HomeMy WebLinkAbout05-3389COMMONWEALTH Of PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
Cumberland
appewe(s)
NOTICE OF APPEAL
Notice is given that the appelkmt has fled 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.
CV
LT
777-04
This block will be signed ONLY when this notation is required under a R.C J.P a If a (last was CLAIMANT (See Pa. R.C.P.J.P. No.
1008B.
This Notice of Appeal, when received by the District Justice, II o e s a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
Signature o/ Prothonotary or Deputy 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
(Common Pleas Na
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nw
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,
Signature of appellant Of ha attorney Or agent
RULE: To
Mane of appeAee(s)
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 WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: _
Signature of Prothonotary a Deputy
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
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COMMONWEALTH OF PENNSYLVANIA
rni IK1Tv nF. CUMBERLAND
Dist No:
09-3-04
MDJ Name: Hon.
THOMAS A. PLACEY
Address: 104 S SPORTING HILL RD
MECHANICSBURG, PA
,elephene: (717 ) 761-8230 17050
ATTORNEY FOR PLAINTIFF :
JORGE M. PEREIRA ESQ
101 N CEDAR CREST BLVD
ALLENT WN, PA 18104
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for:
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FCAPITAL ONE
101 N CEDAR CHEST B
C/O JORGE PEREIRA, ESQ.
LALLENTOWN, PA 18104
VS.
DEFENDANT: NAME and ADDRESS
FCAVRICH, DOUGLAS
308 FIRESIDE DRIVE
CAMP HILL, PA 17011
L
Docket No.: CV-0000777-04
I Date Filed: 12/17/04
Post Judgment Credits $
Post Judgment Costs $
® Judgment was entered against: (Name) C,vT'T r nNE
in the amount of $
? Defendants are jointly and severally liable.
El 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 $
Amount of Judgment $ 00
Judgment Costs $ 00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
(Name) ^ayRT['Ai, nnrrr•r &A
on: (Date of Judgment) 6J'14Inc;
J
7
J
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/C(ERK OF THE 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
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.
x
`I r Date Magisterial District , Judge
d of the p oceedings containing the judgment.
Cor
I certify that this is a true a d corrgCt-eepynf th'b e -
I ! i ` Date Magisterial District Judge
My commission expires first Monday of January, 2010 .
(Date & Time)
SEAL
ADPC 315-05 DATE PRINTED: 6/14/05 .4:05:46 PM
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE
CIVIL ACTION
Plaintiff
' , )aAA%
CASE NO.: F/?/ ' 3
VS.
DOUGLAS CAVRICH,
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 IS SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY 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
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 IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR
CARLISLE, PA 17013
(717) 240-6300
DOUGLAS M. MARINOS?
& AS ? CIATF?S', P.C.
Jorge . Pereira, Esquire
r At I. . #75242
tt ey for Plaintiff
101 N. Cedar Crest Boulevard
Allentown, PA 18104
(610) 434-2814
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE,
CIVIL ACTION
Plaintiff
CASE NO.:
VS.
DOUGLAS CAVRICH,
Defendant
COMPLAINT
1. Plaintiff, Capital One, ("Capital One") is a banking institution with an address
of 456 N. Kimball Place, Boise, ID 83704.
2. Defendant, Douglas Cavrich, is an adult individual with an address of 308
Fireside Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Capital One issued the Defendant a credit card subject to the terms of the
Cardmember Agreement ("Cardmember Agreement'). A true and correct copy of the Cardmember
Agreement is attached hereto, made a part hereof and marked as Exhibit "A".
4. Defendant has incurred charges for purchases, cash advances and/or finance
charges in the amount of TWO THOUSAND TWO HUNDRED THIRTEEN and 47/100 DOLLARS
($2,213.47) as of June 30, 2005.
5. Defendant's obligations are based on a subsisting debt, were in writing and arise
from a preexisting account.
6. Defendant is liable to Capital One on this debt as an account stated.
7. Defendant has defaulted on his obligation to make payments to Capital One by
failing to make any payments from and after September 17, 2004.
8. Pursuant to the Cardmember Agreement, Capital One may declare all amounts
due under the Cardmember Agreement immediately due and payable without notice or demand.
9. Under the Cardmernber Agreement, Defendant is required to pay all the attorney's
fees Capital One incurred in exercising its right to collect, which Capital One anticipates to be in the
amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00).
10. As of June 30, 2005, Defendant is indebted to Capital One under
the Cardmember Agreement in the amount of TWO THOUSAND TWO HUNDRED THIRTEEN and
47/100 DOLLARS ($2,213.47), plus interest accruing from and after June 30, 2005 at the per annum
rate of 6%.
WHEREFORE, Capital One demands judgment against the Defendant in the amount of
TWO THOUSAND SEVEN THIRTEEN and 47/100 DOLLARS ($2,713.47) (comprised of real debt
in the amount of TWO THOUSAND TWO HUNDRED THIRTEEN and 47/100 DOLLARS
($2,213.47) and anticipated attorney's fees in the amount of FIVE HUNDRED and 00/100 DOLLARS
($500.00)) plus interest from and after June 30, 2005, at the per annum rate of 6% and costs of suit.
DOUGLAS M. MARINOS
& ASSOCIATES, P.C. /
Io Pereira, Esquire
emnevy #75242
A for Plaintiff
101 N. Cedar Crest Boulevard
Allentown, PA 18104
(610) 434-2814
CUSTOMER AGREEMENT
%VELCOME TO CAPITAL ONE7. We arc pleased to opca your
credit card account. This Agrecnted contains infornacim about your
acmunl Please read it and keep is for your records. In this Agree-nnl
c,¢ words "you", "your," and "yours" refer to each prnon who signed
the application and to anyone else who uses the account in any wa)'.
ina wards "wc", "us", "our," mca- Capital 0-e Bank and its
successors or assigns. We can dclav enforcing trot rights order this
Agrccmci t without losing them. .
USipg Your Account. You can make purchases end obtain each
advances (ifcash advances arc an option for your account) by using
you, card, account number, and an/ account access checks (including
Purchase Checks, Convenience Checks, Special Transfer Checks and
other similar Checks) that we may send to you. When we provide you
with account access checks, Nye will tell you whether they will be
r. cared as purchases, cash advances or special transfers. Unless we tell
you alher%visc, Cor,vcoicncc Cheers will always be treated as cash
advances.
You agree that we arc not responsible if anyone refuses to honor
your account. If you do not use your account, you may cancel it by
tetummi; your card(s) and acwuat access checks to eswvithin 30 days
after you receive them.
Cash Equivalent Transactions. lfcash advances arc an option
for your account, you can use your account to purchase items that arc
directly convertibie to cash. These cash equivalent transactions will
be treated as cash advances and will be billed to the cash adymcc
segment of your account. Cash equivalent transactions include the
purchase of wire transfer money orders, bets, loacry tickets, casino
gaming chips, and other similar products or services.
Your Credit Limit. You agree to make purchases or obtain cash
advances only up to your credit limit. If you have different credit
limits for different scgmrn6 of your account, you will be infommd of
the credit limits on your periodic statement. We may change your
credit limit at any time, may limit the amount dial is available foc cash
advances, or may exclude cash advances entirely from your account.
We may honor transactions in excess of your credit limit and those
transactions will be covered by this Agreement
Making Payments. You promise to pay us all amounts due
resulting from the use of your account, including any finance charges
and other charges due under the terns of this Agreement, Payments
must be made in U.S. dollars. Payments made by a negotiable
instrument such as a check or a money order must be in`a form
acceptable to us and be drawn on a U.S. financial institution.
You must pay at least the minimum payment shown on your
stalcmmt. However, you may pay more than the minimum payment
or pay the balance in full. In any case, finance charges will continue
to be, assessed during billing periods that you carry a balance
regardless of whether or not your statement shows a minimum
payment duo
We can accept late payments or partial payments or checks and
money orders tnarkcd "payment in full" or other similar language
without losing any of our tights wrier this Agreement including our
right to receive payment in full.
Periodic Statement. Each month you have a balance in your
account, we will send you astatcment showing all transactions billed
to your account during the billing. period. The billing period is the
time from one statement closing date through and including the next
statement closing date. The statement closing date cictcrnures the
month of a specific billing period. For example, your January billing
period is the billing period with the statement closing date in January.
Finance Charge Information.
A. Minimum Pinance Charge. For each billing period that your
account is subject to a finance charge, a minimum total finance
charge of 50.50 will be imposed. If the total finance charge
resulting from the application your periodic rate(s) is less than
50.50, we will subtract that amount from the 50.50 minimum and
the difference will be billed to the purchase segment of your
account.
B. Accruing Finance Charge. You may not avoid finance charge on
cash advances and special transfers. You may avoid finance
charge on new purchases, new special purchases, and an new
other charges by paying rho total new balance in full prior to the
following statement closing data (this is the grace period on new
purchases). If you do not pay the entire new balance from the
previous monthly statement, finance charge will accrue an the
entire previous new balance from the first day of the new billing
00515.11
period. Finxtce charge, when applicabL, will be assessed as
follows:
Transactions made during the cu tent billing period: from
transaction date-
• Undated transactions and transactions made with
concc-ence checks? from the date the transaction is
processed to your account.
X Transactions made prmr to the cuaent billing period:
from the first calendar day of the current billing period.
C. Periodic Rats. Beginning na later than your February 1999
billing period, we determine the daily periodic rate by dividing
the annual percentage rate by 365 and rounding it to the nearest
11100,000th of 1%. (Until that time, we determine the daily
periodic rate by dividing the annual pcrentage rate by 365 and
rounding up to the nearest 111000th of 1%.) The rate may be
different for each segment of your, account (e.g. cash advance,.
p'scbase, seecial putchasa, a..d species transfer if applicable for
your nccouu:). You were told the daily peiodic mic(s) when you
opened your account. Ifyour account has an introductory rate(s),
the rate(s) will remain in effect unless you arc 30 days or more
late in making a payment or arc ovcrlimit in which case the
periodic rate(s) maybe changed to the postintroductory mtc(s).
If any other rate changes arc made subsequent to your account
opening, you will. be advised of the nov rate.
D. Calculating Fnnance Charge. We calculate finance charge each
day by multiplying the balance of each segment of your account
(e.g. cash advance, purchase, special purchase, and special
transfer) by the daily periodic rate(s) that has been previously
disclosed to you. Each day during the billing cycle, we apply
the daily periodic rate for each segment of your account to the
daily balance of each segment. We then add up the results of
these daily calculations to arrive a: your total periodic finance
charge.
To get the separate daily balaaees for each segment of your
account for r"_e current blliag cycle, each day we take the
separate begioning balance for each segment and separately add
ray tranwctioes and any periodic finance charges calculated on
the previous day's balance for each segment. We then subtract
any payments or credits posted as a: that day that arc allocated
to each segmert.11his gives us the separate daily balances for
each segment of your account. lio'xever, the daily balance for
purchases is considered w be xeto Co-, onca day of the current
hitting cycle if you paid in full the New Balance, ff any, shown
on your previous statement (or if your New Balance was uro
of a credit amount).
E. Carh Advance Fee Finance Charge. If a cash advance fee
applies to your account, you were told the fee when you opened
your account. The fee will be charged each time you obtain a
cash advance and will be added to the cash advance segment of
your account. If the fee is changed subsequent to your account
opening, you will be advised of the now fee.
Other Charges. The following charges may be billed to the
purchase segment of your account late charge if we do not receive
your payment in time for it to be credited by the following statement
closing date; ovulimit charge if your account exceeds its assigned
credit limit, even if we approved the ovcrlimit amount; returned
check charge if a cheek is returned to us for any reason, or if we
cannot honor your account access checks for any reason; and
copying charges for duplicate copies of transactions or statements
unless required for billing dispute resolution. Ihese charges will not
be assessed if your billing address was in PR when your account
was opened. The fee amounts were disclosed to you when you
opened your account. If any of these fees are changed subsequent
to your account opening, you will be advised of the new fee.
c05"5-21
!.embership Fee. If your accbunt has a membership Cc., it
u disclosed to you when you opened your account The fee will
c billed to the purchase segment of your account If the [cc is
hanged subscgwnt to yos account opening, you will be advised
,f the change.
:uture Offers, The term army f.:rtuc offer will be disclosed tc
:au at the time the o to is MIde. If }'ou seep[ an offer, the tens
..;II become cffcetive immediately unless otherwise spec ificd i
4: offer.
Default. We may consider you to be in default under this
Agreement if. (a) you fail to pay the minimum payment on time,
(b) you exceed your credit limit, or (c) you pay us with funds that
arc returned for any reason. To the extent permitted by law, you
may also be in default under this Agreement if. (1) you violate any
of the other terns of thus Agreement, or any of the temas of any
oti cr agreement with us or any of our affiliates, or (2) you made
any false or misiading statements on your application, or (3)
bankruptcy or other insolvency?aoceedings are instituted by you
or against you. AOcr you are in default (or after we give you any
notice of or right to cure the default if required by law), we may
restrict your account Romnnv transactions, or close your account
and demand immediate payment of the entire outstanding balance.
To the extent lacmutud by law, you agree to pay all court costs
and collection expenses incurred by us in the collection of any
amount you owe us under this Agreement. If you default and we
refer your account for collection to an attorney who is not our
salaried employee, to the extent permitted by law, you agree to
pay reasonable attorneys' fees. You also agree to pay any costs we
may incur in retrieving your ends, including any costs we may
incur by having your account placed on a restricted list.
If You Close Your Account. You can close your account by
notifying us in writing. If you close your account, you must still
pay all amounts you owe Us and will be responsible for any
charges that you authorizd prior to giving us your notice. If there
is a membership fee for your account, the fee will continue to be
charged, to the extent permitted by Inc, until the aceountbalance
has been paid in full. You must also return all cards and account
access checks to us, cancel all preauthorized billing arrangements
and cease using your account ..
If you.wam to stop an authorized uset--s access to your account,
you must send us written notice along with the user-s card Veiny)
and any account access checks he or she may have. If you are
Unable to return that person's cud and account access checks, and
you advise us in writing to close your account, your account will
be closed and both you and thejoint cardholder, if any, may apply
for a new account- If we close thc account, you and the joint
card'noldcr, if any, will still be liable, individually and together,
for all amounts charged to your account.
If We Cencel Your Account or Suspend Credit
Privileges. We may at any titre, with or without cause and
without advance entice, terminate this Agreement andbr
temporarily or permancady suspend Your credit privileges. J 'hi,
ccludcs, :Lt is not lu-n ted lo, sitnaaors v!acrc you have violated
this Ag:e.m.crt or where Nye have reason to doubt your
cedinvor.L-ss (tor example, if you pr: us with isufficicot
funds cocks on mare than an occasional bass). Your
obligations =der this Agreement continue after you; righs to
obtain erc;:ir have becu terminated c susperdtd. 1`i e-rmy delay
in enforce., a= rich's under this Agreement without losing
them.
Changes In Terms. We may amend or change hay part of
your Agreement, including the peodic rates and oche: charges,
or add or tmove requirements at any time. if we do so, we will
give you notice if required bylaw of such amendment or change.
Changes to the annual percentage r_lc(s) will apply to your
aecouatbaiance from the effective date of the chmge, whether
or not the account balance included items billed to the account
before the change date and whether or cot you continue to use
the account- Cb.ges to fees and othc charges will apply to your
account from the effective date of the change.
Applicable Low. This Agreement will be governed by
Virginia law and Federal law.
Severability. 'Mc invalidity of any provision of this
Agreement shall not affect lire validity of any other provisions.
Lost or Stolen Cards or Account Access Checks. Ifyour
cards or account access checks are lost or stolen or if someone
else may be using them without your permission, notify us at
once by calling the telephone number shown on the front pf your
periodic statements. Your liability for unauthorized use ofyour
cards or account access checks will not exceed $50.00. You will
not be liable for unauthorized use that occurs after you rodfy us.
Your IlMing Address.You agree to give us written notice of
any change in your billing address at least 10 days before the
change. Changes may be written in the space provided on the
remittance coupon portion of your periodic statement or may be
sent to the following address: Capital One, P. O. Box 35015,
Richmond, VA 23285-5015. If your account is a joint account
or, if mare than one person is permitted to use it, you agree that
all notices regarding the account may be scot solely to the
address sbmvn on our billing records.
Communications. We may call you (using live operators,
automatic dialing devices, or recorded messages) at home or
work and those calls will not be considered uresotieited We may
monitor or record any calls we make or receive. We rosy release
information to others regarding the status or history of your
account We may make inquiries of third parties in connection
with maintaining and collecting your account, and you authorize
such third parties to release information about you to us.
Cardholder Benefits. Cardboldcr benefits may be changed
or terminated without notice. The benefits may be provided by
third parties: we cure act liable for such benefits or for the actions
or omissions of the third parties.
U.S. Currency. If you make a purchase or cash advance in
foreign currency, the transaction will be converted into U.S.
Doiius using Visa or MasterCard regulations and Visa or
MasterCard may charge you a conversion fee. The rate in effect
on the conversion date may differ from the rate used on the
transaction date.
VERIFICATION
I, Tracey Eccles, agent of Capital One
verify that I am authorized to make this Verification on behalf of the Plaintiff and I verify that the
facts contained in the foregoing pleading are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
TRACEY ECCLES
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Jo3`?T^lr W? r?
ROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
f Thds proof rf service MUST BE F(LriD WITHIN TEN: !O1 DA'?S AFTER €rt4r7y rat rpVice Of Pokta+. C`>e c ppt;cab,e bnxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF- . Lehigh
AFFIDAVIT: t herebt s? eat or affirm that i s ryr;d
}[ a cooy Of the Notice of Appeal Common Pleas No.. Jpon ti,=. mereln or,
(date ofservtce) -_J by persorfa! stvvlce f.4 br ieert?fiel'} ;?ayiS?erefr r;tttil. s2eder'S
teeeipt aWtaehed vreto. and upon the appelk ;, 'nof, DOU9las_-satiric-h---__ ---- - --- ----- --_. on
July 7 by personal service Eby fcertified) (registered} mai!, sender's receipt attached hereto.
L.? find further that I served the PWe to File a Compi',imt ace:xnpiny nq the above. NFftu e of Apppai upon the appmn ei;;} to whom
the Rule was addressed on _____.- . ----- ----- -- -------- _._-_ ?., , ; ...r:,Tr s! ,er?ice r.-, _ ±y ;^eniftc, s ?rnntgtared?
maii, sonoer`s receipt attached hereto- -
SWORN (AFFIRh FDL AND SUBSCRIBED BEFORE IME
THIS DAY OF -_J..?_._-, : 2005?, _i.._-.?`?------------
SS l)a2tore e Y ,et *Jefp l prhCm 3ftp3 Ni" srT
rifle Of pfticf3r -? N_?_.
My commission expires on _. _ $?[La ?p
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Amy L. Glass. Notary peptic
South Wpitehall Twp., Lehigh County
MY Camnission Expires Sept. 8.2008
Member, 1 znnsyi"1* Assecia...a 0(Notaries
Postage $ ,. / Y,R f? skiff
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Box NO. /V --- - - ---'-----
--------------
55tate,Z1 FL4-.
2. ?-Rmwlm
M. Pereira, Esquire
JUDICIAL DISTRICT
NOTICE Of A"KAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na . 'J °;Y
4
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
dote and in the case mentioned below.
SIGNAT OF APPELLAM 5-R HIs Y OR AC147 i - - _
CLAW 46 CV 7
This block will be signed ONLY when this notation is required under a. R.C JP/ w if appemant was CLAIMANT (see Pa. R.C.P.J.P. No.
1008&
This. hlotice of Appeal, when received by the District Justice, w I. a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case L FILE A COMPLAINT within twenty (20) days after
'gtature of Prothonotary or Deputy
fifing his NOTICE of APPEAL.
PRA#CME'TO`ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of tofm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appal to be.served upon appellee).
PRAXICIPEs To Prothattotary
Enter rule upon , oppellee(s), to file a complaint in )his,appoal
Name. o/ appepae(s1
((.afMgn Pleas Na ) within twenty (20) clays after service of rule or suffer entry. of judgrnere of non pros
swaim of gtof?eltt(fP;isr a'oww cr aprnt
RI-9t To avPellee(s)•
Nrns of aapeE66{s)
4Wt Riti.sldte,of
(I't lsstu am noNW a rule y heme y antlered Loma you to fle o cgiryfllsint in this appeal imii? iliIj2%ik0Ml 0
service of this nrle upon you ''<SY persopal serAoe or?by o:aMed GT:gIgliftNedTt(7E- .... '
(411 "you, do not file a complaint w*#n tha time, a JUDGMENT OF NON PROS WILL BE ENIVW,ACA"T Y041
(3) The dale of service csf'thi? rsae If servjat wms by mail is the date of trailing.
Daft:
9prsero of ft*SV *y Or 11*1
AOPC 312-90
COURT FILE
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE,
Plaintiff CIVIL ACTION
vs.
Case No.: 05-3389 CIVIL TERM
DOUGLAS CAVRICH,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Kindly reinstate the Complaint with regard to the above-captioned matter.
DOUGLAS M. MARINO
& AS CIATES P.C.
V Pereira, Esquire
. #75242
for Plaintiff
edar Crest Boulevard
Allentown, PA 18104
(610)434-2814
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N
Curtis R. Long
Prothonotary
®ffice of the i9rotbonotarp
Cumberranb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
`CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 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