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Home My WebLink About03-0511COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County 9th JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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. jt~a DIST Na OR NAME Of: D.J. 09-2-01 Harry S. Tritt OTY ze COOE 2950 Shirley Road Abilene Texas 79603 January 6, 2003 Mildred R_ Tri ~-~- v~ Harry S. Tritt This block will be signed ONLY when this notation is required under Pc~ R.C.PJ.P. Na If appellant was CLAIMANT~see Pa. R.C.P.J.P. No. 1008B. 1001 (6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon-n to be used ONLY when appe//ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Mildred B. Tritt , appellee(s), to file a complaint in this appeal /I C ~ame c ~ .ap~l/ee( s ) (Common Pleas Nc~.~ ' ,~// L/ ;~--~ I~(. ""'~)Within twenty (20)days ~se~vice of rule or suffer en[ry of judg~m .ent of non~oros. Signature of appellant ~r his attorney or agent RULE: To Mildred B. Tritt , appellee(s). (1) You are 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 complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. COURT FILE TO BE FILED WITH PROTHONOTARY ...~--.--.~ ;OMMONWEALTH OF PENNSYLVANIA ;OUNTY OF: CUMB~ Mag. Dist. No.: 09 -2-01 DJ Name: Hon. ~,.ss: i COURT~OUSE SQUARE CARLISLE, PA (717) 240-6564 17013-0000 ATTORNEY DEF PRIVATE : GREGORY H. 19 BROOKWOOD AVE SUITE 106 CARLISLE, PA 17013-9142 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rTKITT, MILDla~ B 32 BENTLEY PL CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS rTRITT, HARRY S 2950 SHIRLEY ROAD ABILENE, TX 79603 Docket No.: CV-0000459-02 Date Filed: 10/29/02 THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) q~RTq~P: ~-~ Judgment was entered against: (Name) in the amount of $ R: 111t _ RO on: [-'-~ Defendants are jointly and severally liable. '--1 Damages will be assessed on: r-~ This case dismissed without prejudice. [--] Amount of Judgment Subject to Attachment/Act 5 of 1996 $. FOR pT,ATNTIFF MTT,nWI~n ~ (Date of Judgment) (Date & Time) Amount of Judgment $ 5,000.00 Judgment Costs $ 103 o 50 Interest on Judgment $ o 00 Attorney Fees $ .00 Total $ 5,103o50 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 THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SE'II'LES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1' 05 ~'~ Date · .-' .~.* ~.-. ,,D~stnctJdst,ce I certify that this is a ;rue and 'c'qrrect copy of ,the re~ord p( the/proceedings c~]~a.~J3',rn/g the ludgmen.t... e" / .... /./'" /'- "" ~' .... ' ' I 1-¢5-03 Dat . ,,i, t~. ~/i.*,:. ..... .'~'.'. '[ ,D,str,c!.Jius.?e ...-_.._..~.- '%; ~ .' , %.' My commission expires first Monday of January, 2006 ~ ..;.. .,,..,.,,'~E/~I~ '..,. "' AOPC 315-03 Notarial Seal Ma~Y M. Pdce, Notary publlc(.~, ~Carltsle .Bo?o, Cum. berlancl ..._unty r-~ Postage r-'l r"l Certified Fee Return Receipt Fee r-t (Endorsement Required) rl (Endorsement Required) F:~FiLES~DATAFiLE\Gendoc.cur\ 10 194-3.com/tde Created: 2/19/03 10:18:56 AM Revised: 2/19/03 10:38:22 AM 10194.2 MILDRED B. TRITT, Plaintiff V. HARRY S. TRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-511 - CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 Plaintiffs. 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 Telephone (717) 249-3166 F:\FILESXDATAF1LE\Gendoc.cur\ 10194-3 com Created: 2/19/03 10:20:56 AM Revised: 2/19/03 10:38:30 AM MILDRED B. TRITT, Plaintiff V. HARRY S. TRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-511 - C]~IL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffis Mildred B. Tritt, an adult individual residing at 36 Bentley Place, Carlisle, Date: Pennsylvania 17013. 2. Defendant is Harry S. Tritt, an adult individual residing at 2950 Shirley Road, Abilene, Texas 79603. 3. Plaintiff is the natural mother of Defendant. 4. At the request of Defendant, and on his promise to repay, Plaintiff loaned Defendant various sums of money from about 1998 to August of 2000, which total in excess of $5,000.00. 5. On or about August of 2000, Plaintiff agreed to accept $5,000.00 in full satisfaction of the monies owed to her by Defendant, the payment of which was to be made promptly, but not later than "a couple of years." Defendant wrote Plaintiff to confirm this and a copy of that note is attached hereto and marked as Exhibit "A." 6. Defendant has failed and refused, and continues to fail and refuse, to pay said $5,000.00 or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,000.00, plus interest and costs of suit. 36 Bentley Place Carlisle, PA 17013 (717) 245-2595 VERIFICATION The foregoing Complaint is based upon information whi ch has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, ! may be subject to criminal penalties. Mildr~d'Tritt - F:\User Folder~Firm Docs\Gendocs2003L298 l-lAnswer.wpd MILDRED B. TRITT, Plaintiff Vo HARRY S. TRITT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-511 CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendant, Harry S. Tritt, by his Counsel of Record, Hanfi & Knight, P.C. and Gregory H. Knight, Esquire, to file an Answer to the Complaint filed against him, in support of which the following statements are made. 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Paragraph 4 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. Should Paragraph 4 be found to require an answer, Plaintiff made no loans to Defendant from "about 1998 to August of 2000" as stated in the Complaint. 5. Denied. Paragraph 5 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. 6. Denied. Paragraphs 6 is a conclusion of law to which no answer need be filed and strict proof thereof is demanded at trial. WHEREFORE, Defendant requests judgment in his favor and against Plaintiff and such other relief as the Court deems appropriate. Respectfully submitted, HANFT & KNIGHT, P.C. Gre o )? g ry Knight, Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attomey for Defendant Harry S. Tritt VERIFICATION I, Harry S. Tritt, hereby verify that the facts set forth in the foregoing Answer are tree and correct to the best of my knowledge, information, and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsifications to authorities. Date: March 7, 2003 CERTIFICATE OF SERVICE_ AND NOW, this ~,'ll~ day of March, 2003, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer by first class, United States Mail, postage pre-paid, addressed as follows: Mildred B. Tritt c/o Thomas J. Williams, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 HANFT & KNIGHT Gregory H. Knight, Esquire Attorney ID No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Defendant Harry S. Tritt