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HomeMy WebLinkAbout01-05070COMAMSNINEALTN OF PENNSYLVANIA a COURT OF COMMON PLEAS JUDICIAL DISTRICT N0T0CE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No ~ ~ _ 5®~(~ C,r lia 1 NOTICE OF APPEAL g.-~j -O~ Notice is given }hat 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 wse mentioned below `~ ~ 1` ~ONy1 L'1)Fl.f}C-~ ~ tr .~sr-me-r~r~ ~ (~' 9 ° ~ • ® Z ESS aF APPS CITY STATE aP40DE Co ~ I GH- S N E t~Jv ! LL ~ P/~ 17 z. L~ 1 DATE OF IUDGMFM N THE CASE OF (P/alMlll) ~ lDermtlentl ~- ~ I ~ ~ i ~ f?c~ ~ c, of ~ {~f C.C~ ,~ '~~ Fi,~C; tr CLAIM Na SIGNATURE dF CR MIS ATTORNEY R AGSM CV 79 `®~ _ e"2S L LT 19 This bock will be signed ONLY whEm'this notation is required under Pa. R.C.P.J.P. No pant Was CLAIMANT (See Pa. R.C.P.J.P. NO. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(61 in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20J days after Signature o/ Pmthonotar or tiling his NOTICE of APPEAL. y Deprty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form ro be used ONLY when appellanrt was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before Disbict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To ProthonotQQar_y ,1 Enter rule upon LJ02(SU~i -T U ~ ~ ~i~ 1f t ~~ ^ ~~~ ~O/Z~IQ o epees , to file a can Name a apoeiiee(s) ~ PP () plaint in this appeal (Common Pleas IJo ~ j ~ Sb~d c .vl ~ )within twenty (20) days after service of r 6e~e suffer entry of judgment of non pros, /' ~-q' Q ~= igrrature of appellant a his attorney a ageru RULE: To BO~byG~ ©F~E~tlf(L~~p~l (s) lvame Dt appelTeersl (1) You are nofiFied chat a rule is hereby entered upan you to file a complaint in }his appeal within twenty (20) days after the daM of service of this rule upon you by personal service a by cerKfied a registered mai4 (2) H you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) T~he~ d~ate~of,ser7vice of this rule if service was by mail is the date of mailing. ,/)'f~ ~ ~ ,/ Dafe:r~1 ~n(d,~sdd ,J11~ ~j //'/' i~~~ MJ~I~i Slgr Rothapfa~y or Deputy AoPCS,z-~` COURT FILE TO BE FILED WITH PROTHONOTARY rt f +. ~nE3F C}~' Fill ~iF` 1°1 F ~~~}8L, ~ ~ ~`~ ~'I1. ~~~1 Aa1~B {7his praaf of ae;vra3 h~US7 E~ rttLE'fT 6YtT:~tttV TEt~` (f0) ~~YS AkZ~R Iifhag i`he norine rs+'ppeat. (;hack ac+ofioabte bo,aes) C0~4PACSAIlN~Ad.TN £PR PEPIAluB't,'J'AhfdA AFI~~1~'. i here~f~ svaearc~raffirn- ifiat i sErvsd a cagsy ~# fhe ~iot~ce of 6tpgaai: (Tomrnon Pleas Na ______~W._._.__,~_, upcar° 4F=.e C7lsirict Justice designated therein an (cta~ta o€ service} w _ ___,___ ~ ~~.. ~ by per5or?ai seruice i.~ ny fcr.rtified) {registered} mail, sender`s receipt ~tfaohed taerra2o. and ui~or€ the appelleo, ;name} .~ _ ~__._..~_.__ _~. ___ _._..M ~_~~._____~~, an __._..._.__.._. , 1g_.._.w.._,.._. !J b~; persana! serulse C7 by {c2rti=led; {regisiarc.d} m~,ai(, sender's receipt attached hezeto. ^ a,~ #!urther that t serve>a tho Rule to Filaa Go:mNlairxt aocemaanying -he abave htr~fic~ a€ Appea! upcn fhe appellee{s1 io wham the F?ule was adnressed c:n a_._._....~..._ ________.._.._._. , t9_~ i.~ by ;ers~snai seruics ~ 6y (certified, (ragisYe~red) rx~ail, var~dier`a raeeiot, atta~ed i,ereta. 5Ni0RN {~-1FFkE~~~tE6j ANtS ~UE3StdFi30~(T ~EFC~FiF itAl~ THIS -.__._..._..,...___.__._ t~:a'! GrF __,_,,.~._______.._ . 'IS._...__ Signature a! aftiant Signniure of otAcr4t bfltvre ri: cm rairrieait aves marfx Ti He t7f aflic+at kfly commission oxpL'es on ~,,._____M_.........~_.._....„.. i u _____A ~ ~ ~,~ ~" ~~ LL. Ill rT! ~:ai ,~~ -_ r ~ G7 ~ -.- is ~ = ; I 1= C.i t {~, i_l .. ay ~_.' ~ .. '..J ~ ' ~~ ~ - r 08/29/01 ZO: JR FAA 717 778 9284 ~ D. J. (09-3-02) C~j 001 I , ' -' COMMONWEALTH OF PENNSYLVANIA couNTY CF: cw~t3Rra~ID Map. oin. No.: 09-3-oa OJ Name: Mon. HELBN 8. S$IILSNBSRGi312 ndareee~.p,0'.~:~~SQX 1S5 27 T4. SIG 9iPRING Atl$NOS Ni4WVILLS, PA Tmapnona' (71'7) 776-3187 17241 H$LHN 8. BHtJLHNSt3RGER P.O.-SOX 155 27 W: SIG SPRING AQSN[i'S N74iNILL$, PA 17241 - K THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was enter®d tor: (Name) ® Judgment was entered against: (Name) In the amount of $ ~ , t go s~ on: ^ Defendants are jointly and severally liable. Damages will be assessed on: This Case dismissed without prejudice. Amount of Judgment Subject to ^ AttachmenVAct 5 of 1996 $ Levy is stayed for days or ^ generally' Objection to levy has been filed and hearing NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CiASE PLAINTIFF: NOME aneioDRE93 ~3>30ROIIGH OF NSQPVILL$ ,~ 4 1 g 8 6T 6T&E8T a~ ~ ~ ~~ ~~ ~~ ~'J[fLTa~VaR PRt3D POT'I.SR ~NSiOVILLBr PA 17$41 ~ VS, DEFENDIwY: NnmemenoogESs rFraAGLS i701Af?ii.D ~ , 65 8. HIGH STR$ET NSWYILLS, PA 17241 L ~ Docket No-: CV-00 00083-01 Date Filed: 6/06/01 (Date of Judgmentj ~/s~ /m (Date & Time) Amcunt of Judgment Judgment Costs Interest on Judgment Attorney Fees Total ~~ Post Judgment Credits Post Judgment Costs Judgment Total $ Y _~_' Stayed. be held: bate: ~~ Place: Tima: 4NY PARTY HAS THE RIGHT TO APPEAL WRHIN 30 OF APPEAL WITH THE PROTHONOTARYlCLERK OF MUST INCL~ipE A COPY OF THIS NOTICE OF JUDG& Date I certify that this is ~ true and correct copy of the Date My commission expires first Monday of January, (2006 5 AFTER THE ENTRY OF JUDGMENT fiY FIL•iNG A NOTICE COURT OF COMMON PLEAS, CIY14 DRASIGN. drOU . ?RANSCRIPT FORM WITH YOU1,~~11)TIGE OA~ APPEAL. ~Oistiiet Justice,'. "> n f of the proceedings comaining the judgment. , Dis~rictJustice AOPC 315-98 SEAL -. -. raRr,,... ~-~ - C: ~[\ \ ~ ~. ~~ ~. t~1( ~-'T ~ '~'l .~~ Wes' u' (j,l : ~-' ~} R} r' ~._ -. ~(rN~, ~~ ~~ Q~ i ~-~ V $J `C~ ..~ _.J ~r \~ D l ~.. ~~ ?r- J `^'is=K.~~~~'gyrtii~st~adrazflyg , 'COMMCNWEALTH~OF PENNSYLVANIA C)ViL COMPLAINT O`er SO7c.~.,._, _ COUNTY OF: {CUMBERLAND ~~, C [~y~, .4.p.~~i.c ,va: PLAINTIfP NAME vM AOgPE59 1 09-3-OZ f Fred A. Potzer, Borough Manager a"d^° "~^~ Borough of Newville iiELEN S. SIiUI+ENBERGER 4 West Street ' °atl1G"` P.O. BOX 155 L Newville, PA 17241 J 27 W. BIG SPRING AVENUE ~ NEWVILLE, PA OEc=ENOAM: NAME uw AOt7pESS I ra.,~~<: (717) 776-3187 17241 r Donald Flagle ~ 65 South High Street Newville, PA 17241 L J Docket No.: _ Date Filed: ! , 8~-7 (p y~ ~ AMOUNT OA i c PAID FlLING COSTS 5 / / ScAVING COSTS S ~ / I TOTAL ! 5 57.50 06!08/O1 + constable fees TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you fcr $ 1149 .35 together with costs upon the foilGwing claim (Civil fines must include citation of the statute or ordinance violated): Judgement: $ 1149.35 DEFENDANT HAS FAILED TO ADHERE TO PAYMENT PLAN Costs: 57.50 TO PAY DELINQUENT WATER AND SEWER BILLS FOR Total $ 1206.85 PROPERTIES AT 65 SOUTH HIGH STREET IN NEWVILLE, REFLECTING BALANCES FROM THIRD QUARTER OF YEAR 2000. I, Fred A. Potzer verify that the faas set 'orth in this complaint are true and correct to the bey of my knowledge, information, and belief. This statement is made subject to the penalties Gf _ Section 4904 of the Crimes Code (18 PA. S.C.A. § 4904) related to unsworn falsification to authorities. ~~t=ai (Signature a Pal t'if or Authorized Agent! PlainrrfF's AKomey: 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 8Y DEFAULT. If you have a claim against the plaintiff which is within 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 plairniff which is not within district justice jurisdiction, you may request irrtormation from this office as to the procedures you may follow. aoPC aosa-ez COMMONWEALTH OF PENNSYLVANIA rrii mlrv nF• CUMBERLAND Mag. of&1. No.: 09-3-02 DJ Name: Hon. HELEN B. Addrese: P.O. BOX 155 27 W. BIG SPRING AVENUE NSWVILLS, PA Taiapnene:(717) 776-3187 17241 HSLSN B. 3HULSNBSRGSR P.O. BOX 155 27 W. BIG 3PRING AVENUE NEWVILLE, PA 17241 COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NnMeandnooaess ~BOROIIGH OF NEWVILLS 4 WEST STREET MANAGER FRED POTZER LNSWVILLS, PA 17241 VS. DEFENDANT: NnMeandnooaess rFLAGLE, DONALD 65 S. HIGH STREET NEWVILLS, PA 17241 L DocketNo.: CV-0000083-01 Date Filed: 6/08/01 Disposition Date: 7/31/01 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN -appeal has been disallowed. J J APPEAL DISCONTINUED -appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD -court has reached the same decisidn as the district 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 OF 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 ~2se-sa FORM PRINTED: 9/07/01 10:11:11 COMMONWEALTH OF PENNSYLVANIA " rni iniTV nF• CUMBERLAND 09-3-02 DJ Name: Hon. HELEN B. 3HULENBERGER Andress; p O . ; BOX 155 27 W. BIG SPRING AVENUE NEWVILLS, PA Te~ephGna: (7171 776-3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLS, PA 17241 ++yy .:, Tt{IS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPl CIVIL CASE PLAINTIFF: NAME and ADDRESS _ rBOROUGH OF NSWVILLE 4 WEST STREET MANAGER FRED POTZER LNSWVILLE, PA 17241 VS. DEFENDANT: NAME and ADDRESS _ rFLAGLS, DONALD 65 S. HIGH STREET NSWVILLE, PA 17241 L _ DocketNo.: CV-0000083-01 ,~ .. Date Filed: 6/08/01 (Name) nnRnnau Du nrrzwvTrer.r~ Judgment was entered against: (Name) Fr.acLS, noNAr.n in the amount of $ i ~ ~ ~q _ ~~ on Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ~ generally stayed. Objection to levy has been filed and hearing will be held: Date: Piace: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT ,BY. FpI~LING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIYI~ QIVbS~ION. YOU . MUST INCLUDE A COPY OF THIS NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH YQU,R~^19TICE Ofl APPEAL. ' ,•r~,..a ,,, t. .. W ~ _, / -~ j --U~ Date ;' ,District Justice,. _ r I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date ~ ,District Justice, My commission expires first Monday of January, AOPC 315-99 SEAL 2006 (Date of Judgment) 7/~~ /ni (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ G ~ ~ r~ _ ~~ -o T _ r ~~,= D ~ t•,a (~ -r, y ~ -~ G ~ - G ~aa~= BOROUGH OF NEWVILLE, COLLECTING AGENT for NEWVILLE BOROUGH WATER and SEWER AUTHORITY, Plaintiff v. DONALD L. FLAGLE, II and AMANDA S. H. FLAGLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5070 CIVIL TERM 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 maybe 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 /emu/ Richard L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 Attorney for Plaintiff BOROUGH OF NEWVILLE, Collecting Agent for NEWVILLE BOROUGH WATER and SEWER AUTHORITY, Plaintiff v. DONALD L. FLAGLE, II and AMANDA S. H. FLAGLE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5070 CIVIL. TERM COMPLAINT AND NOW, comes the Plaintiff, Borough of Newville, collecting agent for Newville Water and Sewer Authority, by Richard L. Webber, Jr., its attorney, and files this Complaint, averring the following: The Plaintiff is the Borough of Newville, a municipal corporation of the Commonwealth of Pennsylvania, with its registered address of 4 West Street, Newville, Cumberland County, Pennsylvania. 2. Defendants are Donald L. Flagle II and Amanda S. H. Flagle, adult individuals residing at 65 South High Street, Newville, Cumberland County, Pennsylvania 17241. Plaintiff, pursuant to Management Agreements dated September 1, 1976 and May 1, 1980, manages and operates the water system and sewer system owned by the Newville Borough Water and Sewer Authority (hereinafter `2VWSA"). 4. Plaintiff is responsible for the receipt and collection of water and sewer revenues and money due and payable to NWSA. Plaintiff provided water and sewer services to Defendants at their property located at 65 South High Street, Newville, PA, from March 1, 2000 through June 30, 2001. 6. Defendants consented to the supplying of the water and sewer services by Plaintiff. 7. Plaintiff invoiced Defendant Donald L. Plagle a total of $2,060.57 for water and sewer services during the time period referenced in paragraph 5 above. 8. Defendants have paid $951.20, leaving a past due balance of $1,109.37 as of September 25, 2001. 9. An itemization of the Defendants' account history is shown on Exhibit "A" attached hereto and incorporated by reference herein. 10. The amounts listed on the respective invoices represent the lawful and customary charges for water and sewer services provided by Plaintiff and NWSA. 11. Defendants, as owners of the property located at 65 South High Street, Newville, Cumberland County, Pennsylvania, have benefitted from the water and sewer service provided by Plaintiff. 12. Defendants have failed to pay the balance due, in spite of numerous requests by Plaintiff. 13. The total amount requested is within the limits for compulsory arbitration. WHEREFORE, Plaintiff respectfully requests judgment in their favor and against Defendants in the amount of $1,109.37 plus attorney fees of 5% of the amount claimed pursuant to 53 P.S. 48401, costs, interest and other appropriate relief. LAW OFFICE OF MICHAEL J. HANFT By: CS~~ r~• ~~~i~~/ / Richard L. Webber, Jr., Esquire Attorney I.D. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff Fax ~ 71r'7769317 DpNALD FLAGLE 65 SaUTH HIGH 5TREET x{270 {Apartment} X271 {House} TOTAL BILLED Quarter End~ng 46-80-Oi Quarter Ending ,03-31-01. Quarter Ending 12-31.-40 Quarter Ending 09-30-00 Quarter Ending 06-30-00 TQTAL PAYMENTS 09-06-Oi $ 7,02.86 07-17-01 1.00.00 OS-04-Oi 100.00 04-20-07. 82.00 03-A9-O1 7.00.00 $ 242.86 S 144.36 $ ,446,79 $ 735.03 $ ~i31.53 12-01-00 14-a6-oo 09-].5-00 0$-14-00 D7-21•-00 Sep 2S 'O1 1149 P.02 Usage House Usage Apt Usage House Usage Apt Usage House Vsage Apt Usage House Usage Apt , Usage House Usage Tipt $ 150.00 50.00 50.00 50.00 6b.34 TOTAL HILLED; $ 2,060.57 TQTAL PAID. 951.20 AMOUNT~DUE: $ 1,105.7 {AS of 09-25-01} 8,000 gallons 3,000 gallons 8,000 gallons Inactive 11,OOp gallons 21,000 gallons 10,000 gallons 48,000 gallons 1.2,000 gallons 28,000 gallons S7er L:`Hershe 8or g Secretary/Treasurer VERIFICATION I, Fred A. Potzer, Newville Borough Manager, verify that the statements made in the foregoing Complaint are true and correct to the best of my lrnowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Fred A. Potze Date: C~~) / 0~0O/ F \User Folder\Fvm Dou\SoGcimrsWeww'lle Borotl540d9Complaintwpd ~:_: T, -~._~_ - ~, ; __~ ~__ G^, v.: c-~ ~~ (~~ C_ .. _=t ~.$ '.J t -, rn -c ~.