ , i; .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Bank of America PO Box 356 C/O Burton Nell and Associates West Chester, PA 19381-0356 VS Vicki L. Morley 18 Longstreet Drive Carlisle, PA 17013-8112 Defendant ) ) Case No. ) ) ANSWER ) CV-0000083 -04 DEFENDANT'S ORIGINAL. To Honorable Judge of Said Court: NOW COMES, Defendant, Vicki L. Morley, and files this DEFENDANT'S ORIGINAL ANSWER responding to PLAINTIFF'S ORIGINAL PETITION and would show the Court as follows: L GENERAL DENIAL DEFENDANT Vicki L. Morley, and no other who does now enter a GENERAL DENIAL to the unverified complaint and who, reserving ail affirmative defenses, does now demand a BILL of PARTICULARS fi.om the Plaintiff showing the account upon which the plaintiff sues with each and every debt, credit and. baiance fi.om inception to date of filing, and the signed application. Wherefore, Defendant prays that, this honorable court enter judgment in favor of Defendant, that Plaintiff take nothing by way of the complaint, and that Defendants be awarded necessary attomeysdpreparation fees, court costs and such other and further relief that this court deems just, reasonable and fair or cailed for by law. Dated this 27t~ day of Augnst, 2004 PROOF OF SERVICE BY MAIL My name is Vicki L. Morley On the 27th day of August, 2004. I did personally place in th,e United States Mail at: 18 Longstreet Drive Carlisle, Pa 17013-8112 An envelope with postage prepaid addressed to claimant's counsel as follows: Burton Neil and Associates, P.C By Burton Neil, Esquire Idemification NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 In this envelope was a document entitled: ANSWER Executed this 27th day of August, 2004. I declare under penalty of perjury under the laws of the state of Pennsylvania that the foregoing is tree and correct. TgPE bR pm rr Ni m · SIGNI~FURF~ BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff VICKI L. MORLEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-3071 CIVIL CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiff by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a complaint against defendant for the credit card balance due it. 2. Defendant filed an answer which generally denied the allegations of the complaint. 3. The pleadings are closed. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiff moves this Honorable Court for judgment on the pleadings. BURTONdq~fiL & ASSOCIATES, P.C. Burton Neil, Esqufre Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. BANK OF AMERICA, N.A. (USA) Plaintiff VICKI L. MORLEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA No. 04-3071 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this day of ,2004, upon consideration of the Motion of PlaintiffBank of America, N.A. (USA) for Judgment on the Pleadings, it is hereby Ordered, Adjudged and Decreed that judgment on the pleadings shall be and is hereby entered on behalf of Plaintiff and against Defendant Vicki L. Morley in the stun of $3,534.17 together with attorney's fees of $706.83 for a total judgment of $4,241.00 plus the costs of this action. By the Corn:t: A copy of this Order shall be mailed to: Vicki L Morley 18 Longstreet Drive, Carlisle, PA 17013 Burton Neil & Associates (Attorneys for Plaintiff) 1060 Andrew Drive, Suite 170, West Chester, PA 19380 BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire Identification No: 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. Plaintiff VICKI L MORLEY Defendant IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-3071 CIVIL : CIVIL ACTION - LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law,. deposes and says that he is attorney for plaintiffBank of America, N.A., that he served a true and correct copy of the Plaintiff's Motion for Judgment on the Pleadings, Proposed Order, Praecipe for Listing Case for Argument and Memorandum of Law onpro se defendant, Vicki L Morley, by first class mail, p°stage pre-pail °n tlc date set f°rth bel°w' ~ . Dated: q/a~'t//J~t~ __ ~--~'~'~' x~'"'"~"'-"~' ( Burton Neil, Esquire In making this communication, we advise that this office is a debt collector. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argmnent Court. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. VICKI L MORLEY Defendant NO. 04-3071 Civil State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complait, etc.): Plaintiff's Motion for Judgment on the Pleadings Identify counsel who will argue case: (a) for plaintiff.' address: Burton Neil, Esquire c/o Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: address: unknown; defendant is pro se Vicki L Morley, 18 Longstreet Drive, Carlisle, PA 17013 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: November 10, 2004 ~efl, L~s~., Attorney for the Plaintiff The law firm of Burton Neil & Associates is a debt collector. BANK OF AMERICA, Plaintiff V. VICKI L. MORLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3071 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE HOFFER, P.J., OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 12th day of November, 2004, upon consideration of Plaintiff's Motion for Judgment on the Pleadings,~ the motion is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of $3,534.17, plus attorney's fees in the amount of $706.83 and costs of suit. BY THE COURT, Burton Neil, Esq. 1060 Andrew Drive Suite 170 West Chester, PA 19380 Attorney for Plaintiff Vicki L. Morley 18 Longstreet Drive Carlisle, PA 17013 Defendant, pro se yWesley Oler, Jr., J. :rc ~ This matter was on the argument court list for November 10, 2004. Plaintiff submitted a brief, but Defendant did not.