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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. ^J-O -e CV -0000 14 7--05 tP1,V, $S. K. 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 N J 1 _• _17t O -p 4 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 7 L J 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 W i 9J Ilk- .?.. --. 7 H (i 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 O?^",?:1jr._. _ _•21,j?_? r 7T? f , Si,gAt&e Ot omciat before whom affidavit was made iii 7f /+ q T3)9of oftidat My commiss' res on , 20 _ NOTARML BE& SkW S A My ConYllietlp? ?? J* 27 c R=te - s,gnatare of afhant C) - o d r a, _ fU f ?7 r J c? 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 .O 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 C= o R MO Ln U ^c 47 -i W C-Ft FjN;?wc, c i,vr J f'f T/=/NSD t)ci=.ti< i?/ 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 O -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