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HomeMy WebLinkAbout01-05729Vr 1'R19nDl Nwnlw PLEAS Rv1iDTICE OF R~PPEAL FROM ~~-~ - r1 ~ JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na ~~ 1 •~` 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 daft and in the case mentioned beksw 1 _ )J atL~• cv 14 oC)(9o 1 \"l ~ O l LT 19 >: Ir N 3 _SN L.L This bock will be signed ONLY when this norofion is required under Pa RC.P.J.P. No. If appellant WdS CLAIMANT (See Pa. R.C.P.J.P. NO. 10086 This Notice of Appeal, when received by the District Justice, will operate as a 7001(6) in aCtiOR before DlstriCt JtrstlCe, he MUST SUPERSEDERS ro the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of F'rothonofary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE •IThis section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. ]00117) in action before Disrict Justice. IF NOT USED, detach from copy of notice of appeal [o be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon "~ + r.hQRJ1 ~.. 4 .L) ~ pF,[_Z y IC YT'TT , appellee(s), to file a comphinl in this appeal /~ nName o/ appelkels) (Common Pkas Na ~ \ l' ~` ~ ~~ •'I )within twenty (20) days afters 'ce of rule ors ent y of j cl ment of non pros ^T~ Signature o/ dent a his agent RULE: To ~ i ~ ~ C3 2d t... A ~' ~ t-(!.. J R. , appellee(s). Name W appeA~e(s/ (1) You are notified That a rule is hereby entered upon you ro 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 a registered mail (2) M you do not Rle a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTEREb AGAINST YOU. `•(3) The date of vice of Phis rule if service was by mail is the date. of maili p Date: C'L..~+-; a^'~ ~~,p~ SignaNre of a ropcss-ae COURT FILE TO BE FILED WITH PROTHONOTARY .~„ ~' , ~~CP~ P SE~~'6~~ ~ ~'Ti~~ '~F ~~lEe4~. ~ IRCtL, "C ~9~,E ~A~~6,~~N7' {?Eris pratat of service AsfUST s~'6 FICi.D Wt7HdPd TErV {, (7j t?AYS AFTER f7flng tt~e naYtca cf appeal. Check apptr'oabte baxss; G~ftRFAC3tytNEAL~'!H £DF flENPdSY6VAidlA ~~BA~f1~"t i hereby swear crr ai€ir~~ tt7at I serve, ~~ a copy a4' th,e hdotice of Appeal, t~ommon °ieas No. _____.___ .,_.___ , upon ttae Lrlstriit Justice designa8ed Pher~=ir, on f,~,4te of SetA7Ge} ~..~,..__ _.....________ [.'j by peYSOn3i 98!VICe ~ tfy {C@6titled} (KBQiSt2r6Q} marl, 5Ln~P,YS et,eipt aYtashed hereto. and open the appellee. (narnt;} _m_______ ._________~.w____._____ _.~._~_, an ....______._~._~_____ , ';8______ ^ k,y personal service C~J try {cerfif?edj iregiateretl) mail, sender's receipt attached hereto. C~ a~dfurtherfhaflservocJEheRuletaFBeaCcnpiairrtaocompar2,YingiheaboveNcAticsafAppea3upantheappell~e{s)€pwhom the Fdule was addresse€i an _. _____.___...._. ..~._. , 1;#__.._._„ ;..~ by personal sarvioa L'} by (certiflecP~} {registered? mail, ,ender's receipt atta+whed hereto. SYVt?RIU {AFFiftNiEL) A,tddJ S1J~SCRlBE~ L3e.RJRE ME 7HVS ..._.___..~.._ t~A.`s' CP _~.._.,___._,.__.._.,_ . 59._._.._.._ 57gnalmro oP c~H(cre! ba{ore tuhp?3 afAtievii 4vas m~rfv litt6 tit oflidat (v1y comsnissicn exrdres en -.r. ~._..~__....,.. I~,._,_,._. ~.. (pV~~ V Gj "'DCv PTfr ~'[ C°, ^: ~, ''-' mss; =. ;a~? Signature of affisnf C r7 'J ~q t6 r. ~w -_I ='C'J Yj. . ~ u_ _. ssPHai ~~ w nea..°iva'i~tr~,56°c?.F~stS~v+, f ~ - _, r~.a~a' „r t.~r s..~..< '~ COMMONWEALTH OF PENNSYLVANIA rni iniTV nG• CUMBERLAND v Mag. Dist No.: U9-3-02 DJ Name: Hon. HSLSN B. SHIILSNBERGSR "~dfe551 P.O. BOx 155 27 W. BIG SPRING A~7ffi~IIIS NSWVILLS, PA Telephone: (717 ~ 776-3187 17241 DONALD L. HARTMAN 549 CSNTSRVILLS RD. NEWV'ILLS, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME antl ADDRESS rWSBBSR JR, ATTY. RICHARD L. ~ 19 BROORWOOD AVE. 3IIITB 106 LCARLISLE, PA 17013 J VS. DEFENDANT: NAME antl ADDRESS rHARTMAN, DONALD LSSTSR ~ 549 CSNTSRVILLS RD. NSWVILLS, PA 17241 L J Docket No.: CV - 0000117 - O1 Date Filed: 7/26/01 (Name) y~xnnRR .TR, Ammo. RTCHARn r. ® Judgment was entered against: (Name) HARmMAN_ DONAT.T) T.SSTSR in the amountof$ 5~~5~_ag on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenUAct 5 of 1996 $ Levy is stayed for days or ^ generally stayed. (Date of Judgment) 9~~A1 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total 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 OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date f ,ES ~ !,~ 2 ~.~.~ ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 District Justice SEAL AOPC 315-99 COMMONY/EALTN Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLE'AS'N0. ~", 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 DisMict Justice on the date and in the case rrlentioned below: ~° m lFt t~ ~L l~tv 1~,a~Lt1•ervt`3t{{ri,cFZ - - - --- ~~ ~ ~•.2~y~ ~t2v~ 11Y ~cr ~eet.L.tve 41e ~ 4?e`3SI/ ~CkU2l~ L, Cv t9 C~C)t'sO 1 l°'t ~ O 1 LT 19 nofotion is required-under Pa. 5cz. 10088. This Notice of Appeol, when received by the District Justice, wiU' operate as a SUPERSEDERS to the judgment for possession in this case. ' Signatu2 of Prothonotary or Deputy 1/ appeNant was Pa. R.C.P.J.P. No. 1001(6) inaction before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMP~AII~Y AND RULE TO FILE i °(Thrs section of form to tJe used ONLY when a~peNant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action befog District Justice. !F NOT USED, detach Irnm copy of notice of apiJea/ to be served upon appe/!ee). _ . . PRAECIP[` 7o Prothonotary ' Enter rule upon a 1 1 C.. i\ C7<Q..U ~ ~ WF+ l~ ~ ~- ~ ~ t"f =9. 1 . , appellee(s), to file a complaint in this appeal Name of appeffee(sl ~ ' a i~ (Common Pleos Nc~ ~ ~ ~ ~. ~ ~ ~ / )within twenty (20) days offer. ~ 'ce of rule ors fer~en y of ' ent of non pros ir. _ ' Signature of a pant a Ns attom y RUIEt Ta ~ ~ r ~ C'(1+-~ ~,. • 6~,J 1" ~ ' ~~. ~ R• , appellee(s). Name or appellees) (1) You are notified.,ThaT a rule is hereby entered upon you to file a complaint in this appeol within twenty (20) days after the date of .,, ~ service of this ~ile,~bnR,ypu',~ Persa+al service a by certified or n:gistered'maiL ,, > ~;> iT+F a ~~~~ ~~ (2JrR ycu do not file a cor~tlpleilVtiwithin this time, a JUDGMENT OF NON PROS WILL BE ENTEREfGAINST YOU. (3j'Tfle date of service of This h7le~jf service was by mail is the date of maili `~ ,p ,~ Date: `~'~-°' c~° , ~~6' ~L Ila V ~cY ~i - j3~. .- - ,~, °hY ,~ AOPC 312-84 - - .. /~Ar :ItiT. FI' E . PRC? C>l= S~1RL~1~ ~~ P!~'~l~~ ~~ A~P~~~. N FSB1L~ 'TC) ~'Ii.~ ~~NT4aLa4iP17' (This proof of servipa fvSUST SE FfLEC WiTHtN TEN (7f}} L7,~YS ~kP7ER 9lftng Thca notice of appea?. Cttspk appJicabte boxer;) CQP~AAfbMwEfl4'PH/of P~IERinNSY~t.V&/6Hfl& (~ O~UNTY 4EF~,-- ~'~1.LCl~.l:y._S~aL~!!'~r3L~.~. ; xs Ae~Fti~dAVi~`~ i herefa}r swear or e~ffirm tYiat) served C I~i a copy oaf the Riatice o'` rsp eai Comman Fleas SVo. ~,. ^" ~[ ,upon the~'strfct Sustioe design&ted thereirn on tfaie cat service) _-~~~-----_ `~ by persanaV ervVCe CAS by certified registered} mail, sender's re,eeipt a#t ched ~ eretC,,;~and ~o/pen the appafiea, (name) ~tc~,~Q.._.__~~d~..LZr._.,.~~e-~~'7y'~''~ on ~ ,~8.52~__j_ ^ by parsanai service CYby eriified (registered} mail. senders receipt attached hereto. (~ and furtherthatlserved4hel~u(etoFiteaGcmplaintaccpmpanyingtheat~oveNo#iaeofRppaaluponfheappeltee(s)towhom tine Buie was addressed ~~n ___-_~_. , tei____~ [~ by (aersi7oai service C3 by (certified) (registered) mail, sender's receipt at#ac# ed hereto. SkVOR[3 {RFFIFt=;;ahE[tg Ahif3 SUBSG~StB~C1 HEFCRE PAE TMIS _____ DAY rJF _ , "]pnature of altfaat #°fors whom etfidsr~fi waa meUa tide of otPictal ~.py.~ My comrnissiari ~xplres on ~~ ~.._~___. K Noladal Seal ImEinr M. Thomas, Naary Publle hn 1V+p., Cumberland CAUnN ExpiresOd. t1, -~---~ Signature ptattiant ~~= _ _ _ .-~ ~~ - . t i ~ `y _ , i ~.~ ' 4 R 1$ w; _ _ :fir= -tx w-a~RFE°,~s~,°ea,'a~~9n°~^vme .,~.,.,,.,, +~ m. ..rc~..-z r, ~ ,u~,w,`a~ ,. ru_ n,... _~v -..,~.: _ ... _.- . ,. ,__ K...... i a ~:fj'~satrieted De1Nery is desired. ~ lfr} -.name and address on the reverse can return the card to you. `1 card to the back of the mailpieoe, ar ~ y ~~FOnt if space permits. 1. Ai+tlcl~~+~ddfedsed to: ' ~~twbu'~Cr^ rs ~~ ~ f~ ~,~/ A. RBCeiV0L1 aY.(pleeas rnnr ryeenyl- o:-varovr uan 11 ~ Co he ek 10~ 4-a C. Signature D. Is dalNer/ ~dresa different i(orn item 14 ©Yes If YES, enter delivery address below: ~ No 3. Service Type ~regetl Mail ^ Express Mail ^ Registered ^ Return Receipt for Memhandise ^ Insured Mell ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ~ yes 2' ,7¢U7~ 1240 0002 6132 4003 PS PO(WP1~ `1;, „ggy t Domestic Retum Receipt- t025116•oo-M~0492 ^ Complete tteme 1, 2, and 3.. Also complete a Received by item 4 if ResMdted Delivery-is desired. ^ Print your name and address on the reverse so that we can return the card to you. c. Signffiu ^ Attach this card to the back of the mailpiece, X -~ or on the front 'rf space permits. D. Isd e 7. Article Addressetl to: If VES tai RICHARD L. WEBBER, ESQUIRE 19 BROOKWOOD AVENTJE, Suite 10 CARLISLE, PA 17013 u~' / ^ Agent y~ ( ^ Atldre tress d'rffereM from Rem 1? ~ Yes delivery address below: ^ No 3. a Ice Type - Certifled Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise - • ^ Insuretl Meil ^ C.O.D. - 4. Restdcted Delivery4 (Extra Fee) ^ Yes 2. Arta le Number(Copy /rom service label) - ~1."G'~~. ~o ol1oZ ~1~~ B`3?3 P$ POrW :7D~ `~ Dtlrh9elit:'Retum Rece(pt 702595-00.MA852 MICHAEL J. HANFT, t/d/b/a LAW OFFICE OF MICHEL J. HANFT, and RICHARD L. WEBBER, JR., Plaintiffs v. DONALD L. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-5729 CIVIL TERM CIVIL ACTION -LAW 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 obj ections 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. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 ~~ ~~.,~ Richazd L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 F:\User FOldedFimi DOGS\Gevdacs2001\1563-lcompleivcwpd MICHAEL J. HANFT, tld/b/a : IN THE COURT OF COMMON PLEAS OF LAW OFFICE OF MICHEL J. HANFT, :CUMBERLAND COUNTY, PENNSYLVANIA and RICHARD L. WEBBER, JR., Plaintiffs NO. 01-5729 CIVIL TERM v. DONALD L. HARTMAN, Defendant CIVIL ACTION -LAW COMPLAINT AND NOW, come the Plaintiffs, Michael J. Hanft, t/d/b/a Law Office of Michael J. Hanft, and Richard L. Webber, Jr., and make the following Complaint: COUNT 1 -BREACH OF CONTRACT 1. The Plaintiffs aze Michael J. Hanft, bd/b/a Law Office of Michael J. Hanft, and Richard L. Webber, Jr., of 19 Brookwood Avenue, Suite 106, Carlisle, Cumberland County, PA 17013. 2. The Defendant is Donald L. Hartman, an adult individual residing at 549 Centerville Road, Newville, Cumberland County, PA 17241. 3. Defendant retained Plaintiff Richard L. Webber, Jr. to provide legal representation for him, 4. At all times relevant hereto, the said Richard L. Webber, Jr. was employed by Michael J. Hanft, t/d/b/a Law Office of Michael J. Hanft. 5. Plaintiff Richard L. Webber, Jr. has a financial interest in payments to be made by Defendant pursuant to a financial arrangement between Plaintiff Richazd L. Webber, Jr. and Plaintiff Michael J. Hanft. 6. From Apri12, 2000 to January 22, 2001, Plaintiff Richard L. Webber, Jr. provided legal representation to Defendant with respect to criminal defense, custody, equitable distribution and divorce, and miscellaneous matters. The parties verbally agreed that Defendant would be billed at the rate of $125.00 per hour for legal services provided by Plaintiff Richard L. Webber, Jr. 8. Plaintiffs provided monthly invoices to Defendant for legal services rendered by Plaintiffs. 9. To date, Defendant owes Plaintiffs $5,127.99 on his account. 10. The balance owed by Defendant to Plaintiffs includes billings for time as well as costs advanced. 11. Shortly after January 22, 2001 Defendant informed Plaintiff Richard L. Webber, Jr. that he would not pay the remaining balance of his account. 12. Plaintiff has fully performed all services requested by Defendant. 13. On July 26, 2001, Plaintiff Richard L. Webber, Jr. incurred a filing fee relating to this matter in the amount of $101.00 to the office of District Justice Helen Shulenberger in Newville, Pennsylvania. WHEREFORE, Plaintiffs respectfully requests judgment in their favor in the amount of $5,228.99, plus costs and other appropriate relief. COUNT II -FIRST ALTERNATIVE CAUSE OF ACTION -QUANTUM MERIT In the event that no oral contract existed in fact or law between Plaintiffs and Defendant, Plaintiffs allege as follows: 14. Paragraphs 1 through 13 above are incorporated herein by reference. 15. From Apri12, 2000 to January 22, 2001 Plaintiff, at the oral request of Defendant and with Defendant's knowledge and acquiescence, commenced the performance of providing certain legal services and advancing certain costs for Defendant. 16. Plaintiffs continued to provide legal services and advance certain costs with Defendant's knowledge and acquiescence, through on or about January 22, 2001. 17. The fair market value of the services provided and costs advanced for which payment has not been received is $5,127.99. 18. Defendants have refused to pay Plaintiffs the fair value of the services and costs furnished as aforesaid, although the same is due and owing. WHEREFORE, Plaintiff demands judgment against Defendants for the sum of $5,228.99, together with costs and other appropriate relief. COUNT III -SECOND ALTERNATIVE CAUSE OF ACTION - PROMISSORY ESTOPPEL hi the event it is determined that no oral contract existed in fact or law between Plaintiffs and Defendant as alleged in Count I, Plaintiffs allege as follows: 19. Paragraphs 1 through 18 above are incorporated herein by reference thereto. 20. On or about April 1, 2000, Defendant promised that he would pay to Plaintiffs the fair mazket value of the services provided and costs furnished by Plaintiffs to Defendant in connection with legal representation of Defendant. 21. In reliance on the promise of Defendants described in Paragraph 20 above, Plaintiffs undertook and continued to provide legal services and furnish costs, with Defendant's knowledge and acquiescence, through on or about January 22, 2001. 21. The fair market value of the labor performed, services provided and materials furnished was $5,127.99. 22. Defendant has refused to pay Plaintiffs the fair value of the services provided and costs furnished as aforesaid, although the same is due and owing. 23. Injustice can only be avoided by enforcing Defendant' promise as aforesaid and requiring Defendants to pay to Plaintiff the sum of $5,127.99, WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $5,228.99, together with costs and other appropriate relief. LAW OFFICE OF MICHAEL J. HANFT Richazd. L. Webber, Jr., Esquire Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 F:\USer Folder\Pirm Dou\Gendocs2001\1563-ICOmplain[.wpd VERIFICATION Richard L. Webber, Jr., hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications r '~/ ~. l c..,,/' DATE: ~ ~l as /~ ~ (~ Y_`Z {~ " T ),^~~r, '7 _ r~ a- ~/i ice, ~/ ! ~ C ~~ '_) ~' c'_ s' ~ ~~ -< C~ ..~ ~s ~~ MICHAEL J. HANFT, t/d/b/a LAW OFFICE OF MICHAEL J. HANFT, and RICHARD L. WEBBER, JR, Plaintiffs v. DONALD L. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-5729 CIVIL TERM CIVIL ACTION -LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Mary M. Price, being duly sworn according to law, deposes and says that on October 24, 2001 she mailed a true and correct copy of a Complaint, duly endorsed with a Notice to Defend, to the Defendant, by regular United States First Class Mail to Defendant's last known address, 549 Centerville Road, Newville, PA 17241, and that the facts set forth in the within Affidavit are true and correct to the best of her information and belief. ~~~,~~ M .Price Sworn to and subscribed before me this ~`~ day of October, 2001. Notarial Seal Kelly S. Baker, Notary Public SotAh Mlddleion Twp., Cumberfand CMUn!!r MY Commission Expires Feb.7, 2004 Member, Pennsylvania Association of Notaries . ~h ~ J ~ m~-' ; -~ ~ > r- - -<-:. : c, - <-- . S ~ ~' ~ '-` ~'~f fy ~ } P'V ~~ ~~ .. - AW T~i~R4i4F _'~. MICHAEL J. HANFT, t/d/b/a : IN THE COURT OF COMMON PLEAS OF LAW OFFICE OF MICHEL J. HANFT, :CUMBERLAND COUNTY, PENNSYLVANIA and RICHARD L. WEBBER, JR., Plaintiffs NO. 01-5729 CIVIL TERM v. DONALD L. HARTMAN, Defendant TO THE PROTHONOTARY: CIVIL ACTION -LAW PRAECIPE Please discontinue the matter referenced above. LAW OFFICE OF MICHAEL J. HANFT Date: % ~ I ~l ~Jl By: ~~ /< ° v../ Richard L. Webber, Jr., Esqui e Attorney I.D. No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717)249-5373 F\U[ct FOItleAFiryn has\Gendps2W1\1563-3Preecipe..wp] n C w.> _.. 4 ~; Z~~ f7'11z~ 7 '~'`Y _. .. 2!` f_. ~C -?r-' ~~ ~ _ `}(~ f i7 i ~ :.17 . -'G