HomeMy WebLinkAbout05-4637OF
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. _ V tsA
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 referenced below.
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CV -0000 14 7--05
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i nis block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. If ap /ant was C/almant
10086. (see Pa. R. C. P.D.J. No. 1001(6) in action
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
S"l- of Rofhonofery w Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
.
of appellee (a)
appellee(s), to file a complaint in this appeal
(Common Pleas No. pCQibS 3? ,(? V ) within twenty (20) days after service of rule or suffer entry judgment of non pros.
RULE: TO Signature o/appellant or ettomey or agent
Y-M4tdt G 'f)S er.?-iP/FiA/•F/?ellee(s)
Name of appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: ?., . 20(15.
Si nature o Prot ?o fary e y
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE PILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeaL Check applicable boxes")
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT
I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No,
upon the District Justice designated therein on
,20 ? by personal servtee El by (certified) (registered) mail,
(date of service)
on
sender's receipt attached hereto, and upon the appellee, (name)
zp ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED B ZFOORE ME
THIS DAY OF
Signature of ottlda(be/ore whom elyde>2t was made
Title Of offivol
My commission expires on 20
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AOPC 312A - 02
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No..
09-3-03
MDJ Name. Hon.
SUSAN K. DAY
Adaess' 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, pA
Teiephooe: (717 ) 486-7672 17065
REGINALD ATKINSON
188 CEDAR LN
CARLISLE, PA 17013
05- '-IU7 c. -J
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME antl ADDRESS
.TM!®[PC COMPANY-ASSIGNEE CITIFINAN.7
221 E. MARKET ST.
P.O. BOX 131
LCLEARFIELD, PA 16830
DEFENDANT: VS.
fiTXINSON, REGINALD NAMEantlADDRESS
188 CEDAR LN
CARLISLE, PA 17013
J
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F cket No.: CP-0000167-05
te Filed: 6/07/05
THIS IS TO NOTIFY YOU THAT:
Judgment: DRVAm mn
s___(31RRli'1` pLTF
® Judgment was entered for: (Name) TMwnr+ ??MpA _Afil7rr,_ It rTTT
® Judgment was entered against: (Name) ATXIMS0g RRa1NAT T
in the amount of $ ? g on: (Date of Judgment)
Defendants are jointly and severally liable.
(Date & Time)
D Damages will be assessed on:
0 This case dismissed without prejudice.
lease $ Amount of Judgment
? Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
Portion of Judgment for physical
damages arising out of residential
Judgment Costs
Interest on Judgment
Attorney Fees
Total
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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PRnVIn=n,a r?? ... . -.. __ _...__
'-v?cuumt t-UH MAGISTERIAL JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FUIRTHER 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.
J2 ,Z2-ta!5- Date
I certify that this is a true nd correct copy of the reco d of
Date
Magisterial District Judge
proceedings containing the judgment.
Magisterial District Judge
My commission expires first Monday of January, 2010 .
AOPC 315-05 DATE PRINTED;
8/24/05 8:06:53 AM
SEAL
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(I his proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTEP filing of the notice of appeat Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C.t1H'/be/Z-?f : ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
9
senders receipt attached hereto
Al ;n> yb 57
a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therem on
(date of service) , 20 ? by personal service by (certified) registered) mail,
',?i?g? on
sender's receipt attached hereto and upon the appellee, (name)
20 ? by personal service ll(4by (certified) (registered) mail,
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
7MS. DAY
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Si,gAt&e Ot omciat before whom affidavit was made
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My commiss' res on , 20
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AOPC 312A - 02
COURT OF COMMON PLEAS
Judicial District, County Of
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
FROM
COMMON PLEAS No. kGO j
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 referenced below.
r`"y -3 3
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V- Om,%-, I L: r-o J' I T i,"Itl
CITY
tl -0000 I 1-n4
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDERS to the judgment for possession in this case.
r- .? toalana
ANT 00. ORNEV RAG
was Claimant (see Pa. R.C.P.D.J. No.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signafum orPwfhonotaryor Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon JY'f MA"r ?,. __ ?yyS rUu°u C.U/!'J ''V appellee(s), to file a complaint in this appeal
Name of appelleets)
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature or appellant or attorney or agent
RULE: ToIT_???'C,(`o.''J?5$rvt/ea-L-+f2YS9?-'.ellee(s)
Name of appellees)
(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 hot 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: P 2065'. -4 a
't - - - - Si natureorrYmno Lary o D
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
rnl INTY nF CUMBERLAND
Mad Dist. No
09-3-03
MW Name. Hon.
SUSAN X. DAY
Addn-s 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone (717) 486-7672 17065
REGINALD ATKINSON
188 CEDAR LN
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for:
NU I Il:t ur JuutamtN II I rtE?tva?,rtlr I
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
rJKKKPC COMPANY-ASSIGNER CITIFINAN.?
221 E. MAi ST.
P.O. BOX 131
LCLRARFISLD, PA 16830 J
VS.
DEFENDANT: NAME and ADDRESS
FATXINSON, REGINALD
188 CEDAR LN
CARLISLE, PA 17013
L J
DocketNo.: CV-0000167-05
Date Filed: 6/07/05
999
(Name) mrvr nnrtvaw_,assr[_, mare VTTI
® Judgment was entered against: (Name) AT =titsox, y1maTMAr n
in the amount of $ 2,3l;7-g2 on:
? 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) A/22/Ds
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
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 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.
z Date Magisterial District Judge
I certify that this is a true nd correct copy of the reco d oft proceedings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2010 .
SEAL
AOPC 315-05 DATE PRINTED: 8/24/05 8:06:53 AM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST
(ACROSS FROM
COURTHOUSE)
P. 0. BOX 131
CLEARFIELO, PA
JMMMPC COMPANY, Assignee from
Citifinancial,
Plaintiff
Vs.
REGINALD ATKINSON,
Defendant
CIVIL DIVISION
No. 2005 - 4637 Civil
COMPLAINT
Filed on Behalf of:
Plaintiff, JMMMPC COMPANY,
Assignee from Citifinancial
Counsel of Record for This
Party:
JOSEPH COLAVECCHI, ESQUIRE
Pa. I.D. #06810
COLAVECCHI & COLAVECCHI
221 East Market Street
P.O. Box 131
Clearfield, PA 16830
814/765-1566
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
i
NOTICE
You have been sued in Court. If you wish to defend against
JMMMPC COMPANY, Assignee from
Citifinancial, No. 2005 - 4637 Civil
Plaintiff :
Vs.
REGINALD ATKINSON,
Defendant
the claims set forth in the following pages, you must take action
within twenty (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
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
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P.O. BOX 131
CLEARFIELD, PA
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
800/990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
JMMMPC COMPANY, Assignee from
Citifinancial,
Plaintiff
VS.
REGINALD ATKINSON,
Defendant :
COMPLAINT
No. 2005 - 4637 Civil
1. Plaintiff is JMMMPC COMPANY, a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania having
its principal office at 221 East Market Street, Clearfield,
Pennsylvania 16830, which is assignee from Citifinancial.
2. Defendant is Reginald Atkinson, an adult individual, who
resides at 188 Cedar Lane, Carlisle, Pennsylvania 17013.
3. An account payable was made and stated between
Citifinancial and Defendant based on an account in writing arising
out of the use of Credit Card No. 09080332829 issued by
Citifinancial for Defendant's use.
4. A copy of the account is in the possession of Defendant
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P. 0. Box 171
CLEARFIELD, PA
and was accepted by Defendant and retained without objection in
whole or in part to any item being made. The amount owed to
Citifinancial as of June 13, 2003, is $2,283.82 to which interest
would be added from that date, said statements concerning the
account having been mailed to the Defendant on a monthly basis and
is in his possession.
account having been mailed to the Defendant on a monthly basis and
is in his possession.
5. A copy of the account terms is in the possession of
Defendant and it was accepted by Defendant and retained without
objection in whole or in part to any item being made.
6. Defendant has failed to pay the amount owed in accordance
with the account agreement and have failed to pay the outstanding]
debt as agreed.
7. Defendant is indebted to Plaintiff in the amount of
$2,283.82, plus interest and costs.
8. Plaintiff has made demand upon Defendant for said sum and
no part has been paid as of the date of the filing of this
Complaint.
WHEREFORE, Plaintiff demands that judgment be entered in favor
of Plaintiff, JMMMPC Company, and against Defendant in the amount
of $2,283.82, plus interest and costs, and any other such relief as
this Court deems reasonable and just.
JOSEPHL74VE(3CHI, ESQUIRE
Attorney Tnd Agent for Plaintiff
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P. 0. BOX 131
CLEARFIELD, PA
2
VERIFICATION
I, JOSEPH COLAVECCHI, ESQUIRE, declare that I am the attorney
and agent of JMMMPC COMPANY, Plaintiff in this action, and I am
duly authorized to make this verification on its behalf. I have
read the foregoing Complaint and know the contents thereof and that
the same is true of my knowledge, information, and belief. I
understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
JOSE COLAVECCH
LAW OFFICES OF
COLAVECCHI
& COLAVECCHI
221 E. MARKET ST.
(ACROSS FROM
COURTHOUSE)
P. 0. BOX 131
CLEARFIELD, PA
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C-Ft FjN;?wc, c i,vr
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA CIVIL DEVISION
ANSWER
THE DEFENDANT ANSWERS AS FOLLOWS:
1. DENIED: I DO NOT HAVE KNOWLEDGE OF ANY CARD FROM
CITIFINANCIAL.
2. DENIED: I DID NOT USE OR HAVE A CITIFINANCIAL CREDIT CARD
3. DENIED: I DO NOT HAVE, AND I NEVER HAVE HAD IN MY POSESSION A
COPY OF THE SAID ACCOUNT, AND I HAVE NEVER RECEIVED
MONTHLY STATEMENTS.
4. DENIED: NEVER HAD A COPY OF SAID ACCOUNT. THEY HAVE THE
WRONG PERSON.
3. DENIED: I DO NOT OWE THE PLAINTIFF ANY MONEY.
6. DENIED: I NEVER DID BUSINESS WITH, NOR DO I OWE THE PLAINTIFF
ANY MONEY.
7: DENIED: NO DEMAND HAS EVER BEEN MADE. THEY HAVE THE WRONG
PERSON.
)dGINALD ATKINSON
N
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-Ij
n;
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-04637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
JMMMPC COMPANY ASSIGNEE CITIFI
VS
ATKINSON REGINALD
MICHAEL BARRI
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ATKINSON REGINALD the
DEFENDANT , at 1430:00 HOURS, on the 19th day of September, 2005
at 188 CEDAR LANE
CARLISLE, PA 17013 by handing to
REGINALD ATKINSON
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.60
Postage .37
Surcharge 10.00
.00
33.97
Sworn and Subscribed to before
me this _? _ day of
-d Joo %J A.D.
a
Protho ary
So Answers:
R. Thomas Kline
09/21/2005
JMMMPC COMT?`ANY
By:
Deputy-Sherit f
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
O5- '4` 3 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
n.,a. r-n„rrhm, zo Crniare • Carlisle. Pennsvlvania 17013 • (717) 240-6195 • Fax (717) 240-6573