HomeMy WebLinkAbout03-3127JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL ~, ,,~. ~0o3
Not/ce is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment Fendered by the D/strict Jusffce on the
date and in the case mentioned below.
OOOOl - 03
LT 19
This b~ck will ~ sig~ ONLY ~n this ~ is required under P~ R.C.P.J.~
1008~
This ~tke of A~al, w~n mccad by t~ Dis~ict Justice, will op~a~ as a 1001(6) in acti~ before DJs~ict d~tioe, he MUST
~PERSEDEAS ~ the judg~nf for pos~s~ in this cas~ FILE A COMPLAINT within twen~ (20) da~ alter
filing his NOTICE of APPEAL.
SignOre oi ~t~y ~
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 NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE.' To Prothonotary
Enter rule upon
(Common Pleas No
, appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE: To , appellee(s),
( 1 ) You are notified that 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 moiL
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: , 19 .
Signature of Prothonotary or Deputy
COURT FILE TO BE FILED WITH PROTHONOTARY
~ROOF ~F SF~RV~CA OF ~OTICA ~F ,~'~,:~',~ ~'JL~ Ft~L~ irC,
CO~ONWEALTH O~: PENNSYLVANIA
COUNTY OF_
AFFIDAVIT: I hereby swear or affirm that I served
i~ capy of the Notice of Appeal, C~ ,:-nor ~ ,..~
........... ~on me District Justice designc~ted therein on
(date of,¢ervice) ...... _ ......... , 19 ..... ?_~1 b; ~:m'sar:n~, ?~,,ice ~ ~y (certified) ~g stered) ma , sender's
............. m ! ~ ~'t, ~, r~:~,c~ :,:~,,ic~ ] : ~v h-e~ff~¢d~ ?c, gi~;~ered) mai[; sender':~ ~-ecei~t ~tt~ched hereto.
SWORN
THIS.
the Rule was c~ddressed or. ............. ? , !~.~l :),, i>,~rsollo! service i~ by ~certified) (registered)
GOMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
Mag. Dist. NO.:
09-1-01
DJ Name; Non.
CHARLE~ A. CLEMENT, ,IR.
Address:. 400 BI~DGE STREET
~ ~.*e.~o~: (717) 774,5989 ' ~70
DASD S ~ (P~Z~ ELEC~IC)
20~
~ICSB~G, PA [?055
NOTICE OF JUDGMENT/TRANSCRIPT
r-D ,wn 8 'l¥11 ii ELECT C):-
20VIS DRI~
~ICSB~G, PA 17055
VS.
DEFENDANT/JUDGMENT C~?~DnESs
MMDa, ~E, ET ~. ~
2002 DIC~SON A~
~P HILL, PA I70~1
Docket No.: CV- 0000158- 03
Date F ed: 4/21/03
TH~ IS TO NOTIFY YOU THAT:
~ ;Jedgmerit., ~ :~:-: -':: .....
[] Judgment was entered for: (Name)
]Judgment was entered against: (Name)
FOR i3~FI~qT~ANT
in the amount of $
0il on:
Date of Judgment)
Defendants are jointly and severally liable,
Damages Will be assessed on:
This ~aSe dismisSed without prejudice.
~---~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
(Date & Time)
Amount of Judgment $
Judgment Costs $
IntereSt on Jbdgment $
Attorney Fees $
Total $
,00
.00
; 00
.00
.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
A~/Y PARTY HAS THE RIqHT TO APPEAl. WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEA~ WiTH THE PROTHONO~'ARY/~LERK OF THE (~ouRT:~OF COMMON' PLEAS,~IVIL DIVISION. '~OU
-- 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 SY 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 D!STRICT JUSTICE IF THE JUDGMENT DEBTOR pAYS IN FULL, SE'I'TLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
JUN";~ ." 200~ Date · . j'~ · .,: D~stnct Just!ce~ .
uea btc py0fthe e rd ' t~j"
~:: I certify that this s a tr nd cOrre o r co of the proceedings con ~n~ eJu merit. :
Date ; .,*-^'. ;. D~stnc't JustL~e
My commission expires first Monday of January, 2008 .
AO~C3~5-O~ DATE PRINTED: 6/05/03 9:46:16 AM
:COMMONWEALTH OF PENNSYLVANIA
,. COUNTY OF: ~UMBERLAND
09-1-0!
CHARLES A. CLEMENT, ,IR..
'~;~: 400 BRIDGE STREET
OLDE TOWNE COMMONS 'SUITE 3
NEW t;ut~BERLAND, PA
~.~.p~on.: (717) 774-5989 17070
DAVID S STRAKA
20VIS DRIVE
MECHANICSBURG,
(PHAZZER ELECTRIC)
PA 17055
NOTICE OF JUDGMENT/TRANSCRIPT
20VIS DRIVE
MECHANICSBURG, PA 170~5
DEFENDANT/JUDGMENT C~9~ORESs
2002 DI~BON A~
~P HILL, PA 17011
Docket No.: CV- 0000158- 03
Date F ed: 4/21/03
THIS IS TO NOTIFY YOU THAT:
Judgment:
[~] Judgment was entered for: (Name)
[~'] Judgment was entered against: ['Name)
FOR
MOm,;
in the amount of $ . O0 on:
[--I Defendants are jointly and severa)ly liable.
] Damages wil{ be assessed on:
--}This case dismissed without prejudice.
r--]Amount of Judgment Subject to
AttachmentJAct 5 of 1996 $
(Date of Judgment)
(Date & Time)
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
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 eY 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 DEETOR PAYS IN FULL, SEI-i'LES~
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
certify that this is a true and corredt copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first M~nday of January, 2008 .
AOPC315-03 DATE PRINTED: 6/05/03 9:36:20 AM
SEAE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE F/LED W/THIN FIVE (5) DA YS AFTER filing t,~e notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA ~ C,:, - ~'t
AFFIDAVIT: I hereby swear or crfflrm that I sewed ~ ~ ?~ ~.
copy of tho Notice of Appeal Common Pleas No ~'~-"'~ - ~-~ /c~. '7 ~1 ~'t L.~u,.,on ~Distr ~ust CeJ~ ,-*natod there n on
(date of service) _~_ ~-,~ .~'~1 , I~"3~0,'-~ [] by personal serviceLm ,.,y ~rtified) (re~.~tered) mail, sender's
rece pt attached hereto, and upon the appellee, (narrle),~/l~lCT-/'~-~4~t.[i..- /'s'~'~3~s-E'T-~- ]~/~/,~'.-~ on
_...~__H~c-y' "77~_ , .1,gZz~ [] b~ personal service [~'~"y (certified) (registered) 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
mail, sender's receipt attached hereto,
SWORN (~ED)AND SUBSCRIBED BEFORE. ME
THIS I[ DAY Of (,,.~(,.~ C..{ , "t9 "'~ 0,0_~
· ~m~um ~.~ ,dit~ hk~ P U B L I 6
,19
, [] by personal service [] by (certified) (registered)
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUmaAL D~STRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. O ~ -- ~)~'--~
Notice is given that.the appellant has fged in the above Court of Common Pleas an appeal from the judgment ~'~demd by the District Justice c~ the
date and in the case mentioned belov~
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
~h.~ .~t/on of ~ ~o ~ us~ ONLY w/~'~ ~;pel/~ ~ D~££NDANT (~ Pa. ~.C.P.J.P. No. ~00~(7) J. ~tJo~ befo;e DJs:~fict J~Jce.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon , oppdlee(s), to file a complaint in this appeal
(Common Pleos ~ ) wifllin twenty (20) ~s ~ service of rule o~ suffer entry of judgment of non pros.
RULE: To , ame"ee(s~
(1) You am notified that 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 ~ seevice or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTER~D.AGAIF4~TYOU.
(3) The date of service of this rule if service wce by mail is the date of mailing.
Signa~e of R'o~'~'y or Deputy
COURT FILE
ORIGINAL
DAVID S. STRAKA t/a
PHAZZER ELECTRIC,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION - LAW
JEANETTE MOUL and
GEORGE S. DAVIS,
Defendants
NOTICE TO DEFEND AND CLAIM RIGHTS
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717/249-3166
1-800-990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de
estas demandas expuestas en las paquinas siguientes, demanda y la notificacion. Usted
debe presentar una apariencia escrita o en persona o por abogado y amhivar en la corte
enforma escrita sus defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717/249-3166
1-800-990-9108
TUCKER ARENSBERG, P.C.
Lee C.-~wartz ~
Attorney I. D. #07258 "J
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
DAVID S. STRAKA Va
PHAZZER ELECTRIC,
Plaintiff
JEANETTE MOUL and
GEORGE S. DAVIS,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff David S. Straka is an adult individual operating the business of an
electrical contractor and trading as Phazzer Electric, and resides at 20vis Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant Jeanette Moul is an adult individual residing at 2002 Dickinson
Avenue, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Defendant George S. Davis is an adult individual residing at 403 South
Street, New Cumberland, Cumberland County, Pennsylvania 17070.
4. During the month of November 2002, Plaintiff entered into an agreement
with Defendants or, in the alternative, entered into an agreement with Jeanette Moul for
the benefit of both Jeanette Moul and George S. Davis, to provide electrical contracting
and construction services on a property which Plaintiff believes to be owned by both
Defendants or, in the alternative, both Defendants have at least an equitable interest
therein, which property is located at 325 Hummel Avenue, Lemoyne, Cumberland
County, Pennsylvania.
5. During the course of providing services as aforesaid, Plaintiff delivered
invoices to Defendant Moul, setting forth the services which had been rendered by the
Plaintiff on both Defendants' behalf, the reasonable value being charged for the services
and any outstanding balance due on services rendered prior to that time.
6. During the course of Plaintiff's rendering of services, Defendants made
payments on outstanding balances until sometime during the month of March 2003.
7. During the month of Mamh 2003, the Plaintiff rendered services for which
an outstanding balance of $1,800.00 remains unpaid.
8. The services rendered by Plaintiff include, in addition to services rendered
by the Plaintiff, payments to Plaintiff's helper whom Plaintiff has paid for the helper's
work.
9.
Although Plaintiff has demanded payment of the balance due of
$1,800.00, Defendants have failed to pay all or any part of the balance due Plaintiff.
10. Plaintiff performed his obligations under the agreement between himself
and the Defendants by providing valuable electrical and construction services to
Defendants and incurring the cost of labor, the fair and reasonable value remaining
unpaid which is $1,800.00.
11. Plaintiff has performed his services for Defendants fully and satisfactorily,
and conformed to and complied with all the terms and conditions rendered of him under
the oral agreement between himself and Defendants.
12. Despite Defendants' obligation to pay Plaintiff for the services performed
and costs incurred in his and her behalf and despite the Plaintiff's demands on
Defendants for such payment, Defendants have wrongfully failed and refused to pay to
Plaintiff the sums due him.
2
WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of
Eighteen Hundred ($1,800.00) Dollars, together with costs and any other relief this
Court deems appropriate.
TUCKER ARENSBERG, P.C.
L~e C. Swartz (.,.)
Pa. Bar P.D. #07258
111 N. Front St., P.O. Box 889
Harrisburg, PA 17108-0889
Telephone: 717/234-4121
Facsimile: 717/232-6802
ATTORNEYS FOR PLAINTIFF
3
VERIFICATION
I, DAVID S. STRAKA, hereby certify that I am the Plaintiff in this action, and that the
facts contained in the foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that any false statements made to this
verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn
falsification to authorities.
Dated: ~'~/..,~ /O~')"~ ,2003