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HomeMy WebLinkAbout03-2730COMMONVIEALTH OE PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the app4dlant has filed in the above Court of Common Pleas an appeal from the judgment rendered by fha District Justice off the date afld in the case mefltianed belov¢. T~s b~ck will ~ ~ ONLY ~n ~is ~ is ~ui~ u~ P~ R.C~J~. This ~t~e of A~al, ~ mc~ ~ t~ ~strict Justice, wiff ~PERSEDEAS ~ ~ ~ f~ ~ in this case ~ o~ ~ ~ ~ty fi#~g ~ ~TI~ Ol A~AL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fonw to be used ONLY when appellant 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 sen/od upon oppellee). PRAECIPE, To Prothonotary Enter rule upon WOd P Y ¢,!/,D OW ~' 0/ , appe#ee(s), to file a complaint i. this appeal (com,~ ~,~,, N~ O3-- 17~30 e. ;,,:1 / RULE, To V1/0Opy, J///~t/V/ /4,/~,0//~ ) within twenty (20) days after seevice of r~m/hy of judgment of non pros. ' al3P~lee(s). / -q/gna~tte of ,~ o- h~ a~ o,- a~ (1) You am notified that a rule is hereby efltemd upon you to file a comp~int in this appeal within twenty (20) days after the date of service of this rule upon you by personal service ~ by cmtified m registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxesl COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice ol Appeal, Common Pleas No upon the District Justice designated therein on [] (date of serv ce) - [] by-~o-ersona[ service [] by (certilied) (registered) mail, sender's rece pt attached he eto and upon the appellee (rramet on , [] by personal se~:vice [] by (certlfled) (registered) mail, sender's receipt attached hereto, [] a-~d--furiher t----~a-t-i ~rved th--- ~'Ruie to File a Complaint accompanying the above 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 THIS DAY OF ..... Mycomlrlissio expres orl . ... ~COMMONWEALTH OF PENNSYLVANIA COUNTv OF: CUMBERLAND 09-1-02 ROBERT V. I~ANLOVB A~,e~s 1901 STATE STREET ~MP HILL, PA Te e;3hone 717 761-0583 17011- O000 JOON LEE 11 E BEALE AVE ENOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: Judgment: [~ Judgmen[ was en[ered for: ~ Judgmem was enterea ~ga~nst: (Name. in ~ne amount of $ 1; F;44. ~;n on: ~' Defendams are jointly and severally ladle. ~ Damages wil be assessed on: ] This case amm~ssed wltnou~ orejudice'~ Amount of Judgment Subject to ~ AttachmenVAct 5 of 1996 $ NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIF: JUOGME~/~ro~AS E FWOODY, S/DON NAM~ and ADDRESS WOOD N FRONT ST WEST FAIRVIEW, PA ~7025 VS. DEFENDANT/JUDGMENT C~F_~I~gAF~omESS ~E]~, ~OO~ 11 E BEALE AVE ENOLA, PA 17025 Docket No.: CV- 0000161-03 Date Filed: 4/03/03 FOR PLAT~TIFF (Name~ w~¥'-q/~N w~,~r~: -Date of Judgmeml Date & Timel "i/1 ~./0 ~1 Amount of Judgment $ 1,475.00 Judgment Costs $. 69.50 Interest on JuDgment $. .00 Attorney Fees $ o O0 Total $ i 5&~.50 Post Judgment Creol[s 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 B~J~EiUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED I,N. ~[HE ¢0URT OF COMMON PLEAS, ANYONE INTERESTED I A REQUEST FOR ENTRY OF SATISFACT~N~WITH THE D STR CT JUSTICE IF T~= ..~ ........... ~HE JUDGMENT MAY FIL~ . .~ u~,V, Cl~/ U~/UH PAYS IN FULL, SE~LES OR OTHERWISE COMPLIES WITH THE JUDGMENT. - J l ~fy tp:this isa tr~//~~nt A:pcZ3~t;tsion expires first Monday of January, 2006. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE F/LED W/THIN TEN (10) DAYS AFTER f/ling the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA., co..TYOF AFFIDAVIT: I hereby swear or affirm that I served [] ,a,c,opy?fthe No, rice of/Aj~?l/C.o, mmon Pleas No.. 'd¢~ -.~_-~__~_~ ....... upon~the District Justice designated therein on (care o, rserv,/ce):___¢.¢!~A/__a ~ ....... [] b'y person, al s~.~e ~/b.y ~certifi~d) (registered) mail, sender's recfii,ptatt~cnednereto, andi~pontheappellee (name) /~'0o~ Y'/¢' / .//~/~/ ~/¢¢1/>' ,.. ,-., _¢ ~L/./~.?~'/ o ~_ , _ [] by personal service~l~ ('~d)' (registered) mail""-*~=--' =-~:-,'~nder's-~r'ecei-pt attac~'~d h--~r~t"o, L.J and fur~¢r that I served the Rule to File a Complaint accom~a'nying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on E: by personal service [] by (certified) (registered) mail, sender's receipt attach~'8'~etO. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS _ /"~ DAY OF 7_u~/~ ~2.~__~ My commission exp res or~ 1 5~ ? / Si~natur~ of affiant ? cOMMONWSALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~]~t II, ;~0~ Notice is given that the al~ has filed in the above Court of CommOn Pleas an appeal from the judgment rendered by the District Justice an the This block will be signed ONLY when this notation is mquimcl under Po. R.CJ)JJ). f~? ! w/f appe//ant was CLAIMANT (see Pa. R,O.P.J.P. No. 1008B. ' This Notice of Appeal, when received by the District Justice, will °Pemte'wE a '/~:)1 ( 6 ) J~ action before D/$~ct Ju$/'/ce, he A+W. JST SUPERSEDEAS to the judgment for possessk)fl in t~is Cas~ £ILE A COMPLAINT within twerff¥ (20) clays after ~'% ~. filing III$ NOTICE of AJc¥)EAL. PRAECIPE~ To l~othanotory , X ,, ~ ^ '"J.. · / ~ - ~-~..~*,. Enter rule upon ent of hen pros., -'~ · (Comman Pleas No. (~--~J'~O("..v" ) within twenty (20) days after service of ~,~/~r~udgm / / s/gna~ure ~ c( agen( Name o/a~oe#ee(s) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeol within twenty service of ~ rule upon ~ by pe~sanal service or by ce'tiffed or reglstemd maa. (2) ff you db not'file a~pk~int within this time, a JUDGMENT OF NON PROS WILL BE ENTERED (3) The date of servme of~,)'ule AOPC 312-90 COURT FILE 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 BsY AN ATTORNEY AND FILING IN #RITING WITH THE COURT YOUR DEFENSED OR OBJECTIONS TO THE CLAIMS SET FONTH AGAINST YOU. yOU ARE WARNE THAT IF yOU PAlL TO DO SO ~"HE CASH MAY PROCEED WI~HOUT~ YOU AN~ . A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT W~THOU~ FUR_T,H,E NOTICE FOR ANY NONEY CLAINED IN THE CO{~PLAINT OR ~OR ANY~ OTHER CLAIN OR RELIEF REQUESTED BY THE PLAINTIFF. YOU ~; Y LOS... MONEY OR PROPERTY OR OTHER RIGHTS I~4PORTANT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT {~[ERE YOU CAN GET LEGAL HELP. CARLISLE PA 17013 717 249 3166 Complaint June 27, 2003 Common Pleas No: 03-2730 civil Plaintiff: Donald Wood/Woody's N. Front St. West Falrview, PA 17025 Defendant: Joon H. Lee 11 E. Beale Ave. Enola, PA 17025 Mr. Joon Lee abandoned a Chrysler New Yorker V1N 1C3BT56EXHC268214 on private property owned by Long Meadows Apartments in Camp Hill, PA. I, Don Wood, owner of Woody's was ordered by Long Meadows' Management to remove the abandoned vehicle. I notified Mr. Lee as soon as I was able to obtain the owner information for the vehicle. Mr. Lee did not want to cooperate with me, and made no attempt to settle the bill that was accumulating daily due to storage fees. I filed a civil complaint with District Justice Manlove in Camp Hill. The docket number was CV- 0000161-03. The ruling was in my favor for the amount of $1544.50. Another 85 days has past since I filed the complaint. The amount due on the vehicle increases by $10 per day. The longer that this civil dispute goes on, the larger the amount of money will be to settle the bill. Mr. Lee has now made an appeal in the Cumberland County Court of Common Pleas. This notice is a civil complaint and intent to defend this appeal. Another 85 days has past since I filed the complaint. I can be reached at (717) 732-4083 or (717) 648-8765 if there are any questions in this matter. I, Don Wood, owner of Woody's, hold every statement enclosed in this complaint to be ts~i ~/~~J Date ~ ~._~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD WOOD/WOODY'S : 03-2730 Pla~ltiff : JURY TRIAL DEMANDED vs. SOON H. LEE Defendant OBJECTIONS TO THE COMPLAINT AND COUNTERCLAIM OBJECTIONS TO THE COMPLAINT 1. Originally Plaintiff illegally towed Defendant's car parked at the Visitor spot. 2. Plaintiff failed to give the notice to Defendant fbr the towed vehicle within a reasonable period. 3. From the beginning Defendant clearly expressed the intention to give up the towed vehicle as soon as Plaintiff provided the document! 4. Plaintiff never fully cooperated to the demand of DefEndant, and that never provided any document! 5. Plaintiff himself has tried to drag this case so long, because Plaintiff believed he ;could collect $10.00 of the storage fee for every new added day! 6. For this purpose, Plaintiff even lied about the delayed notice; because Plaintiff clearly had the information of Defendant (at least the 'address) when Plaintiff towed the vehicle! COUNTERCLAIM 1. DefelKlant has lost the second car! 2. Defendant had suffered physical, psychological, and financial sufferings because of the illegal towing and the irrespousible lumdling of Plaintiff. 3. Defendant hitd difficulty to prove the case to Hunmn Relatiouships Commissioner, because Plaintiff never provided any credible and usefi, tl document (even copies) to Defendant; even Defendant kept promising to hand over the rifle of the vehicle for the documents. 4. Even Plaintiff delayed file answer for aknost 2 months to the first letter of Defendant! WHEREFORE, Defendant requests the judgment against Plaintiff for the compensation of those lost Respectfully submitted /~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ~.730 C~V[t 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: respectfully represents that: , ~for the plaintiff/defendant in the above action (or actions), 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $_/ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqua/ified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully ORDER OF COURT -- · · ~ ' ' · ~, ' n~erafion of. the actions) a~ ~ ~, Esq., ~ appointed =bitr~ ~N~A~dNNg~ OATH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of o~: of~e with fidelity. We, the undersized ~bi~ators, having been duly appointed ~d sworn (or affixed), the following awed: ~ote: If damages for delay are a~arded, t~ey shall be separately stated.) · Arbitrator, dissents. Date of Hearing: I 2.~/~/To', Z Date ofAward: ' NOTICE OF ENTRY OF AWARD was entered upon the docket and notice thereof given b,y/!~l to tile pg~?or their attorneys. Artibitrators'compensationto be ~ /Zg/t~ .,~'.x~fl'/4:~ ,, Paid upon appeal: )¥t~ono~ary ' ~ /.~, $290.00 By: '-t~,'~,,ca / IN TIlE coURT OF cOMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVANIA CIVIL ACTION - LAW Donald Wood/Woody's V. NO. 2003-2730 cI~L_-TERM JoonH. Lee NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS To the Prothonotary: Notice is given that defendant Joon H. Lee appeals from the award of arbitrators entered in this case on D~ecem_ber %~2003_. A jury trial is demanded ~- Jury trial waived I hereby certify that: - ~)(x_ (1) the compensation of the arbitrators has been paid or ~_ (2) application has been made for permission to proceed in forma paup.~eris./? Case to be Tried by: Names and Addresses of Unrepresented Parties: Companion Case(s): N__one To be filed in duplicate with the Prothonotary. : cUMBERLAND COUNTY, PENNSYLVANIA OATH We do solemnly swear (or affm'n) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and ttmt we will discharge the duties of the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitr~/tor, dissents. (insert name if D.te of Hearing; 12/~/'~6 O.Z Date of Award: l 7~/~ /'L66: - NOTICE OF ENTRY OF AWARI) xow, the /:¢ day or l~e~C- J 20~_, at_£:d/_, ~.U., th~ ~o~ aw~a ~ibi~ators'compensafion to be fl( ~' ~ / Paid upon appeal: ~moao~ ~~ . ~p / / ' . . ~