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Home My WebLink About02-5261M~/MONV(I~ALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT 09-2-01 NOTICE OF APPEAL O/~ ~ -~'~, ~ ~1 FROM DISTRICT JUSTICE JUDGMENT C=',.. PLEAS ". O.z -- 5.z G 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 mentioned below. Zf Ernie' s Mustang Drive 1 9 Cranes Gap Road Carlisle PA 17013 9/30/02 CV Stephen Borne 0000225-02 This block will be signed ONLY when this notation is required under Po. R.CPJ.P. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~ Ernie' s Mustang Drive If appel/ant 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. Signature of Prothonotary o~ Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Th~s sect/on o! form to be used ONLY when appel/ant 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 Stephen Borne Enter rule upon (Common Pleas No. I~ ~ -- 5"',~ ~,.~ _~ RULE: To Stephen Borne , appellee(s), to file a complaint in this appeal Name of appellee(s) ) within twenty (20) days a~i,,ce of rule or suffer entry/judgn~nt of non pm, , appellee(s). (1) Yo~ om 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 coml~aint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-g0 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W!THIN TEN (10) DAYS AFTER fih'ng the notice of appeal, Check applicable boxes? COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served [] a corq of the Notice of Appeal, Co!t~mon 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 a eltee (name ' PP , ) on [] by persona serv ce [] by (cert ed) (registered) mait, sender's receipt att~h~i~reto, [] and further that 1 served 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 (certifed) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THiS DAY OF My commission exp! es on ---I C~DMMONWEALTH OF PENNSYLVANfA COUNTY OF: CI:INBERLAND Mag Dis1 NO: 09-2-01 DJ Name: Hon PAI~%. P. CORfU, AL ^~re,$~ i COURTHOUSE SQUARE CARLISLE, PA Te,ep~o~e (717) 240--6564 17013--0000 ERNIE ' S MUSTANG DRIVE 19 CRANES GAP ROAD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME add AODRESE CBORNE, STEPHEN 628 S.24TH ST. HARRISBURG, PA 17104 VS. DEFENDANT: NAME an0 AODRESE CERNIE ' S MUSTANG DRIVE 19 CRANES GAP ROAD CARLISLE, PA 17013 Iocket No.: CV-0000225-02 ate Filed: 5/15/02 THIs IS TO NOTIFY YOU THAT: FOR pT.ATN"~TFF Judgment: [~ Judgment was entered for: (Name) [-~] Judgment was entered against: (Name) _ in the amount of $ I: 9.."77 qR on: (Date of Judgment) Defendants are jointly and severally liable. E~c~Damages will be assessed on: ~-] This case dismissed without prejudice. []Amount of Judgment Subject to AttachmentJAct 5 of 1996 $~ [] Levy is stayed for days or ~ generally stayed. ~ Objection to levy has been filed and hearing will be held: Iate: ime: --~ce: (Date & Time) Amount of Judgment $ 1 190.0u Judgment Costs $ 87.9 interest on Judgment $ .0 ~ Attorney Fees $. .0 0 Total $ 1,277.98 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ · * Ernies Mustang Drive shall relinquish 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.-CIVI, L DIVISION. YOU MUST INCLUDE A COPY OF'THIS NOTICE OF JUDGMENT/TI~SCRIPT FORM WITH YOUR NOTIC, E OF APPEAL. My commissk"-: expires first Monday of January, 2006 : ,. ,SEAL *9/30/02 Judgment inadvertently not sen~--appea,~;-P~r~io~ ~c z,:ar~ on this AOPC 315~99 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 PAULA P. coRREAL i COURTHOUSE SQUARE CARLISLE, PA ~el~pho..: (717) 240-6564 17013-0000 ERNIE ~ S MUSTANG DRIVE 19 CRANES GAP ROAD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAiNTiFF: NAME and ADDRESS CERNIE' S MUgTANG DRIVE 19 CRANES GAP ROAD CARLISLE, PA 17013 VS. DEFENDANT: NAME and AODRESE CB oP. NE, STEPHE/~ 628 S. 24TH STREET HARKISBURG, PA 17104 L IDocket No.: CV-0000225-02'~ Date Filed: 6/18/02 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: FOR Judgment: [~ Judgment was entered for: (Name) Bcm~Tl~.: E~ Judgment was entered against: (Name) __~.'R'I~'T~, in the amount of $ · ~f~ on: (Date of Judgment) ~ Defendants are jointly and severally liable. E~ 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. ' MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITF ,Fcer~ifY that this is a t~.a~:r c~, ," .'~7 ~ My commission expires ;irst Monday of January, (Date & Time) Amount of Judgment $ .00_ Judgment Costs $ ,00 Interest on Judgment $ . Attorney Fees $ o 0(~ Total $ .00 Post Judgment Credits S-- Post Judgment Costs $ Certified Judgment Total $_ ]Objection to levy has been filed and hearing will be held: %e 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 ~ISCRIPT FORM WITH YOUR NOTICE OF APPEAL. . District Jushce 2006 SEAL AOPC 315-99 STEPHEN C. BORNE, Plaintiff MARSHALL E. POWELL, t/d/b/a ERNIE'S MUSTANG DRIVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5261 CIVIL TERM CIVIL ACTION-LAW 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 an 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 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, Pennsylvania 17013 (717) 249-3166 STEPHEN BORNE, Plaintiff MARSHALL E. POWELL, t/d/b/a ERNIE'S MUSTANG DRIVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5261 CIVIL TERM CIVIL ACTION-LAW COMPLAINT Breach of Contract 1. The Plaintiff, Stephen C. Borne, (hereinafter referred to as "Borne"), is an adult individual who resides at 628 South 24th Street, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant, Marshall E. Powell, (hereinafter referred to as "Powell"), is an adult individual who resides at 19 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania and trades and does business under the name of"Ernie's Mustang Drive" at his residence address. 3. On or about April 1, 2002, Powell agreed to sell Borne a rebuilt automobile engine (hereinafter "engine") for Borne to place in his 1988 Chevrolet One Ton Truck (hereinafter "truck"). A copy of the agreement which was drafted by Powell is attached hereto as "Exhibit A." 4. Borne paid Powell in full for the engine pursuant to the terms of the agreement and Powell delivered the engine to Borne's mechanic for installation. 12. As a result of Powell's unlawful detention of Borne's truck since early September, Borne has suffered lost income for in the amount of $2,000.00. WHEREFORE, Borne demands judgment against Powell for: a. $1,190.00, representing the amount of money Borne paid Powell pursuant to the agreement; and, b. $1,496.21, representing the amount of money Borne paid his mechanic to install the engine in Borne's truck; and, c. $2,000.00, representing lost income by Borne for Powell's unlawful withholding of the truck and Borne's inability to use the truck for commercial purposes, as intended by Borne; and, d. costs, filing fees and interest. Respectfully submitted, O'BRIEN, BARIC & SCHERER -Mic-~ael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/bornelcomplaint.pld ~-ROM 'TOTQc HOME CARE ~ IHSPECTIOU F~x~ ~0. The ~ in the foregoing Complaint are ba~ed upon information which has bell1 ~ma~nbled by my ~ttorney in this litigation. The language of the statements ia not my oem. I hlve ~ the atetonmnts; and to the extent that they are based upon intomlltlon whleh I have given to my counsel, they are true and corre:t to the best of my knowl~ge, I,-~,,~,,,allefl end belief. I unclerst~nd that false statements herein are made 8ubjeet to tt~ laenlllle~ of 18 Pa.C.$. § 4904 relating to unswom falsifications to autherlt#m. / Stephen C. Borne "EXHIBIT A" CERTIFICATE OF SERVICE I hereby certify that on November 26, 2002, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Gregory H. Knight, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN C. BORNE, Plaintiff MARSHALL E. POWELL, t/d/b/a ERNIE'S MUSTANG DRIVE, Defendant NO. 2002-5261 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Date: I have discharged my attorney of record, Gregory H. Knight, Esquire, and I desire to act as my own attorney pro se in this proceeding. t$~' ,~ 2003 M~ar~l~,, E. Powel, (~-x~SC~~ 191 (~raines Gap Road Carlisle, PA 17013 TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Marshall E. Powell, t/d/b/a Emie's Mustang Drive, in the above-captioned proceeding. Date: ~'~- ~"~ , 2003 HANFT & KNIGHT, P.C. Greg~Kni~g t, Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249~5373