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HomeMy WebLinkAbout04-5186*55, A5- ("A's u COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL ©cf. Is, ao0y 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 I'll-G. DIST. NO. E OF D.J. rbEcoaFS C. p 1=('Aqc.y I C 3 -o f `DAMr Aill Tz . VENCER I7?_S ADDRESS OF APPELLANT f 1 c?CITY STATE ZIP CODE 5800 VJexhkk 0 "M Rd sh6G Y{}• r)zsn pATE OF JUDGMENT N THE CASE OF(Plainfif) Q (Defendant)' o y 1llerL.ISfIlties Co nc?wnVe DE?oRes ai .er?y DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 1 CV , 0600 M-1 - O y This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.4 D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. 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 filing the NOTICE of APPEAL. Sgnature 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 L% Sli l C0 R& } ro% L, L C appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.•I C t'y j)i ) within twenty (20) day, \af\tt\er service of rule or suffer entry of judgment of non pros. NM,.u) C. c, W /P? o.? SignaCUre olap llant or attorney or agent /RULE: To '??g41Sa,D?.S ?p1lnc?tOh QC appellees) V 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. JJyyyy - . `l -..`?` // Date: 2001 ?0 I Signature ofProi y or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. oy_ S I b r?, t yi COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (T axis proof of service MUST BE FILED WITHIN TEN (16) DAYS AFTER fibrig of the notice of appeal. Cr?eck appltaable boxes. i COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal. Common Pleas No, upon the District Justice designated therein on ("date of service) 20 ? ny personai setviee [ - Dv (cettit &d' {ieglste odl ineii, sender's receipt attached hereto, and upon the appellee, (narne) 20 by personal service by iredifiea_+t (registered) mad, sender's receipt adachrad hi-reto (SWORN) (AFFIRMED) AND SUBSCRIBED REFORE ME THIS DAY OF 26 _ ynahveof aP/?urll sfgnature of official before whom atflcYevit was made pfle of official My commission expires an 2G AOPC 312A - 02 Oct'1S 2004 1:15PM HP LRSERJET 3200 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIP' COUNTY OF: CUMBERLAND CIVIL CASE Mag. 0,9t. No . 09-3-01 PLAINTIFF: NAME aM ADDRESS _ rPALISADES COLLECTION LLC DJ Name Hon. 267 E.MARRET ST HAROLD E. HEWER YORK, PA 17403 Addmsa. 35 N ORANGE STREET L P.O. BOX 361 VS. SHIPPENSBDRG, PA DEFENDANT: NAMEa.d AOORESS Talepnon,m (717) 532-7676 17257.0361 rDELANCY, DELORES C _ 580 WALNUT BOTTOM RD SHIPPENSSVRG, PA 17257-9604 HAROLD E. BENDER 35 W ORANGE STREET L J I Docket No.: CV-0000193-041 P.O. BOX 361 Date Filed: 7/30/04 SHIPPENSBURG, PA 17257-0361 THIS IS TO NOTIFY YOU THAT: -'-' Judgment: TISFAULT MMICIMRNT PToTF ® Judgment was entered for: (Name) PAT.7SAnlta ['?T.T.ATamTnTd T.T.r ® Judgment was entered against: (Name) nRT.ANCT, nRT.ORRS C in the amount of $ 2,1502 75 on: (Date of Judgment) q/7 5/na ? Defendants are jointly and severally liable. (Date & Time) ?RREZ??=b C.?f'Y 17 Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. §13127 $ r? Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2.38¢50 Judgment Costs $ 110:25 Interest on Judgment $ . 00 Attorney Fees $ .00 Total $ 2,502.75 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 JUDGMENTITRANSCRIPT 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. 9--145-A4 Date /QEJQ4,o, ? S,' moo" Dom- Efistro Juetice I certify that this is a true and correct copy of the record of the proceedings?tontaining Jhe:judgment. Date -Dtstrict justice My commission expires first Monday of January, 2006. SEAL AOPC315-03 DATE PRINTED: 9/21/04 10:27223 AM ? _? ?? ?. , -... -ems -, .' -? S '"? _._ ?, `D • N T (?T ?= PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of Service MUST BE FILED WITHIN FEN (10) DAYS AFTER filing of file notice of appeal. Check applicable boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF C U 1til Oar `0.r?0?. as AFFIDAVIT: I Hereby (swear) (affirm) that 1 served OT?S IVG a copy of the Notice of Appeal, Common Pleas No upon the District justice designated therein on . date of seniice) 200 by personal service ;? by (certified) (registered) mail. lee, (name) IIRRISe4D?5 GeJj??rON, sender's receipt attached herein, and upon the app l _. ? LLC., on. personal service oy (Certified) (reg1si<,rea? rnW. /e' sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Stgnnt"e of oftlciaf aefom whom afddav+( was made ofafroam- flue of Omc+i+ My commission expires 0n 20 C7 J ^? ;nl `4r- N _ - -J F'c_ [V fJlE7 > .. p =- -. jj IV "< AOPC 312A - 02 :OMMONWEALTH OF PENNSYLVANIA yJ. a? COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County of FROM DISTRICT JUSTICE JUDGMENT L`111RAUAKJ e1 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an a OJ . Is, any the date and in the case referenced. below. PPeal from the judgment rendered by y the District Justice on ?Lo Rrc5 C 0 C_V - OVC)® /qi3 _ G y 01-1 - 0088 .,.y, wnen mis notation is required under Pa. R.C. P.D.J. No. 1008B.' . This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was F C-- Val ?? a ?, o --- . -....,.., ..,.,,. ,.o. luur(o) In action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRASCIPE TO -ENTER RULE TO-FILE COMPLAINT RULE TO fl@E (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 f Enter rule upon Ca(lot !'or, appellee(s), to file a complaint in this appeal Name of appellee(s) -_ (Common Pleas No. Q-?,r pS?a t v r? ) within twenty (20) d 7 after service of rule or suffer entry of judgment of non pros. n f RULE: To ?A41?Ap _S Signature o/ap Nant or attomeyoregant V nl'cc?tc tl Qt" ,appellee(s) (1) You a+ngtifietl^th?y'gult?iiy hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule An yo`0`by personal 4e,CUIv±e or. by certified or registered mail. (2) 1fto'u do not file a complaint htn this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. s > (3)y The dale(of service' of this rule-tf'snrvice was by mail is the date of the mailing. 00 ii Date: A ? 1 S 200' ,, r r i. ? Signature efP' or Deputy YOU MUS'tIN LUDEI? COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 CWRT FILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-5186 CIVIL ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF vs. CIVIL ACTION - LAW DELORES C. DELANCY, DEFENDANT 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 twenty (20) days after this Complaint and Notice is served, by entering a written appearance, personally of by attorney, and filing in waiting 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 document, or for any other claim or relief requested by the Plaintiff. You may lose money or property or other right 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a used en la corte. Si used quaere defenses de esas demandas expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notifiation. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y psedido entrar una orden contra used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Used puede perder dinero o sus propiedades o otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABADOAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O Sl NO TIENEE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONDEGUIR ASSITANCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC, NO. 04-5186 CIVIL ASSIGNEE OF PROVIDIAN NATIONAL BANK, PLAINTIFF vs. CIVIL ACTION - LAW DELORES C. DELANCY, DEFENDANT COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files the within Complaint and in support avers as follows: Plaintiff, PALISADES COLLECTION L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, is a corporation doing business within the Commonwealth of Pennsylvania and the other states of the United States, with its principal offices located at 210 Sylvan Avenue, Englewood Cliffs, NJ 07632. 2. Defendant, DELORES C. DELANCY, is an adult individual with a last known address of 580 Walnut Bottom Road, Shippensburg, Cumberland County, PA 17257. 3. It is averred that Defendant was issued an open end credit account. 4. At all relevant times material hereto, Defendant has been a regular user of said charge account for the purchase of products, goods and/or for obtaining services or funds. 5. Defendant has been provided with copies of the Statements of Account accurately showing all debits and credits for transactions on the aforementioned credit account. 6. Defendant did not object to the above mentioned Statements of Account submitted by Plaintiff to Defendant. 7. That Defendant has made sporadic and irregular, payments, if any, which have been applied to the outstanding balance of this account. 8. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's credit account, as a result of charges rnade by said Defendant and/or any authorized users is the sum of $1,579.75. 9. Despite reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 10. Pursuant to the Credit Agreement which Defendant received when the aforementioned credit card account was issued to Defendant and/or applicable Pennsylvania law, any unpaid and/or delinquent balances on said account shall continue to bear interest at the rate of Eighteen (18%) percent. 11. The amount of interest which has accrued on the aforementioned account is the sum of $490.80. 12. Plaintiff has retained the services of the law firm of Wolpoff & Abramson, L.L.P. in the collection of the amount due from Defendant. 13. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, L.L.P. in the collection of the collection of the amounts due from Defendant incident to the within action, the Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 14. The amount of attorney's fees incurred in this matter is the sum of $315.95. 15. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 16. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant, DELORES C. DELANCY, in the amount of $1,579.75, plus reasonable attorney's fees in the amount of $315.95, interest at a rate of eighteen (18%) percent in the amount of $490.80, plus costs of this action and such other relief as the Court deems proper and just. Respectfully submitted, Amy F. DcKj(d,-E uire ID No. 87062 Philip C. Warho c, Esquire ID No. 8634'1 Daniel F. Wolfson, Esquire ID No. 20617' Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Plaintiff VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, PALISADES COLLECTION, L.L.C., ASSIGNEE OF PROVIDIAN NATIONAL BANK, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he/she is authorized to take: this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 11 - 41- (.? y ID No. 87062 11 Philip C. Warh ic, Esquire ID No. 86341 Daniel F. Wolfson, Esquire ID No. 20617 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 267 East Market Street York, PA 17403 (717) 846-1252 Counsel for Raintiff Cl. ? ?- r7 1 -.3 (IT `5 m ,. c r) Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ( {)q - S/ 8 (o CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573