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Home My WebLink About95-03979 5. On or about April 13, 1995, tho Defendant, ROSE L. GIFT called the Plaintiff, D & D DISCOUNT BROKERAGE SERVICES, at its principal place of business and spoke with Robert F. Spangler, Jr., President of D & D DISCOUNT BROKERAGE SERVICES. 6. At the time and place aforesaid, Defendant, ROSE L. GIFT placed an order for the purchase of 900 s~ares of Vanguard Cellular Systems, Inc. at $23.25 per share for a total cost of $20,925.00. 7. Upon placement of the order for the purchase of the stock as above set forth, the Plaintiff, D & D DISCOUNT BROKERAGE SERVICES was entitled to a commission of $117.70. 8. On April 14, 1995, the Plaintiff, D & D DISCOUNT BROKERAGE SERVICES sent a confirmation notice to the Defendants advising that the total payment due and owing was $21, 042.70 and the said amount was payable in full no later than April 21, 1995. A copy of the Confirmation notice is attached hereto as Exhibit "A". 9. On or about April 20 or April 21, 1995, Barbara Peiffer, Plaintiff's Cashier, spoke with Rose L. Gift concerning the payment due and owing. Rose L. Gift indicated that her husband, David J. Gift was out of town and the funds to pay for the stock order were in an account which only her husband, David J. Gift could acceSB. 10. At the time aforesaid as set forth in paragraph 9 hereinabove, Barbara Peiffer, advised the Defendants that a late charge of $5.00 per day until payment would be assessed on the account and the Defendants agreed to the late charge assessment. 11. On or about April 27, 1995, the U. S. Clearing Corp., carrier of the account, by Mailgram, a copy of which is attached hereto as Exhibit "B", notified David J. Gift and Rose L. Gift, that ".. . pursuant to tho Securities and Exchange Act of 1934 we request that you deposit with us on or before 3 :00 PM New YOlk time on 05/02/95, funds in the amount of $21,052.70 which represents the amount due with respect to your purchase (s) in your special cash account with this firm". The Defendants were also advised that a service fee was charged to the account in the amount of $10.00, as reflected in the amount due and owing. 12. On or about May 4, 1995, payment was still not received from the Defendants, and therefore, pursuant to the RegUlation T, Securities and Exchange Act of 1934, the 900 Shares of Vanguard Cellular Systems Inc. stock were sold for $22.25 per share or $20,025.00. The sale, less a commission of $114.10, resulted in a loss of $1,131.80. 13. The loss resulting from the sale of the stock was assessed by U. S. Clearing Corp. against the plaintiff, D lie 0 DISCOUNT BROKERAGE SERVICES and deducted from the plaintiffs account for a loss to the plaintiff in the amount of $1,131.80. 14. In addition, plaintiff is entitled to late charges of $5.00 per day from and including May 11, 1995 calculated to the date of judgment is entered in this matter. 15. On or about May 5, 1995, the plaintiff notified the Defendants by letter dated May 5, 1995, a copy of which is attached hereto as Exhibit "C' that the stock was sold and the amount of $1,236.80 was due and owing. Said amount included $100.00 of late charges at $5.00 per day from April 21, 1995 to May 10, 1995. Plaintiff has demanded payment have continued to refuse to of the balance owing and make payment thereof as 16. Defendants requested. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pat C.S. Section 4904, relating to unsworn falsification to authorities. ~-l_' Robert F. Spangler, Jr. , NOTICE OF APPEAL COMMONWIALfH O' 'INNIYLYANIA COU.' O,cOMMOti ,UAI fROM '1- .:J 1 . " )~ JUDICIAL OII'llel DISTRICT JUSTICE JUDGMENT 95- .,/'i7'l t..~~ I..u-- COMMON ,L1AI No. NOTICE OF APPEAL Notice j, gi~ that the appellant hen filed in IllI! above Courl of Commoo Plea, on appeal hom the judgment rendered by the o;,lricl Ju,lice on lhe 1'1-_~ in the ca..~ioned below. /-:1 . ~~L:.bUid:S'u!fl-~------- --------------r~\moOi NAMfNDJ ~=t>~Lj~-AtJ-----~~-~---.LB~ KlCU~ ...mutoi=.lRuAN! -9""":- Olt j ".n lPCOO< ~~~~""'" lE~.x,--"'--.- .....- . tf-:JE"<:.. I . . ~ rn.~ """'I~~"U .....t......Axurll\lo'.."J. .Ilt-,,,,,t..'" ..\2~ 'D:D:..:\)'~~>:>JtTE!)~~ a~-.\. 'l~oiNf~~~ "1 ~~. cv 19(ura~..c,-:, - 4.. . r..:.. 'f"r" LT 19 '\~ ~W:::1- Thi. block will be Iigned ONLY when this notation i. required und.r Pa. RcpIi>. ~- Ii i]ppollant was CLAIMANT (see Pa. R.CP,JP. No. 10088. Thi. Notice of Appeal. when rec.ived by the Di.trict Ju.tic., will op.rat. a. a tOOl (6) in action before District Justice, he MUST SUPERSEDEAS 10 the Judgment for pa.....ion in ,hi. ca... FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. S'!1mture 01 PrnthOtlot.lfY 01 Ot'l)ljry PRAECIPE TO ENTER IiULE TO FILE COMPLAINT AND RULE TO FILE (This section of fO/1l110 be usrxl ONLY wilen appe/lalll was DEFENDANT fsm Pa nCPJp No, 1001(7) '11 aclion be/om Dls~ict Justice. IF NOT USED, delilcll/rom c",y 01 notice 0/ uptJf1allo be selVed IJpOll UI1lJClloo), PIAECIPEI To Prothonotary (Cammon Plea. No. 9,'- J 9 '19 ~JI'd N.';,... U/~~~1..J.).!~~ . oppeUee(s), to file 0 compkJint In this appeal r ~) within twenty (20) day. a!~~~~ice of ru~ or .ufler entry of judgment of non pro~ _tpg (,6.er $If11.1!t,e 01 atlX'I1YlI 01 h.s iJltomcv a agent Ent", rule upon . IULII To D R1~~'I'), (1) You are notified that a rule i. hereby entered upon you to file a complaint in this appeal within twenty (20) day. aft", the dot. of service of thb rule upon you by penonal service or by certified or registered moil. (21 H you do not file a complaint within this time, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule if .",vice was by mail I. the date of mailing. q..t, :J 1 .19ll Otu- o.~u~ Slgl.~ 01 r '" o..>ulr Date: .vlPC J'2.64 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT I Tins proof 01''''''''0 MUS T fJf flLCD WI f1I1N TEN f WI DA YS AFTErII,'",!} IIw 1I01,co 01 .pp"", CIWc, "ppl/cablo bo.e.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ____.__.. .____,~ ; II AFFIDAVIT: I ',"lOllY SWlJar or fiflirm thnll norvlld o .J I:UPY of ttw NotlCt' 01 Appenl. Comlllon Pleas No . upon the District Justice dosignated therein on faillU 01 sorvlce) . 19_1 0 by pursonul sorvlco 0 by (certlfIOd) (registered) mllll, sender's ((,cflipt allachfld hpretl), and upon thu nppl'lIf!l!. (llama) . on , 19--0 by personal scrVICU 0 by (eIHlilled) (registered) milll. sonder's receipt attached hereto o and Illrthef ltlatl sur\'od tho Rule to Fill! iI Complrunt accompanying tho above NollCU 01 Appeal upon the appellae(s) 10 whom tho Rille WilS nddressed on . 19---.0 by personal sOfvicc 0 by (certified) (reglstcrod) nUll!. scndllr's receIpt nllnchcd humiD SWORN IAFFIRMED) AND SUBSCRIBED BEFORE ME THIS .DAY OF ,19_ SIgnature 01 all,a"t Slgndlullt of olf,e',lf /;I"llI" ,,"11\l/f) .1"il/,h'/14,l$ ItldCJO .' r"lo0' o",cldl My commisSion 6)tpues on ,19_. .LI. .. -" (..- Co:' " .- ""~l ~ - ! \>\ ~ ~ . r....... I- I'- "\ "\ 1" .... ~ ") ... ~) . "" ..-.t. ''''' .... tn '" .:- t ~ ~ , " '" ." .., i': . f' ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGM':NT/TRANSCRIPT 09-3-05 PlAINTIFF: hAUl aNI AUt)l'lSU ro , D DISCOUNT BROKERAGE SERVICES I 28 E.SIMPSON ST. MECHANICSBURG, PA 17055 L ~ VB. DEFENDANT: r; NAU[ aM AOOO(OO -, GIFT, DAVID J., ET AL. 529 GOOD HOPE ROAD MECHANICSBURG, PA 17055 L ~ DDcketND,: CV-0000185-95 Date Flied: 5/30/95 t.l"U 0Itt No W N&tne 'VI RONALD E. KLAIR Add'_ 507 N. YORK ST. MECHANICSBURG, PA r_ 17171 766-4575 17055-0000 DAVID J. GIFT 529 GOOD HOPE ROAD MECHANICSBURG, PA 17055 THI8 IS TO NOTIFY YOU THAT: [!] Judgment was entered lor: (Name) D' 0 DISCOUNT BROKERAGE SERVI [!] Judgment was entered against: (Name) GIFT, DAVID J. In the amount 01 $ 1.281.80 on: (Date) 6/27/95 D Damages will be assessed Dn: (Date & Time) D This case dismissed wnhoUl preJudice. D Possession granted. D Possession granted if money judgment Is not salls1led wnhln thirty deys. D POIsesslon not granted. D Levy Is stayed lor _ days or 0 generally stayed. D Objection to levy has been lIIed and hearing will be held: I~' r-' Time: Amount 01 Judgment Judgment Cos1s Interest on Judgmenl Attorney Fees TOTAL $I,231.80 $50.00 $.00 $.00 $1,281.80 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FlUNG A NOnCE O~ AP J ~TH THE ~,!OTf:t10T~Y L CI:ER,Il~THE COURT OF COMMON PLEAS, CIVIL DIVISION. " l 7 f" Date..... 1. '}----.... . District Justice , I certify ~!!t tI~S I~~ true an.~~ect c2~' olJhe r!lcord 01 the proceedings containing the Judgment. , 11.1 ('r ") [iara- (? I t. ""9-.-,,- -- . District Justice My commission expires IIrst Monday of January, 1996, SEAL AOPC315-Q.4 JUDICIAL Dllnlet NOTICE OF APPEAL fROM 1 - .J 1- 'I ( DISTRICT JUSTICE JUDGMENT '1 i'- ..1'179 6...:,11',,"- CQMMOHWIALJH D' ..HHIYLVAHIA --.--- CDUIt 0' COMMON 'LIAS COMMON'UAINo. NOTICE OF APPEAL j-MAt.-{)l\l1iOot1l:AMi""O o1------~--- ~"l.:'.. ul,!)!' ,\ l_":li\..'L- \'~J.iJ~~'.I'(i'Jbl'- \"lC: ~n IL________.J.:.\ I . ')-',~ :~I7IN)~", -.=JJ'')l~IT~~-~J:'_~L'-:'; \t\M;K~):I't.P.~fl~~:.~~'ii~~~OIt<t'.6~~Z;J j ~ ).;,1 CV 19~ n-.-eC;~.;i) c.. . lT 19 ___ .P~. Q~L__ Thi. block will b. signed ONLY whon this notation i. required under Pc. RCP.JP. NCl /I appellant was CLAIMANT (see Pa. RC'p,J.P. No. 10088. Thi. Netic. 01 Appeal, when recei",d by the Di.trict Ju.tice. will operate a. a 1001 (6) in action before District Justice, he MUST SUPERSl:DEAS to the judgment Ill< po..e.lion in this ca.,,- FILE A COMPLAINT within twenty (20) days alter filing Itis NOTICE 01 APPEAL. Notice i, given thot the oppelklnt hen flkod in the obove Couft of Common Plt!U\ on nppt'ul flOm the judoment /lmdl~lt.d hy the Oi\trkt Ju,tice Oil the 1r r..!:' l~ calO ~"':'ianed bol~ ~ r....- ~_~ia~~-L--. , )~J.. l ) :-CD._Jj;;:~,.t.L \ "DOIiU UAN' S/{}fl.1hre 01 Prolhollol,lfY"Cl(Di;;ilty- -.----- .-._--.---- ~--------- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 101m to be used ONLY wilen """,,".1111 W.IS DEFENDANT I'm "t IlCPJP No. /001(7) .n .1clim belom DIS/lIel Juslice. IF NOT USED, detach lrom CqJY 01 IIolice 01 "pp",lI/o be "!fwd UpOIl .1"lellm). PRAECIPEI To PlOthanatary Enter rule upon " . ---3-~ctc~)(:.'L~- . appelleel'), to lile a campleint In this appeal N.:rno 01 'II'Jl'IIt'f~5CJ - . C,-' ..." r., , .., I within twenty 120) day.~~ce 01 r.ul~ or .ullor entry 01 judgment of non pro. (,6fr &(7lo1turO at 8l~"Y11 01 M o1ltomcr Of agent (Cammon Plea. No. '-1 ~'. J <j I'i RULE I To D D vi Narte01 iJ{f>cI#lJc(sJ '~':'l-Z"""''1ir..(.). (I) You are notifood that a rule i. horeby ent....d upan you to file a camplaint in thi. appeal within twenty (20) day. alter the date 01 lervke of this rule upon you by pet'sonolservice Of by certified or regi,'ered moil (2) If you do net file a camplein' within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. (3) Tho date 01 sorvk. of this rule If .ervic. was by mail i. ,h. date of mailing. Da1w: d...t... , , J I ,'.1 , 'c,'" . 19-,-_. ( '- , J ~, II '-+> , I c 11I..c{,~ ((!y,:,<<-!i- Sq1abu 01 ,tic IT) cv (q)ufY. AOPC 31;HW COURT FILE ~' C'l ~ 0 ~ .., ". -;.I ",Je-" c: '"!J Qh~: ,;') ;~ :;~ i' [".J 'I ~. ~4 r'( , ;!": . '.:a ..~ :~. ,"J. .'.~ I ..-.. . ,., ~ .,o!(-1 .. ~ I' ~G"i cr! ~ ~. 8 ~.,.) ?;! -, f')