The URL can be used to link to this page

Home My WebLink About10-7028COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I D -7j .J-e 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 NAME OF DJ. K U L uJ A 11/7 kf,4`D""` O - 3-D?1 TN- 0M Pl-1? C ADDRESS OF APPEUANT CRY STATE ZIP CODE Q Z-n 3 i? M !: Ct f R Vul )9 V a 17 0 DATE OF JUDGMENT IN THE CASE OF (PWnffl) dp. A 10 / C'l / l a E A P I i N je AJ ,!57 Q?NV n Sq K A (_*9 k y L u/fi tv1 C V- 0 6 0 0 Ll 1 _5__/0 when this notation is required R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was Claimer# (see before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SO-ft e d R-Iwn twy w Dapb 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 14 Q c, e f L N 0 5A appeNee(s), to file a complaint in this appeal Name of amolm(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. C Q ?? j r- L t) NE A /V 1 K-_ 0 S,gnafure of appellant or Y a elf RULE: To appellee(s) Name of appellees) (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. Date: N 61 1, ', 20 / 0 Woo SjWmhh ofProtwnotaryorDepuly fd V!e•? YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE . 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 ? 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 official before whom affidavit was made Tide of official My commission expires on 20 Signature of afriant 4-81- Rd f7? COMMONWEALTH OF PENNSYLVANIA tall ]MTV OF- CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 5275 E TRINDLE RD STE 110 MECHANICSBURG, PA Telephone: (7 17 ) 761-8230 17050 KULWANT KAUR 44 BAYBERRY DRIVE MECHANICSBURG, PA 17050-3188 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS CAPITAL ONE BANK (USA), N.A. 425 EAGLE ROCK AVE. C/O PAUL J KLEMM, ESQ. LROSELAND, NJ 07068 J VS. DEFENDANT: NAME and ADDRESS FKAUR, KULWANT 44 BAYBERRY DRIVE MECHANICSBURG, PA 17050-3188 L -? Docket No.: CV-0000415-10 Date Filed: 7/12/10 r (Date of Judgment) 10/12/10 ® Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 4,231.8 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 $ 4,087.87 Judgment Costs $ 144.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,231.87 Post Judgment Credits $ Post Judgment Costs $ I Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that thliss is a true `? /0 Date s My commission expires first Monday of January, 2016 CAPITAL ONE BANK (USA), N.A. KAUR, KULWANT Magisterial 6strict Judge e pr eedings containing the judgment. Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 10/12/10 9:48:00 AM CAPITAL ONE BANK (USA), N.A., ,Plaintiff, V. KULWANT KAUR Defendant District Court 09-3-04 CV-0415-10 SUMMARY OF FACTS Plaintiff brings this action to recover payment on a credit card/line of credit, denominated here as account 1608, in the amended amount of $4,399.87.1 Plaintiff submitted documentation in support of this claim and called Defendant as its only witness. The first exhibit is a copy of 10 monthly statements showing February 2009 through November 2009. The second exhibit is an unreadable "customer agreement" that fails the plain language test. Defendant testified that account 1608 was opened four or five years ago to take care of household bills. Minimum payments were being made until illness prevented it. It was further indicated that a lump sum settlement would be preferable to time payments for the full amount. Defendant believes that Plaintiff is owed $3,000.00 based on what was charged to that account. DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant has breached an owed duty, which has resulted in measurable but mitigated damages. In this case the owed duty is acknowledged; specifically that Defendant agreed to pay Plaintiff for the credit issued. The purported terms of the customer agreement being unreadable are unenforceable. The remaining issue is what are the damages for Defendant's breach of the general agreement to pay. In review of the statements presented Defendant owes for purchases made and finance charges accrued on those purchases.2 The additional "transactions" fees charged monthly for past due and over the limit fees at $39.00 each are not found to be part of the general agreement. These amounts ($312.00) shall be reduced from the total due. It is noted this Court has previously found that the combination of finance charges, past due fees and over limit fees on small credit lines is usurious; however, this finding is not applied to this case. ' Pennsylvania Code Title 204 at Section 213 permits use of only the last 4 digits of a financial account or security number and the filed claim was for $5,330.92 2 It is recognizedthat 29.40% is the finance charge. Judgment is in favor of Plaintiff in the amount of $4,087.87 together with the cost of this action. All parties have been previously advised of their appeal rights and the original exhibits have been returned to the presenting parry. By the Court, 12 Oct 2010 ' Date Thomas A. Placey M.D.J. COMMONWEALTH OF PENNSYLVANIA cOMT OF e0 ow" PLIEM NOTICE OF APK& Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT No. /Q -76 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appal from the judgment rendered by the District Justice on the date and in the case:referenced below. NAME OF APM-LART 1 NNG. DIST. NO. NAME OF D.J. A/ tpcd L U?_) rT kAuR c I F C ADDRESS OF APPELLANT / CITY STATE Z1P IDE G SEAR 3 ?1 Ct-rri'/ Ill C? 17 r?T( DATE OF.AX)GMENT IN THE CASE OF (PWnM (D.afMd nl)' ! P, l 1 ;? 1 t r-) C A P ) t A / in Al ? D A-Al U. A k A t.. i? k L L,A,/A rv c \/ c C, C, C> L-1 1 _..- J ) This block will be sued ONLY when this rotation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Sowtum of PmffjonoWy or D.pdy If appellant was Claimant (see Pa. R.C.P.D.J. No.`1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appepee. PRAECIPE: To Prothonotary F 6 ? f !1 K '1 . t _7 aPPellee(s), to file a complaint in this appeal Enter rote upon C. r# T k , ?NNM of appo#Ws) sef ,Qntry of judgment of non pros. (Common Pleas No. a?/ r )within twenty (20) days after service of rule or suf T4 L,,, C / v G 8/4/V , softis.o/ ora y ora wv RULE: Tod ?/ _._ n ?"frF Name of AAWSWS) N sN tr w t? (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twe* d r the date of service of this rule upon yoaaby per! service or by aernftd or re&htred mail. (2) If you "#16 a nt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAKST YOU. (3) ote.of so 'ceaof this nee if service was by mail is the date of the mailing. Date:??? 0PA*14naboy or Dspaary YOU MUST DE iK COPY OF THE NOTICE OF JUDGME (TRANSCRIPT FORM VON THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -copy TO' BE SERMON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE r-1 (Domestic No Insuran ce • I_ Provided) ''? t,t - • For delivery information visit our web site at I a ,n ?nst?g? a v n, GertNied vef I ''. , f, 4P ark 4 O Return Receipt Fee 14re ED ( darsement Required) O estricted Delivery Fee (Endorsement Required) - - Q i _a Total Postage 8 Fees a Sent To O r-q Street, Apt. ----------------------------------- ------------------------------- . or or PO Box No. ........--• .................-- ----°---__.... .-•-...-------•-- City, State, ZIP+4 REC EIPT t Provided) 77 } Ir? Ln J i C3 ? p orsernnrt noire.) i nd 7 ? 1-3 l 3estrcted De iver/ ren ( nd<r e?ne?nt 1 t rredt , ?___ __. .. _. _a Total Postage & Fees $ 0 ----------------- .-_._..._- St t A t N ---..----------------------------------------- 0 , ree o.; p M1 or PO Box No. -------------"°----------------------------- -------------------- ----°•------------------ City. StaC:, ZIPf4 :• 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 C Alr4bt l?^&A ; 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) b0,20 ? by personal service tl?l' by (certified) (registered) mail, sender's receip attached hereto, and upon the appellee, (name) on 20 4?W by personal service by (certified) (registered) mail, sender's rece pt attached hereto. (SWORN) (AFEtRMED) AND ??$r%?'?AY THIS ?'-tiDAY OF ? .t, f t _ Vr My ME k4 fA Z? glgyaturpr arrant t. Z*=- -} M III David -2). Bue(x Prothonotary Office of the Prothonotary Cum6erland[County, Pennsylvania xyrkS. Solionage, ESQ Solicitor " !C%8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • CarCisCe, 4'A • Phone 717 240-6195 • 'Fax 717 240-6573