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