HomeMy WebLinkAbout05-2556
COMMONWEALTH OF PENNSYLVANIA
COURT QF COMMON PLEAS
.... CUMBERLAND
NOTICE OF APPEAL
,
FROM
JUDICIAL DtSTRICT
09-3-03
DISTRICT .JUSTlCE JUDGMENT
CWLk4-"Y\
~
COMMON PLEAS No, 05 -;<S5~
NOTICE OF APPEAL
Notice IS ~llven 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 m the case mentioned below.
~;.....i!:LI.ANT
ADDRESs OF A....ELLANT
C'TY
rM~9=;T_~; o. "'ME 0" 0'
STATE
Household Bank (SB) N.A.
ziP COOl!:
1111 North Town Center Drive
Las Vegas
NV
89144
DATI!: 01" JUD"'''''''NT
IN THE CASE OF ,Po'"
,no'".",,,,
4/19/05
Household Bank (SB) N.A.
Moore
CLAIM NO.
EV OR ""''''NT
TA 19
LT 19
This block will be signed ONLY when this notation IS
R,C.P,J.P, No. 1008B.
CV 44-05
This Notice of Appeal, when received by the District Justice,
J SUPERSEDEAS to the judgment for possession 'In this case.
as
was Clairnant (see Pa. R.C.P.J.P.
No. /001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty i20J
days after filing his 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 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
Name of appellee(s)
, appellee(s), to file a complaint in this appeal
(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
Name of appellee(s)
. appellee(s)
(1) You are notified that a rule IS hereby entered llpon 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 WI LL 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 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
This
MCST BE flUD WITHIN !:V! (5) DA
AFTER filing Ih'
'J!
Of
(:mvlMONWEAl TH OF PENNSYLVANIA
COUNTY Ot:...____
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sworm IAFfIHMEf): Al'JD
THIS llAYOF.
SUBSCRIBED BEFCmL ME
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09-3-03
/-1- ()O::;1'Y0
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
fiOUSBHOLD BAD: (BB), N .A. -,
1060 ANDREW Da APT/STE 170
nST CBBSTBa, PA 19380
L ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBER.LAIID
.
MDJ Name: HOI"\.
Address:
SUSAR 1[, DAY
229 HILL ST, BOX 167
HT. HOLLY SpaINGS, PA
VS.
ToI,phoo, (717) 486-7672 17065
DEFENDANT: NAME and ADDRESS
IJlOORE, EDWDr H
1502 HOLLY PIn
CARLISLB, PA 17013-9103
-,
ATTORNEY Foa PLAINTIFF :
BURTON JllEIL
BURTON JllEIL " A
1060 ANDREW Da SUITB 170
nST CBBSTBa, PA 19380
L
Docket No.: CV-0000044-05
Date Filed: 2/22/05
~
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THIS IS TO NOTIFY YOU THAT:
Judgment:
[i) Judgment was entered for:
DEl!'1ULT J'lJDt3I1I"II'I' DEl!'.
(Name) MOOR., 1l!nWTllr M
[iJ Judgment was entered against: (Name) ROIJR_OT.D lUI.1I11l' (RB) _ llr A_
in the amount of $
00 on:
(Date of Judgment)
4/1Q/Ol;
. .
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. 98127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
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 3D 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 NonCE 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 MA Y 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 PA YS IN FULL.
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
4- / <}#
Date
, Magisterial District Judge
I certify that this is a true
Date
proceedings containing the judgment.
, Magisterial District Judge
My commission expires first Monday of January, 2010
SEAL
AQPC 315-05
DATE paINTED:
4/20/05
8:03:39 All
BURTON NEIL & ASSOCIATES, P.C.
By: Yale D. Weinstein, Esquire
Identification No. 89678
1060 Andrew Drive, Suite 170
WestChester, PA 19380
(610) 696-2120
Attorney for Plaintiff
HOUSEHOLD BANK (SB), N.A.
1111 North Town Center Drive
Las Vegas, NY 89144
IN THE COURT OF COMMON PLEAS
Plaintiff
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OS - dS51c,
C2;u~l'-r Efl.~
EDWIN M MOORE
1502 Holly Pike, Carlisle PA 17013-9103
Defendant
: CNIL 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 THA T 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, PAl 70 13
Telephone No. 717-249-3166 or 800-990-9108
H-00286
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
HOUSEHOLD BANK (SB), N.A.
1111 North Town Center Drive
Las Vegas, NY 89144
: IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
EDWIN M MOORE
1502 HolIy Pike, Carlisle, PA
Defendant
: CIVIL ACTION - LAW
Complaint
1. The plaintiff is HOUSEHOLD BANK (SB), N.A., with place of business located at
1111 North Town Center Drive, Las Vegas, NV.
2. The defendant is Edwin M Moore, who resides at 1502 Holly Pike, Carlisle,
Cumberland County, Pennsylvania.
3. Plaintiff, a national banking association, engages in various types of banking business
including consumer lending through the issuance of credit cards.
4. Plaintiff furnished consumer credit to the defendant by means of a credit card with
account number 5433390004534997 hereinafter referred to as the credit card account.
5. Plaintiff maintained an accurate and running record of all debits and credits to the
credit card account in its books of account.
6. 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.
7. Defendant received the monthly statements from plaintiff for the credit card account
without protest, dispute or objection.
8. Defendant in not protesting, disputing or objecting to the statements thereby assented
and agreed to the correctness of the balance due on the credit card account so as to constitute an
account stated.
9. The amount due plaintiff on the account stated is $1,298.48.
Wherefore, plaintiff demands judgment against defendant for the sum of $1 ,298.48, and
the costs of this action.
The law firm of Burton Neil & Associates, P.C.
By:
L & tCIATES, P.C.
einstein, Esquire
y for Plaintiff
VERIFICATION
Yale D. Weinstein, Esquire is attorney for Household Bank (SB) N.A. the within
plaintiff, and makes this verified statement on its behalf as to the truthfulness of the facts set
forth in the foregoing Complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities. Counsel rather than an officer or other representative of
plaintiff is verifying the foregoing Complaint because plaintiffs officers and/or representatives
are outside the jurisdiction of the court and the verification of none of them could be obtained
within the time required to file this Complaint. Plaintiff s counsel is verifying plaintiff s
Complaint based upon his review of plaintiff s records made available to him heretofore, and his
conversations with plaintiff s representatives.
Date: ~ ~r;;; r-
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JUDICIAL DISTRICT
09-]-03
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NO're
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DISTRICT ,US "~E' JuDGMENT
COMMON PLEAS No. 05:"1>1.$& C11VIL/U'-'--""i
NOTICE OF APPEAL
'~
COMMONWEAL TH OF PENNSy
LVAI\I,.l\.
""_fi..Allll ",,,,""-,,.
Notice \s given that the appellant has filed in the above Court of Common Pleas an appeal from T~e judgment rendered by \ne District Justice
on the date and in the case mentioned below.
"'.......11: OF ....""I!:LL....l\IT
....OO"l!:liS Of' ....""I!:I.,L...."'T
CITV
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ST....-rE ~I" COOl!!:
Household Bank eSE) N.A.
1111 North Towe. Center Drive
Las Vegas
NV 89144
D"'1'1I: 01'" JUOGMe:l\IT
IN THII: C....li. O"'IPI~"".fli
'/Je'e"""""
4/19/05
Household Bank (SB) N.A.
Moore
C:I.,"IM NO.
.V Oft ....GI!NT
TA 19 CV 44-05
LT 19
This block will be signed ONLY
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice,
a SUPERSEDEAS to the judgment for possession in this case.
as
waS Claimant (see Pa. R.C.PJP,
1001(6) in action before District Justl'ce, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signhwre of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
fThis section of lorm to be used ONL Y whpn appellant was DEFENDANT {see Pa. R,C,P.J.P. No, IQOI{l} in action before DistriCt Justice.
IF NOT USED~ detach from copy of notice of appeiJ( to be served upon appellee). .
PRAECIPE: To Prothonotary
Enter rule upon
Name of appe/lee(s)
. appellee(sl. to file a complaint in this appeal
(Common Pleas No.
) within twenty (20\ days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attcirn~y or agent
RULE: To
Name of appellee(s)
, appelleelsl
" (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal-within twenty'(20) da.ys after the date O.
service of this rule upon you bV personal service or by certified or registered mail.
121 If you do not file a complaint Within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU.
!3) The date of service of this rule if service was by mail is the date of mailing.
Date:
,19_.
JAil .wMlOM
lIWI'l .A AH2\1j\M
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YlMlIlOIIImIQ ,
IlIDS ,to! 1ul.1MqIl).-me>:>.,..
AOPC 312-84
COURT FILE
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WInCE OF NOTICE OF APPEAL AND RULE TO FILE COM
Sf f:ILED WITHIN FrVE (5) OA YS AFTER fi/jng the notice of appeal. Chi>
COMMONWE<\\~TH OF PI NNSY .VA :tA
COUNTY OF (1 t.t~Ao.'ld _
;..
AFFIDA,:.T: I he'ebv sv "d' 'airm that I served d5-cJ,'5/5J:> C\V: \
wacopy d the,.o ,;;;.;;,;f Ar~Jl;al. Common Pleas N,o..~~, upon th,;'_ Ol\tt:ct Ju';t
(date of s;rVfce, L'--~_,.._ ,~. Ll bv pcrSOfial $fHVICe [&J by \certifi
receipt atachec l(1 to, iild upon thf: appellee, (name) ~1 o.-.N---=-\[b.oo_cc
~t~,~---- ,~. bV personal servIce g<:[ by (certified) \rcq;"tcli:(l) mail, setH
[] and furttv:f tha I rved the Rule to FIle a Complaint accornpany:ng t/1l' above Notice of ApI
whom the Hule ,\cas -fdrrssed U\L~ ____________._._, 19 hy personal St~rv;c;
,mail, send'_,~rJs req~\p' attached hel'eta
;WORN (!l.f~RMED) i,ND ,UB:;CRI8ED BEFORE ME
rHIS Z~DAY OI_~ ___. 'If.,?a<6
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igfliJture 01 official belotf;' whom affddV,!. wac made
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dIe of official
Iy commission expires o'~4- .'.'t,__, S ,,?1Jl>8
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
HOUSEHOLD BANK (SB), N.A.
VS.
EDWIN M MOORE
: NO. 05-2556 Civil
Defendant
: CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYL VANIA
SS
COUNTY OF CHESTER
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 May 31, 2005 he served Plaintiff s complaint on Defendant by certified mail, return
receipt requested;
3, That attached hereto marked Exhibit 1 and incorporated herein by reference is a true and
correct copy of the return receipt card;
4. That this Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
In making this communication, we advise that this of ce s a debt collector.
DATED:
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HOUSEHOLD BANK (SB), N.A. IN THE COURT OF COMMON PLEAS
1111 N . Town Center Drive, Las Vegas, NV &9144
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 05-2556 Civil
EDWIN M MOORE
1502 Holly Pike
Carlisle PA 17013-9103
Defendant
: CIVIL ACTION - LAW
Praecipe for Default Judgment
To the Prothonotary:
Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and
against the defendant, and assess damages as follows:
Principal:
$1,298.4&
TOTAL
$1,298.48
Understanding that false statements herein made are subject to penalty under 18 Pa, C.S. I) 4904 relating to
unsworn falsification to authorities, 1 verifY that:
1. The above are the precise last-known addresses of the judgment debtor and creditor.
2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is
to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of
the filing of this praecipe.
3. Pursuant to Section 20 I (b )(1 )(A) ofthe Servicemembers Civil Relief Act of2003 (SCRA), the defendant
is not in the military service of the United States based on infonnation received from the defendant and/or the
Department of Defense website.
JUDGMENT BY DEFAULT ENTERED
AND DAMAGES ASSESSED AS ABOVE.
NOTICE IVEN UNDE PA.R.CIV.P.236
BY:
Pro P
on Nei , Esquire
ttorney for Plaintiff
J.D. #11348
1060 Andrew Drive, Suite 170
W. Chester, PA 19380
The law linn of Burton Neil & Associates is a debt collector.
H-00286
I IUlIII III 111t\1 11111 11111 111111111111111111
11111111111111111111111111111111111111111111111111111111111111111I111111111I1111111111111I
HOUSEHOLD BANK (SB), N.A.
IN TIlE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
: NO. 05-2556 Civil
EDWIN M MOORE
Defendant
: CIVIL ACTION - LA W
Notice of Intention to File Praecipe for Default Judgment
TO: Edwin M Moore
1502 Holly Pike
Carlisle PA 17013-9103
DATE OF NOTICE:
June 20, 2005
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by attorney and
file in writing with the court your defenses or obligations to the claims set forth against you. Unless you act
within ten (10) days from the date of this notice, a judgment maybe entered against you without a hearing and
you may lose your property or other important rights. You should take this notice to your lawyer at once. If you
do not have a lawyer or cannot afford one, go to or telephone the following office 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, P A 17013
Telephone No. 717-249-3166 or 800-990-9108
BURTON NEIL & ASSOCIATES, P,C.
BY:
Edward J 0' Brien, Esquire
Attorney for Plaintiff
Identification No. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
The firm of Burton Neil & Associates, P.c. is attempting to collect a debt.
H-00286
"111111 III III1It IIIl1 1111111111 1111111111111
11111111111111I11111111111111111111I111111111111111I111111111111111111I1111
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BURTON NEIL & ASSOClA TES, P.C.
BY: Burton Neil, Esquire
Identification No. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
ATTORNEY FOR: Plaintiff
HOUSEHOLD BANK (SB), N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
VS.
: NO. 05-2556 Civil
EDWIN M MOORE
Defendant
: CIVIL ACTION - LAW
RULE OF CIVIL PROCEDURE NO. 236 (REVISED)
Notice is given that a mDGMENT in the above captioned matter has been entered against you on
Or-:-!-
,;2~ ;)N~ (""
,
Prothonotary
B, (J~..
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
The law finn of Burton Neil & Associates is a debt collector.