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Home My WebLink About01-0175 FX COM~WEAi.TH OF PENNSYLVANIA COURT OF COMMON PLEAS 09-3-02 JUDICIAL DISTRICT Helen E. Shulenberger P . o. Box 1 55 ~:W~il::7 ~~r~~~4~"A NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT J7.1n, Cf, :leD I No~ce is gM," that the appellant has filed in the above Caurt af Cammon Pleas an appeal from the judgment rendered by the District Justice an the dale and in the case mentioned below. NOTICE OF APPEAL COMMON PLEAS No. 01 - f1S e..~ vil I-t~\ NM\E Of Af'PfLlANT Judith S. Laws AtafSS OF APPELLANT 454 stone Church Road OTY Carlisle I MAG. DIST. NO. 0. NAME Of OJ. 09-3-02 STAre ZP CODE PA 17013 12/11/00 o.AIM NO. Judith S. Laws (Defendant) Farms Kennels, etal o..TE OF JUDGMEN t-l THE CASE OF (Plaintiff) CV 12 00001 <:;, 00 LT 19 This black will be ~gned ONLY when this nota~on is required under Po. R.cP.JP. No. 1008B. This Notice af Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment far possessian in this case. Signatum at Prothonatary or Deputy lIant was CLAIMANT (see Pa. R.c.P.J.P. No. 1001 (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 section af form to be used ONLY when appetlant 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 af appeal to be served upon appellee). PRAECIPE: To. Prothonotary Name of appellee(S) ,appellee(s), ta file a complaint in this appeal Enter rule upon (Common Pleas No. ) within twenty (20) days after service af rule ar suffer entry af judgment af non pros. Signature of appeHant or his attorney or agent RULE: To. Name of appef/flefs) , appellee(s). (1) You are no~fied that a rule is hereby entered upon yau ta file a complaint in this appeal within twenty (20) days after the date af service af this rule upon yau by petsanal service or by certified or registered mail. (2) If you do not file a complaint within this ~me, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale af service af this rule if service was by mail is the date af mailing. Date: ,19_. SIgna/lJre oIl'rothono1wy ex Otipuly AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY I.~""~'~ ~~ I"'" ~'~I [I -_.~~. _. I~' . ""."". <'~~>' '~., IL~ ill: Jl "~. ~. <<4.~t?'~".;., ,. .--~-, -OW-. -. -'''-"' oh "~"-AA~~O T r1n]~rnTrn If "lfJ1ltft'J1T -"IJ~~ "'J' ~ \ , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN1' (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice 01 appeal. Check applicable boxes) COMMONWEALTH OF PENNSYlVANIA COUNTY OF ; 5S AFFIDAVIT: I hereby swear or affirm that I served o a copy 01 the Notice 01 Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 0 by personal service 0 by (certified) (r~gistered) mail. sender's receipt attached hereto. and upon the appellee, (name) , on , 19_ 0 by personal service 0 by (certified) (registered) mail. sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Ruie was addressed on , 19~ 0 by personal service 0 by (oertified) (registered) mail. sender's receipt attached hereto. SWORN (AFFiRMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF _.19_ Signature of affiant SigniltlJre of offici@1 before whom affidevit was made My commission expires on ,19_ (") C) ,r_ C ~'7 'U~;: ~ n"jc...~ J::Joo '_';>" r:-: "";... ....-_~.l' :~(' I ~./) -' . U;) ~~J ~>,~ ~3 -~." ._~ t...) Z ;:- ~ "'~. Tille of official ~: _0' 2:.4.1.. ~,~. .....l~.j_"'; ., )~M'P!f.~'!~t"""l~%'fU.,~.,tJ. _, F~l~~_=Jm~~~,iBl"-"-;: .''- -. ',- ~ " ',1'- ,- A<<-'. ,,., \'''~'''-\~'*';!'''',*",';j-~]'.jJjlW;\;>,\,,1'';'W$l1i1'(,-".~,'f,;Y.'.f :':"'-'-"M,W!W.:i?~ffl~~~~j; . '-''''''''~,''I''','~ "!'.'\'...,,!,,~',~,)r,,' _ _ ""~!I"""~~,1;<ffi':~'-fo!lNlf.",~,~,.,~-,I;'> .' , '-;n::'ct5MMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ',,'.<':J-'; (JI- 17S- NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS I . rw.lrS,JUDITH S 4'54 STONE CHURCH RD CARLISLE, PA 17013 L --.J Mag. Dist.Ne.: 09-3-02 OJ Nam~' Hen. , HELEN B. SHULENBERGER Address: P,.O", -'BOX 155 27'W. BIG SPRING AVENUE I\ll!:WV;ILLE, PA T,I'phoo" (717) 776 -3187 VS. 17241 DEFENDANT: NAME and ADDRESS ITREE-BERI FARMS KE~LS., 637 GRAHAMS WOODS RD NEWVILLE, PA 17241 L Docket No.: eVe 0000153 - 00 Date Filed: 11/17/00 .. ET AL. I --.J " ":'[,,:',,; ,',.''':i','-,,:' , , " .' , "'. TREE c BEIU . FARMS ,'.KENNp...R-E-'TI';m')~Lc-'Es..:..........i ........:.... '.'ntsMISSEI:'r'wJd _____.t_ JUDITH s. LAWS . 45-4:ST()NE CHURCHRD c,AIU.ISLEj.I'A 17013 ,-;,t 4,'" . ~ ' " ,') , ",,','C' ,;,'r," .........:,...n~Fi. 001. ,',_:_,"..:.1._--"_"" ; ''':~:~.~',::ir', I I I I I f. I I I I i l I :...1\.' ~; , .:. .1.... .. I I I I I I o JUdgm~nt was entered for: (Name) i o JUdgm!~nt was entered against: (Name) .' in th~famount Of$. ~ . ~ o D. e~~ndant~. JO. Intll aD. (}SeVerall{lik.) ble~' / O,v ,v ;;J o Damages 1'/9:1' be:1ss s~ on:" . f'...... {v {\J. ,,/' [iJ This case disd\Ts~ w1!J:llut preju.42e. /- r A' ~ O Amount of ~gment s~'~t to ::3 Attachment/j5;'ct 5 of 1996 $ /'- (Date of Judgment) (Date & Time) Amount of Judgment $ .()O Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o o Levy is stayed for days or 0 generally stayed. Q:t :" Objection te<iBvy has been filed and hearing will be held: r-c --'- ---,-- _. Date: C!q Place: ;, ~'f;, . ~ Time: 'T-' ...-. . C / ANY PARTY HAS lj:l;E RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL'WITHTi;JUROTHONOTARYiCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU . MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPTFORM WITH YOUR NOTICE OF APPEAL .L. ...~ ...... . , . :~';:!:::./7.'"'f/jj."r:r6~t":' ,bistrictJustice ,; . i Gertifyth~tthis'isatruearid cOfrebt,cCJpyofthe'recb;dof the roceedingscon(aining the jUdgment. Date , District Justice My commission expires first Monday of January, AOPC 315.99 2006 SEAL __", t_",_ , 'I " ~ - ~> ,,,,,,,..- '" f. ,~-~~ ,~~ "= 1: \.:I ~. ~ ~ & ~.. ..,,, '"^" -- '"'''',''",M,'''_'. ,M'i'1'."Ii\iiililf[Il"lIlili'l!iiiW"j'7 "" r -.c:) ::J:. VI YJ Q; QI' 'il.l 0 ~ '-I vi ~ ~"""" "\-... "t ~ '\-"" ~ ;.)"., '::;1 ~ "t7 ~ ~ ..,. f:" " S<.. '!I ~'" ~ r--, ,~'!"1'l'~'WlWN1'lC,",~""''i''p'''''l!~~'~~'-~~! 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 0/- J7S C,o~l CIVIL COMPLAINT 09-3-02 PLAINTIFF: NAME and ADDRESS ,- JJd,'-M s, La.ws t.fsy. SIz'71"'- e/u<AC~ /.cd' {la-rk:;l<:: jh-t 7Q/.2 L ' VS. Mag. Disl. No.: OJ Name: Hon. H2LEN B. SHULENBERGER Add"" P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 T,I'phoo" (717 )776-3187 DEFENDANT: NAME and ADDRESS ,- Jp..{" -(- ~~ 7ir/tLn<elltt( dJ..unerT 'Tr.e '" _ !3/Lr-; fi ,n1 S. f04t ~ 6:'7 G-r=A,u,",S w&-,:,cf.s f'C<". L ;t./zuJJ;IIt'j1~ (7.:4-<U Docket No.: GV-153-00 Date Filed: November 17,20 AMOUNT DATE PAID FILING COSTS $ I 0 3 . 00 I I II 7 I 00 SERVING COSTS $ I I I TOTAL $ I I TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ QY::1. together with costs upon the following claim (Civil fines must include citation of the statute or ordinance 18 violated): d. - c/ ~ det (hLL.~ U< {fA- &rvc~f>:d.tJOO, d ItJ~ ~t ~ .t .V>. A#~~ ~ ~_' .~/~~~:'~~~I~~.'k~ . ...L-<,-.....tK iJtY1. ,~. --0:- - - --I-c ..oUli:L<.de.. ~ ~~: crt I'-VL (f) po...L-?- tLe-);b / J nlO7L-rn~' - - ~ '-,. - arwt ~ ~ .z.u.. .:i:i;7 d.. ~.'~~' Aie?Jh.ze.JZ~A&;~ ~/~?;L~#/O' /_ /.I oR. ~~ d--J'LA 'TlU ~.;z.-UJ7 Lh-/-<-<<- .A N :../ ~ , ~ /& .;k'J?7J @/I/ /l7r1 ~ it:- ~/ -d ~ J1('~L;dd.. ~~4- d- <;/.'{/,d:J/YI d.-?<..d' J~/ ~~......~--J .-rf..t/7t-.-4- -.A. ..U'-' c,} e.a..ud ~ /.?-/. ,-r 77-,.., 4.~ -;.!!4<-L-V~ .-e.q/e.-..o::- ,,-yv ~ rl-!' ,/fJ ~~ ~ ,AJ'-<LA- "-"""7 "- eft ~~'~_d:':".,. _ ~ ~ /lL"'-iL"e, v-;2.~; ~ () ~~~~ ~a_ -cl ~d ~~~~< ~-e--/ CZ/'.a1.r sL//?'J1 .4-~a.L~~,,%~"" $,s'l/P'..z &.pu~~ ~-.f~~C7-~~1 /0L-A'~ 4L~.ft2/2..li'-.~ I, oJ vel; ft~ S; Lc<-i:.LJ..J verify that the facts set fort in thit-com~ainl"'are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. ~ 4904) related to unsworn falsification to authorities. Plaintiffs Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is wilhin district justice jurisdiction and which you Intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow. If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A -98 I ' 0 ~ "I~ 'I - ~ ~<~'C ',':i>I.~"W.'I!I,1-;,'. 09-3-02 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME and ADDRESS 'r.AWS, JUDITH S 454 STONE CHURCH RD CAaLISLE, PA 17013 L I . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dis\. No.: DJ Name: Hon, HELEN B. SHULENBERGER Addeo" P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA T"'phoo, (717) 776-3187 17241 . -.J VS. ...HELEN B. SHULENBERGER P~O.BOX 155 27W. BIG SPRING AVENUE NEWVILLE, PA 17241 , Disposition Date: 12/11/00 ~Iease be advii:;ed that an appeal has been filed in the above captioned case. Kindly use this form to indicate the resuits"rh this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge DEFENDANT: NAME and ADDRESS 'TREE-BERI FARMS KENNELS, ET AL. 637 GRAHAMS WOODS RD NEWVILLE, PA 17241 L Docket No.:CV- 0000153 - 00 Date Filed: 11/17/00 I -.J CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as thedistrict justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OJ: OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7298.98 FORM PRINTED: 1/12/01 11:03:51 ->- '- ~ I'~ . IT. 11- ~- " ^" -COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fLAws, JUDITH S 454 STONE CHURCH RD CARLISLE, PA 17013 L -, Mag. Disl. No.: DJ Name: Hon. HELEN B. SHULENBERGER Add,,", P.O. 'BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Tol'pl"oo (717) 776-3187 17241 VS. DEFENDANT: NAME and ADDRESS ITREE-BERI FARMS KENNELS, ET AL. 637 GRAHAMS WOODS RD NEWVILLE, PA 17241 L Docket.No.:CV- 0000153 -00 Date .Filed: 11/17/0,0. '.. , " , . - ,- ...... '... . , ,. HELEN B. . SHULENBERGER P,o.BO;x:,155... ';27W;"BIG SPRING AVENUE NEWVILLE,PA 17241 . ;, ,.: ' , Co"~ , ' . :.:',' , " :d: .: TAIS IS TONOTIFYYOU THAT: Judgment: TREE-BERI FARMSKENN~ ELS DISMTSSF.D WID PRF.,TIIDTCF. .DEF 001 o Judgment was entered for: (Name) o Judgment was entered against: (Name) in the amount of $ on: (Date of Judgment) o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ [i] This case dismissed without prejudice. D D Levy is stayed for days or D generally stayed. 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 JUDGME~lT BY FILING A NOTICE -. , . , OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU, MUST INCLUDE A COPY OF TI:!IS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OFAPP.EAL. ~'J: . :, ,.:., ,: Date , ,.'. ; Dlstr,lct JustIce.. "i l.-. , I certify that this is a true and correct copy of the record of the proceedings contairiing the'judgmen( Date , District Justice My commission expires first Monday of January, AOPC 315.99 2006 SEAL ~ ~ .~~" , -I " , ~',..,.., rl - ~i' , COMMONWEALTH OF PENNSYLVANIA COURT OF, COMMO,IiI' PLEAS NOTICE OF APPEAL FROM T .' .J-:9-J....02 J~DICIAL DISTRICT elen ~. Shulenbeiger ,,,{).. Box 155 DISTRICT JUSTICE JUDGMENT ')' r'~ '~"", ~ i . vi I COMMON PLEAS No. 01.- f NOTICE OF APltEAL I '"jh:.1 \ J'i;o 9. oleo / No~ce is gi""n that the awellent has filed in the above Caurt af Cammon Pleas an appeal from the judgment rendered bY the District Justice an the date and in the case mentioned below. '1-';~,"\?Vl. "",ell' p,p", NAME OF AI'PELLANT MAG. DIST. NO. OR NAME D.J.' ;Judith S. La;.,s ~ OF APPELLANT 454 Stone Church Road DATE OfADGMENT IN THE CASE Of (Plaintiff) QTY 09-3-02 STATE ZIPCQDE 12/11/00 ClAIM NO Judith S. Laws Carlisle FA 17013 (Defendant) Tree-Beri Farms Kennels, etal CV 12 000111<;<-00 LT 19 This black will be signed ONLY when this nota~an is required under Po. R.cP.JP. No. 10088- This Natice of Appeal, when received by lhe District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. , Signature of Prothonotary or Deputy t""',f1.- /./' ,I' If a . lIarliwas CLAIMANT (seePa, R.G.P.J.P. No. 1001 (6) in action before Distiic( Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RUUTQ FILE (This section of form to be usfid ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District J,!stice. IF NOT USED, detach from copy of notice of appeal to be served qpon appellee). ' PRAECIPE: To Prothonotary (Common Pleas No. -iA,) Name of appel/ee(sJ ....:4- ) within tvknty (20) days after service of rule or suffer entry of judgment of non pro~ , appellee(s),tO file a camplaint in this appeal Enter rule upan Signature of appellant' or his attorney or agent RULE: To Name of appe/~e(s) , appellee(.). , (1) Ju. arenotifiedthat 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 camplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED.AGAINST YOU. (3) The date of service of this rule if service wos by mail is the date of mailing. Date: ,19_. "'-<: Signature of ProItIoooIary or Depu/'( ! \. ",~ '" -) /" AClPC 312-84 C(tl:lRT'FILE "~'-'CFy~",.l*,~_Wo~,~lI'j\{~lI!l6l.:ri\l'_~'-_l~""'_I___~~~~""I;"""""';."""""P'f""_.-"--<"""~l'-"';'e'"r''''''->C!-'''''t'..~;'''''''''"''_;''''''ot'''1''''""'''''''''''''''-~1''r=_'"''''';W~j(f''''c";_'1''F'=-'''''''i'''''''''--''''' p .. .... ....-. . .. 1..TiL Ii ~. . iT .T'- "iIIIIiT!llIIl!'IR T . ]]11 .~ PROOF OF SERVICE OF NOTicE OF APPEAL ANO FWlE TO FILE COMPLAINT (This proof oi service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing thE> notice of appeal'. Check applicab/e boxes) COMMONWEALTH OF PENNSYlVANIA COUNTY OF Cumberland ;.. AFFIDAVIT: I hereby swear or affirm tllall served I&l a copy of the Notice of Appeal, Common Pleas No. 01 -1 75 . .. upon the District Justice designated therein on (date of service) 1 /1 2 101 0 by personal service 6d by (certified) (r~ie~ mail. sender's receipt attached hereto. and upon the appellee, (name) Rrnoks FolaRd, Esquiro _, on 1 /11 /01 , 19__ 0 by personal service 6d by (certitied)XIllllI3i~~ mail, sender's receipt attached hereto. and fUrther that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19~ [I by personal service 0 by (certltied) (registered) mail, sende,'s receipt attached hereto. SWORN (AFFIR~)JO) AND S IBED BEFORE ME THIS ft7 DAY ......J2::t9f) ) ~-' .~, '.......--""-.~"~.~.- ',-""- ." 'Y~'~ ...._-~--~.,~ ,. ~ . ~ -. . ( I' /;.. . t ,-/ f // nature of affiant Tilla of offjcial {r My commission ex.pires on _ ,1~ NOTARIAl. SEAl. nEtlEE l.IIIURRAV..NOTARV puBLIC CAIlLlSLE BORO, CUMBERlAND CO. PA MY COWIlflSION EXPIRES DECEMBER ,a,lIOO1 ,-, ,",.-" -, " ~ o .,:;~: r-nr;- :Z:::T_ {;;'i ~~~\ '7' ::;::1 -< l._ -"-Q.' ~~ -:.::> lX) ::.;:~ ::;.? -<. ~i1~~^""~'=.r,fI!~~Wi!JI'Iji_Iffi!I'\]C~~~~ijt~~~';'F<!f"'7.l'~V&'B~~~~-~!lt~Wl'jf..;,~~~n!"'c~""<" : -r'!T-.,Fi"":.';;"',~-'"",,,,'-;'-'" - - '-,q."",'I"O",'-; \;k :-'-:;;j ~;:1 1 -, ~ ,",' - .' ""' ~ . "'"4___......-.. .Gen1illeliillti;n\lI~i,olIo,_4Ii>. .Print yolir name-and- address'on the reverse of this form so that we can return this card to you. "'ach this form to the front of the rnailpiece, or on the back if space does not "annlt. -Write-Return Receipt Requested" on the rnailpiece below the article number. <;; SENDER: " .Complete Items t and/or 2 for additional services. .. .Complete items 3, 4a, and 4b. II) . Print your name and address on the reverse of this form so that we can return this I..... G!lld to you. -..tach this form to the front of the mailpiece, or on the back if space does not """It. I: _Write-Return Receipt Requested" on the mailpiece below the article number. 'Iii .'tlle Return Receipt will show to whom the article was delivered and the date iii: G1elivered. i~~~~ N-fwvd k yrr II >Lll r >__,;Co _^ ,"-, ::""-"1"" ,-, I also wish to relllllve the followingservllllls (for an extra fee): 1. 0 Addressee's Address 2. 0 Rastricted Delivery Consult postmaster for fee. ss (OnlY if requested "i 'i. Dorne~ieRefum Reo. I also wish to receive the following services (flIr an extra fee): 1. 0 Addressee's Ad~ress 2. 0 Restricted Delivery Consult postmaster for fee. 48. Article Number Dq~3 4b. Service Type o Registered ~ertlfied o Express Mail ~ 0 !;;su'J\d o Return Recelplfor Merchandise 0 COD.' 7. Date of Delivery 1_/20 , 8. Addressee's Address (Only If requested and fee is paid) " ,\ij Ii ~o ~; ~ 'ii; ill 11:' I ~ .e '" ~ ~ ~. ~-" ;" SAlOIS SHUFF, FLOWER & LINDSEY ATIORNEYS.AT.LAW 26 W. High Street Carlisle. P A . j " ~_', '," _C';_, " . _ r. " JUDITH S. LAWS, Plaintiff v. TREB-BERI FARMS KENNELS, i JOHN TARTAMELLA and SANDY TARTAMELLA, his wife: Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-175 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 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 240-6200 SAIDIS, SHUFF, FLOWER & LINDSAY Dated: ~~~ ~5/~OO( cA By: Joh Esqu' re Supreme urt I.D. #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff -., "-;~,L"IV'f?'l'-"'-""1 "" , r,l . SAlOIS SHUFF, FLOWER & LINDSEY ATTORNEYS-AT-lAW Z6 W. High Street Carlisle, PA I ~ ,~ , " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH S. LAWS, Plaintiff v. TREE-BERI FARMS KENNELS, JOHN TARTAMELLA and SANDY TARTAMELLA, his wife: NO. 01-175 Civil Defendants COMPLAINT 1. The Plaintiff is Judith S. Laws, an adult individual residing at 454 Stone Church Road, Carlisle, PA 17013. 2. The Defendants, John Tartamella and Sandy Tartamella, are both adult individuals residing at 637 Grahams Woods Road, Newville, PA 17241. 3. On or about October 15, 2000, the Plaintiff took her three greyhound dogs to the establishment of the Defendant for kenneling. 4. Earlier the morning of October 15, 2000, one of the greyhound dogs "Annie", suffered what appeared to be a seizure. After said seizure occurred, the Plaintiff immediately contacted her veterinarian to receive information as to special treatment for Annie. 5. Because of the information she received from the veterinarian, as well as a result of her own knowledge about greyhounds and medicine, Plaintiff advised the Defendants that other arrangements needed to be made for Annie, because of for her own safety, she would need to be separated from the other two greyhounds in the event another seizure would occur. "--' ~-",~- 'I "'1 - ,,"--~---,." -,- !.I SAIDIS SHUFF, FLOWER & LINDSEY ATIORNEYS'AT'LAW 26 W. High Street Carlisle. PA "j II 6. The Defendants advised the Plaintiff that since another dog was leaving the nearby kennel, then a separate kennel would be made available for Annie. 7. On or about October 16, 2000, the plaintiff contacted the establishment of the Defendants and was advised by the Defendant, Sandy Tartamella that her husband, John, was going to Northside Veterinary Clinic with Annie. 8. That afternoon, Annie suffered a seizure and was attacked by the other two dogs. The sole reason that the Defendants did not kennel her; she subsequently died Wednesday October 18, 2000, as a result of the attack by the other two dogs. 9. Because the negligence of the Defendant in putting the dogs together, the Plaintiff has suffered the following losses: a. the cost of Annie - $200.00 b. hospital bill for veterinary care $831.04 d. lost wages $715.84 ($44.64 x 16 hours) total $1,746.88 ~"'-' '-'C'_'_;',:'""'_"T" '_'_""'_'~^'c_ '~)-'I~"- "_"_:"1' " _-~ _ 'T_ - '~'- .". , ,,"'-rr',- ., SAIDIS SHUFF, FLOWER & LINDSEY ATTORNEYS-AT'LAW 26 W. High Street Carlisle. PA 'f " " WHEREFORE, plaintiff prays Your Honorable Court to enter judgment in favor of the Plaintiff and against the Defendants in the amount of plus interest, costs and $1,746.88 attorney's fees. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated l-~ 24-,01 Johnn q. ~ Attor 26 W. High Street Carlisle, PA 17013 Attorney for Plaintiff "--~'7~-<"C . 't" ''"__''<_'" "< ~ ''>7't;I.','O.,_... "I ,,,,\"_,,,", I , VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1- 2<1-01 ~,j-~ Judith S. Laws "~'. "'" , ~ . I~""<':' ., "I ~~ SAIDIS SHUFF, FLOWER & LINDSEY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA - .-":'C,~,,~ II i :1 I CERTIFICATE OF SERVICE On this !}Sf1--' day of ~ hereby certify that I served a true and correct copy of the , 20ClI, I, foregoing Complaint upon all parties of record via United St~tes Mail, postage prepaid, addressed as follows: I Brooks Foland, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 SAIDIS, SHUFF, FLOWER & LINDSAY By,Ih~~~ .' .,-. " "'!"~"'----~~' I'~'/>"^' .~"- "y, ii' " ~~ ,,, II"'!"~ . , ". '<<Lo=' ,,' .~, <2 ..o~~: ~\l" ';2,-D ':2:.1':: crJ l'.:.... :(, L-:., ~'C../ ....,.{.-, ?,~C ~,-' "PC: ~ ~~ c:o - '~"... ~ "" '<..1"1 ""'" > ~:? . c- :.o#l .- \. ";9. .~\3 ,. , \~~~"~~~ .::~~~ ~~~, c>, --' 'Y: ?2 rc1' "'P~"'l't~}jlW~M!.~","'f'!~'ll'I'I~~r~'iI1ffliIfi!~~~~llI~ JUDITH S. LAws, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01-175 CIVIL TREE-BERI FARMS KENNELS, JOHN TARTAMELLA AND SANDY TARTAMELLA, HIS WIFE, DEFENDANTS JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER AND NOW, come Defendants Tree-Beri Farms Kennels, John Tartamella and Sandy Tartamella, by and through their attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter: 1. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 1 of Plaintiff's Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2. Admitted. 3. Admitted. 4. Denied. Defendants are without information or belief as to the truth of the averments of paragraph 4 of Plaintiff's Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 5. Denied. It is specifically denied that Plaintiff advised Defendants that "other arrangements needed to be made for Annie" or that "she would need to be separated from the other two Greyhounds in the event another seizure would occur." "" -"-:-,!,,,~_,~'_'PJp_,,_";,,<__,~LA'_~'_' ___O_,",'_')"_C"'3,_~'_I_.~_ --",,":""1__,_~j\__~ ~ '0_' ~I_I"__"~ . ~ ." ~--., .' ~- , -. ,'. -~--, "'~-~ . , 't To the contrary, Plaintiff instructed Defendants to kennel Annie with the other two dogs during the day and separate Annie only at night. Any and all other allegations contained in paragraph 5 are specifically denied and strict proof thereof is demanded at time of trial. 6. Denied. It is specifically denied that Defendants advised Plaintiff that since another dog was leaving the nearby kennel, that a separate kennel would be made available for Annie. 7. Admitted. 8. Denied as stated. It is admitted only that Annie was apparently attacked by one or both of the other two dogs with which she was kenneled. Any and all other allegations contained in paragraph 8 are specifically denied and strict proof thereof is demanded at time of trial. 9. Denied. The allegations contained in paragraph 9 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). i I I i. i1 I i WHEREFORE, Defendants Tree-Beri Farms Kennels, John Tartamella and Sandy Tartamella, respectfully request that judgment be entered in their favor and against Plaintiff. NEW MATTER 10. Some or all of Plaintiff's claims, if any, may be barred or reduced by Plaintiff's own contributory and/or comparative negligence. 11. Some or all of Plaintiff's claims and/or damages, if any, are barred or reduced by the Pennsylvania Dog Law. i I. - ,--,'", " ,- n.",,". ..., ;,'c ,~': .,'5E",:t'_"_' ,n_.IT""if.., ,d'._', _~_,."___ ._" ,_" _",. ',""",', I _ - ---,!,,~"',-, -~-- , ,., --~ ,---, ._n'" _-r__ ~~ _ . 0 =~- . 12. Some or all of Plaintiff's damages and/or claims, if any, may be barred or reduced by Plaintiff's failure to mitigate damages. 13. Some or all of Plaintiff's damages and/or claims, if any, may be barred or reduced by the limitation of liability provision contained in the kennel agreement between Plaintiff and Defendants. WHEREFORE, Defendants Tree-Beri Farms Kennels, John Tartamella and Sandy Tartamella, respectfully request that judgment be entered in their favor and against Plaintiff. Respectfully submitted, by: FER, LLP - ooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 :122810.1 Attorneys for Defendants '1(",,",,' ., - " ~_ ,~,~_.,,,,y,;/'p,,,,~,__,_"_ ~'.~d~- ,,_~,", - d--~,"'" 0"_'_'1" "'I ,.,-- ,,' ,,,,--'~,-'-~' ~- < ,_,'.=,-.' -. ~,-',~,' " ~ . VERIFICA liON I, John Tartamella, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. S 4904. / ./ ;p o.z.../..z..;/o I -""',' _5.'_' ' -v .~."_'V,~~ - L . ~- ". -~ - .~ d CERTIFICATE OF SERVICE ,. (1d & AND NOW, this ;\01 day of ~~, 200L, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Johnna J. Kopecky, Esq. Said is, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 ~)Z-- Coleen M. Polek );> . ~ i, -.; . ~. I l' -J:" - '"""'''''''" ',,'.',,,'',".,... .'.-~- -<,^-~,---,._'~-I--, ,--,-"_. -~_'_.~ .~-___~~_, ,,-. "--' -.-.. , ,,-~ '0 ." """'~ ~,-, - ~~~ ',-,' ,. "<~_,-J"",. -,;;. '.' ,"'- ,-. ''',',.',,',,"<,--,' ~ 'r C') ~'i" '.' [- ~--:: t<l /-- (/.1 (--' ~," r-~::. - C_ O ",,', C, ). c: r:-~) '/ ,,<-- ,:,..) --< -< .r. r.' .""riiJj" .f]q "_'~'_~~rml'~~~~~._fI!I,..~_",,,~ "'~I"."'f,.i SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT'LAW 26 w. High Street Carlisle. P A i1L . . . .,. :'i_ " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDITH S. LAWS, Plaintiff v. TREE-BERI FARMS KENNELS, JOHN TARTAMELLA and SANDY TARTAMELLA, his wife: NO. 01-175 Civil Defendants PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark discontinued and ended. Date: 5:-75.0 I .. ~ .... " .... , . , > ,-,'~ <~"I-,' . -I the above-captioned settled, matter Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY __..-r~ ." Johnna Kop Attorney I.D. No.: 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 11 ,~ ~ "^ - ~ , . - ~ """'ro""- ,<'- ',-,0' "~~n. ~ '" ~."""" 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