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HomeMy WebLinkAbout05-1655NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA * COURT OF COMMON PLEAS FROM CUMBERLAND JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT 09-2-01 COMMON PLEAS No. VS 1 C 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 mentioned below. Citibank USA, N.A. ADDRESS OF APPELLANT 701 East 60th Street North CITY - Sioux Falls SD .ATE OF JUDGMENT J11 THE CAsE OF fll 11, 11111-11'-1) 2/28/05 itibank USA, N.A. V5 L&S Travel Shoppe, Inc., et al CLAIM NO. SIGNATUR OF PELLANT OR S,,-TTORNET OR AGENT TA 19 CV 467-04 LT 19 This block will be signed ONLY when this notation is required`unde R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will oper- a SUPERSEDEAS to the judgment for possession in this case. or Deputy a ' If appellant was Claimant (see Pa. R. C. P. J. P. as No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. 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 , 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 his attorney or agent RULE: To , appellee(s) Name of appellee(sl (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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date MA14. Y?s?. nY. Yn nwmc yr Y.?. 09-2-01 , 19 -. Signature of Prothonotary or Deputy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHOMOTARv PROOF (_P SERVICE OF NOTICE OF APPEAL ?,,-\)D RGLE TO FILE C( )f,3( SST HE Flt rD 14)'?711tV F1VE (511 04 YS AF COMMONWEALTH OF PENNSYLVANIA COUNTY QF _w _ _ ss AFFIDAVIT: I lh Ceh solo?al ()= affirm teat f's'Jed ht, Notice of Appce,), Corm-non Pleas No._? the D ?,ti ci Ju4 tice, fl by pe! sonal oy #cet tz f on h (.cu-t `ied) {t ail sef *o- and ft -her th=' ( served ttie. Rule tt; File a Cc mplamt aecompany ny the above Nunce of A,. pon E? uie as -;,ed on _ 19__ try t) fst?nttr ?.,-v e,, ; by n<: i, c, :f `s rcrefpt al ta net heifrto- S1y'C)RN (AFFIRMED) AND SUBSCRIBED BEFORL ME T1419 D A Y 0 ___ . 19 $fgp1"t 'e of ift(anf S grr;tu?F tort v?h made T; tie My ct7ml -S?uft fexpil" s W) 19 {? '6q ? ? ?J j 01 'COMMONWEALTH OF PENNSYLVANIA ' 'COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA 1L Telephone: (717 ) 240-6564 17013-0000 ATTORNEY FOR PLAINTIFF : & aR V NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FCITIBANS USA, N.A. 7 1060 ANDREW DHIVENE APT/STE 170 C/O BURTON NEIL & ASSOC L?ZST CHESTER, PA 19380 1 VS. DEFENDANT: NAME and ADDRESS FL-&S TRAVEL SHOPPE INC., ET AL. 118 S. HANOVER ST CARLISLE, PA 17013 BURTON NEIL L J 1060 ANDREW DRIVE APT/STE 170 Docket No.: CV-0000467-04 BURTON NEIL & ASSOCIATES Date Filed: 12/27/04 NEST CHESTER., PA 19380 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DgFE?iDANT 0 Judgment was entered for: (Name) T.ta TRAysT. SgOvpE INC_ ® Judgment was entered against: (Name) t TTt8AN8 waa f g_A_ in the amount of $ - on on 1-1 Defendants are jointly and severally liable. F] Damages will be assessed on: 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 $ (Date of Judgment) 212 g f O S (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. 2-28-05 Date •? M- agisterial dlstrid,judge ------------- I certify that this is a true a c rect co o rd of th /Poceedings'cibhtaiAng tie judgmer)t: 2-28-05 Date ,1N66ste{iaj Dist"rict,Judge My commission expires first Monday of January, 2006. SEAL rrr AOPC 315-05 DATE PRINTED: 2/28/05 4:08:09 PM i ""` BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK USA, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street North, Sioux Falls, SD Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. S - I ASS lr r ? ?,? D C-) L&S TRAVEL SHOPPE, INC. No. 118 South Hanover Street, Ste. 100 Carlisle, PA 17013-3414 AND BEVERLY J KAUFFMAN 882 Alexander Spring Road Carlisle PA 17013-9402 Defendants : CIVIL ACTION - LAW COMPLAINT 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 (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-4296 BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK USA, N.A. 701 East 60th Street North Sioux Falls, SD Plaintiff V. L&S TRAVEL SHOPPE, INC. 118 South Hanover Street, Ste. 100 Carlisle, PA 17013-3414 AND BEVERLY J KAUFFMAN 882 Alexander Spring Road Carlisle PA 17013-9402 Defendants IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Complaint The plaintiff is CITIBANK USA, N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant, L&S Travel Shoppe, Inc. is a Pennsylvania corporation with a place of business located at 118 South Hanover Street, Suite 100, Carlisle, Pennsylvania. 3. The defendant is Beverly J Kauffman, who resides at 882 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff, a national banking association, engages in various types of banking business including commercial lending through the issuance of credit cards. COUNT I PLAINTIFF VS. L&S TRAVEL SHOPPE, INC.-ACCOUNT STATED 5. Plaintiff furnished consumer credit to the defendant, L & S Travel Shoppe, Inc. by means of a credit card with account number 5477878001361031 hereinafter referred to as the credit card account. 6. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 7. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 8. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 9. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 10. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $4,624.50. Wherefore, plaintiff demands judgment against defendant, L&S Travel Shoppe, Inc. on Count I for the sum of $4,624.50, and the costs of this action. COUNT 11 PLAINTIFF VS. L&S TRAVEL SHOPPE, INC.-BREACH OF CONTRACT 11. Plaintiff incorporates by reference paragraphs 1 through 4. 12. At the defendant's request, plaintiff issued the defendant a credit card for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. A true and correct copy of the application is attached hereto, marked Exhibit B and incorporated herein by reference. 13. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff s credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 14. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $4,624.50. 15. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 16. Although demand has been made by plaintiff upon defendant to pay the sum of $4,624.50, the defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against defendant L & S Travel Shoppe, Inc. on Count II in the sum of $4,624.50 and the costs of this action. COUNT III PLAINTIFF VS. BEVERLY J. KAUFFMAN-PERSONAL GUARANTEE 17. Plaintiff incorporates by reference paragraphs 11 through 16. 18. On or about November 13, 1997 the defendant executed her personal guaranty for the obligations of L & S Travel Shoppe, Inc. to plaintiff. A copy of the guaranty is a part of the aforementioned Exhibit B application 19. As set forth in Count II, the defendant L & S Travel Shoppe, Inc. failed to pay plaintiff the account balance. 20. Pursuant to the terms of the written guaranty, defendant Beverly J. Kauffinan is liable to plaintiff in the sum of $4,624.50 and the costs of this action 21. Although demand was made by plaintiff upon defendant Beverly J. Kauffman to pay the sums justly due and owing it pursuant to her guarantee, the defendant Beverly J. Kauffman has failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against defendant Beverly J. Kauffman on Count III in the sum of $4,624.50 and the costs of this action. ` t BURTON EIL & ASSOCIATES, P.C. i By: Y e . Weinstein, Esquire A - ev for Plaintiff 4OT t *4 0 C[ I citiousiness" Platinum 5electm Card Account Summary Statement Billing Period 01117/04 - 02/18104 BEVERLY J KAUFFMAN Page 1 of 2 LAS TRAVEL 3HOPPE INC Business Account Number 5477 8780 0138 1031 t j R Total Cardmembers - 1 Minimum Payment $4,624.50 Customer Service: 1 800 750-7453 New Balance 4,624.50 Business Account OnUne. Due Date Due Now www.citibusiness.citlbank.com Past Due 638.40 Account Online Access Code Business Credit Una 0.00 Your Instant Access Code .... gf hmy Available Credit 0.00 Use your code to register for Account Cash Advance Una 0.00 Onilne at cltleards.com Accettint Aumeni Previous Balance .................................................. ............ 4,453.48 Payments... ............................................................................... 0.00 Credits .......................................................................................0.00 Adjustments/Fees ..................................................................70.00 Purchases .................................................................................0.00 Cash ...........................................................................................0.00 Finance Charge ....................................................................101.02 New Balance $4,624.50 Payment Record Amount Paid: Data Paid: Check Number; Plaaae detach and return this aouoon with vour cawmant. Account Number P ent Due New Balance Minimum -prim -ant Enter Amount Enclosed 3477 8780 0136 1031 DUE NOW $4,624.80 $4,624.50 $ 04,x6 BEVERLY J KAUFFMAN LAS TRAVEL SHOPPE .INC 2 BRIAR OAK LN CARLISLE PA 17013-9402 Meb cftnip" to ddne6 end pitene number befow: A"fors AM./Soft chy Stou Zip Henw phone f3wlneo@ phww t Make check payable to: Cttli usiness Card PO BOX 6309 THE LAKES NV 88901-6309 54778780013610310001366420004624501 EXHIBIT Page 2 of 2 • Cl t I Btlimg Period 0111110410 02118104 BEVERLY J KAUFFMIAN LAS TRAVEL SHOPPE INC I?i?shi?.as prryai+ritsx cr?+ltfax A,djusbn?ti ttr?d Fr>is? US TRAVEL SHOPPE INC Trans Post Descriptlon AdlustmenWees 02116 02/16 OVERLIMiT FEE 35,00 -? 02/18 02/16 LATE PAYMENT CHARGE 35.00 2 Adjustment/Fees S70 00 Finance Char" Um"ttry Periodic Cash Advance N Pn al FIN Faa/flN R A E CffAiVGLP Purchases 27-881A $87.18 Cash Advances 27.99"A $3.88 $0.00 Total FINANCE CHARGE $101.02 No lransaccion ,wctKvity' Employee Account Number BEVERLY J KAUFFMAN 5477 $700 0071 6315 Saw Your accaunt is currently past due and overiimit for $1,388.92. Thank you for mailing this as soon as passible. w NO M ft L. ' L L. L L X E= s s ? ! s. , r Z L L r? .i ,,l r -1 ?: x a 3 R? 'b jr, L /0 _ _ •? . A . r V ! ZZ, e r. 1 ^ L I % r ewe 9 r ? solo- %it ? 11??11 co °K y r,A • 11 Is r? R?! ,p ELI U O 4F, r lw r w,s- J .u.,rM *. v ..i IT VERIFICATION Yale D. Weinstein, Esquire is attorney for Citibank (South Dakota) N.A. the within plaintiff, and makes this verified statement on its behalf as to the truthfulness of the facts set forth in the foregoing Complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Counsel rather than an officer or other representative of plaintiff is verifying the foregoing Complaint because plaintiff's officers and/or representatives are outside the jurisdiction of the court and the verification of none of them could be obtained within the time required to file this Complaint. Plaintiff s counsel is verifying plaintiff's Complaint based upon his review of plaintiff s records conversations with plaintiff s representatives. Date: Y available to him heretofore, and his 'einstein, Esquire for Plaintiff -COMMONWEALTH OF PENNSYLVANIA mi 1NTY nF• CUMBERLAND Mag. Dist. No.: 09-2-01 MDJ Name: Hon. PAULA P CORNEAL Address: 1 COURTHOUSE` SQUARE CABLISLZF. PA Telephone: (717) 240-6564:. 1.7013=0000 NOTICE OF?+JUDGMENT/TRANSCRIPT PLAINTIFF; CIVIL CASE NAME and ADDRESS rCITIBA= USA, N.A. 1060 ANDREW DRIVENE APT/STE 170 C/O BURTON NEIL & ASSOC LN8ST CHESTER, PA 19380 J vs. flEFEND'ANT: NAME and ADDRESS rL&S TRAVEL,SHOPPE INC. , ET AL.. 118 ` S .` HANOVER ST ATTOFJ= FOR, PLAINTIFF CARLISLE, PA 17013 BURTON NEIL L_ -? 1060 ANDREW DRIVE APT/STE 170 Docket No.: CV-0000467-04 BURTON NEIL & ASSOCIATES Date Filed: 12/27/04 NEST CHESTER, PA 19380 Ila THIS IS TO NOTIFY,YOU THAT., r, Judgment:. - Fob 41jffrz DA> - ® Judgment was entered for: (Name) KAXW*MAN, IFtgyWRLY J ® Judgment was entered against: (Name) T-rT ANX IISA, IsT_A_ in the amount of $ -nn on F] Defendants are jointly and severally liable. Damages will be assessed on: 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 $ (Date of Judgment) _2,125/e5 (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ .001 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. 2-28-05 Date% `lvl?gistarial'Dastrict Judge . I certify that this is a true 'a co ct co of r rd of the eedin?ssbnfinigfo fudgrrient. -'t? 2-28-05 Date x'Macli'"rial Dlstr ct'Judge, My commission expires first Monday of January, 2006. SI lAL AOPC 315-05 ,t DATE PRINTED : 2/28/05 4:08:37 P>oL ._' { t ? e j L? _ T: -- r " _' CD - ? KWO m ?. 1 O M 1 ?yll'.i11J ' M ru --- m C3 Postage $ ru -0 C Certified Fee L_-.--- CI Postmark ..L O Return Reciept Fee H811, C, I Postmark 0 (Endorsement Required, -.e Here M Restricted Delivery Fee -0 (Endorsement Required) _ i rl Treat Post/ag?e8 Feel W _ -- _ o. zW ?_ . r? rreep Apt Na.; - - - - -- r _ or Box N`-S-(iLYlr?--__-._ d S e r GiN. State. ZIP+4 ------ ?----'- - P PROOF OF SERVICE OF NOTICE OF APPEAL i f0 FIL !This proof of service MUST SE FILFO WITHIN FILE (5) DAY'S AFTE .-.e of amy COMMONWEALTH OF PENNSYLVAIJIA COUNTY OF c .rJA2W;f? ; ss COMPLAINT !. Check applicable boxes) AFFIDAVIT: I herehv swear Or affirm that I saved a copy of the Notice of Appeal, Common Plhas Nn06 the Dist (date of s nice) -? - , J!itI? 7 by a ( l u cuilp?t tr ached hereto, and upon The appell ,e, foame)? ES i 7CI t?-y?? -?, I by pr so nal,c?,,cr U-'gisteredl 1 andV-further that I served the Rule to File a Complaint ac;o - above Not; whom the Rule was addressed on-... _ , 19persona mail, sender's receipt attached hereto. , SWORN (AFFIRMED) AND SUBSCRIBED BEFORE M'f- THIS---DAY!DF_, 19_. Signature of ,ff,,af Title of oihr'dI My commission expires whom aflida,q was made 19-_ . YIIYvliIAS{`i -3d Ai IdNna: I ?fI`!' S£ 101 Wv S- ddn SOOZ A Rio I),, Az, 4,1 iY- r ict Justice designated the,t n of y (certified) !registered! ai!, send, f?in4rZ mail, sender's receipt attached her(,to e of Appeal upon the appellees) n service F_ by (certified) Irege.teten /C-&t Pi C A-T10,? 1 at?re orated, r6f?n Q ?wrSUan,'f y-Ist_ P- Asst j? ?a 4 ?Hi AO COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND JUDICIAL DISTRICT U9-2-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 mentioned below. Citibank USA, N.A. 109-2-131 .DDrrESS OF .areu..T --.-- ter.. V' svTe .. zio oooE 701 East 60th Street North Sioux Falls SD DATE OF,UDD,.e14T - OF - -- - ..- _-? 2/28/05_ ri, bank USA, N.A. /"1 LAS Travel Shoppe., r.t- :._. CLAIM ND TA 19 CV 467-04 W.IPK?LANT OR .DEnT LT 19 is block wille signed ONLY when this notation is requR.C.P J.P. No. 1008B. llant was Claimant (see Pa. R.C.PJ.PThis Notice of Appeal, when received by the District Justice, 01(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty /ZD) days after filing his NOT/CE 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 ONL Y when appellant was DEFENDANT (see Pa. R. C.P.J.P. 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 (Common Pleas No. RULE: To Name of appellee (s) Name of appellee (s) appellee(s), to file a complaint in this appeal -) within twenty (20) days after service of rule or suffer entry of judgment of non pros- appellee(s) Signature of appellant or his attorney or agent (1) You are notified that a rule is hereby entered upon you to We 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. (21 If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date 19 _. Signature of Prothonotary or Deputy AOPC 372-84 COURT FILE CITIBANK USA, N.A. Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1655 Civil L&S TRAVEL SHOPPE, INC. AND BEVERLY J KAUFFMAN Defendants CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CHESTER SS YALE D. WEINSTEIN, ESQUIRE, being duly sworn according to law, deposes and says: 1. That he is attorney for Plaintiff in the above captioned action in the Cumberland County Court of Common Pleas; 2. That on April 7, 2005 he served Plaintiff s complaint on Defendants, L&S Travel Shoppe, Inc. and Beverly Kauffman by certified mail, return receipt requested; 3. That attached hereto marked Exhibit 1 and incorporated herein by reference are true and correct copies of the return receipt cards; 4. That this Affidavit is made subject to the unsworn falls/if ation to authorities. / DATED: G Yale 18 Pa.C.S. Section 4904 relating to einstein, Esquire, Affiant In making this communication, we advise that this office is a debt collector. m o_ m Im 0 U a Z r 3 m o E ? o ? m m 9 d : N l 9 9 yew N m? DJ ? m m > N W 9 Y ? y N 'v v Y a ? m ya'. = q um. ? 2 O W 6 U m??'E p 6 d d ? y y' - N v U_ N ? C d ?n ? I rfi? d ri I° 1 O p I Cfl N 0 O O I c 3 K I v f m E m , :m r`, ? C h'1 4NwmsE ? -Q?C,ry NN N C L R ? ?? ? D 9 y ma Q N O i n Q C3 .D a 8 O o N 2 r M 2 m m LL N d .»a d Y O m o o r Z m ?? a? ?o Q ? z ? v m c ? > n m n o? T 6 ? d _. ai m ? m E??,oE p m = o £ N 9 O O O a? N'-sE O y'6 m A c_o£m$ N O ? C L N0. N ? v q N Ev??uo r• m mcmm m m 7 3 £ y '? o?Cy4o a ? Y n a ? m m`o m ? S° w ?jU u'S ? n m y eQi? m0 o ? m m d N b IEn cl M G u ? v Q 0 0 I r C`- T7 O a u ? m N o ^ U C- E ? O O f 0 p 0 N ' rv Q 7 `'(h m = Z E t ? LL Q N N 0. ^ ? _J _1 _{ -f _?.. ?'?! _ ?. L1 CITIBANK USA, N.A., Plaintiff V. L&S TRAVEL SHOPPE INC., ET AL., Defendant 1. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000467-04 CIVIL TERM Q 5,-((055- CIVIL ACTION-LAW ANSWER 2. The Defendant, L&S Travel Shoppe, Inc. is a Pennsylvania corporation which has been discharged of it's debts in a bankruptcy file to 1-04-06987. 3. Admitted. 4. Admitted. 5-10. As indicated, the L&S Travel Shoppe, Inc. sought and will receive an order in a !bankruptcy filed to 1-04-06987. The filing is awaiting closing. 11-16. As indicated, the L&S Travel Shoppe, Inc. sought and will receive an order in a (bankruptcy filed to 1-04-06987. The filing is awaiting closing. COUNT III 17. Defendant incorporates the answer to Paragraphs 11-16 herein. 18. It is denied that Defendant executed a personal guarantee for the obligations of L&S Travel Shoppe, Inc. The copy of the guarantee is so illegible as to not be able to be read. 19. The indebtedness was discharged in the aforesaid bankruptcy filing. 20. After reasonable investigation, the Defendant, Beverly J. Kauffman, is without sufficient information to determine the validity of the allegation. According, Beverly J. Kauffman denies the allegation and demands strict proof at the time of hearing. 21. It is denied that demand was made by Plaintiff upon the Defendant. When a district justice matter was filed, Defendant's counsel, Robert L. O'Brien, Esquire, sent a letter February 1, 2005, marked as Exhibit "A", to the Plaintiff requesting that they provide proof of any personal guarantee. Despite the request, Plaintiff has failed to provide proof of any personal guarantee. WHEREFORE, Defendant, Beverly J. Kauffman, respectfully requests that the complaint be dismissed and the judgment be entered in her favor. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire I. D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rl o\Clients\Ka uffm a nkAnswer CITIBANK USA, N.A., Plaintiff V. L&S TRAVEL SHOPPE INC., ET AL. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. CV-0000467-04 CIVIL TERM CIVIL ACTION-LAW VERIFICATION I, Beverly J. Kauffman, the undersigned, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: May , 2005 erl J. K uffmAn Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 FAX (717) 249-5755 email: obs(a obslaw.com February 1, 2005 Burton Neil, Esquire Suite 170 1060 Andrew Drive NE West Chester, Pennsylvania 19380 RE: CitiBank V. Beverly J. Kauffman CV - 0000467 - 04 Dear Attorney Neil: A complaint that you filed in the magistrate's court in Cumberland County indicates that Beverly Kauffman gave a personal guarantee for her corporation. Ms. Kauffman denies that she is personally responsible for the debt and she will be indicating to the magistrate that she intends to defend the action. Prior to the hearing, I would appreciate if you would forward a copy of the purported guarantee so that I may review it with my client. Should you have any questions or comments, please call me at the office. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/ta cc: Beverly J. Kauffman File rio\Clients%Kauffman%nei I.Itr EXHIBIT "A" C j r.t c c>, i c?? ii _Ii ;- {i:, _ / ?. . t4 ;i ` ? ? V ( ? v? ?- i C.5 ? R orn..&k 05 Moss Civ i i Term CITIBANK USA, N.A., Plaintiff V. L&S TRAVEL SHOPPE INC., ET AL., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-0000467-04 CIVIL TERM CIVIL ACTION-LAW RESPONSE TO REQUEST FOR ADMISSIONS The Defendant, through her attorneys, O'Brien, Baric and Scherer, responds as follows: 1 thru 4. Admitted. 5. The Defendant has repeatedly stated to Plaintiff that the copies of the documents purporting to hold her responsible are so illegible as to be unable to be read or interpreted. Accordingly, Defendant denies that Exhibit 27 is a true and correct copy of the application and demands that the Plaintiff provide the original copy of the application. 6. Defendant admits that the written signature appears to be her signature and incorporates her response in Paragraph 5 herein. 7. Defendant incorporates her responses in Paragraphs 5 and 6 herein. The legible portion of Exhibit 27 indicate that the account was issued to the Corporation. To the extent that the Defendant signed, she relied on the legible language of the form which states; "3 > Authorized Officer Information" and "5 > Authorized Officer Signature". 8 thru 11. Admitted. 12. There is no balance owed on the account as the account and balance has been discharged in a bankruptcy filing docketed to #1-04-06987, Middle District of Pennsylvania Bankruptcy Court. 13. Defendant believes that she was listed as Secretary and Treasurer of the Corporation with the Commonwealth filing. DATE: 06 Respectfully submitted, N C?&SCHERER O'BRIEN, B,A/.RI`A %yx Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CITIBANK USA, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CV-0000467-04 CIVIL TERM L&S TRAVEL SHOPPE INC., ET AL., Defendant CIVIL ACTION-LAW VERIFICATION I, Beverly J. Kauffman, the undersigned, verify that the statements made in the foregoing Response to Request For Admissions are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: August AS , 2006 I Z' . - /.' c ? - ,, '?//" ? ? B rly . ZWWA- O ? l C?, cr^ ?1 ?i?j' ',7 -ct cY? -f ?? tt-' _. J? }{ ? 5 ? _ [,7 :-G ..? 5 e; i 1 i CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. BEVERLY J. KAUFFMAN- Defendant : CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Burton Neil, Esquire, counsel for plaintiff in the above captioned action, respectfully represents that: 1. The above-captioned action is at issue. _ - ` 2. The claim of the plaintiff in the action is $4,624.50. There is no counterclaim." The following attorneys are interested in the case as counsel or are otherwise disqugified to sit as arbitrators: Robert Daile, Esquire Counsel for Defendant 19 West South Street, Carlisle, PA 17013] WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AIURTON NEJ & ASSOCIATES, P.C. By: Burto eil, Esquire Attorne for Plaintiff AND NOW this , 2007, in consideration of the foregoing petition, , Esquire, , Esquire and , Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court, P.J. C>' a tl CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. I BEVERLY J. KAUFFMAN Defendant : CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Burton Neil, Esquire, counsel for plaintiff in the above captioned action, respectfully represents that: r *?? 1. The above-captioned action is at issue. • _-? T 2. The claim of the plaintiff in the action is $4,624.50. There is no counterclaim. The following attorneys are interested in the case as counsel or are otherwise disqu0fied to sit as arbitrators: Robert Daile, Esquire Counsel for Defendant 19 West South Street, Carlisle, PA 17013 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 1#JRTON NE & A-SSOCIATES, P.C. By: r' Burto eil, Esquire Attorne for Plaintiff AND NOW this J 1 , 2007, in consideration of the foregoing 1 -, petition, m?/" Esquire, , Esquire _L?2&qteej and ' ?k"Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court P.J. W Q ?` ,..,,? -6?. -C a D J -?, f ?-----?. Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK USA, N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1655 Civil L&S TRAVEL SHOPPE, INC. and BEVERLY J KAUFFMAN Defendant CIVIL ACTION -LAW Certificate of Service I, Burton Neil, Esquire, do hereby certify that I served a true and correct copy of the Petition for Appointment of Arbitrators on defendant's counsel, Robert J. Dailey, Esquire, at his address of record via first class mail, postage prepaid on the date set forth below. Burton N ' sociates, P.C. a?? `'gyp -- Date: 4111 Burton Neil, squire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-4296 Cl ?h., yy4??y.? Eve. 05 t6. \\ y"yn F \FILES\DATAFILE\General\Current\I 1541\11541.19.pra BURTON NEIL & ASSOCIATES, P.C. Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff CITIBANK USA, N.A IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1655 CIVIL TERM L&S TRAVEL SHOPPE, INC., and BEVERLY J. KAUFFMAN, Defendants CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of MARTSON LAW OFFICES, as co-counsel with BURTON NEIL & ASSOCIATES, P.C., for the Plaintiff in the above matter. MARTSON LAW OFFICES Y Christopher E. Rice, Esquire I..D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 18, 2007 Attorneys for Plaintiff Y , . 'M CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert Dailey, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES a,Cuu i?)a6/,6/ F'ac dine A. Decker Ten 'East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 18, 2007 ' -r G.7 co Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.2005?- I (455 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. 14; Signature signature signature Gf .. _ ?S'?%' ?r,? lay !?-? , f,,,re ?,? C , e t .- Name (Chairman Nam Name r- ? Law Firm Law Firm Law Firm Address Address Address city, zip Ctt3', zip ;7d -/0 Zap Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) Date of Hearing: 5? a2 / 4 7 Date of Award: L e' :111, Notice of Entry of Award Now, the day of Mau , 20 p7 , at c2:13 P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ '3tiQ 00 By: Prothonotary Deputy . Arbitrator. din ants. (Insert name if applicable. Ma`s ? E• rya" o? 4;'rZ6AOV9 N, A. Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.2005"- / G?? ?J Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature signature signature Name man Name Name d?e -,,? t'.. ?h P1 ?, ?4-kF Law Firm Law Firm Law Firm 17 Address Address 12.1 6, Afel, lec- Address t CII /CS?!(r:P 17a ??S- City, zip City, Zip / ?d 7C? ` City, zip # x-10-1 99q ?0 5373 Award 18 3 87 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) k (j?T 7 l ?? r 1/ l V S 60!5t5. . OisWts. (Insert name if applicable. Date of Hearing: 5? a / 4 7 'G Date of Award: ?12'Z/61'?- n .\ Notice of Entry of Award Now, the aQ?' day of May ) 20 07 , at A: /S P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. ' Arbitrators' compensation to be paid upon appeal: $ tio, 00 By: Prothonotary Deputy 4ja ?? N 3 m CID ;? - ?on ? ?iee Row, 5,, q• o1"0l a 14 Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK USA, N.A. Plaintiff V. L&S TRAVEL SHOPPE, INC. and BEVERLY J KAUFFMAN Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1655 Civil CIVIL ACTION - LAW Praecipe for Entry of Judgment on Award of Arbitrators To the Prothonotary: Enter j udgment on award of arbitrators on behalf of the plaintiff, CITIBANK USA, N.A., and against the defendant, L&S TRAVEL SHOPPE, INC. and BEVERLY J KAUFFMAN and assess damages in the sum of $4,624.50. Burton Neil OAssociates, P.C. Burton Nil, Esquire Attorney for Plaintiff And now, this A3rA day of Jtt , 2007, judgment is entered on behalf of the plaintiff, CITIBANK USA, N.A. and against the defendant, BEVERLY J KAUFFMAN and L&S TRAVEL SHOPPE, INC., in the sum of $4,624.50. Proth nota4o3e lanCounty Deputy In making this communication, we advise that this office is a debt collector. LA ?^ t tZl' k JA- j'.•, A. _ In The Court of Common Pleas of Cumberland Plaintiff PVC. G,, J County, Pennsylvania No2Vrg - Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. / signature signs signswe '57"A ?'-zz Name (Chairman Name Name ???7,?'?L 1Cf? ? ?c??? ??i?C' /iC•'/7l U?/ Cl''?/?6C.???/ ?-/IGI?P6J ? ?f1 r.•.?t4i ??"'-? Lew Firm Law PiM (mac Law Firm 95 Address Addrm Address ??r[!?? ?/,?i3 /YL°u.? ?-?1??? ?? /??r ??q rs?s: l?? • 17?? ?S? a , MN Vp 74 70 city, zk) Award name Date of Hearing: S -q 40 7 Date of Award: ' e Nodee of Entry of Award Now, the ,lq-* day of , &y 2011___, at .4:13 P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Prothonotary $ .350.00 ! E W 1- a n"q - dIE ~ I+ 3 Topy WhOOVI. X19 iof of =w, By. ; 1 to Admaw s7 We, the undersigned arbitrators, having bear duly appointed and swom (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK USA, N.A. 701 East 60th Street North Sioux Falls, SD 57117 Plaintiff V. L&S TRAVEL SHOPPE, INC. 118 South Hanover Street, Ste. 100 Carlisle, PA 17013-3414 and BEVERLY J KAUFFMAN 882 Alexander Spring Road Carlisle PA 17013-9402 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1655 Civil : CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA) the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. Burton By: Associates, P.C. Burton I\Teil Esquire Attorney for laintif In making this communication, we advise that this office is a debt collector. Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK USA, N.A. Plaintiff V. L&S TRAVEL SHOPPE, INC. and BEVERLY J KAUFFMAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1655 Civil CIVIL ACTION - LAW Rule of Civil Procedure No. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on obi a3 c2oo -7 Al"JaFF v Proth nota?berl County Deputy If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 In making this communication, we advise that this office is a debt collector.