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Home My WebLink About02-4645CC)A~AC)N~VEALTH O~ PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Entd in Prothy's Office 9-26-02 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No- 02-4645 CIVIL TERM 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 ami in the case mentioned below. ~ Robert V. Manlove, #09-.1-02 David i~oang ~y ST^r~ ze coo~ 26 South Front Street, Wor~.leysburg, PA 17043 8/28/02~avid ~oan~ v. Roland G. Bower~ This ~ck will ~ ~ ONLY ~n this ~fi~ is required u~rP #~ WaS ~ANI (S~ ~. ~.~.~.J.~. NO. 1008~ ' ' t-- Dsstrict Justice will ~ as a ~7 (6) in ac~i~ ~f~e Dis~ict J~ice, ~ ~UST This ~tke of ~PERSEDEAS ~ ~ ~ssessi~ in this case flL~ A ~O~LAINT wJ~hJ~ ~we~y (20) ds~ after filing his NOTIC~ of APPfAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy o! notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon - " , appellee(s), to file a complaint in this appeal Ne/ne of appe#ee( s ) (Common Pleas N~ ) within twenty (20) days after service of rule or suffer entry of judgment of non RULE: To ~ , appellee(s) agen~ Name of appelee~s) (1) You am 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 c~ registered mail. (2) ff 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 moiling. 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 FILED WITHIN TEN (10) DAYS AFTER filing the notica of appeal, Check applicable boxes) COMf~ONWEALTH OF PENNSYLVANIA COUNTY OF--~. ; ss AFFIDAVIT: I hereby, swear or affirm that I served ~-} a copy of the Notica of Appeal, Common Pleas No .. , upon the District Justica designated thereto on ¢date of serv/ce) , [] by personal service [~] by (certified) (registered) mail, sender's receipt attached hereto, and up0r~ the appe lee. (name) , on , 19-. [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed orr , 19 -, ~ by pe~ ~ervice [] by !certified) (registered) m~il, ser~der's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THiS DAY OF Signature of affiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT Mag Dist No 09-1-02 DJ Name: Hon ROBERT V. MANLOVE ^dd~ess~ 1901 STATE STREET CAMP HILL, PA Te,~p~0~: (71~'i '76110583~ i7011- 0000 PLAINTIFF: CIVIL CASE NAME and ADDRESS rHOm a, DAVID 26 S FRONT ST WORMLEYSBURG, PA 17043 VS. DEFENDANT: NAME and ADDRESS I-BOW~RS, RO[~...ND G PA 17043 127 S PENN ST SHIPPENSB[IRG, PA 17257 L Docket No.: CV-0000385-02 Date Filed: 8/19/02 DAVID HOANG 26 S FRONT ST WOP, MLEYSBURG, THIS IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: BOWERS, ROLAND DISMISSED W/O (Name) DEF 001 Judgment was entered against: (Name) in the amount of $ on: (Date of Judgment) ~ Defendants are jointly and severally liable. ] Damages will be assessed on: E~ This case dismissed without prejudice. [~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ~ generally stayed. Objection to levy has been filed and hearing will be held: Date: Time: Place: (Date & Time) Amount of Judgment $ . Judgment Costs $ . Interest on Judgment $ .0 Attorney Fees $ .0 Total $ .08 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 T~SJ~ I%ertify that this is a true ate ~ITH YOU~ NOTICE OF APPEAL. C~,~~'~'~-~ % ~he~i%~ ... , D,stnct Jusbce ~-~. ¢~o.~ oceed' gs c0niaining the judgment. I '~"'~./.,~-/~_.~,, ' , District JusticeI My commission expires first Monday of January, 2006 SEAL AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU~.iBERLAND ; ss AFFIDAVIT: I hereby swear or affirm that I served [~ a copy of the Notice of Appeal, Common Pleas No~ , upon the District Justice designated therein on (date of service) -Og./~,O/02 , [] by personal service [~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Rc)] R~P P-. Ro~.~.,e_~s , on ].._0-.~)-~-(~-.--- , 19 , [] by personal service E~by (certified) (registered) mail, sender's receipt attached hereto. [~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Ru~e was addressed on ~.~L0./~ ?./'.q ? ,19 [] by personal service E~by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 8t[1 DAY OF :tober __02 es D. Flower,~r. Signature of affiant Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ~icle A~ressecl to: Roland G. Bowers 127 South Penn Street Shippensburg, PA 17257 2~ Article Number /{'rransfer from service label) 7001 ~s Form 3811, March 2001 A. Received by (P/~se Print Cl_~riy) Date of Delivery [] Addressee D, is dailvery address diffemnt from item l ? i-I Yes If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2510 0003 4479 0593 Domestic Return Receipt A. Received by ,eddmss dfffi~e~ ~ If YES, enter delivery address below: •Ag [] Nc i . Service Type I~ Certified Mail [] Express Mail [] Registered r'l Return Receipt for Marc [] Insured Mail [] C.O.D. · Restricted Delivery? (Extra F-~e) [] Ye ] 0003 4479 0579 Return Receipt 102595. SAIDIS SHUFF, FLOWER & LINDSAY A'ITOIL~YS*AT*LAW 26 W. High Street Carliale, PA DAVID HOANG, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. · NO. 2002-4645 CIVIL TERM ROLAND G. BOWERS, 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 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 wamed 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT.LAW 26 W. High Street Carlisle, PA DAVID HOANG, Plaintiff, IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA vs. · NO. 2002-4645 CIVIL TERM GEORGE KRESSLER, Defendant. COMPLAINT AND NOW, comes Plaintiff, DAVID HOANG by and through his attomeys, SAIDIS, SHUFF, FLOWER & LINDSAY, and states as follows: 1. Plaintiff is DAVID HOANG, an adult individual, residing at 26 South Front Street, Wormleysburg, Pennsylvania 17043. 2. Defendant is ROLAND G. BOWERS, an adult individual, residing at 127 South Penn Street, Shippensburg, Pennsylvania 17257· 3· Plaintiff and Defendant entered into a Lease whereby Defendant rented premises at 29 West King Street, Shippensburg, Pennsylvania 17257, from Plaintiff. 4. Defendant has since left the premises in question· 5. The Lease in question provided that Lessee pay for water, electricity, gas or other services. 6. In breach of the aforesaid Lease Agreement, Defendant ROLAND C. BOWERS failed to pay an electdc bill of $664.00, and failed to pay a water bill of SAIDIS SHIJFF, FLOWER & LINDSAY ATTORN~Y~AT*LAW 26 W. High Street Carlisle, PA $271.86, and in the alternative, failed to share said bill with another tenant, GEORGE KRESSLER, and failed to pay his share of said bill. 7. Defendant caused damage from cigarette bums to the carpet of a value of $500.00, and damage to a window of a value of $150.00. 10. Defendant has refused to pay the aforesaid sums due. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,585.86, plus interest from the date of the breach of the agreement and costs. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff ~Jar~es D.' Flowe~,~,~. I.D. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY AITOI?a*~YS*AT*LAW 26 W, High Street Carlisle, PA VERIFICATION I, JAMES D. FLOWER, JR., hereby vedfy that the statements made in the within instrument are true and correct to the best of my knowledge, based upon information and belief provided by Plaintiff. Plaintiff is unavailable to sign this Affidavit within the time required for signing. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. ~ 'J'ames D; F~~ Date: 4