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HomeMy WebLinkAbout13-1719 Supreme Couito fiRennsylvania Court of zCoz imo Pleas For Prothonotary Use Only: C vil Co er Sheet Docket No: . County ��i �s # The information collected on this form is used solely for court ad7nlnlst7 "att074 pltrposES. This form does not s upplement or replace the filing and service ofpleadings or other papers cis required by Imt or rules of court. Commencement of Action: 0 Complaint 0 Writ of Summons F! Petition S Q Transfer from Another Jurisdiction F7 Declaration of Taking E ,. C Lead Plaintiff's Name: ) Lead Defendant's Name: T UG;1,,e r1 SeQ v, ";�.�w�c�� LL C ,,.:� (" y�_la. -1 �i I �- c.��s c,� I Are money damages requested? 0 Yes n N o Dollar Amount Requested: Mwithin arbitration limits O + (check one) Doutside arbitration limits N111 I this a Class Action Suit? 0 Yes EY No Is this an AIDJAppeal? , Yes El No A Name of Pla:ntiff /Appellant's Attorney: Check here if you have no attorney (area Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include . Tort) CONTRACT (do not inctude Jud��r�ents) CIVIL APPEALS 0 Intentional Q Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation S l] Premises Liability F Statutory Appeal: Other Q Product Liability (does not include E mass tort) Employment Dispute: 0 Slander /Libel/ Defamation Discrimination C ® Other: El Employment Dispute: Other F� Zonin Board T 0 Other: Other: O MASS TORT [I Asbestos N ` 0 Tobacco E] Toxic Tort - DES Toxic Tort - Implant 7ERTY t E] Toxic Waste 7Declaratory NEOUS Other: Law /Statutory Arbitration B Domain/Condemnation Judgment ent us Q Landlord/Tenantbispute mestic Relations Mort-age Foreclosure: Residential Restraining Order PROFESSIONAL LLABLITY Q Mortgage Foreclosure: Commercial Quo Warranto El Dental El Partition El Replevin Q Legal E] Quiet Title 0 Other: 0 Medical E] Other: Other Professional: Updated 11112011 ci vrn 1 T 1 v ,1 rrcr%c.rrryrrCrvrv.7TLVHIVIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT _ COMMON PLEAS No. 3 7 9 (x•+1/1 / 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 it the case referenceq below. M HAM NAMt C APPELLANT MAG. DIST. NO. NAME OF MDJ r^ �q 3 >L), SC LAA K . ADDRESS Or A PELL:, T CIS `1 STA E ZIP CODE DATE OF JUDGi +RENT IN THE CASE OF (PI ntirr) Re DUC C i No SIGNA i UnE Cr APFELLAN i OR AT ORNtY OR AG =N 30 3 - V- 00001 -�I-2, This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa R.0 P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for - possession in this case. ndth.�n twenty (20) days after filing the NOTICE of APPEAL. slcra = re of pmnonotary 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 Magisterial District Judge. IF NOT USED detach from copy of nonce of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ✓� b�� S II O la �� ��,�;�,�� L � � app„ = ee s , to file a complaint in this appeal Nane of appeilee(s) (Common Pleas No. 13- Cwt ) within twenty (20) days after service of rule or suffer entry of l iudgment of non pros. Sr .,llant or attorney or agent RULE: To — S �— NVkCLA Cj PLC appellee(s) flame o` appeliee(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 de 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 33 V of V INVAIAkSNN3d YOU MUST INCLUDE A OF THE NOTICE OF JUDG SCRIPT FO�M WITH THIS NOTICE OF APPEAL. Qh .Z 6�d Z- �dn£8�L l AOPC312 -05 ce sS Y COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -03 Equable Ascemt Financial LLC MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Mohamed Safouan P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717- 486 -7672 Mohamed Safouan Docket No: MJ- 09303 -CV- 0000159 -2012 36 S. Bedford St. Case Filed: 6/1/2012 Carlisle, PA 17013 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09303 -CV- 0000159 -2012 Equable Ascemt Financial LLC Mohamed Safouan Default Judgment for Plaintiff 03/05/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Equable Ascemt Financial LLC $0.00 $0.00 $0.00 Mohamed Safouan $0.00 $5,002.64 $5,002.64 Judgment Detail (*Post Judgment) In the matter of Equable Ascemt Financial LLC vs. Mohamed Safouan on 3/05/2013 the judgment was awarded as follows: Judament Com onent Joint/Several Liability_ Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,771.94 $4,771.94 Filing Fees $0.00 $188.00 $188.00 Server Fees $0.00 $42.70 $42.70 Grand Total: $5,002.64 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 COMI ION "PLEAS ANDWO FUR"IER PROC"ESS'1Vb4Y 515 ISSUED BY THE r*AGi i ERIAt 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. — r ollh oC p Date Magisterial District Judge Susan K. Day 13 certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03/05/2013 2:49:23PM Equable Ascemt Financial LLC Docket No.: MJ- 09303 -CV- 0000159 -2012 V. Mohamed Safouan Participant List Private(s) Attorney Michael F. Ratchford, Esq. Edwin A. Abrahamsen & Associates, P.C. 120 N. Keyser Avenue Scranton, PA 18504 Plaintiff(s) Equable Ascemt Financial LLC c/o Edwin A - Abrahamsen & Assoc. P.C. 120 N. Keyser Ave. Scranton, PA 18504 Defendant(s) Mohamed Safouan 36 S. Bedford St. Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 03/05/2013 2:49:23PM 2t13 APR —3 PFD 2: (u1 CUMBER L> 'd L) PENNSYLVANI 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 Ci, ss AFFIDAVIT: hereby(swear)(affirm)that f served 13—/7/grcam:( a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service)}{ 11) , 20 l ), tie by personal service ❑ by(certified (registered)mail, sender's receipt attached hereto, and upon the appellee, (name) , on C°( to U�D -u2D I "? Eby personal seriica❑ / by(certified)(rears creel) sender's receipt attached hereto. (SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ;3 DAY CF A"\ri i 20 t A .. ' Signature of official before whom afr;davit was made 'm Signarur�f amen� Title of official My commission expires on ,20 U.S. Postal Service ,, tart' CurnbcrlandCountx Carlisle,PA CERTIFIED MAIL,, RECEIPT ,issi-t,E.pires the First Monday of Jan.2014 In (Domestic Mail Only;No Insurance Coverage Provided) r-a For delivery information visit our website at www.usps.com®, t'.•. :s1 m Postage $ . _ .07 Certified Fee Postmark ° Return Receipt Fee Here ° (Endorsement Required) Restricted Delivery Fee (Endorsement Required) so CPC 3'2A-05 ° 04/002/20011, - Total Postage&Fees Sent To ru ,-9 --. Street,Apt.No.: r` or PO Box No. City,State,ZIP-:4 PS Form 3800 A■qust 2006 See Reverse icr'Instructions IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Equable Ascent Financial LLC 1120 W Lake Cook Road CIVIL ACTION Buffalo Grove,IL 60089 Plaintiff cns— VS. _ ?� <=) -0 arc NO: =CI) := Mohamed Safouan : pCD tys 36 S Bedford St --- " Carlisle,PA 17013 Defendant 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 fiu•ther 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 1120 W Lake Cook Road CIVIL ACTION Buffalo Grove,IL 60089 Plaintiff VS. NO: Mohamed Safouan 36 S Bedford St Carlisle,PA 17013 Defendant COMPLAINT Plaintiff,Equable Ascent Financial LLC,by and through its attorneys,Edwin A. Abraharnsen&Associates,P.C., complains of the Defendant as follows: 1. Plaintiff,Equable Ascent Financial LLC, (hereinafter"Plaintiff')is a corporation with a principal place of business located at 1120 W Lake Cook Road Buffalo Grove,IL 60089. 2. The Defendant Mohamed Safouan(hereinafter"Defendant")is an adult individual residing at 36 s bedford st Carlisle PA 17013. 3. Defendant applied for and received a credit card issued by Equable Ascent Financial LLC with the account number ending in 3833. 4. The within account was sold by Chase Bank USA,N.A. to Equable Ascent Financial LLC for valuable consideration and all rights under said accounts were assigned to Equable Ascent Financial LLC. 5. Use of the Chase Bank USA,N.A. credit card was subject to the terms and considerations of the Cardmember Agreement(hereinafter"Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the Chase Bank USA,N.A. credit card account number ending in 3 83 3, for purchases, cash advances and/or balance transfers. 7. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 8. The Defendant last made payment on December 30,2009. 9. The total amount due and owing the Plaintiff, including interest,is$4,579.44. WHEREFORE,Plaintiff requests judgment in its favor and against Defendant in the amount of$4,579.44 plus costs of suit and any other relief as the Court deems just and appropriate. RJspect ly b ed, M �Ratchfor Esquire Attorney I.D.Nos.: 6285 120 N. Keyser Ave Scranton, PA 1850 mratchford@a eaa-1 w.com Phone: 800-503-1665 Fact: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, Equable Ascent Financial LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge,knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. ichael F. Ratchford, Es re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Equable Ascent Financial LLC, CIVIL DIVISION o . � w Plaintiff rn -., z �u ? VS. y c o� <o -o o Mohamed Safouan, T>n, 3 =— NO: 13-1719 Civil �„' c3clk Defendant -j CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certiff that I caused a true and correct copy of Plaintiff's Complaint was served via first class United States Mail, postage prepaid on the date set forth below upon the following: Mohamed Safouan 36 s bedford st Carlisle PA 17013 Edwin A. Abrahamsen&Associates, P.C. Date: April 5, 2013 B • ichael F. Ratchford, sq re Attorney I.D. Nos.: 8 85 120 N Keyser Aven e Scranton,PA 185 4 (570) 558-5510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L Mohamed Safouan, Defendant VS Equable Acsent Financial LLC. Plaintiff CIVIL DIVUISION NO: 13-1719 Civil CERTIFICATE OF SERVICE I Mohamed Safouan, will represent myself, and hereby certify that I respond to the plaintiff's complaint was served via first class United States Mail, postage prepaidpp the C a� date set forth below upon the following. MCC =b- n zrn --a X-0 �-a -x-M Hr— ry 'XI Edewin A. Abrahamsen&Associates, P.0 Michael F. Ratchford, Esquire N 120 N Keyser Avenue Scranton, PA 18504 Date: April 24, 2013 Mohamed Safouan 36s Bedford street Carlisle, PA. 17013 U.S. postal Service,- CERTIFIED MAILT. RECEIPT Do ru M J. z Postage $ Lrl $3.10 08 a Certified Fee Postmark ru $0.00 Here 0 Return Receipt Fee E:3 (Endorsement Required) C3 Restricted Delivery Fee $0.00 a (Endorsement Required) � $3,56 04l24l2013 Total Postage&Fees M F Sent To �r� f j\ f� 'cam e ti C__ a- , r or PD Box No. ___ �'�!�- City State,ZIP+4 C_ P� ��)ID :rr rr.