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Home My WebLink About97-01151 . , " ~, I I I . - - Cl -C c., tL q ~ . ) ~ ~ " ':) u - '-' i . , "', ", , , ,,/ // , , ~ ( \. ~ ;--.. .. .~ ... ~ ...... '.c) I ~ , t' C3- ~ COMMONWEAL TH OF PENNSYLVANIA _ COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FRDM DISTRICT JUSTICE JUDGMENT COMMONPLEASNu. 97-1151 Civil Term NOTICE OF APPEAL NotIce IS gIven that the i1l1pcllant has fileu in the ahove Court of Common Ph!lJS an appeal from the judgment rendered by the District Justice on thu date and in the caSl! mentioned below. ~r-AiP.LL.~' "''''<i. 0"'. NO. O. "AMa 01' 0.1. Jeffre Marshall 09-2-01 Correal .00..... Of' .....".LL"H' c:n.. I'''''. III' coo. R.R. 2, Box 155B Linden PA 17744 OA,a 0" IUgQMa"T 'N 'He CAI. 0" "'F"" '(~""""" 2/10/97 Mary E. Clever Jeffre Marshall c........ NO. A'TOI"'." W LLACE & NURICK ~~~ If appellam was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT with ill twellty 120) clavs alte, filillg his NOTICE of APPEAL. CV1997-17 L T 19 This block will he signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Noticl! of Appeal, when rccuivcd by till! District Justice, will operate as a SUPERSEDEAS to the judgmcnt for pmsession in this case. S,gfl"tu,/! of PIOlhcJllor,JfY 0' Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (Tlris sectioll of form to be I/seel ONL Y wlren appellallt was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(1) ill actioll before District JI/stice. IF NOT USED. eletach from coPv of notice of appeal to be serveell/poll appellee). PRAECIPE: To Prothonotary Mary E. Clever M,me of iJPpellee(sJ 97-1151 Civil Term I within twenty (20) days after service of rule or suffer entr~f judgmcnt of non pros. 4L/ €~ccK~KJrruon.v>>~~ Debra P. Fourlas . appelleehl McNees, Wallace & Nurick P.O. Box 1166 (1) Y 'f'd h . hi'. .Harrisbura. PA 17108 au arc notl IC t at a rulc 15 crc lY entered upon you to lie a complaint In thiS appeal ~ithln twenty (201 days after the date of service of this rule upon you by personal service or hy certificd or registered mail. Emer rule ul>on . appellee(s), to file a complaint in this appeal (Common Pleas No. RULE: To Mary E. Clever Name of appelfl..'e(s} (2) If you do not fole a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (31 The date of service of this rule if service was by mail is the date of mailing. Dlte!'larch 5. ,19-1] AOPC 3t2.90 COUIII IILI lOBE FILED WIl II Pf10THON01AHY i I. , ~ ~ ~ -, .....t\ \ '-\l f>'\) -..\ , ',0 .., I ~ J -.l " - S'o -.' -! "TJ ~ "'t "--" ;_~,;I , , " .. "-' , ?!, I ,;11 ~ ~ (I ," (.J \..N -:'- . !f'-, r:-. '0 :;':\ ~\ ~ :1-: :i'J <...>.. ~~ ), '.' ,,,fl1 :'1 , I . \. " ...... ~ .-.' ~):! \ -. -0: "" -<" \ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the nolice 01 appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; $I AFFIDAVIT: I hereby S\VCill or <Itfirl11 thill I served o a copy of the Notice uf Appeal, Common Picas No. . upun Iht~ District Justic!! tlcsigllilled thCllll1l 011 (date of service) . 19_. [J hy personal !>t!lvicl! LJ hy ICI~rtifil'd) (registcredl mail, sl!lldcr\ receipt attachc<l hereto, and upon the <tIJpcllec, ("a/1J(!)__~_._____,__~_____.__~__.~_________~___.___, on . 19_ [1 by pmsonill service 0 hy (ccltlfled) fH!t1istcfcdlmail, sender's receipt attached heJeln. D and further that I served the Rule to whom the Rule was i1ddwsscd on mail, sender's receipt attached hereto. File a Complaint \lccompanyinu the above Notice of Appeal upon the appellce(s) to _____, 19__. [] by personal service LJ by (certified) (rcfJistNcd) SWORN (AFFIRMEDI AND SUBSCRIBED BEFORE ME THIS DAYOF .19_, SiyniJruft' of affiant Signawre of officioJl bf]fore whom dff,doJvi, WolS mddl.' Tirfcofolficial My commission expires on .19_. - COMMONWEALTH OF PENNSYLVANIA ~OUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME "d ADORESS r, I CLEVER, MARY E. 355 GRAHAM ST. CARLISLE, PA 17013 L ~ it t Mag Ct,t No.: ','. .. 09-2-01 OJ N&tne: Hon PAULA P. CORREAL Add.... EAST WING - COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA T.Iop'..... ('717) 240-6564 17013-0000 VS. DEFENDANT: NAME and AOOAESS 'MARSHALL, JEFFREY RD#2,BOX 155B LINDEN, PA 17744 L I , ) t, , , , ' ~ JEFFREY MARSHALL RD#2,BOX 155B LINDEN, PA 17744 Docket No.: CV- 0000017 -97 Date Flied: 1/08/97 THIS IS TO NOTiFY YOU THAT: Judgment: FOR PLAINTIFF ~ Judgment was entered for: (Name) CLEVER . MARY E. ~ Judgment was entered against: (Name) MARSHALL . JEFFREY ~ , t t. in the amount of $ o Damages will be assessed on: (Date of Judgment) 1;1'; I;A on: 2/1 n/Q? ;' b! , i .. (Date & Time) o This case dismissed without prejudice. Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ 496.08 40.50 .00 .00 536.58 r. TOTAL $ o Levy is stayed for _ days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE F COMMON PLEAS, CIVIL DIVISION. RM WITH YOUR NOTICE OF APPEAL 'l I ') r:. -~ , DIStrict Jus,ice )Xlntalnlng the'judgment. , District Justice . . SEAL My commission expires first Monday of January, 2COO. AOPC 315-96 , .' C') \D ("l C -J ." 0- :r. ,.1 -nr- O~ .~~,~ q:; c, ;0 7.C I :~~ c:; C.11 2;. -0 2:;j ~~ 'v )- .., ..- .,~ ;Sc :...) :5 po, .. -I <- '. :0 -. l"O -< NOTICE OF APPEAL COMMONWEALTH OF PENNSVLVANIA COURT OF COMMON PLEAS Cumberland County JUOICIAL OISTRICT FROM "~,-' DISTRICT. JUSTICE JUDGMENT o COMMON PLEAS No. 97-1151 Civil TeX1ll NOTICE OF APPEAL Notice i. given that the apllellant ha. filed in the ahove Court of Common Plea. an appeal from the judgment rendered hV the Di.trict Junice on thl! date and in the case mentioned below. IIA...1 0" A"'......."", &'" CQO. Jeffrey Marshall ADD"." 0.. Ill".........., . ,I c;"" r 'f ), PA } . Linden 'I.........""" R.R. 2, Box Yo. Jeffre Ma .'IIl""TU". 0' ........"......, If'X?I "TTO""-"]fJtJPJllH McNEES, W LLACE & NURICK ;:c: e ra . our /is If appel/am was C a"nant (se. Pa. R.C.P.J.P. No. 1001(61 in action b.for. District Justice. h. MUST FILE A COMPLAINT within tw.nry (20) days after filing his NOTICE of APPEAL. O"'T. 01' ,"'OIU.."T 2/10/97 E. C),nor C,"A'" NO. CV 1997-17 L T 19 This hlock will be signed ONLY when this notation R.C.P.J.P. No. 100BB. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for posscssion in this ca.e. S,gn,Jtufl.' of P,orflOtlorary or Depu.y PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (TI.is section of form to b. used ONL Y when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. /001(11 in action b.fore District Justice. 'If. NOT USED. d.tach from copy of notic. of appeal to be served upon appel/e.l. PRAECIPE: To prothonotary . appellee Is)' to lile a complaint in this appeal Enter rule upon Marv E. Clever Nama of appellee(s} (C PI N 97-1151 Civil Texm 1 h 120 d f f . I ammon ca. o. wit in twenlY 1 ay. a tcr .ervice 0 rule or suffcr entry of ludgmcnt 0 non p,os. ,dL /' t2;,.,,;, Q;tarroon'>?lIK_1t , . appell;e(.i' Debra P. Fourlas' . ' McNeeB, Wallace & Nurick P.O. Box 1166 (1) You are notified that a rulc i. herehy cntcred upon you to lilc a comPlaiM"/i~~f.l.fitHf^wlJt~~Rll days after the datc of service of this rule upon you by personal service or by certified or registered mail. RULE: To . , MarV 'E. ctever' .-' ~, · Name of appellee(sl (2) If you do not fi1c a complaint within thi.time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ___. .._ ,__~~'~ ,.'.r'_'.-~~ ~ f .t 't~ ; 'r ..,.~.\ 1:1. (31 The date of .ervice of thi.. rule if .ervice was bV mail i.the date 01 mailing. ,o .~- \' ,\~' '.1 "Y. "J:~llAli~ . .~lr":j t, ;, 1 ,r"~I,-l~h1r.t' .: ~ Dltetl,n'"h 5. . 19...91 ' ' , ..1'0') .. '1 01 Prorh no~ ? PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (to) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin ;n AFFIDAVIT: I hereby swear or afflfm thai I se,ved KJ a copy of the Notice of Appeal, Common Pleas No"1997-11~Jpon the District Justice designated therein 011 (date of service! March 6 .19E. 11 by pelSonal service 8J by (c",lilied) kOlliGKJl'lt) mail. sende,', receipt attached hertHa, and u,un th(! appelll~e, (fJ.1I11C) ~ary E. Clever . on March 6 ,19-2-.0 hy personal service ~ hy (certified) (~91KOCKl) mail, sender's receipt attached hereto. [J and further that I served the Allie to File a Complaint accome..anying the above Notice of Appeal upon the app~lIee(slto whom the Rllle was addressed on March 6 . 19~. [1 by pelSonal sorvice [~ by (certified) ~l(tlI//iifl mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 6th DAY OF March . 19~.. ~HiM . .M-k Signarum of offi,ial be rom who"lffid.Vit w.. made Notary Public Ticle o( official My commission expi,e, on February 16 .19-2.2. A'~A- /: ~~-'-<,- SigniJrure of atliiJnr NOTARIAL SEAL CHARMAINE Y. O'HARA. Notary Public HarrlslJurg, PA Dauphin Counly ~,::ommlsslon expires Feb. 16, 1999 r. l,O 0 C -J fI iiI- ~ .,-J 0),.', ,"r... ;':'v h:n ;;: f~' I .- (fj' . -..J ,!~ ~i' , I 0, ;:":.... -;-, 'i:B ?, --.- ~,.;.:: t . "~ ,r- ~l cF ~.;.~ ~ . :" ~ -, m COMPLAINT 1. The Plaintiff is Mary E. Clever. residing at 355 Graham Street, Carlisle. Pa 17013. 2. The Defendant is Jeffrey Marshall. residing at R. D. 3 Box 155B, Linden, Pa 17744. 3. On March 8, 1996, Defendant caused damage to Plaintilr s vehicle as a result of negligent operation of his vehicle as described below. 4. Plaintiff turned left onto Courthouse Avenue after a full stop at the stop sign. There was light snow 3J\d slush covering the roads, and Plaintiff was especially careful because of the road conditions. 5. Defendant's van was parked on the right side of the street in a parking slot. (See Photo Number 1). 6. Defendant's van was stationary until Plaintilrs car was along-side of the van. 7. At that point Defendant's van pulled out of the parking slot and the left front bumper of the van hit the right front side panel of Plaintilrs vehicle. (See Photo No.2 and 3). 8. The damage is a dent which was caused by Defendant's van striking Plaintiff's car on the right front side. 9. There was no damage to Defendant's van. 10. Defendant came out of his van yelling "I've never caused an accident" and "1 ~lI.st got this van and hate to turn a claim in." Plaintiff responded "Please stop yelling, you pulled in to me." 11. Because there was no damage to Defendant's van; only a minor dent in Plaintilrs car; the defendant's assumption offault; no objection to '0' ,o Plaintiff's statement that Defendant had pulled into Plaintiff's car; Plaintiff J did not insist on calling the police to investigate the accident. . \ 12. The nature of the damage to Plaintiff's car clearly indicates it was hit rather than it having hit Defendant's van. Had Plaintilrs car hit Defendant's van there would be scratch marks in the paint from the motion of Plaintiff's car as it struck Defendant's van in a forward motion. 13. Although Defendant assumed responsibility at the scene of the accident. he apparently later told his insurance company that Plaintiff had struck his van. Due to this apparent recanting of admission, Defendant's insurance company, on April 29. 1996, offered to split the estimated cost of the damage by reimbursing Plaintiff $ 248.04. 14. Plaintiff's insurance company would not pay anything because the policy has a $ 250.00 deductible. Further, because of the small dollar amount involved, they would not pursue collection from Defendant's insurance company. IS. Plaintiff would suffer approximately $ 250.00 in monetary damage through no fault of Plaintiff's. RELIEF REOUESTED 1. Plaintiff requests the Court to find in Plaintiff's favor and award the cost of repairing Plaintiff's car. 2. Because a current estimate of damage is not available, Plaintiff asks the amount of damages be increased from $ 496.08 to $ 520.88, a five percent (5%) increase. 3. Plaintiff further requests $ 1,000 for the time, effort and mental anguish 1'.1 r caused by this situation. Respectfully submitted. /Jh~ ~~6~A'..-"- Mary E Clever. pro se The above-named Plaintiff, Mill)' E. Clever. verifies that the statements made in ~: the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. &4904, relating to unsworn falsification to authorities. Date: (/)h.u'~'d.~ /99 7 /Jhv-/ ~{!~'- Plaintiff / " ..-\ _J ';'1 , ,- , q ., ., <. I:;. H) , , ") 1 ; :') .' f) , ,. i\ -., r- c::l :.1 -~