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Home My WebLink About11-7920I COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. J? - 79x0 Ciy rarm 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. :11;1r>r•? 3e?tt: e, ItrlDJ-09 3-d3I ?narable. St.?n (S. Dn ADDRESS OF APPELLANT CITY STATE ZIP CODE 111 Ck em n Car 1 I's I e. ?PC 17012 DATE OF JUDGME T IN THE CASE O (Plan iifl) e?.... In deS (Defendant)' 0100 ZN c C.?o R mma. o ssoc..'P- C• - DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MT 0g303-CV-0000214-2011 ? Case F; Ital. 7 /aD /A011 This block will be signed ONLY when this notation is required under Pa. If appellant was Clatman (see Pa. R.C.P.D.J. No. 1001(6) in action 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 riling the NOTICE of APPEAL. Signature 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 3Ip ?g? I, clD AmmASW ?,(-' , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ' f _aQ (IIWT`°f'IM1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 7 Signature of appellant or aftomey or agent RULE: To %41rnMW-0' 4P,6C}m -P. C`' 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: /8 201f gnature ofProthonota ql? tOy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL 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 NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TfW(1 Q) 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 afllant Signature of official before whom affidavit was made Title of official My commission expires on 20 001'99e,04 O -6m va 51,'1 b# VINtlAIASNN3d IN= 0Nb` HAWA3 L 0 :11 pia 911001101 DAUNOHAdd 3NI ' or COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 William Beattie 111 Clemson Drive Carlisle, PA 17013 Disposition Summary BLUESTONE INVESTMENTS INC C/O AMMMATO & ASSOCIATES P.C. V. William Beattie Docket No. MJ-09303-CV-0000214-2011 Case Filed: 720/2011 MJ-09303-CV-0000214-2011 BLUESTONE INVESTMENTS William Beattie Judgment for Plaintiff 09/19/2011 INC GO AMMMATO & ASSOCIATES P.C. Judgment Summary Participant Joint/Several Liability Individual Liability Amount William Beattie $0.00 $5,451.15 $5,451.15 Judgment Detail (*PostJudgment) In the matter of BLUESTONE INVESTMENTS INC C/O AMMMATO & ASSOCIATES P.C. vs. William Beattie on 9/19/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Seveml Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,295.15 $5,295.15 Filing Fees $0.00 $156.00 $156.00 Grand Total: $5,451.15 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 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-41 THE COURT OF COMMON PLEAS, ANYONE INT€RESTED 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. .. egg ' •"+a.4. Date Magisterial District Judge Susan K. Day certify a is is a rue an correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Susan K. Day MDJS 315 Page 1 of 2 Printed: 09012011 1 t06:30AM l COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) C , -, BLUESTONE INVESTMENTS, INC. rm :c ? - rte = ., Plaintiff v cr Ck -+c v. No. 11-7920 CIVIL TERM Co a C-) , IAM BEATTIE • ZCp cam' WILL Defendant CIVIL ACTION -- ANSWER AND NOW comes the Defendant, William Beattie, and files this answer to Plaintiff's complaint. 1. Admitted. 2. Admitted. 3. Admitted that at some time Defendant had a CHASE account. It is denied that the account was established at the request of the Defendant or that it was with Chase Bank USA, N.A. or its predecessor in interest. 4. It is admitted that Defendant used his CHASE credit card but is not a where of any written terms and conditions and strict proof of any written terms or conditions is demanded. 5. Admitted that years ago Defendant used his CHASE credit card. Denied that Exhibit "A" is a true and convect statement of Defendant's account. Admitted that Defendant received billing statements, but Defendant denies that the statements as "Exhibit B" accurately reflect the use of the CHASE card or accurately reflect the costs and expenses related to the use of the CHASE card. 6. Denied that "Exhibit C" bills of sales evidence the transfer of any rights to Plaintiff of any account related to Defendant. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that this "claim" was assigned, transferred and set over to Plaintiff. 7. After reasonable investigation the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment that there was an assignment or that Plaintiff acquired legal title to Defendant's credit card account. 8. Denied that Defendant did not adhere to the agreed-upon repayment obligations, rather Defendant made numerous payments over the years to CHASE. Denied that Defendant is in default of agreed-upon repayment terms. 9. Denied that the total amount which became due as a result of the use of the CHASE card is $4,707.09. It is denied that proper credit has been given for payments made and that the proper interest, fees and costs were applied. 10. It is denied that Plaintiff has made demand for payment other than by filing this complaint. 11. No responsive pleading is required. 12. Denied that Defendant requested benefits from BLUESTONE INVESTMENTS, INC. Admitted that at some point, years ago, Defendant had a CHASE account. 13. Admitted that years ago Defendant used a CHASE credit card. Denied that Defendant ever received or benefited from services of Plaintiff. + M 14. Denied that Defendant ever knew Plaintiff was providing him with services or that Defendant was obligated to pay Plaintiff for services. Defendant admits that he is responsible to CHASE to pay for any purchases made with his CHASE credit card. Defendant has made numerous payments to CHASE for purchases made with his CHASE credit card and does not know his outstanding balance, if any, to CHASE. 15. Denied that Defendant permitted Plaintiff to provide any services. Any actions of Plaintiff regarding Defendant's account were voluntary and not dependant upon the actions of Defendant. At anytime Plaintiff could have cancelled Defendant's account. 16. It is denied that Defendant did not pay for services. It is denied that Defendant: was unjustly enriched by Plaintiff's actions. 17. Denied that Defendant has received a benefit from Plaintiff and therefore there was no unjust compensation. 18. Denied that there was a contract between Plaintiff and Defendant or that Defendant owes Plaintiff $4,707.09. WHEREFORE Defendant requests that this honorable court dismiss the Plaintiff's complaint. WILLIAM BEATTIE, PRO SE 111 CLEMSON DRIVE CARLISLE, PA 17013 717-245-0756 ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW BLUESTONE INVESTMENTS, INC. Plaintiff vs. WILLIAM BEATTIE Defendant No. 11-7920 Civil Term 2`ti CIVIL ACTION JOINT PRAECIPE 'I'O llISCONTIN ~E WI'I'H PREJUDICE t:# ... w~ ~ =~_~ ~ ~. ~~ n-. ;,_ ~. -~ :~ ~; -..4 ;~, .. -~~ ~ ~_ >=_ ~._.~ TO THE PROTHONOTARY: Please discontinue the above-captioned case WITH PREJUDICE. AMATO AND L ESSA, P.C. By: By: Ronald Amato, Esq., Atty ID i~32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 William Beattie Attorney for Defendant 111 Clemson Dr CARLISLE PA 17013-8891 717/245-9687