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Home My WebLink About03-1437NOTICE OF APPEAL DISTRICT JUSTICE juDGMENT COMMON pLE~ Roo3 ~ NOTICE OF APPEAL Notice is given that t~e appei~t has fi~ed in the above Court of Co. moil P~eas an apl~at from the iudg.~t ~derea ~ the District Justice off the IF ~T USED, dean .~. ~. -' no · ~ pRAEClPE; To ~~Y · ~ ~ (11Y~ ~ ~ ~ a ~ is ~ m~ ~ ~u ~ fi~ a c~i~ in ~ ~ wi~in t~ty (20) d~s a~ ~ ~ of ~e of ~is m~ ~ ~ ~ ~1 ~v~e ~ ~ c~i~ m ~ ~L (2) ~ ~ ~ ~t fi~ a ~int w~n this fi~. a JU~~ ~ ~N p~S ~ ~ E~ERED AGMaT YOU. (31 ~ ~ of ~ of ~s m~ ~ ~ ~s ~ ~1 is ~ ~ of '~~ AOPC 312-90 cOURT FILE TO BE FILED WITH FROTHONOTARY SWORN (AFFIRMED) AND SUBSCRIBED BEFORE M~ THIS ................................... DAY OF '~' ~:'%;"; ?" ~' commission exp?es on PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE CO..UPL~INT - (This proof of service MUST BE F/LED WiTHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNT)' OF 'SS AFFIDAVIT: t hereby swear or affirm that lserved' ~ a copy.of the Notice of Appeal Common p , , (date ct serViCe) , teas No. ............................ ' '_~ .: .................... / (eg~s~ered) ma/I, sender's ., , ~uoressed on F .ccompanying the ahoy' · ma¢~, senders receipt atta h~'J'~'27;~ e Not¢ce of Appeal unon ,h ..... , .... Cd hereto. _ c ........ ,~.. - ............................... L~ ~y personal service ~ ~?~.~..e~(~) to Whom ' ' ~ y (cer~Fied) (registered) COI~flMONWEALTH OF PENNSYLVANIA coUNTY OF: CUMBEKLAND Mag. Dist. No.: 09 -2-01 DJ Name: Hon. PAULA P. COP, REAL Address: 1 cOURTHOUSE SQUARE CARLISLE, PA Telephone: (717) 240-6564 17013-0000 ATTORNEY DEF PRIVATE : JOHN H. BROUJOS 4 NORTH HANOVER STREET CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) r~--1 Judgment was against: (Name) entered NOTICE OF JUDGMENT/TRANSCRIPT PLAiNTiF F/j UDGME~ ~IEI~O(~:AsE NAME and ADDRESS ~LL, ~G~ C 453 LINCO~ STREET ~ISLE, PA 17013 VS. ~ DEFENDANT/JUDGMENT C~?~DRESs 325 ~C~S ~[~ ~ ~[~, ~ ~?0~3 Docket No.: ~-000050[-02 Date Filed: [2/06/02 FOR PLAINTIFF ~'~RRT~ in the amount of $ 4A3_qA on: (Date of Judgment) Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total 406.00 77.98 .00 .00 483.98 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, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. !/28/03 Date _(~)~n,~¢¢,~_ J~~~ ~ , District Justice I certify that this is a tr~~py~of th/~~.edings con~, ~pcj'the judgmeht ;:/' F,/33 Date (.' ..,</J~,¢~~ ~~9.,v~-¢_,../'/' ' ' , District Justice My commission expires first Monday of January, 2 006 . '.. SEAL AOPC 315-03 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 r~otice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .._..._.~ M ,~__~_._~.£.....~_,. ~-~t~,c[ ............................................... ;SS AFFIDAVIT: I hereby swear or affirm that I served ' · ' n i--~"a copy of the Notice ol Appeal,. Common _Plea..s No. o ~.__..~.,L~_~ ~._~.__~-~_~: upo~th~ ~.,~=~?~a~s~'r~?~da~h~'~ s ~(date of service)L~-~ ~/~ ......... ~y per~ona~ serwce ~ ~y tee~uu~ t u~) , ~ mcei t pttached hereto and upon the appellee (name) .... ~~_...;~.~.~.-~ ........... ~¥.--.~; .... ~.~~ , ~oo ~ ~ by persona service ~by (cerd~iec~ [regis[area) m~i~, senaer s rece~p[ a~acnea nere,o. ~~'~{~er that I-~-~r~ ~-~ie to File a C%mplaint accompany n~-the ~ove 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 , ~ t' . ~"~ ~ My commission expires on ..................................................................... COMMONWEALTH OF PENNSY ~I~VANIA COiii~ OF COMMON PLEAS JUDICIAL DISTRICT date and in,~;e~ mentioned below. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL /~ ~ rc ~ ~, ~0C)3 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 an the r ~ STATE ZIP COOE I 1.1 THE CASE OF will ~ ¢~L~ ~ ~ 1008& This Notice of Appeal, when received by the District Justice, will operate as a lO01( 6 ) in action before District Justice, heMUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Sk~ature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENteR RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOTT)SED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothoflotory Enter rule upon (Comrnan Plea,~ Nc~ RULE: To Name of al~oe#eefs) Name of ~g~e~s) '"'- , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffm ~fry of j~of non prc~ .,_ (1) You am notified th~ rule is hereby entered upon you to file.a complaint in this appeal within twenty (20) days after the date of service of this role upon you by pef. sorCal service or by certified or registered maiL (2) ff ~ do not. fi~·~ complaint within this tim~, a JU~oh~NT OF NON PROS WILL BE ENTfiRED AGAII~T YOU. (3) The?~te o.f ser~e of this. mt~.,H service was by mai~ is the date o~ maili , AOPC 312-90 COURT FILE L--- - -- Postmark R ~.turn R~,c~izt Fee i . ~ ' '~ Here (End ...... t Required)~_ (,~ .-~'! '..,~_~ '. RestrctedE),liv~r/Fee ~ ~ ~ (Endo, sem~ '~t Req ~ired) ] ~ Street. ~t. ,~. or PO Box N ~. . ~ ~ '~. ..... ~:.~' I I I! Certified Mail Provides: · A mailing receipt · A unique identifier for your mailpiece · A signature upon delivery · A record of delivery kept by the Postal Service for two years Important Reminders: · Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. · Certified Mail is not available for any class of international mail. · NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. · For an additional fee, a Return Receipt may be requested toprovide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee: E.n. dorse mailpJece "Return Receipt Requested". To receve a fee waiver for a oupdcate return receipt, a USPS postmark on your Certified Mail receipt is required. · For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". · If a postmark on the Certified Mail receipt is desired, p ease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, February 2000 (Reverse) 102595-99-M-2087 FSFILES\DATAFILE\Gencral\Documents\Murata-answer. countcrclaim Created: 5/23/03 2:13:18 PM Revised: 5/23/03 3:30:52 PM EDGAR C. HARRELL, ' Plaintiff ' V. A. HARRISON, ' Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1437 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW, comes the Plaintiff by its undersigned counsel and hereby files the following Answer to Defendant's Counterclaim as follows: 8. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Defendant's Paragraph 8, and thus said averments are denied. By way of further answer, the allegations in Paragraph 8 are conclusions of law to which no response is necessary or required under the Pennsylvania Rules of Civil Procedure and therefore the same are deemed denied. 9. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Defendant's Paragraph 9, and thus said averments are denied. By way of further answer, the allegations in Paragraph 9 are conclusions of law to which no response is necessary or required under the Pennsylvania Rules of Civil Procedure and therefore the same are deemed denied. 10. (A). Denied. After reasonable investigation, Plaintiffis without knowledge or information sufficient to form a belief as to the truth of the averments in Defendant's Paragraph 10(A), and thus said averments are denied. By way of further answer, the allegations in Paragraph 10(A) are conclusions of law to which no response is necessary or required under the Pennsylvania Rules of Civil Procedure and therefore the same are deemed denied. (B). Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Defendant's Paragraph 10(B), and thus said averments are denied. By way of further answer, the allegations in Paragraph 10(B) are conclusions of law to which no response is necessary or required under the Pennsylvania Rules of Civil Procedure and therefore the same are deemed denied. (C). Denied. After reasonable investigation, Plaintiffis without knowledge or information sufficient to form a belief as to the truth of the averments in Defendant's Paragraph 10(C), and thus said averments are denied. By way of further answer, the allegations in Paragraph 10(C) are conclusions of law to which no response is necessary or required under the Pennsylvania Rules of Civil Procedure and therefore the same are deemed denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss the Defendant's Counterclaim with prejudice. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By ~~~'~' pE.AP, ard L. Schc~p~squire I.D. No. 17495 Mark A. Denlinger, Esquire P.A.I.D. No. 83794 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: May 23, 2003 2 VERIFICATION The foregoing Answer to Counterclaim is based upon information which 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 unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalti // Edgar ~. I-~irr' ell CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing PlaintiWs Answer to Defendant's Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John H. Broujos, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~cc~ffj]line A: Decker Ten'East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 23, 2003