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HomeMy WebLinkAbout11-1732COMMONWEALTH OF PENNSYLVANIA } COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 1/-17-39 f?iI 7n# 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST NO. NAME OF MDJ EQUABLE ASCENT FINANCIAL LLC 09-1-01 CHARLES A. CLEMENT JR ADDRESS OF APPEILAN I CI rY STATE LIP CODL 1120 WEST LAKE COOK ROAD BUFFALO IL 60089 UAl E OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) 01/18/11 EQUABLE ASCENT FINANCIAL LLC ?n JOYCE NORRIS DOCKET No SIGNATUR F APPELLANT ATTORNEYOR AGEChr CV-610-10 1 i/ 1A/! This block will be signed ONLY when this notation is required under Pa. If appellant was Clal ant (see Pa. R.C.P. .J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A C PLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPPJEAL. Signature of Prothonotary or Deputy (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 Magisterial District Judge. 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 appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To 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. Date: .20 _ Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO TILE AOPC 312-05 Fit EU-OFFIU THE PROTNONOTAR 2011 FEB 15 AM 9' " CU LVANIATY PENNSY o,to gI.gS ?d CI.L* 11111 ll? p#y4w Pi# COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Michael Ratchford, Esq. 120 N Keyser Ave Scranton, PA 18504 Disposition Summary Docket No Plaintiff Defendant MJ-091 01 -CV-0000610-201 0 Equable Ascent Financial Joyce Norris Notice of Judgment/Transcript Civil Case Equable Ascent Financial V. Joyce Norris d10 Sr4te (UW 6wuberlancl, PA 17676 Docket No: MJ-09101-CV-0000610-2010 Case Filed: 11/3/2010 Disposition Disposition Date Judgment for Defendant 01/18/2011 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 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 Magisterial District Judge Charles A. Clement Jr. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315 Page 1 of 1 Printed: 01/18/2011 3:05:36PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUABLE ASCENT FINANCIAL LLC 1120 W LAKE COOK ROAD CIVIL ACTION BUFFALO GROVE, 60089 Plaintiff vs. JOYCE NORRIS 210 BRIDGE STREET New Cumberland PA 17070-2126 Defendant rq nn NO: <> cn C) 7 o -r° x" c C) CD n NOTICE TO DEFEND 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 to Defend 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 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUABLE ASCENT FINANCIAL LLC CIVIL ACTION 1120 W LAKE COOK ROAD BUFFALO GROVE, 60089 Plaintiff NO: vs. JOYCE NORRIS 210 BRIDGE STREET New Cumberland PA 17070-2126 Defendant COMPLAINT Plaintiff, EQUABLE ASCENT FINANCIAL LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: Plaintiff, EQUABLE ASCENT FINANCIAL LLC, (hereinafter "Plaintiff") is a corporation with a principal place of business located at 1 120 W LAKE COOK ROAD BUFFALO GROVE, 60089. 2. The Defendant JOYCE NORRIS (hereinafter "Defendant") is an adult individual residing at 210 BRIDGE STREET New Cumberland PA 17070-2126. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by GE CAPITAL CORP with the account number 6030090205697453. 5. The within account was sold by GE CAPITAL CORP to EQUABLE ASCENT FINANCIAL LLC for valuable consideration and all rights under said accounts were assigned to EQUABLE ASCENT FINANCIAL LLC. 6. Use of the GE CAPITAL CORP credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Credit Card Agreement attached hereto as Exhibit "A") 7. Defendant used the GE CAPITAL CORP credit card account number 6030090205697453, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made a payment on June 20, 2009. 11. The total amount due and owing the Plaintiff including interest, is $5,409.07. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $5,409.07 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Ab/hd Assoc. Michael F. Rsquire Heather K. Wsquire Attorney I.D5/207805 120 North KScranton, PA mratchford@ hwoodruff(a? VERIFICATION I, Michael F. 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