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HomeMy WebLinkAbout03-3570COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~e is g~ t~ ~ a~t ~s find in t~ a~ Co~t of C~ P~s ~ ~1 ~ t~ ~ re~d ~ t~ ~stri~ Just~e ~ ~ ~ a~in ~ c~ ~ ~ LT - ' This b~ck will ~ ~ ONLY ~n ~is ~fi~ is requi~ u~ P~ ~l~t ~ CLAIMANT (S~ ~. R.C. AJ.A NO. 1~8& This ~tice of A~al, ~ ~&~d by t~ ~strict Justice, will ~ as a 1~1 (6)in ~ti~ ~f~e D~ct J~tice, ~ ~ST ~PER~DEAS ~ ~ j~ ~ ~sd~ in this case FILE. A COMPLAINT within t~ (20) da~ after filing h~ ~TICE of A~AL. 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, be~ach from copy of notice of appeal to be served upc~ appellee). PRAECIPE: To Prothonotary (Common Pleas Nc~ ~).'~ -- ..~"7~ Ne~rm of a~oe#ee(s) ) within twenty (20) . appellee{s), to file a complaint in ff~s appeal (1) You am notified that a rule is hereby enteeed upon you to file a complaint in this appeal within twenty (20) days aftra the date of service of this rule upno you by personal service or by certified or registered mail (2) If you do not file a comp~int w/thin 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 m~ilin~ AOPC 312-90 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 I10) DAYS AFTER fih'ng the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the Notice of Appeal Common Pleas No upon the District Justice designated therein on (date o~ serWCe) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (namd on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further fhat 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 [] by personal serv ce E] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ..... DAY' OF 5~gnature 0! afhar~t T~ ~e o o#cN COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 PAULA P. CORREAL Addless: I COU-~THOUSE SQUARE CARLISLE, PA Telephone: (717) 240--6564 17013-0000 ATTORNEY DEF PRIVATE DIANE RADCLIFF, ESQ. 3448 TRINDLE ROAD CAMP HILL, PA 17011 TIllS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ]Judgment was entered against: (Name) CAUSTIN,ROBERTNAMER andADDRESS PO BOX 351 CARLISLE, PA 17103 VS. DEFENDANT/JUDGMENT C~{A~ laTn~)~:~ D R E S S ~CURL, SHARON 1000 A OTTO DRIVE MECHANICSBURG, PA 17055 L NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV-0000137-03 Date F ed: 4/22/03 FOR PT.AINTIFF J CTTRT., ~gARON in the amount of $ 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 ¢,ttachment/Act 5 of 1996 $ (Date & Time) Amount of Judgment $ 5,'000. O0 Judgment Costs $ 71.00 Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $ 5,071.00 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 DlWSlON. 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 SY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEASi ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLESi OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that this isa tr~' and cor/t co~~,,,~ AOPC 315-03 DATE PRINTED: 7/03/03 8:39:39 AM COMMONWEALTH OF, PENNSYLVANIA COUNTY OF: CUMBI~RLA_ND Mag. Dist. No 09 -2-01 DJ Name: PAOLA P. COP~EAL Address: 1 CO[TRTHOUSE SQUARE CAKLISLE, PA Tel,o~one: ~717. 240--6564 17013--0000 ATTORNEY FOR PLAINTIFF' NOTICE OF JU DGMENT/TRANSCRIPT p,^,NT,FF/JUDGMEgyEI 'o :AsE NAME and ADDRESS 1000-A ~ DRTVB MECHANICBB~IRG, PA 17055 VS. DEFENDANT/JUDGMENT C~[aTn~)[~ORSSs ~UBTIN, ROBERT R P.O. BOX 351 CAELIBLB, PA 17013 DIANE RADCLIFF, EBQ. 3448 TRINDLE ROAD CAMP HILL, PA 17011 Docket No,: CV-0000137-03 Date Filed: 5/22/03 CROSS COMPLAINT 001 Judgment: Judgment was entered for: [Name) at-mT., ['~ Judgment was entered against: (Name) in the amount of $ ~, 0'71 .,~10 on: l Defendants are jointly and leve~ally libel? .... -7'] Damages will be assessed on: This case o~smlssed without pre.udice. Amount of Judgment Subject t~ ~'-- AttachmenfJAct 5 of 1996 $ (Date of Judgment) ~Date & Timej '7/n1/n3 ,: Amount of J~dgment $ 5,000.00 "J,Udgment Costs- $ 71.00 Interest on Judgment $ .00 Atto'They Fees $ .00 Total $ 5,071.00 · ~ Judgment Credits $ ' ~""~. Post Judgment Costs $ Certified Judgme/r~t T~tal $ AN¥,~ART¥ ~d;~;~ -;FHE-~I~TO A~I=~ ~,~h' "/¢~' ~ ,~3 AY $ ;A~,TE R ~THE ENTR Y, OF J U,DGMERT BY FIL.~I NG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEASi 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 JF THE JUDGMENT DEBTOR PAYS IN FULL1 SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. My 7c; lm-~i;sJon eDx , ees~~a~ 0 0~6.~W''t/~ -'~ AOPC315-o3 DATE PRIN~D: 7/03/03 8:41:27 AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE MIW..A~ (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. C~ck a~olic~e boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ....~}"J,~ ;SS AFFIDAVIT: I hereby swear or affirm that I served [] a,c,opy ~of the Notic~of Appeal, Common Pleas No, ~_~_~ ~.~-'70 upon the Disjdc, LJustice designated therein on (dale o~ service) J ~.,f~Z_ GO..~ l~L by persona servic_e [] b.y ~(rectisLeredLmaJLsecq.d_er's r-~--eCeipt attached ;~-~,~t~,-~nd upon ~he appelle'~i"'(name)._~:~.~. ~.~ & 0 ,-, ~_; ,~/..~,..~ .,O.~_ ~, by p..erso,nal service ~ by~(reg,stered) ma,I, senders receipt attached hereto. LJ ,a, nd~fu.rmer Ina! ! serve,d [ne ? t.o r'lle_a b~omplaint accompanying tfie above Notice of Appeal upon the a.a~..Qc, JJ~e(s) to whom me Hule was addressed on ~.~J..u. /.L.~ -2'~¢~ [3 by persona service ~ b re i t m' , · - _ y (gsered) a, sender s receipt attached here¢. ~-~ SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS. DAY OF ,.T_~.~ ....... Postage Certified Fee ri1 Return Receipt Fee (Endorsement Required} Restricted Delivery Fee (Endorsement Required) Total Postage & Fees NOTICE OF APPEAL CQMMON~YEALTH OF PENNSYLVANIA COURT OI~ COMMON PLEAS FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. ~)..~ ~'~ ~C' '~ ~ NOTICE OF APPEAL Notice is give~ that the app4dlant has filed in the above Corot of Common Pleas an appeal from the judgment mfldered by the District Justice an the date and in the case meflfianed below. This block will be signed ONLY whan this notation is required under P~ R.C~ If 8ppellsnt was CLAIMANT (.~e Ps. R.C.P~J.P. No. 1008& 1001 (6) in'~c, tion before District Justice, he MUST This Notice of Al~eal, when received by the District Justice. will operate as o SUPERSEDEAS to the jan~3menf for possession in this cas~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE RULE: To (This section of form m be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT U~ED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary --- Nawe o~ ~le~s) (1) You am notified that a rule is hereby e~tered upoa you to file a complaint in this appeal within twenty (20) days after the date of service of this role upon you by persanal service er by certified or registered mail (2) If you da 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. AOPC 312-90 COURT FILE Robert R. Austin, Appellant Sharon Curl, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3570 CIVIL TERM : CIVIL - LAW : MOTION TO QUASH APPEAL AND NOW COMES Appellant, by and through his attorney, Turo Law Offices, and does respectively represent the following: 1. On July 28, 2003 an appeal was filed on behalf of Robert Austin, Appellant, in CV-0000137-03, Robert R. Austin v Sharon Cud, Common Pleas No. 03-3570. 2. Robert Austin is identified as Appellant in the Notice of Appeal. (see attached 3. copy of the Notice of Appeal) Diane Radcliff Esq. signed the Notice of Appeal at two places on behalf of Appellant, Robert R. Austin. 4. Robert R. Austin never authorized Diane Radcliff Esq. to file an appeal on his behalf. 5. The Appeal was brought in Robert Austin's name without his knowledge or consent. 6. Robert R. Austin requests that the Appeal from Judgment in CV-0000137-03 be quashed. WHEREFORE, Appellant requests that this Honorable Court issue a Rule to Show Cause, if any she has, why the relief requested therein cannot be granted. Date Respectfully submitted, Daniel D. Wodey, Esq~uire Turo Law Offices 28 South Pitt St. Carlisle, PA 17013 (717;i 245-9688 Attorney for Appellant COMMONWEALTH Of PENNSYLVANIA ------'-------- ' ' NOTICE OF APPEAL ¢CiURT Or COM~O~ -- JUDICIAL DISTRICT 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 iudgment rendered by the District Justice on the date and in the case mentioned belo~. ~is b~~ ONLY ~ ...... 1008~ m~s ~t~ ~s mqulmd u~ P~ R.C~ - - ": ....... ~ ~#~t ~ CLAIMANT (see ~ RC R - ~ of A~?I, ~n ~ei~ by t~ District ~-*' ',, ] FILE A COMPLAINT within twenty (20) da~ alter --. -- ~~ -- I filir~g his ~TICE of A~EAL. PRAE~IPE TO ~NtER RULE (~is s~t~ of ~ ~ ~ ~ ONLY wh~ ~ll~t ~ DEFENDANT (s~ ~. R.C.P.J.~ ~. 1~I(7) in ~ti~ ~fore Dis~ict J~tice. IF ~T USED, ~h fr~ c~y of notice of ~al to ~ se~ u~ ~11~). ~ ~ ~l~s) (C~ ~s ~ ~ ~ ~ < ~"~ - ) wit~n t~ (20) d~s ~ service of m~ ~ suf~ ~try ..... of J~t of ~v~e to ~ .. (20) days a~ t~ d~e of (2) ~ ~ do ~t file a c~int within this ~, a JUD~NT OF ~N PROS ~LL BE ENTERED AGAINST YOU. (3) ~ ~ of ~vke of this rule ~ se~ce ~s ~ ~il is t~ ~ of ~ili~ RULE: COURT FILE CERTIFICATE OF__SERVIC_E I hereby certify that I served a true and correct copy of the upon, Sharon Curl, by depositing same in the United States Mail, first class, postage pre-paid on the ~2__'~' day of /?~,~___~ ,2003, from Carlisle, Pennsylvania, addressed as follows: Sharon Curl 1000A Otto Drive Mechanicsburg, PA. 17055 Diane G. Radcliff, [-'squire 3448 Trindle Road Camp Hill, PA 17'011 TURO LAW OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Robert R. Austin, Appellant V. Sharon Curl, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PIENNSYLVANIA : : NO. 03-:3570 CIVIL TERM : : CIVIL -- LAW RULE TO SHOW CAUSE AND NOW, this ~ day of ~,~. , 2003,! upon receipt of Appellant's Motion to Quash Appeal, a Rule to Show Cause is issued upon Appellee to show cause, if any she has, why the relief requested therein cannot b~ granted. This Rule is returnable -'~ ~ days from service. BY THE COURT, NOTIICE OF APPEAL DISTRICT JUSTICE JUDGMENT ~ Cq.,URT OF cOMMON PLEAS JUDICIAL DISTRICT -- -- NOTICE OF APPEAL Notice is gi~ that t~e a~ant has fi&ed ~n the abave Court of Commno Pteas an apda& from the judgment rendered by t~e District Justice off the ~ C.V. --~00-/ 5~/-~ ~--~---- ~-~._ , .'----r-;;~,, _~ANT (s~. R.C.P.J.P. NO: 1008& -- m 'v~:l the District Justice, will operote (as o_liiLi ~M T within twenty (20) days after · Notice of Aiw~,-I when . ca b~. . . FILE A ....,..PLAIN This ' tor sess~en tn th~s cas~ ~.UPERSEDEAS to the ju~grc~nt pos ~ ~ lg his NOTICE of APPEAL. -- -- "~T~ature o'~Prothoc]otary or Deputy _ ~ -- before D~stnCt Justice. (This section of form IF NOT USED, de~ach from copy of notice of appeal to be sen/ed upon appellee), Name ol apce#ee~s) hereby entered upon you to file a complaint in this appeal within tw~ty (20) days after the date of (1) You am notified that a rule is or registered maiL smvice of this m&e upen you by persoual service or by certified {2) If you do not file a complaint within ~[s time, a JUDGN~NT OF NON PROS wILL BE ENTERED AGAINST YOU. Date: ' -' COURT FILE TO lie FILED wITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _; SS AFFIDAVIT: i hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. __~, upon the District Justice desi nat (date o! service) -- _ . .. receipt attached hereto, and ,pon the appelJee, ~;~e~' [] by personal service [] by (certlhed)(,eglsteregd/~il.~e°r,: -------- [] by persona sar'vi ,, , . [] a? further the! J served the Rule to File . ce [] b)/(c,e, rt fled) (reg stared ma~l, sen ' , _ , o? the Rule was addre.~.~d nn a Complalnl accompanyln¢l the above, t,,JnfJ,,* _1,). , .ders receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF S~gnat~/re o; otl/c~a! before wt~om aff,,'daw! was mad~ My commission expires COMMONWEALTH OF, PENNSYLVANIA COUNTY OF: CUMBEP. LAND Mag, 3{st. No.: 09-2-01 DJ Name: Hon. PAULA P. COP, REAL Add?,:I COURTHOUSE SQUARE CAE~ISLE, PA' ...... . ~ .,~r .' t.~.~ho.;. (717 ~ 2~0~656~- 17013-0000 ATTOILNEY 'FOR P~AINTIFF" : .... DIANE P~/)CLIFF, ESQ. 3448 TRINDLE ROAD CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT ~COKL, SHARON 1000-A OTTO DRIVE MECHANICSBURG, PA 17055 h -- VS. DEFENDANT/JUDGMENT C~o)~ laTn(~)[~ DR E Ss r-AUSTIN, ROBERT H -] P.O. BOX 351 CARLISLE, PA 17013 Docket Nc..: CV-0000137-03 ~ Date Filed: 5/22/03 CROSS COMPLAINT 001 Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ ~:,,rt'71 _ ?n o, [] Defendants are jointly and eve~rall~ liable. "- (D~i. te & Time~ Damages will be assessed on: ~. '~his.. ca~b dismissed-wRhout prejudice. Amou Judgment Subi*ct to ,~A..?acht~e~t/Act... , .. 5 of 1996 $ Amount Of J~dgm~nt $ 5,000.00 ~dgment Costs*; $ 71.00 Interest on Judgmem $. .00 Attorney Fees _ $ ·00 Total $ 5,071.00 ~ost Judgme.J Credits $ Post Ju_.dgment'Costs $ Certified,J udg ~ie~t ~,etal; ........... 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 JUST!CE . 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 IFTHE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, 7-1-03 Date I I certify that this is a true 7-1-03 My commission exp' e~s first Monday of January, 2 0 0 6 AOPC 315-03 DAr.~'~ PRTN~ED: ?/03/03 8:41:27 AM -. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cut,~.T.~qD 09-2-01 PAULA P. CORREAL /~ciress: i COUKTHOUSE SQUARE CARLISLE, PA Teleoho.e: (717) 240--6564 17013--0000 ATTORNEY DEF PRIVATE DIANE RADCLIFF, ESQ. 3448 TRINDLE ROAD CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT ~-AUSTIN, ROBERT R PO BOX 351 CARLISLE, PA 17103 VS. DEFENDANT/JUDGMENT O~:{A~ ?n~[:~D R E S S F-CURL, SHARON 1000 A OTTO DRIVE MECHAN]:CSBURG, PA 17055 b [Docket No.: CV-0000137-03 Date Filed: 4/22/03 TF~IS IS TO NOTIFY YOU THAT: . Judgmem: [~] Judgmem was entered for: (Name) ~'~ Judgment was entered against: (Name) in the amount of $ ~: n"/1 _ no on: E~ Defendants are jointly and severally liable. ] Damages will be assessec on: F~ This case dismissed without prejudice. ~ir---iC-~mo~t of Judgment Subject to /-~ I;~,ttach'.dl~nt/Act 5 of 1996 $~ FOR PT.aTNTIFF ( Date of ,Judgment) (Date & Time] Amount of Judgment $ 5,000.0u Judgment Costs $ 71.00 Interest on Judgment $ .0 O Attorney Fees $ .0(] Total $ 5,071.0(] Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ :-,., ;:,RT¥ j .E R.G.TTO APPE.L W.T....0 OA,S O'" JUOGMENT"V F'""G A"OT'OE O~_~APPE_~L WI~THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL BIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITI'I YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR r)ISTRICT 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, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7-1-03 Date certify that this is a 7-1-03 Date My commission expires Monday of January, 2006 . AOPC315-03 DATE PRINTED: 7/03/03 8:39:39 AM ;ERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This p~cf o ~UST BE FILED WITHIN TEN (10) DAYS AFTER fil/hg the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF. d~.:/~ ~ ;SS AFFIDAVIT: I hereby swear or affirm that I served [] ,a,c,opy,of the Notice of ,~ppeal., Common Pleas No ~"~" ~'~Sr'?O u .... ,.A ~,. ..... ~oa[e or ~,~r,,;.,~' "~'~ - 'o" ' ........... pu.u ute ulS[rlc[ JUStice des gnaled there n on recelp! attached hereto, and uoon the anne~g 7~'~' ~ers~nal ~rwce ~ by (certified) (registered) mai, sender's u uy pu~ona~ service ~ by (certified re stored m ' :3:%-. ~ ~ and f[~rther tha~ I served the Rule Lo rite a Corn taint acc ' ' . ) ( g - ) a~l, sender~ receipt attached hereto. the Ruie wa~ addressed on ~ ~S:?~. _P ompany,ng the~ve Nobce ~f Appeal upon me appellee(s) to whom mail. sender s receipt attached hereto. . ...... ' LJ uy persona~ service .~ by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THiS DAY OF My corem ssio ~ exp'res on Postage Certified Fee Return Receipt Fee (£ndorsement Here Total Postage & Fee! 0812512003 Postage Certified Fee Re m Receipt Fee (Endors ant Required) C~_U,'~WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT cOM,*oN,.AS 0 -- 8 S NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common pleas an ~1 from the judgment rendered by the District Justice ou the date and in the case mentlonod below. cv DOOt /3 LT ~ ~AI~NT (s~ ~. R.C.P.J.P. No. ~s ~¢k will ~ ~ ONLY ~n ~s ~ is mquimo u~ P~ 8~.J~' ~ ff ~11~ 1~8& 1~1 (6) in ~ti~ ~ D~ict J~tice, ~ ~ST T~s ~ of A~I, ~ ~ei~ ~ t~ ~strid Justice, will ~ os ~ ~[E~AS ~ ~ j~t ~ ~s~s~ in ~is ¢~ FILE. A COMPLAINT within t~ ( 20 ) da~ aft~ filing his ~TICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE RULE~ To 1~ 0 t' ED delach from copy of notice or appeal [o ~e ~u~vu~ u~, ~ ...... I[NOT US , · ~, Pi~AECIPE= To I~othan°tory r~ ,-~ ~ · (1) You a~ notified~,~c~ ~,rule is hereby e~teed upon you ta file a complaint in this appeal within twenty (20) days after the date of seevice of th S'rule up~ yad b~/TI service o~ by ceetified o~ registered mail, ,(2)*If you do not file a comP~t~*withir this time, a JUDGMENT Of: NON PROS WILL BE ENTERED AGAINST YOU. ~ (3.~ The ck~ of service of this ~Je~f service was by mail is the date of mailing. AoPc 3~-.~ COURT FILE Robert R. Austin, Appellant V. Sharon Curl, Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3570 CIVIL TERM : CIVIL -LAW Motion To Make Rule Absolute AND NOW, comes the Movant, Rober[ Austin, by and through his attorney, Daniel D. Worley, Esquire, and makes this Motion To Make Rule Absolute. 1. On July 28, 2003 an appeal was filed on behalf of Robert Austin, Appellant, in CV-0000137-03, Robert R. Austin v Sharon Curl, Common Pleas No. 03-3570. 2. Robert Austin is identified as Appellant in the Notice of Appeal. (see attached copy of the Notice of Appeal Marked Exhibit 1 ) 4. On August 12, 2003 Counsel for Rober[ Austin filed a Motion To Quash Appeal. 5. On August 15, 2003 A Rule to Show Cause was issued upon Appellee. 6. On or about August 21,2003 another notice of appeal was filed with the Prothonotary with "Amended" handwritten above notice of appeal. (see attached copy of the Notice of Appeal Marked Exhibit 2) 7. The "Amended" Notice of Appeal was filed without leave of court. 8. The "Amended" Notice of Appeal wa,,; filed well after the time limit for an appeal from the District Justice's July 1,2003 Judgment had expired. 9. The "Amended" Notice of Appeal is unsigned for the substituted "Appellant" or her attorney. 10. As of September 9, 2003 there has been no answer to this Court's August 15, 2003 Order. THEREFORE, Movant requests this Honorable Court to make the August 15, 2003 Rule to Show Cause absolute and Quash the Appeal. Date Respectfully Submitted, Daniel D. Worley, Es~luire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS NOTICE OF APPEAL Fl~ JUDICIAL DISTRICT DISTRICT JUSTICE JtJDGMENT NOTICE OF APPEAL Notice is given that the appellant hos 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 rnentianed below. CV /,') C)~O ~ '~ '~ ~ will be ~ ONLY ~en this ~ is ~qui~ u~er P~ R.C~4~ I~ ~11~ ~ OLAI~AflT (see ~. ~.~.P.~.p. ~o. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment foe possession in this case. Signature of Prothonotary or Deputy 1 O01 (6) in action before District Justice, he MUST FI, LEA 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 fo~n to be used ONLY when appel/ant was DEFENDANT (see Pa. RC.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). PRAECIPE: To Prothonotary (Common Pleas Nc~ RULE: To .'<"-C~ '~ ,h' , , , appdlee(s), to file a cempbint in this appeel ) within twenty (20) day.~.a~,service of rule or_suffer entry of judgment of non pros. Name ol appellee(s) (1) You am notified that a rule is hereby entered upon you to file a comploint in this al:~oeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified (x' registered ma~ (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. / '/' ..... ~ .... ~,oPc 3~-go COURT FILE COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF SERVICF I hereby certify that I served a true and correct copy of the upon, Sharon Curl, by depositing same in the United States Mail, first class, postage pre-paid on the ~ day of ~c~<~L~r~-' ,2003, from Carlisle, Pennsylvania, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17'011 TURO LA'W OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-,9688 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT R. AUST1N Plaintiff VS. SHARON CURL Defendant NO. 0.3-3570CIVIL TERM CIVIL ACTION - LAW 1N CONTRACT ANSWER TO ROBERT R. AUSTIN'S MOTION TO QUASH APPEAL PURSUANT TO RULE TO SHOW CAUSE ENTERED ON AUGUST 15, 2003 AND SERVED ON SHARON CURL'S ATTORNEY ON AUGUST 20, 2003. AND NOW, this 9th day of September, comes Sharon Curl, by her Attorney, Diane G. Radcliff, Esquire, and files this Answer to Robert R. Austin's Motion to, Quash and represents that: Admitted in Part and Denied in Part. It is admitted that on July 28, 2003 a Notice of Appeal was filed in the above captioned matter docketed to No. 03-3570 Civil Term. It is denied that the undersigned intended to file that appeal on behalf of Robert R. Austin. On the contrary it is averred that the appeal was intended to be filed on behalf of Sharon Curl and that the appeal form inadvertently listed Robert R. Austin as the appellant due to the fact that the undersigned thought the information requested was for the Plaintiff in the action not the Appellant in the action. By way of further Answer, and in support of Sharon Curl's position it is further averred that: This action was initiated by the filing of a Complaint with District Justice Correal by Robert R. Austin as Plaintiff against Sharon Curl as Defendant in the case docketed to No. CV-0000137-03. Robert R. Austin was represented by Daniel D. Worley, Esquire in that action. Sharon Curl filed a Counterclaim to Robert Austin's Complaint with District Justice Correal, who marked Sharon Curl as the Plaintiff and Robert Austin as the Defendant in that counterclaim, but docketed that counterclaim to the same docket number, No. CV-0000137-03, that was assigned to Robert R. Austin's Complaint. Sharon Curl was represented by Diane G. Radcliff, Esquire in that action. At all times herein relevant, Robert R. Austin was aware that Diane g. Radcliff, Esquire represented Sharon curl in this case. On July 1,2003, District Justice Correal entered judgement in both of the foregoing cases. On Robert R. Austin's Complaint she entered judgement in favor of Robert R. Austin in the amount of $5,071.00. On Sharon Curl's counterclaim, but to the same docket number, CV-0000137-03, she entered judgement in favor of Sharon Curl in the amount of $5,071.00. A true and correct copy of Robert R. Austin's judgement is attached hereto, marked Exhibit "A" and matte a part hereof. A tree and correct copy of Sharon Curl's judgement is attached hereto, marked Exhibit "B" and made a part hereof. On July 28, 2003 Diane G. Radcliff, Esquire, on behalf of Sharon Curl, filed a Notice of Appeal. A tree and correct copy of Sharon Curl's Notice of Appeal is attached hereto, marked Exhibit "¢" and made a part hereof. In that Notice of Appeal Diane G. Radcliff inadvertently listed Robert R. Austin as the appellant since she thought the Notice of Appeal form was requesting the listing of the Plaintiffs name not the appellant's name in the first block of that form. This confusion arose in part from the docketing of cases by the district justice referenced in Paragraphs A and B above. The fact that this was an inadvertent error is apparent on the face of the Notice of Appeal, in which a Rule was entered against Robert R. Austin to file a Complaint in this case, which obviously would not have been entered had he been the intended Appellant in this case. - 2 - On August 21, 2003, the inadvertent erroneously listing of Robert R. Austin as the Appellant was corrected by the said Diane G. Radcliff, Esquire by the filing of an Amended Notice of Appeal on August 21, 20013, which was duly served upon the required parties as appears on the certificate filed of record in this case. A true and correct copy of the Amended Notice of Appeal is attached hereto, marked Exhibit "D" and made a part hereof. F. Robert R. Austin has not filed any objection to the Amended Notice of Appeal. On July 30, 2003, Daniel D. Worley, Esquire, on behalf of Robert R. Austin, filed a Notice of Appeal in this case. A true and correct copy of Robert R. Austin's Notice of Appeal is attached hereto, marked Exhibit "~E" and made a part hereof. On August 21, 2003, Sharon Curl filed her Complaint as required by the Rule entered on Robert R. Austin's Notice of Appeal, which was duly served upon Robert R. Austin's on August 25, 2003. Robert R. Austin's Notice of Appeal attached as Exhibit "E" does not limit his appeal to only part of the case, and thus operates as an appeal of the entire case. As such his Motion to Quash the Appeal is moot and of no legal import since he also appealed this case with a single docket number in its entirety and, therefore, it makes no difference if his case goes forward under his Appeal or under Sharon Curl's Appeal. Robert R. Austin has not been, and will not be, prejudiced by the inadvertent listing of Robert R. Austin as the appellant in Sharon Curl's Notice of Appeal, marked Exhibit "C" and made a part hereof, which inadvertent error was corrected by the filing of an Amended Notice of Appeal, marked Exhibit "D" and made a part hereof, on August 21, 2003, to which no objection has been made. K. Sharon Curl will be prejudiced if her Appeal is quashed since any amounts due Robert R. Austin will be offset by the amounts due Sharc,n Curl, and in the interest ofjudicial economy it only makes sense to have both cases heard at the same time and any resulting judgements offset against each other rather than have separate judgements issued as will be the case if her appeal is quashed. District Justice proceedings are not of record and, therefore, either party is free to file an action in the Court of Common Pleas at any time. Admitted. It is admitted that Robert R. Austin is identified as the Appellant in the Notice of Appeal. By way of further Answer, and in support of Sharon Curl's position, Sharon Curl incorporates by reference the Answers and averments set forth in Paragraph 1 herein the same as if fully set forth at length. Denied. It is denied that Diane G. Radcliff ever intended to file the appeal on behalf of Robert R. Austin. By way of further Answer, and in support of Sharon Curl's position, Sharon Curl incorporates by reference the Answers and averments set forth in Paragraph 1 herein the same as if fully set forth at length. Admitted with Clarification. It is admitted that Robert R. Austin never authorized Diane G. Radcliff, Esquire, to file an appeal on his behalf. By way of further Answer, and in support of Sharon Curl's position, Sharon Curl incorporates by reference the Answers and averments set forth in Paragraph 1 herein the same as if fully set forth at length. Admitted with Clarification. It is admitted that Robert R. Austin did not have knowledge of nor consent to the filing of the Notice of Appeal by Diane G. Radcliff, Esquire. By way of further Answer, and in support of Sharon Curl's position, Sharon Curl incorporates by reference the Answers and averments set forth in Paragraph 1 herein the same as if fully set forth at length. - 4 - No Response Required. The averment of Paragraph 6 of Robert R. Austin's Motion to Quash is a request for relief to which no response or answer is required. If it is determined that an Answer is required, it is specifically denied that the appeal from the judgement in CV- 0000137-03 should be quashed for the reasons and based on the Answers and averments set forth in Paragraph 1 herein, incorporated by reference the same as if fully set forth at length WHEREFORE, Diane G. Radcliff, Esquire, on behalf of Sharon Curl respectfully requests this Honorable Court to deny Robert R. Austin's Motion to Quash her appeal. Respectfully submitted, ~G~d:)CLIFF, ESQUIRE ~8 Trindl~ Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff EXHIBIT "A" ROBERT R. AUSTIN'S JUDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUN~EZ~f.,2~E) 09-2-0?' PAULA p. COP, REAL I COURTHOUSE SQUARE CARLISLE, PA Tel~pho,e: (717) 240--6564 ATTORNEY DEF PRIVATE : DIANE RADCLIFF, ESQ. 3448 TRINDLE ROAD CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: F~'] Judgment was entered for: (Name) ~] Judgment was enmreo against: (Name) 17013-0000 NOTICF OF JUDGMENT/TRANSCRIPT FAUSTIN, ROBERTU^~~'n°^DDREss PO BOX 351 CARLISLE, PA 17103 VS. DEFENDANT/JUDGMENT C~,~ laTn~)~:~ D R ES S FCURL, ~C~HARON 1000 A OTTO DRIVE MECHAN]:CSBURG, PA 17055 Docket No.: CV-0000137-03 Date Filed: ~/22/03 FO~ P?.ATN'TIFF in the amount of $ ~;: o'71 _ ~1~ on: E~ Defendants are jointly and severally liable. ] Damages will be assessed on: F-~ This case dismissed without prejudice. fDate of Judgment) fDate & Time) Arnount of Judgment $ 5,000.0i; Judgment Costs $. 71.0(~ Inlerest on Judgment $ .0O At!orney Fees $ .00 Total $ 5,071.00 Post Judgment Cred ts $ Post Judgment Costs $ Certified Judgment Total $ --, [--]' Amount of Judgment Subject to ~,' ~ I~,ttachm~nt/Act5of1996 $ .¢NY ICARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JU BGMENT BY FILING A NOTICE OF APPEAL WITI~ 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 lin 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 SE 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, SETTLES OR OTHERWISE COMPLIES WITH THE JUDGMENT. I cerhfy that this is a t~ e and cot ct co f 7-1-03 Date My commission expires~rst Monday of January, 2006 . AOPC 315-03 DATE PRI~: 7/03/03 8:39:39 EXHIBIT "B" SHARON CURL'S JUDGEMENT COMMONWEALTH OF, PENNSYLVANIA COUNTY OF' CUMBERLAND Mag Dist. NO. 09-2-01 PAULA P. COP. REAL ^~o,ess: i COD'RTHOUSE SQUAKE CARLISLE, PA Te,oohon. ~717 240--6564 17013--0000 ATTORNEY FOR PLAINTIFF: DIANE RADCLIFF, ESQ. 3448 TKINDLE ROAD CAMP HILL, PA 17011 NOTICE OF JUDGM ENT/TRANSCRIPT ~UJ[;(L, S HA.~.O~t~' NAME and ADDRESS 100O-A OTTO DRIVE MECHANICSB~RG, PA 17055 VS. DEFENDANT/JUDGMENT C~DR ESS ~AUSTIN, ROBERT R P.O. BOX 351 ~ISLE, PA 17013 D0cke~N0.: ~-0000137-03 J ~ Date Filed: 5/22/03 CROSS COMP~INT 001 uuogment: [-~ Judgment was entered for: (Name) cTm'r.: ~'] Judgment was en[ereo against: (Name) AUR'PTN: in the amoun[ of $ r;: n'71 _ 00 on: ~ Defendants are joinby and sevff~rally li*~e ~ Damages will De assessed on: [] '~his cas~ dismissed without prejuolce. Amount otJudgmem SubjeCt to Attachment/Act 5 of 1996 $. (Date of Judgment) '7/Ol fDa'te & Time,)' IAmount of J~dgment J*dudgment Costs, [Interest on Judgment ~A'~torney Fees JTotal Post Judgmem Credits ,~ Post J~dgment Corns OertJfied Judgmen't Total $ 5,000.00[ $. 71.00 $ .00 $ 5,071.0~ $ ~N¥:~`ART~H`A~E`~R`]GR~"~T~;A~FE`A~UW~:F~7~J~&:YS~F;TEF;~HE`ENTRY~QF-JUDG~E~,T By FILING A NO~TICE. . -. 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 DIS"[RICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON FLEAS, 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, SETTLES OR OTHERWISE COMPLIES WITH THE JUDGMENT. 7-t-03 Date I certify that this is a true 7-1-03 My commission exp' e~s first Monday of January, 2006 . AOPC315-O3 DATE PRINTED: 7/03/03 8:41:27 AM : O.~tice EXHIBIT "C" SHARON CURL'S NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FI~M DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appdlant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice o~ the dat~ and in the case mentioned below. CV LT This b~ock wilt be signed ONLY when this notation is required under Pa. R.C.PJ?! ..1~_. 1008B. This Notice of Appeal, when recdved by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cass Signature of Prothonotary or Deputy If appellant 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 folrn 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 En~r rule upon ' ~ ~ : ' (Common PleasNa. 'r. , appellee(s), to file a complaint in this appeal within twenty (20) days a.~ft~, service of rule o~ suffer entry of judgment of non pros, RULE: Ta (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 ru~e if service was by mail is the date of mailing. .j ope ~2-~o COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Che"6r ap~cab~boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF __~.:~ ~ ..................... ; SS AFFIDAVIT: t hereby swear or affirm that I served r'q a copy of the No ce_of Appeal, Common Pleas No, __0 ~" ,,~-'7 0._ u"'on~ the Dis*';''+,,~ ~,.~Lu~'S*i"*~ ~,~ u~,~"-~:gumeu ........ tnerefn' on ~ (date of service) ~ ~._~ 0~ , ~y personal sea';ice ~ ~y ~ertifi~ (reds>rem m~L s~der's receipt attached hereto,~nd upon'~;"app~i'~]~namE ~4_~, ~z~~[~'~n ~ ~ , Z~o5 ~ by personal service ~ by~(regmtered) mal~, senders rece~ptattached hereto. ~ and ~b~ that {~rved the R~[e to File a Complaint accompanyin~o~;~ Notice of Appeal upon the ~(ee s)to whom the Rule was addressed on _._~__~.~ ............... ~-, B b/personal se~ice ~ by~¢ (reg stared) mail, sender's receipt attached heretd. ' ~- ~ SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 2. ?Y:.h___ DAY OF ,,.T_~ _L~. .... ...,~_ ~ Title of offic/~i / I. Camp Hill ~m , :umb~a~ I ~ My Commlsaon Expires ¢ept, 23, EXHIBIT "D" SHARON CURI,'S AMENDED NOTICE OF APPEAL COMMGNWlA~.T# M I~INSY&WNIA COUlT OF C,C~MON RLqAS JUOICIAL DISTRICT CURL TASKER PAGE NC)T~¢E OF ~PE~i t~tlce is ~ that the apf~lJant has flied in the ab~e Co~t of C~nmon P~as a. appea~ from, ffm judgment rendered by t~e D~striet Justice o~ the dat~ and in t~e ca# mmtloMd bek~ . ,,,, i '~ ,.k ,,~ I , , ~, f~s ~ w~ ~ ~ ~LY ~n ~s ~%~s ~md u~ P~ R~PJ~. ~,~ ~ ~1~ ~ CLAIMANT (~ ~. ~.P.J.P, NO, ~PER~S ~ ~ j~ ~ ~ pmHs~ ~ ~i* cos~ ., ,. FILE A O~AINT w~in t~fy (20) ~ S~ ~ ~y ~ ~ ' ~ng ~ ~E ~ A~AL ~ .... / ' L~ PRAECIPE TO ENT~ R~~ TO ,, C~PLAINT ANO RULE TO FILE ~RAECIPE: To ~ry . {, ,,~_. APPELLANT'S COPY EXHIBIT "E" ROBERT R. AUSTIN'S NOTICE OF APPEAL CO~.L,¢.JNyVE,~LTH OF PENIS. SYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT - NOTICE OF APPEAL FROM 7-3~.07 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~)~,_ ~2/~'~C ~)-c;~ ~"~ NOTICE OF APPEAL Notice is given that the appellant has filed in. the above Court of Common Pleas an aDeeal from the judgmem renaered by the District Justice on the date and in me case mentioned below. NAME OF APPELLANT ADDRESS OF APPELLAN3 CATE OF JUOGMENT I IN THE CASE OF (P~INTIFF) I MAG, DIST. NO. OR NAME OF D.~ CITY STATE ZiP CODE LT YEAR (DEFENDANT) vs. SIGNATURE OF APPELLANT OR HIS A~rORNEY OR AGENT This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal. wnen received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for oossession in this case. If appellant was Claimant Isee PA R.C.P.J.P. No. 1001(6)) in action befora dist~ict 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 ce used ONLY when appelrant was DEFENDANT see PA R.C.P.J.P. No. 1001(7) in action before Distnct Justice. iF NOT .USED. detach from copy of notice of appear to be served upon appellee PRAEClPE: To Prothonotary Enter rule upon .~c~r0r~ fOommon Pleas NO. O Jo 3(. ?d, Name of appellee(s) , appellee(s), to file a complaint in this appeal within twenty (20) days after service ol rule or suffer enJry of judgment of non. pros. Signature of a~ellant or his~orney or a~nt RULE: TO .~b,.:f'O,"~ ~'~z. rJ ,appellee(s) Name of appel~e(s) (1) You are notified that a rule is hereby entered upon you to file a comolaint 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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: '~¢2- ~() ,Year ,~7~'6'-~ ~.z_-. ~z:, ~/'t4~-¢.-.--' c~ / I Signature of Pmthonot~ of D~uty White - Prothonotary Copy Green - Court FBe Copy Yellow - AnDelant's Copy Pink - Appellee Copy Gold - D.J. Copy Proth. - 76 VERIFICATION I, Diane G. Radcliff, Esquire, being duly authorize6 by Sharon Curl, verify that the statements made in the foregoing Answer to Robert R. Austin's Motion to Quash Appeal are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DI~CLI~FF, ESQUIRE CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on September 9, 2003, I served a true and correct copy of the foregoing Answer to Robert R. Austin's Motion to Quash Appeal upon Defendant's Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Daniel D. Worley, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Respectfully submilIed, ~A'N-E'7-GT. RA~I~C£IFF, ESQUIRE 3~t48_T.dndlM~ad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID ~ 32112 Robert R. Austin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3570 CIVIL TERM Sharon Curl, : CIVIL - LAW Defendant : PRAECIPE TO THE PROTHONOTARY: Please withdraw the Motion To Make Rule Absolute in the above-captioned matter on behalf of Robert Austin. Respectfully Submitted TURO LAW OFFICES Date Daniel D. Worley, Esquir~ 28 South Pitt Street Carlisle, PA 17013 (717 ) 245-9688 Attorney for Plaintiff ROBERT R. AUSTIN, SHARON CURL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3570 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of September, 2003, upon consideration of the motion of Robert R. Austin to quash the appeal filed by Diane G. Radcliff, Esq., attorney for Sharon Curl, and of the answer filed by Attorney Radcliff to the motion, the motion to quash is denied. Daniel D. Worley, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 :rc BY THE COURT, /~/esley ~., Robert Austin, Plaintiff Sharon Curl Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3!570 CIVIL TERM CIVIL - LAW 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 and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the =laintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU DC 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Robert Austin, Plaintiff Sharon Curl Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3570 CIVIL TERM : CIVIL - LAW COMPLAINT AND NOW COMES the Plaintiff, Robert Austin, by and through his attorney, Turo Law Offices, and files this Complaint. 1. Plaintiff, Robert Austin is an adult individual residing at 79 Clay Road Cadisle Cumberland County PA 17013. 2. Defendant, Sharon Cud is an adult individual residing at 1000A. Otto Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant Sharon Curl is the owner of the real estate known as 11 South Pitt Street, Carlisle, PA 17013. 4. On or about September 5, 1998 Plaintiff and Defendant entered into a lease agreement regarding the basement apartment of 11 South Pitt Street. 5. On or about April 1,2003 PP&L contacted Plaintiff and informed him that his electricity would be shut off at the end of the month because they could not read the meter and had sent estimated bills for a year. 6. Plaintiff could not provide PP&L access to the meter because he did not have a Key. 7. Plaintifft, Robert Austin, called Sharon Curl on or about April 4, 2003 intending to ask her to let PP&L check the meter. 8. The message on Plaintiff's answering machine stated that she was on vacation. 9. Plaintiff, faced with his electricity being shut off, left a message for Defendant stating that he was no longer going to ren,t the property because his electricity was being shut off. 10. On or about April 12, 2003 Plaintiff and some friends moved a few pieces of his personal property (the heavier items). 11 .While moving the items, Plaintiff played rnusic through his computer. 12. On or about April 12, 2003 Plaintiff checked his credit card statement over the intemet with his computer located in the apartment. 13. Plaintiff began making repairs to the apartment including putting the first layers of drywall patch on a few blemishes on the walls. 14. Repairs to drywall take several applications to be done properly and include patching, sanding and painting, which could not be completed in one day. 15. On or about April 17, 2003 Plaintiff returned to the apartment with a few friends and cleaning materials to remove the rest of his property and clean the apartment before returning the keys to Defendant. 16. On or about April 17, 2003 Plaintiff also intended to finish the repairs to the property, which he had previously started. 17. Plaintiff had not vacated nor did he intend to vacate the property by April 17, 2003. 18. Plaintiff attempted to enter the apartme~nt on or about April 17, 2003 and discovered that his key no longer fit the apartment door. He looked in the window and discovered that his property was gone. 19. Plaintiff immediately contacted the Carlisle Police Department to attempt to recover his personal property. 20. Plaintiff called Defendant from the police station and spoke with Randall Tasker, Defendant's boyfriend, who advised Plaintiff that his personal property had been removed from the premises "thrown in the burn pit and burned". 21 .The personal property taken from the apartment included Plaintiffs then working computer and computer components, Plaintiff's Keys, Plaintiffs television, Plaintiffs checkbook and fir~ancial information to name just a few. 34. Plaintiff replaced the property after being told it was destroyed. A copy of a receipt along with copies of estimated replacement costs for the computer equipment is attached and marked Exhibit E. 35. Plaintiff lost pictures, personal, and financial information stored on his computer. 36. Defendant has stated that the computer was given to a third party to determine if it worked. 37. Plaintiff believes and avers that the third party accessed the personal information contained on Plaintiff's computer's hard drive. 38. Plaintiff has sustained substantial financiial damage exceeding $5000 trying to recover and replace his wrongfully converted property. 39.The amount of Plaintiff's damages falls in the range of compulsory arbitration therefore this matter should be referred 1~o arbitration. WHEREFORE, Plaintiff, Robert Austin, respectfully requests that this Court enter judgment in his favor for the value of his wrongfully converted property plus costs and attorney fees and against the Defendan~t, Sharon Curl. I0- -o Date Respectfully submitted, Daniel D. Worley, Esquire Tt, ro Law Offices 28 South Pitt St. Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 06/26705 15:45 DIF~qE G RADCLIFF + 2452165 NO.101 Invznt~rv of I~rns Removed from 11 South Pitt S~ Amirtm~-~t 6~ garlielo PA 0~/26/0~ 15~45 DIP~E G R~DCLIFF ~ 2452165 NO.101 ~0: 06/26/05 15:45 DIANE G R~D6LIFF + 2452165 N0.101 Q04 Turo Law Offices RON TURO, Esquire ROBERT J. MULDERIG, Esquire GALEN R WALTZ, Esquire JAMES M. ROBINSON, Esquire DANIEL D. WORLEY, Esquire www, TuroLaw. com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 April 25, 2003 Sharon Curl 1000A Otto Drive Mechanicsburg, PA 17055 RE: Return of Robert Austin's personal property and payment of damages Dear Ms. Curl: I write on behalf of Robert Austin, a former tenant of yours. On or about April 1, 2003 Mr. Austin notified you that he would no longer remain a tenant in your apartment. Mr. Austin began the process of moving out of his apartment on April 13, 2003 however, on April 17, 2003 upon returning to the apartment to clean and remove thE; rest of his personal property he discovered his personal property was missing. Mr. Austin contacted a representative of yours and was told that the property was removed from the premises and either sold or discarded. The personal property was clearly not abandoned and as a landlord have no legal right to retain the personal property of your tenant. Mr. Austin has filed for a Complaint in the amount of $5,000.00 with the District Justice office. We would be willing to withdraw the Complaint if you return to Mr. Austin all of his personal property in the condition when it was taken along with $133.00 which he had to spend for the filing fees al: the District Justice office as well as $100.00 to cover attorney fees. The personal property you must return includes but is not limited to MetLife stock certificates, one computer, one printer, two scanners, two keyboards, one optical mouse, two regular computer mice along with music cds (approximately 25), 30 albums, and computer cds, computer speakers, computer discs with personal information, kitchen dishes, imperishable food, bath towels, shampoo, wash clothes, 'I-V, VCR, Comcast digital box, his personal checks and check book, MAC card, Kirby vacuum, and bedroom blankets. If you are no longer in possession of this property ~please issue a check made payable to Turo Law Office in the amount of $5,000,00 and forwa~rd it to me immediately. If you have any questions please do not hesitate to contact me so we may resolve this matter amicably. Sincerely, DANIEL D. WORLEY, ESQUIRE Dworley@Tu roL.aw.com DDW/rms cc: Robert Austin (366961- 1) R AUSTIN Customer Info tl/frst ROBERT c/mail infflst R AUSTIN class home (717)241-0041 type c/type othr (717)329-3216 c/info soeiai sec 214-50-8360 email d/1 bil adr Y inst 09/08/98 otl 2sls rsn C rest 09/08/98 tv eampgn Financials Bill Info deposit chr to 04/16/03 rate 48.05 bil to 04/16/03 balance b-mod 1 b-formS turret cycle B/7 30 day dscnt rem B 60 day tax exempt N 90 day DISC 120 dy stop 04/16/03 wrtoff 514.15 rsn MOVED xfr 11 SPITT ST#6 17013 Ledger 03/07 FCCFEE 0.04 03/05 DUE 144.06 03/20 CCPYMT -96.03 04/07 BASIC 13.00 04/07 .AgO 0.00 04/07 iDSHbMxSz 31.95 04/07 TAX 3.04 04/07 FCCFEE 0.04 04/05 DUE 96.06 04/21 ADJ-0B(1) 300.00 04/21 ADJ-0B(2) 150.00 04/01 PROP, AT 1.55 04/01 TAX 0.18 04/16 BASIC -9.10 04/16 DSHbMxSz -22.37 04/16 TAX -2.12 04/16 FCCFEE -0.05 05/05 DUE 514.15 09547 ,~N:RS1053 OP:RG TROUTMAN 107759 OT: 4# TY Qty Brand/Model Item Description fl SL 1 ELA 753799098177 ENTERTAINMENT SOFTWARE ~2 SL 1 UBI 008888680390 ENTERTAINMENT SOFTWARE .3 SL 1 BLK F8E262BLK +COMPUTER INPUT DEVICES .4 SL 1 HP C6658AN +INK .5 SL 1 HP C6657AN +INK _6 SL 1 HP C6656AN +INK .7 SL 1 HP MX70 +COMPUTER MONITOR 18 SL 1 CSP 373.048M.OTHR CITYADVANTAGE PLAN CUST: TT:OE RT RelDt Stock Amount C 04/28 9 39.99 C 04/28 9 19o99 C 04/28 9 9.99 C 04/28 9 24.99 C 04/28 9 34.99 C 04/28 9 19.99 L 04/28 9 249.99 L 04/28 9 52.24 Line Item Entry L~: ~ Qty: __ B/M: Rel Type: Rel Date: - Inv Loc: --~i-~f~C7 __ PIF: Comml: _ Comm2: Ser#: ........... Tx Ex: SDsp: Fin: Price: _ , 0~0 PW: ..... SPF: .... QO~ Enter 'R' in ~in field to view any special financing terms. Txable 2153.32 TxExpt .00* Subttl 2153.32 Tax 129.19 OrdTtl 2282.51 MinDue 2282.51 BalDue 2282.51 ~l>CustIn F2>NextPg F3>MoreIn F6>AddInf FT>Except 2 SL 1 CSP 370.048M.HOME CITYADVANTAGE PLAN L 3 SL '1 HP .PS7150 +COMPUTER pRINTERS C 4 SL 1 CSP 371.048M.OTHR CITYADVANTAGE PLAN C C 5 SL 1 HP SJ3500C +SCANNERS 6 SL 1 CSP 383.048M.OTHR CITYADVANTAGE PLAN C 7 SL 1 BLK F3U13306GLD +SOHO CABLES/SURGE/UPS C 8 SL 1 SYIq 037648219952 INTERNET/UTILITY SOFTWARE C 9 SL I TDK CDR80CB50T +COMPUTER MEDIA C 0+SL 1 VUS 755142710361 ENTERTAINMENT SOFTWARE C Line Item Entry Rel Type: L%: Qty: __ B/M: ' Rel Date: __~ ._m__ Inv Loc: Rel Loc: . PIF: - ' Tx Ex: Comml: _ Corem2: Ser~: ...... ~PF: .... Q0 SDsp: Fin: _ Price: Enter 'R' in Fin field to view any special financing terms. 04/28 04/28 04/28 04/28 04/28 04/28 04/28 04/28 04/28 9 270.74 9 149.99 9 52.24 9 79.99 9 33.24 9 29.99 9 39.99 9 24.99 9 19.99 Txable 2153.32 TxExpt .00' Subttl 2153.32 Tax 129.19 OrdTtl 2282.51 MinDue 2282.51 BalDue 2282.51 F6>AddInf FT>Except 'l>CustIn F2>NextPg F3>MoreIn CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the upon, Diane G. Radcliff, by depositing same in the United States Mail, first class, postage pre-paid on the 3, _ day of ~)/.~Io/'r''- ,2003, from Carlisle, Pennsylvania, addressed as follows: Diane G. Radcliff, E-:squire 3448 Trindle Road Camp Hill, PA 17011 TURO LAW OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Robert Austin, Plaintiff Sharon Curl, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3570 CIVIL TERM : CIVIL - LAW REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW COMES the Plaintiff, Robert Austin, by and through his attorney, Turo Law Offices, and replies to Defendant's New Matter and Counterclaim. 40. No response required. 41. Denied. It is denied that Austin vacated the property while Curl was on vacation. By way of further answer, Austin telephonically notified Curl while she was on vacation that he was planning to vacate the premises because the electricity was going to be turned off. 42. Denied. The language "there was no reason for Austin to attempt to terminate the lease..." is a conclusion of law not requiring a response. By way of further answer, on or about April 1,2003 PP&L gave notice that the electricity would be shut off by the end of the month. 43. Denied. By way of further answer, Austin did not know the exact date Curl would return from her vacation and Austin has no knowledge as to if PP&L was given access to the basement at that time. 44. Admitted. 45. Admitted. 46. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 47. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 48. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 49. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 50. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 51. Denied. By way of further answer, but for the inability of PP&L to read the meter, the electricity would not have been shut off. 52. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 53. Admitted. By way of further answer, Austin communicated to Curl on or about April 1,2003 that he would not continue to lease the property. 54. Admitted. 55. Admitted in part and Denied in part. By way of further answer it is admitted that Austin left a key on the table, but it is denied that it was reasonable to assume the key was to the leased property without trying it in the lock. 56. Denied. By way of further answer, Austin did not vacate the property by April 12, 2003 and the repairs and cleaning had not been finished. 57. The allegations of this paragraph are legal conclusions to which no responsive pleading is required. If a responsive pleading is required, it is denied that Austin vacated the property and that it was reasonable for Curl to believe he had. 58. Denied. Austin did not vacate the property by April 12, 2003. 59. Denied. By way of further answer Curl converted Austin's Vacuum Cleaner which was in the apartment and Austin was in the process of bringing cleaning supplies back to the apartment. 60. Admitted. By way of further answer, Austin attempted to return the property to proper condition but was prevented from doing so by Curl. 61. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. 62. The allegations of this paragraph are legal conclusions to which no responsive pleading is required. 63. Admitted in part and Denied in part. It is admitted that Austin had moved the majority of his property, but the remaining allegations are denied. 64. Denied. 65. Denied. Austin did not vacate the property of April 12, 2003. 66. Denied. The returned property was destroyed from being stored in a barn. 67. Denied. The list of property marked Exhibit A was in the apartment when Curl broke into the apartment converted Austin's property and locked Austin out. 68. Neither admitted nor denied. Austin is without sufficient information to answer this allegation and proof of the same is demanded at Trial. By way of further answer, Exhibit E provides the amount Austin would have to pay to replace some of his property. 69. No response required 70. Admitted. 71 .Admitted. 72.A-H Admitted only to the extent that they are previsions of the lease. A. Admitted. B. Admitted. C. Admitted. D. Admitted. E. Admitted. F. Admitted. G. Admitted. H. Admitted. 73. Denied. By way of further answer, Defendant was still in the process of leaving the premises on April 12, 2003 and had not vacated it. Defendant gave advance notice of his intent to discontinue renting the property, telephonically, prior to beginning the vacating process. 74. Admitted. By way of further answer Defendant was of the belief that his security deposit would pay for the April rent and he planned to vacate the premises before May. 75. Admitted in part and Denied in part. By way of further answer, Defendant paid his rent bills and the Plaintiff accepted the same. Defendant did not receive notices or demands for late fees. Defendant denies that the late fees are due because of Satisfaction and Accord. 76. Denied. By way of further answer, the "damage' to the property was normal wear and tear that happens with time. Furthermore, Defendant was beginning the process of cleaning and repairing the property when Plaintiff broke into the property and subsequently locked Defendant out. 77.A. Admitted. By way of further answer Defendant was of the belief that his security deposit would pay for the April rent and he planned to and did vacate the premises before May. B. Admitted. By way of further answer, Defendant paid his rent bills and the Plaintiff accepted the same. Defendant did not receive notices or demands for late fees. Defendant denies that the late fees are due because of Satisfaction and Accord. C. Denied. Defendant Called Plaintiff on April 4, 2003 and left a message that he could no longer rent the property because PP&L was shutting off the electricity. D. Admitted. By way of further answer, Defendant was going to clean the premises, but was locked out by the Plaintiff before he was able to do so. E. Admitted. By way of further answer, Defendant was in the process of repairing the premises, but was locked out by the Plaintiff before he was able to finish the repairs. F. Denied. The "damage" to the property was regular wear and tear that defendant would have cleaned or repaired had he not been locked out of the premises. 78.The allegations of this paragraph are legal conclusions to which no responsive pleading is required. If a responsive pleading is required, it is denied that Defendant is liable to Plaintiff for any monetary damages. 79.The allegations of this paragraph are legal conclusions to which no responsive pleading is required. If a responsive pleading is required, it is denied that Defendant is liable to Plaintiff for any monetary damages. 80. No response required. WHEREFORE, Plaintiff, Robert Austin, respectfully requests that this Court enter judgment in his favor for the value of his wrongfully converted property plus costs and attorney fees and against the Defendant, Sharon Curl. Date Respectfully submitted, Daniel D. Worley, Esquire Turo Law Offices 28 South Pitt St. Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I, Daniel D. Wodey, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Reply to Defendant's New Matter and Counterclaim and verify that the statements made in the foregoing Reply to Defendant's New Matter and Counterclaim are true and correct to the best of my know edge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. Date Daniel D. Worley, Esquire I CERTIFICATE OF SERVICF I hereby cedify that I served a true and correct copy of the upon, Diane G. Radcliff, by depositing same in the United States Mail, first class, postage pre-paid on the /2.. day of ~/ou'~'~,Srr-- ,2003, from Carlisle, Pennsylvania, addressed as follows: Diane G. Radciiff, Esquire 3448 Trindle Road Camp Hill, PA 17011 TURO LAW OFFICES Daniel D. Wodey, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ROBERT AUSTIN VS. SHARON CURL Plaintiff Defendant : NO. 03-3 5 70 CIVIL TERM CIVIL ACTION - LAW IN CONTRACT TO THE PROTHONTOARY: Please mark the above referenced action settled, satisfied, and discontinued. Respectfully submitted, DANIEL D. WORLEY, ESQUIRE 28 South Pitt Street Carlisle, PA 17013 Phone: (717) 245-9688 Fax: (717) 245-2165 Supreme Court ID # ~ ct~2~ Attorney for Defendant Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT R. AUSTIN, Plaintiff Defendant SHARON CURL, NO. 03-3570 CIVIL ACTION - LAW : DISTRICT JUSTICE APPEAL and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARONCURL VS. ROBERT AUSTIN Plaintiff NO. 03-3676 CIVIL TERM CIVIL ACTION - LAW Defendant : IN CONTRACT MUTUAL GENERAL RELEASE THIS MUTUAL GENERAL RELEASE is made and executed by Sharon Curl of 1000-A Otto Drive, Mechanicsburg, Pennsylvania,(hereinafter referred to as "Curl") and Robert Austin of 79 Clay Road, Carlisle, Pennsylvania, (hereinafter referred to as "Austin"). KNOW ALL MEN BY THESE PRESENTS, that pursuant to the agreement of the parties, and in consideration of the sum of$ 1.00 paid by Curl to Austin and the sum orS 1.00 paid by Austin to Curl, each of the parties hereto, intending to be legally bound hereby, does hereby remise, release, quitclaim, and forever discharge the other party, his or her heirs, personal representatives, successors and assigns from all claims, demands, liabilities, actions, causes of action, suits, debts and contracts, of any nature whatsoever, both in law and in equity, especially and specifically all claims arising out of the issues raised in the pleadings in the above captioned cases and out of the parties' prior landlord/tenant relationship, which against the other party each may have or now has from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, do execute this Mutual Release thisc~__~day of ~=~t.~, 2004 Dated ~_.._~.-~ ~.) I~t ~00 0V ~_~..rr~gr r55~, ~,~~ ,~r V~/ness Dated Dated / / ' ROBERT AUSTIN Dated 44/e9~ {SEAL} 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ROBERT AUSTIN VS. SHARON CURL Plaimiff Defendant NO. 03-3570 CIVIL TERM CIVIL ACTION - LAW IN CONTRACT TO THE PROTHONTOARY: Please mark the above referenced action settled, satisfied, and discontinued. Respectfully submitted, DANIEL D. WORLEY, ESQUIRE 28 South Pitt Street Carlisle, PA 17013 Phone: (717) 245-9688 Fax: (717) 245-2165 Supreme Court ID # Attorney for Defendant Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court 1D # 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT R. AUSTIN, Plaintiff Defendant SHARON CURL, NO. 03-3570 CIVIL ACTION - LAW : DISTRICT JUSTICE APPEAL and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON CURL VS. ROBERT AUSTIN Plaintiff Defendant NO. 03-3676 CIVIL TERM CIVIL ACTION - LAW IN CONTRACT MUTUAL GENERAL RELEASE THIS MUTUAL GENERAL RELEASE is made and executed by Sharon Curl of 1000-A Otto Drive, Mechanicsburg, Pennsylvania,(hereinafter referred to as "Curl") and Robert Austin of 79 Clay Road, Carlisle, Pennsylvania, (hereinafter referred to as "Austin"). KNOW ALL MEN BY THESE PRESENTS, that pursuant to the agreement of the parties, and in consideration of the sum of $1.00 paid by Curl to Austin and the sum of $1.00 paid by Austin to Curl, each of the parties hereto, intending to be legally bound hereby, does hereby remise, release, quitclaim, and forever discharge the other party, his or her heirs, personal representatives, successors and assigns from all claims, demands, liabilities, actions, causes of action, suits, debts and contracts, of any nature whatsoever, both in law and in equity, especially and specifically all claims arising out of the issues raised in the pleadings in the above captioned cases and out of the parties' prior landlord/tenant relationship, ~vhich against the other party each may have or now has from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, do execute this Mutual Release thi~tay of ~~O~, 2004 §HX'R6 CU L' ' {SEAl.} Dated ~___hO_~2) *t 21:>O ~ Dated ~vI ~ ~ Dated ROBERT AUSTIN Dated 44/(2~ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, INC. VS. GARY G. VASSIL DENISE E. VASSIL CIVIL ACTION CIVIL DIVISION NO. 03-3804 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for AURORA LOAN SERVICES~ INC. hereby verify that on October 14~ 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~IPcoDE 1 29~0~33