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Home My WebLink About02-5117 ?NWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS PROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT c,..,ON PLEAS NOTICE OF APPEAL ~e is gi~ t~t ~ a~nt ~s find in t~ a~e Court of C~ Pl~s an ~al f~ ~ j~t m~ ~ t~ ~stri~ Jus~e ~ t~ ~ ~ in ~ ca~ ~ ~ CV LT This block will be signed ONLY when this notation is required under Pa. R.C.P.J~'. Na. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This s~c. tion of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary (Common Pleas N~ 09-- ~"'//7 t~/jjl ) within twenty (20) days after service of rule or suffer entry of judgment of no~ pms. (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days afte~ the date of service of this rule upon you by personal service cx by certified or registered moiL (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 moil is the date of mailing. ote: ,..q , COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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 ................... ; 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) .... .... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] a~-~itl~'er that I ~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ...... DAY OF ............. S¢Enature ol affi;~¢~t My commission expires on ~* ,-'~ ' COMMONWEALTH OF PENNSYLVANIA OUNTY OF: CUMBERLAND Mag DIst NO 09-1-02 D. Name ~on Ad~,~,' 1901 STATE STREET CAMP HILL, PA 717~ 761-0583 17011-0000 JAMES GAULT 249 GLENN RD CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FCENTER FOR NUTRITION & DIGESTIVE 195 STOCK ST SUITE 211 iHANOVER, PA 17331 VS. DEFENDANT: NAME and ADDRESS FGAULT, MICHELLE, ET AL. 6 MARSHALL DR APT.# 4H CAMP HILL, PA 17011 L Docket No.: CV-0000285-02 lDate F ed: 6/17/02 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was enterea for: (Name) ]Judgment was entered against: (Name) n the amount of $ 1, RO9. _'7~; on: ~ Defendants are jointly and severally liable. ~ Damages will be assessed on: ] This case dismissed w~mout prejudice. []Amount of Judgment Subject to AttacnmenCAct 5 of 1996 $ [] Levy is stayed ~ d~s or~i generally stayed. DEFAULT JT3D~M~ PLTF (Date of Judgment) 9/~4/~- (Date & Time) Amount of Judgment $ 1,516.3/] Judgment Costs $ 86.38 Interest on Judgment $ .0(~ Attorney Fees $ .00 Total $ 1,602.76 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ I J Objection to le~'y has been ~ed anCearlng wm De nela: Date: --~ , c~¢ ~" Place: Time: ~'?., ~ ~ 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 CO APPEAL. Date My commission ,expires first Monday of January, AOPC 315-99 2006 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FiLE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (t0) DAYS AFTER fih'ng the notice of appeaL Check appficable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .... C~.~!~.._~ ~ .......................... ; SS AFFIDAVIT: I hereby swear or affirm that J served rt~ a copy of the Notice of Appeal, Common Pleas No, k.~_~'" ~! l? &~.!, upon the Q~std~, J~,s?ce ?sigqctedjhereig o~ and further that I served the Rule to File a Complaint accompanying the a~ove Notice of Appeal upon the appellee(s) to whom he Rule was addressed on .......... ~ by personal service ~ by (certified) (registe[ed) mail, sender's receipt attached hereto. SWORN ~h~i'vIED)AND SUBSCRIBED BEFORE ME THIS ...~. DAYOF ~~, ~;~- My corem ssbr~ expms on J ~ T~AE ~- · [ M~ Comm~c~n E',;,,,,~ May 5 ~ · Complete items 1, 2, and 3. Aisc 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. Article Addressed to: 2. Article Number D. Is delivery address different from item 17 If YES, enter delivery address below: [] No Jnsu 3. Service Type ~'~,,Certified Mail [] Express~ffi~¢~l [] Registered [] Ret~hC"Receipt for Merchandise Mail [] C.O.D. ]4~ Restricted Delivery? (Extra £ee) [] Yes ¢"~.s¢e,¢?o,.se,~ 7002 2030 0004 1695 6632 PS Form 381 1, August 2001 Domestic Return Receipt 102595-02-M-0835 CENTER FOR NUTRITION & DIGESTIVE DISEASE VS MICHELLE GAULT JAMES GAULT IN THE COURT OF CO~ON PLEAS CUMBERLA~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-5].17 Civil NOTICE TO DEFEND 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 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 ~mportant to you. YOU SHOULD TAKE THIS PAPER TO Y~]R 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 1-800-990-9108 CENTER FOR NUTRITION & DIGESTIVE DISEASE VS MICHELLE GAULT JAMES GAULT IN THE COURT OF COMMON PLEAS CUMBERLA~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-5117 Civil COMPLAINT AND NOW, this 4~ day of November~, 2002 comes Center For Nutrition and Digestive Disease, above-named plaintiff, by and through its attorney, Gail Guida Souders, Esquire, and respectfully avers the following: 2. Plaintiff is a corporation having offices at 195 Stock Street, Suite 211, Hanover, PA 17331. Defendant, Michelle Gault, is an adult individual residing at 6 Marshall Drive, Apartment #4H, Camp Hill, PA 17011. Defendant, J~mes Gault, is an adult individual residing at 249 Glenn Road, Camp Hill, PA 17011. At the specific instance and request of Defendant, Plaintiff provided medical services to Defendant, Michelle Gault at the times, ~mounts, and the prices for these services are indicated in Plaintiff, s Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit A, and made part thereof. o Defendants were married at the time services were rendered. Although Defendant Michelle Gault was the Plaintiff's patient, Defendant J~mes Gault is also responsible for payment of said services pursuant to 23 Pa.C.S.A.§4102. o The prices charged by Plaintiff were fair, reasoD~le, and market prices that prevailed at the times of the transactions. o The prices charged by Plaintiff were the prices that Defendant agreed to pay. Plaintiff avers that the balance due amounts to $1,602.76, which is below the limit for mandatory arbitration. 10. The legal rate of interest as of October 24, 2002 is $173.34. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance or any part thereof to Plaintiff. WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant in the amount of $1,776.10 and costs. Respectfully submitted, Gail Guida Souders Attorney for Plaintiff Guida Law Offices, P.C. 503 North Front Street Harrisburg, ~ 17101 717-236-6440 Identification #68740 14-05.5 ~* Made in USA FROM : PHONE NO. : 7177822007 Oct. 31 ~OBZ 03:~5PM P6 ¥$ C~BERLAND COUNTY, PENNSyLvANIA : CIVIL ACT~0N - LAW CENTER FOR NUTRITION & DIGESTIVE DISEASE VS MICHELLE GAULT JAMES GAULT : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO'UNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-5117 CIVIL CERTIFICATE OF SERVICE I hereby certify that on November 5, 2002 1 .:served the Civil Complaint upon the person and in the manner indicated below, which service satisfies the requirements of Pennsylvania,Rule of Civil Procedure. 403: Service by certified mail: James Gault 889 PopularChurch Road Camp Hill, PA 17011 Guida Law Offices, P.C. 503 North Front Street H~rrisburg, PA 17101 717-236-6440 Dated: November 7, 2002 · 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. · At~ach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: t2a, [] Agent [] Addmeses D. Is delivery address different fi'om item 17 [] Yes If YES, enter delivery address below: [] No 3. s~ioe Tybe [] Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Memhendies [] C.O.D. 4. Restricted Delivery? (Extra Fes) [] Yes 2. Article Number PS Form 3811, August 2001 Domestic Return Receipt lOE595-O'2-M-O~3~ Postage $ $0,60 Certified Fee S'~ ' ~0 Return Receipt Fee S:I. ,75 (Endorsement Required) Restricted Delivery Fee S0,01D (Endorsement Requimd) Total Roltage & Feel $ $~'"65 or PO Box No. 4 2002 11/04/2002