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Home My WebLink About99-05248.4 Q u 3 r a 'y ?A y. Jrx: I TH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT 9TH NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I 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 date and in the case mentioned below. LOUIS A. ALVIANI ROBERT MANLOVE 09-I 02 .?..... 316 REGENT ROAD, HARRISBURG, PA 17112 T... -0j 08/23/99 1 DR. TA 19 CV-0000230-99 LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Srgndture of Prafhonotary ar Deputy r if appell n was Claimant (see Pa. R.C.P.J.P, No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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 DR. JOSEPH WINBERRY Name of appelleelsl . appellee(s), to file a complaint in this appeal (Common Pleas No. 99- 9- 6" 1 within twenty (20) days of er ser ?ce of rule or ffer entry of judgment of non pros. Paul Taneff, 0 .S?narwe / pellant or his attorney or agent RULE: To DR. JOSEPH WINBERRY appellee(s) Sup. Ct. No. 6.3777 Name of appelleelsl 4219 Derry St., Harrisburg, PA 17111 (717( 564-5833 (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 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. Date: _ AUGUST e27 '19 99 Si ature of Prothonota or e AOPC 312.84 COURT FILE TO BE FILED WITH PROTHONOTARY T? C'; LL O m .. , ilAVClIdAV -do urino0 yiN V,1l AF^,V]d 1D ,;LlV:7MNON'NO:1 1PilVl 14',OJ 1l!.1 l,l 17 1?f IPi _..r i"d?' Ali ?N 10 T) C1 COMMONWEAL COUNTY OF- C r 04 N4.11* Non. Atl0" " 1901 CAMP OF PENNSYLVANIA 09.1-02 V. MANLOVE ATE STREET LL, pA NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF. CIVIL CASE i"WINBERRY, DR. JOSEPH s,ss 3028 MARKET STREET SUITE 3 LCAMP HILL, PA 17011 DEFENDANT' VS. J Nmi on F00MESS rALVIANI, LOUIS A 316 REGENT ROAD HARRISBURG, PA 17112 L J Dock tNo.: CV-0000230-99 Date Filed: 7/06/99 T*4w.. (717)1761-0583 17011-0000 LOUIS A. VIANI 316 REGENT ROAD HARRISBiTR0 PA 17112 f` s• T141S IS TO NO' . Judgment' O Judgment ® Judgmenti in the amui Defendants Damages H This case d r-' Amount of J LJ Attachmen El Levy is stay Objection t rD te e: Y YOU THAT: Ientered for: (Name) -xI y _nit T?gryPH __ entered against- (Name) of $ 414 on on: (Date of Judgment) jointly and severally liable. (Date & Time) be assessed on, without prejudice. merit Subject to 5 of 1996 $i for days or L] geneially stayed levy has been filed and hearing will be held: Place: AmountofJudgment $_x,92=01 Judgment Costs $-9? Interest on Judgment $ .0( Attorney Fees $ -zQS Total $ 43 Post Judgment Credits $ _ Post Judgment Costs $ Cerlilied Judgment Total $ ^? ANY PARTY HAS T E RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH T E PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A C PY OF THIS T JUDG NT/TRAN RI FORM WITH YOU F?,NQTICE, OF APPEAL. ate ,District Justioe j77 rtlly that this i a true and c r ct py9{q a roceedings col) riirtg tha1)udgment ate 1 ?- My commission a plies first Monday of Januaiy. 2000 SEAL- '.. i C c ac U u 0 P 511 088 732 °o c C C a c i c P 511 088 731 i I f T? l US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Dn nnl usw fnr Inlnmarinnol Mau /cnu .....,....? Sal to Luc/Ld.6?111G Y OVE I 6 um ar o ?Sre P I)'ca. State 6ZIPC 0 Postage Is Certified Fee ' Special Delivery Fee Rests. Dauverv Fee - Re turn Receipt Sho tp ' Whom 8 Date De6vemd 1. } RMan Receipt Shcwng b " • Date, B Adaesselfs Ada TOTAL Postage B Fees ' ??,r•-' Paalmalk or Date US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. n. -i ,. o.. Inf-ahnnal Mail Lowe rAVPrcP) Jo• x° ?. r-.3 rf• ?I ce, late 8$IP Code K G/cJ - Postage J Cemaed Fen Specal Delivery Fee Resincled Delivery Fee Relum Receipt Shom o " Wham A Dal. I, = Rehm Recemt SM Dale. d Adaess.. TOTALPosI"' Fees Postmark or Dal ry J? ./ i l ? I l 1 1 , FROijf c'F Sfr;Vlr'E OF No)fl/:i_ Ur ",PPLF,-.. '.•JP RuLP 1(1 1ILI C(CP,1PLAINT COMMONLYGALTH OI PLI ,t,KVLVANIA COUNTY Or-----DAup.hin AFFIDAVIT: 1 h.?:nv ; ,, • 11 ',,; . x „ . , (:. 99-5248_. August 27 99 Dr. Joseph Winberry August 27 99 X X Jn, f... I I' n. P . .. (...,'. . J _, .... .:. ?:., N •r Alin.,: unl IhU ,,, August 27 99 x h, nrls 27th ugust r' 99 l .. , Paul Taneff Gsq. U V S"' ° " ". "'°"" L U r - rc ti NOlarlal Ssal Undo M. Nohry PwbNc t:o f""? N C_)ffl 8Ci0fMnlCaSm E?4Sa WWC 2l MW _? IV A r0 -? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT 9TH NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 an the date and in the case mentioned below. LOUIS A. ALVIANI ROBERT MANLOVE. 09-1-02 316 REGENT ROAD, HARRISBURG, PA 17112 DR. TA 79 CV-0000230-99 LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature or Prothonotary or Deputy If appellinY was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (201 (lays after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fonts to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 10010 in action before District Justice. ?F NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary r Enter rule upon -- DR. JOSEPH WINBERRY , appellee(s), to file a complaint in this appeal Name of appelleelsl (Common Pleas No. g 9- -?o Lilt (-1 I within twenty (20) clays a Oerser cc of rule or? ffer entry of judgment of non pros. I n' -Ad 44 Paul Taneff, Signature f peI1ant or his attorney or agent RULE: To DR. JOSEPH WINBERRY appelleels) Sup. Ct. No. 615M7 Name ofappellee(s) 4219 Derry St., Harrisburg, PA 17111 (717( 564-5833 (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 mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. 131 The date of service of this rule if service was by mail is the date of mailing. Date: AUGUST 99 q , '' ?7 , 19 Sr ature of Profhonofary or e AOPC 312.84 COURT FILE JOSEPH P. WINBERRY D.O. Plaintiff V. LOUIS A. ALVIANI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5248 CIVIL CIVIL DIVISION - LAW YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 THI PA PER TO Y OUR L AWYER AT ONCE, IF YO DO NOT HAVE A LAWYER OR CANNOT AFFORD ON E. TO O R TEL EPHONE THE OFME CET FORTH BELOW To FIND OUT WHERE YO AN T L EGAL HEL P. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 JOSEPH 1'. WINBERRY O.O. Plahttilf IN TFIF, COURT OF COMMON PLEAS CUMBERI.AND COUNTY. PENNSYLVANIA NO. 99.5248 CIVIL LOIIIS A. ALVIANI Defendant CIVIL DIVISION - LAW COMPLAINT file Plaintiff JOSEPH P WINBERRY. D.O., by his attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Asvuntpsit against the Defendant to recover the sum of FOUR HUNDRED THIRTY-FIVE ($435.00) DOLLARS, along with interest thereon front March 16, 1998, upon it cause of action of which the following is it statement: fhc Plaintiff; JOSEPH P. WINBF.RRY, is an adult individual, a doctor of optometry, trading as Camp Hill Eye Care, with an office and place of bnsinexs located m 3028 Market Street, Suitc 3, Camp Hill, Cumberland County, Pennsylvania 17011. 'fhc Defendant, LOUIS A. ALVIANI, is an adult individual residing at 316 Regent Road, Harrisburg, Dauphin County, Pennsylvania 17112, In January, 1998, Defendant was in an automobile accident, after which he contacted Plaintiff for replacement eyeglasses. Plaintiff did examine Defendant's eves and glasses were ordered, fora total charge of SIX HUNDRED SEVENTY-SEVEN DOLLARS.'. ($677.111), as set forth on Plaintiff's Patient Information Sheet attached hereto, marked as Exhibit "A" and made a part hereof. Payments were made by both Defendant and Defendant's insurance carrier on account of the aforementioned certain sums of money as more particularly set forth on Exhibit "A" attached hereto and made a part hereof, in the total amount IItJNDRI I) EI01I I'Y-FIVF ($285,1111) DOLLARS. Ilse balance due and owing by Defendant to Plaintiff' is the suit of THREE HUNDRED NINETY-TWO ($192,00).;1% appears by the Patient Inl'nmmtimt sheet hereto attached, made a part hereof and marked as Exhibit "A". P 4151 INIONNI I 7O\AN'l Al C WORK\25386CObt.w'I'D.09Dcc99 6. Due to Defendant's default in payment of the sum as set forth above, Plaintiff was forced to seek remedy in the lower Court, thereby incurring costs in the amount of FORTY-THREE DOLLARS ($43.00), for which Defendant is liable. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOUR HUNDRED THIRTY-FIVE DOLLARS ($435.00), together with interest thereon from March 16, 1998. Respectfully submitted, KNUPP, K9DAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box # 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\APPEALS\ WORK\25386COM.WPD:09Dec99 VERIFICATION ROBERT D. KODAK, ESQUIRE, verities that he is the attorney for the Plaintiff herein and: that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading; that, as attorney for the Plaintiff, he has sufficient knowledge based upon intinlnation received from others concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. R ert D. Kodak Dated:_ December 9 1999 F:1USC•R\DONNICIO\AI'PEALS\ WORK\25386COM. W PD:09Dcc99 1, ROBERT D. KODAK, ESQUIRE, hereby certify that on December 9, 1999, 1 served a true and correct copy of the COMPLAINT in the above-captioned matter upon the below listed individual(s) by causing same to transmitted via facsimile to: PAUL TANEFF, ESQUIRE @ 564-8683 KNUPP, KQWAj?7& IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: December 9. 1999 F:\USER\BONNIEIO\APPEALS\WORK\25386COM. W PD:09Dcc99 ??- _. l y' 1 1 t l l ? ''? t J ?`? Y J ~ O ? O 0 0 1 ? w U ? o W w e ???.??<W d ? 3 _ ? / Z W ? F O ! m C i yy d? z :_ 0 O Q v: N c y`. ' : ? p E o k i a o f i ?- 0 ?= m C ° Z ? ? F C m ? ? .°s ?? ? ? a e? w¢ v < a f C 6 n ? ? Y- > 6 6 O ^J { m • J Z 4' ^ ?I ? < Z x JOSEPH P. WINBERRY, OD Plaintiff V. LOUIS A. ALVIANI Defendant TO THE PROTHONOTARY: In the Court of COMMON PLEAS of CUMBERLAND County NO. 99-5248 CIVIL PRAECIPE Please mark the above-captioned matter as settled and discontinued with prejudice. TO Cumberland County Prothonotary Dated: January 28, 000 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 _ ?-, - <?: - . :,` _ ? i .. ;% "J J ?. l_ J ?_ ,