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HomeMy WebLinkAbout03-3135COMI~,ONV~ALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County, Pennsylvania JUDICIAL DISTRICT Mag. District No. 09-3-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL nt~e~, 2- '~OO3 Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgme ~naered by the District Justice on the date and in the case mentioned belovz. Jim Collins P.O. Box 27 6/4/03 Carlisle Pennsylvania 17013 Ed O'Connell and Jason Davis ~ Jim Collins This Edock will be s~gned ONLY when this notation is mqulred under Pa. R.C.P.J.P. see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as o 7001(6) in action before District dustice, he MUST SUPERSEDEAS to the ]udgmem for possess/on in this case FILE A COMPLAINT within twenty (20) clays after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fo~n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAEClPE: To Prothonotary Enter rule upon Ed O fconnell and Jason Davis , appellee(s), to file a complaint in this appeal / V ' si~ og~meeant olds a,omey ~ ~ , al~,ellee(s). RULE: To Ed O'Connell and Jason Davis N~e o~ appellee{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 personal service or by certified or registered mail. (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. COURT FILE TO BE FILED WITH PROTHONOTARY 5dm rO 03 03: lop RERL ESTRTE EXCEL 717-241-4408 p-E COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU'H~E~ 09-3 -01 HAROLD E. BENDEK ,~:~r~ 81 WALINUT BOTTOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T~o¢o~:<717) 532~7676 17257-0361 JIM COLLINS P. O. BOX 27 CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT p LA,NT]FF,J UDGM~ ~C~:ASE WZLLET GLo, .A 1.oo2 VS. DEFENBANT~UDGMENTC~AE-~?~BReSs FCO[J.,INS, JIM P. O. BOX 27 CARLISLE, PA 17013 L Docket No.: CV-0000133-03 Date Filed: 5/07/03 _J THIS IS TO NOTIFY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) ~ Judgment was against: (Name) entered FOR pT,ATNTIFF ~'O~'i'~-TQ~.T,T,, RDWARD, RT AT,. ~OLLTN~, JTM in the amount of $ I, ~1 I') . ¢lf~ on: (Date of Judgment) ~--~ 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 $ (Date & Time) Amount of Judgment $ 1,540.00 Judgment Costs $ 70.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,610.00 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 BY 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 DEBTOR PAYS IN FULL: SF. TTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~_¢' ~ ~-.¢" Date ~"'~¢--~/~ ~ , District Justice 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, 2006 . AOPC31503 DATE PRINTED: 6/06/03 3:10:00 PM SEAL 0 COMMONWEALTH OIr PENNSYLVANIA COURT OF COfAMON PLEAS l~. District No. 0~-3-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~/~h. ~ ROO3 Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the ~udgment ren~red b~, the District Justice date and in the case mentioned below. on the Jim ('rtl 1~ 09-3-01 P.O. ~ox 27 Carlisle Pennsylvania 17013 6/4/03 ~ O'~11 ~ J~ ~s ~ Jim ~]]~n~ ~ block will be ~ O~W ~ ~i~ ~oi~ i, ~q~'~d u R~P~P. 1008[ S~ ~. ~.C. Rd.R No. T~s ~fi~ of A~I, w~n ~ei~d by t~ Distrkt Justice, will ~ as o 1001 (6)in acti~ before District d~tice, he MUST ~PER~DEAS ~ t~ ju~me~ f~ ~s~sd~ in ~is case FILE A COMPLAINT within twentv,( 20 ) d~ after S~atum of ~t~y or ~ty filing his NOTICE of A~EAL. PRAECIPE TO ENI~:R RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fo/m to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. ;001(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 .Ed O'Coanell an~ Jason Davis ~ of a~e#e~'s) , appellee(s), to file a complaint in this appeal (Common Pleas No. _.,~.~)~-.~l~"(ll'V/' ) withln tv,~enty (20) days afte~ service ~//le/~~.,~lg__~d~/(~_~.m~ peos'. , app~ee(s). RULE: To ~ omconnell and Jason Davis (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. ppon yqu by personal service or by certified or registered mail {2) If you do ~ot file a ca~nplaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. The date of service of r~s~U~ if service was by mail is the date of moiling. ,-1 10.37 · ,~J!nbu. ue Du aero uaqa ~,, luasaJd pue ld~aoaJ Siql a~eg :J.N¥IUOdW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edward O'Connell and Jason Davis 11 Willet Drive Maple Glen, PA 19002 Jim Collins Box 27 Carlisle, PA 17013 Docket No. 03-3135 : 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 or any other claim or relief requested by the plaintiff, 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Edward O'Connell and Jason Davis 11 Willet Drive Maple Glen, PA 19002 Jim Collins Box 27 Carlisle, PA 17013 Docket No. 03-3135 . : : COMPLAINT Plaintiffs are adult individuals with the above mailing address. Defendant is an adult individual with the above mailing address. In approximately June of 2002, the plaintiffs were college students who entered into a lease agreement with the defendant for the premises 10B S. Penn Street, Shippensburg, PA, which was owned by the defendant. The lease agreement was for the period June of 2002 until May of 2003. After the plaintiffs took possession of the premises, it became apparent that the property was in need of substantial repairs in order to make it habitable. The plaintiffs made repeated requests of the defendant to make the repairs, which the defendant refused to do. The premises were uninhabitable. The plaintiffs paid rent for a period of time during which it was uninhabitable. Plaintiffs request that their rent be returned in the amount of $1,540.00, as determined by the District Justice. WHEREFORE, plaintiffs pray that judgment be entered in their favor. The amount claimed requires submission to arbitration. Edward O'Cormell VERIFICATION Edward O'Connell says that he is the plaintiff in the above named action, and is authorized to take this venficat~on and that the facts contmned ~n the foregoing Complaint are true and correct, according to his knowledge and/or information and belief and that this verification is taken subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Edward O'Connell H. DAVID SPIRT #04264 SUITE 300 790 PENLLYN PIKE BLUE BELL, PA 19422 (215) 542-7100 ATTORNEY FOR PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edward O'Connell and : Jason Davis : : V. : : Jim Collins : Docket No. 03-3135 ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance for the plaintiffs in the above matter. H. DAVID SPIRT #04264 SUITE 300 790 PENLLYN PIKE BLUE BELL, PA 19422 (215) 542-7100 ATTORNEY FOR PLAINTIFFS 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Edward O'Connell and Jason Davis V. Jim Collins Docket No. 03-3135 ORDER TO SETTLE~ DISCONTINUE AND END To the Prothonotary: Kindly mark the above matter Settled, Discontinued and Ended, upon payment of your costs only. o' H. Dpid-Sl~irt,7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES J. COLLINS, Appellant, V. CIVIL ACTION - LAW NO. 03-3135 ED O'CONNELL and JASON DAVIS, Appellees PRAECIPE TO DISCONTINUE To The Prothonotary: Please mark the above-captioned matter Settled, Discontinued, and Ended. HANF. i & IGHT, P.C. ~'. N~lson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Appellant Date: March 19, 2004