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Home My WebLink About03-3923COMMONWEALTH Of PENNSYLYANIA COURT Of COMMON PLEAS JUO~CIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT PL'AS 0 3' ? NOTICE OF APPEAL Notice is given that the oppellant has filed in the above Court of Commo~ Pleas an oppeal from the judgment rendered by the District Justice an the / Thk ~k wifl ~ ~ ~LY ~ ~is ~fl~ is ~dmd u~ P~ R~ ~ ff ~l~t ~ CLAIMANT (s~ ~. R.C.P.J.P. NO. l~8& .......... ~ .... ~s ~ of A~I, ~ ~ ~ t~ Distrkt ~sfice, will ~m ~ a 1~1(6) ~n ~ti~ ~f~ Dis~ict J~t~e, ~ ~ST ~PER~DEAS ~ ~ j~ ~ ~s~ in this case FILE A C~PLA/NT within ~y (20) ~ aH~ filing h~ ~TICE of A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be-~ed..ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from co~by~,,of n~ice of appeal to be se~,ed PRAECIPE.- To Prothonotary ~, , ) within Enter rule (Comnen Pleas ~ RULEr 1'o , appdlee(s). Name appellee(s), to file a complaint in this appeal (1) You am notified that a rule is hereby ~ smvice of this rule upon you by pe~soflal certified ~ r~ com~int in Ids appeal within twenty (20) days aftra the date of (2) E you PROS WILL BE ENTERED AGAINST YOU. (3) Th ed at eof service if se-vice was by mall is the date of ~?_O COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT AFFIDAVIT: i hereby swea~' o~ affirm tha~ i served the Rue was ~ddres~.e¢ ¢ } ............................. 20 ..... ~ by persona! service L~ by (cerbfied) ~registered) SWC/RN !'AFFH;:MEF)) AND SUSh'CR~BED [:d~,r:O~:~l::~,,:"~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDMBERL~ND Mag Dist. NO: 09-1-01 DJ Name: Hon. A~dress: 400 BRIDGE STREET OLDE TOWNE COLONS 'SUITE 3 MICHAEL LOWRY 214 WILLIS ROAD ETTERS, PA 17319 CORRECTED JUDGEMENT NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE F-MiCHAEL LoWRY NAMEandAD[~BESS. ~214 WILLIS ROAD ETTERS, PA 17319 L DEFENDANT: NAME and ADDRESS 6467 FOREST HILL CT Docket No.: C'V- 0000140- 03 Date F led: 3/31/03 TH'iS IS TO NO3;IFY YOU THAT: O o-dgi~ e~f: ...... FO~ D~F~NDANT ~ .... - ..... - ~ Judgment was entered for: (Name) ?,c~w'~¥, nAVTT~ w Z'~ Judgment was en[ered against: (Name) in the amount of ~ A00_00 on: {Date of Judgmem) [~ Defendants are jointly and severally liable. ] Damages will be assessed on: [~ This case dismissed without prejudice. ~--1 Amount of Judgment Subject,to Attachment/42 Pa.C.S. § 8127 $. [~ Portion of Judgment for physical ' damages arising out of residential lease $ Date & time~ Amount of Judgment $ o O0 Judgment Costs $ . O0 /-Interest on Judgment $ . O0 Attorney Fees $ 500 o O0 Total $ 500.00 Post Judgment Credit~ $ Post Judgment Costs ~ $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL ~N 30 DAYSqI~TER THE ENTR,Y OF JUDGMENT BY FILING A NOTICE ~ OF APPEAL WITH THE PROTHONOTARY/C/L,L~K OF THE COUR'~F COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTIC/E~OF JUDGMENT/TRANSCR~T FORM WITH YOUR NOTICE OF APPEA"L. EXCEPT AS OTHERWISE PROVIDED]N THE RULES OF CIVIL PROClSD~URE FOR D STRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGME,NT IN THE COURT OF COMMON PLEAS~LL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FI~THER PROCESS MAY BE ISSUED BY TH;~OISTRICT JUSTICE . UNLESS THE JUDGMENT ~'/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 COMPLINES WITH THE JUDGMENT, certify ti3at this is a [rue and correct copy of the record of the oroceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2008 . AOPC315-03 DATE PRINTED: 7/31/03 2:03:20 PM SEAL 03/W6 22 PH i;:~: C,U~,q~,iu CO y PROOF OF SERVICE OF NOTIOE OF APPEAL AND RULE TO FILE COMPLAINT AFFIDAVIT: ~ hereb~ swear )~ ~h'm !Y a~ i se~ed ,, ~-- ~ ~ upon ~ [)~s~ict JusbOe designated therein ~n E~ a~ ........... ,,.,¢ ....... 20_~_ ~ by persona~ senzice ~ by (certified} (registered) NOTARIAL SEAL WILLIAM H. BROWNSTEIN, Notary Public East Pennsboro Twp,, Cumberland Co. My Commission Expires March 22, 2004 COMMONWEALTH Of PENNSYLVANIA COURT Of~COMMOfl PLEAS JUDICIAL DISTRICT COMMON PLEAS NOTICE OF APPEAL o/.z-o.3 DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common P4~eos an appeal from the judgment rendered by the District Justice on the 1008& ff appellant was CL IMANT (ou= Pa. R.C.P.J.P. No. This Notice of Appeal, when received by the District Justice, will opeeate a~ a lO01( 6 ) in action before District Justice, heMUST SUPERSGDEA$ to the judgmeflt for possesslc~ in this case. FILE A COMPLAINT within twenty (20) days after Si~ of Fgoff~no~ary or Deputy hTing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT ~E TOFILE (This section of fon'n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.p. No. 1001(7) in action befcye District Justice. IF NOT USED, detach from'copy of notice of appeal to be sen/ed upon a~oellee). PRAECIPE, To Prothc~o~.y ~ ; w,m~rw~ y (2~! ¢6ys after ser~~f judgmer, t of non pros. RULE~ To ~ ,~b,.~ -- (2) If You d° n°t file a conq:~nt ~t~n ~s ,me, a.~DGMENT OF NON PROS WiLL BE E~ED A~T y~. Date: ,20. AOPC 312-90 COURT FILE CUMERLAND COUNTY COURT OF C, OMMON PLEAS Michael Lowry Common Pleas No: 03 3923 Plaintiff CivilAction Vs. Deborah Teel Kristopher Teel David Lowery, Sr. Melanie Lowery Defendants 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 20 days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a Judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. LAWYER REFERENCE AND INFORMATION SERVICE 32 S. Bedford Street Carlisle, PA 17013 717 249 3166 2 COURT OF COMMON PLEAS OF CUMERLAND COUNTY Michael Lowry Plaintiff Common Pleas No: 03 3923 CivilAction Vs. Deborah Teel Kristopher Teel David Lowery, Sr. Melanie Lowery Defendants COMPLAINT COMES NOW, PlaintiffMichael Lowry and files this Complaint and sues Defendants as listed above and states 1. Plaintiff Michael Lowry resides within the commonwealth of Pennsylvania. 2. Defendant Melanie Lowery resides within the commonwealth of Pennsylvania. 3. Defendants David W. Lowery, Deborah M. Teel, and Kristopher Teel reside within the state of Maryland. 4. These acts took place within the Commonwealth of Pennsylvania as well as within the state of Maryland. 5. The Court has jurisdiction over the parties. 1 COUNT 1 1. On or about March 31, 2003, the Plaintiff filed a Civil Complaint against the defendants at the District Justice Office, Charles A. Clement, Jr., Magistrate District No. 09/1/01. In that Complaint, Plaintiff sought judgment in the amount of $388.00 plus costs of filing in the amount of $74.00. 2. From approximately March 31, 2003 to July 31, 2003 three of the defendants intentionally on numerous and separate occasions asked for a continuance, in an effort to confuse the Plaintiff as all defendants have personal knowledge as to the vast scheduling complications that the Plaintiff is subject to. Consequently, on July 24, 2003, Michael Lowry was not able to make a personal appearance due to the fact that the wrong month, not date and time, were penciled into his calendar. 3. On July 24, 2003, a phone call was placed to District Magistrate Clement, 717 774 5989 at which time Plaintiffexpressed his sincere apologies to the Judge as well as the Defendants and made an offer in an effort to settle these issues at 50% of the amount of the Civil Complaint. However, that offer was turned down by lack of acknowledgement by the defendants. 4. The Plaintiff was doing the defendants a favor at their request due to the fact that two of the defendants were subject lb a Court Order for the return of the children which would have not been accomplished had it not been for the Plaintiff. 5. Due to the accidental scheduling conflict of the Plaintiff whereby the Plaintiff was not available, there was a last minute effort by the defendants to seek compensation in the amount of $500.00 for legal se~ices which the Plaintiff feels is unjust. Therefore, that Judgmem should have never been rendered. Further, proof of services has never been submitted. The Plaintiff is certainly entitled not only for his Complaint plus costs, but should also be emitled to the additional costs of this filing, as well as attorney fees associated with the filing of this Complaint. The Plaintiff feels he shouid be compensated for all costs associated with this suit. THEREFORE, Plaintiff demands judgment in the amount of $850.00 together with the costs associated with this Complaint. And that the highly questionable actions of some of the defendants which resulted in the mistakenly awarded $500.00 Judgment on July 24, 2003 be set aside. Michael Lowry, Pro se 214 Willis Road, Etters, PA 17319 717 938 3936 VERIFICATION I, Michael Lowry, pro se, hereby affums that the facts contained in the foregoing Civil Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 pa CS. Section 4904 relating to unswom falsification to authorities. Michael Lowry, pro se 214 Willis Road, Etters, PA 17319 717 938 3936 CERTIFICATE OF SERVICE I, Michael Lowry, pro se,~qe,rtify t..hat I served the foregoing Civil Complaint on this day via ~~/~i postage prepaid upon the following: Dated: 9-)0- O~ David W. Lowery Kristopher Teel Deborah Teel 6467 Forest Hills Court Frederick, MD 21701 Melanie Lowery P.O. Box 94 New Cumberland, PA 17070 Etters, PA 17319 (717) 938 3936 7 MICHAEL LOWRY, : Plaintiff : V. : : KRISTOPHER TEEL, : DEBRA TEEL, DAVID LOWERY: and MELANIE LOWERY, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3923 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Kristopher and Debra Teel, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: ?/~ i~z ~ By: Brian R. sinne~T', 'Esquire Attorney I.D. No. 84188 2411 North Front: St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this __ day of September, 2003, I hereby certify that I have served the foregoing Praecipe to Enter Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael Lowry 214 Wilis Rd. Etters, PA 17319 Eileen S. Smith, Secretary MICHAEL LOWRY, PLAINTIFF KRISTOPHERTEEL, DEBORAH TEEL, DAVID LOWERY and MELANIELOWERY DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 03-3923 CIVIL TERM CIVIL ACTION - AT LAW NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: MICHAEL LOWERY 214 Willis Road Etters, PA 17319 DATE OF NOTICE: September 23, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 Respectfully submitted, NEALON & GOVER By: "'~,rian 'R. ~nnett, Esquire Atty. I.D. 84188 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this ,z~ day of September, 2003, I hereby certify that I have served the foregoing Notice of Praecipe to Enter Judgment of Non Pros on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael Lowry 214 Wills Rd. Etters, PA 17319 Eileen S. Smith, Secretary MICHAEL LOWRY, Plaintiff KRISTOPHER TEEL, DEBRA TEEL, DAVID LOWERY and MELANIE LOWERY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3923 PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter a judgment of non pros in the above-captioned matter. Notice pursuant to Pa.R.C.P. 237.4 was previously provided and served upon the Plaintiff. (See attached Exhibit "A.") Respectfully submitted, NEALON & GOVER, P.C. Date: By: ~ ri~n R. S~i~n e~,~E~uire Attorney I,D. No. 84188 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 MICHAEL LOWRY, PLAINTIFF KRISTOPHER TEEL, DEBORAH TEEL, DAVID LOWERY and MELANIE LOWERY DEFENDANTS TO: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 03-3923 CIVIL TERM : CIVIL ACTION - AT LAW NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS MICHAEL LOWERY 214 Willis Road Etters, PA 17319 DATE OF NOTICE: September 23, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE· UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP· Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 Respectfully submitted, NEALON & COVER By: · tt, Esquire Atty. I.D. 84188 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 ,2, and 3. Also complete item 4 if Restricted Delivery is desired. m Pdnt your name and address on ~ne reveme so that we can return the card to you. · Attach this card to the back of the mai oiece, or on the front if space permits. 1. Article/~dressed to: 2. ~ticle Number q-ransfer from service label) PS Form 3811, March 2001 s delivery aadress different 'l-Yes [] No If YES. enter ae~very address ~ -~._. 3. Serv' e Type R:lfted Mall [] Express Mai istered ~.=,~,eturn Receipt for Merchandise [] Insured Meil/'r-lc.o.D. ,~ Restricted Delivery? (Ex'tm Fee) [] Yes MICHAEL LOWRY, : Plaintiff : : V. : KRISTOPHER TEEL, : DEBRA TEEL, DAVID LOWERY: and MELANIE LOWERY, : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3923 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and the docket discontinued. Respectfully submitted, Date: NEALON & GOVER, P.C. Michael S. Ferguson, Esquire Attorney I.D. No. 83882 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 6th day of February, 2004, I hereby certify that I have served the foregoing Praecipe to Discontinue on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Michael Lowry 214 Wilis Rd. Etters, PA 17319 Michael S. Ferguson, Esquire