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HomeMy WebLinkAbout03-4010COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL D/STRICT NOTICE Of APPEAL DISTRICT JUSTICE JUDGMENT ,OMMON,,,* N.. NOTICE OF APPEAL Notice is given that the appe/lant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the ~ ~dc~~n the case mentlotmd belo~ This block will be signed ONLY whe th's notofian is required under Po. 'R~C,PJ.P. Nc~ ffappe/lantwasCLAIMANT($eePa. R.C.P.J.P. No. 1008& This 1'4otlce of Appeal, when mce['~ by the Dish*itt Jus~ce, will operate as a lO01(6)inactionbeforeDis~rictJustice, heMUST SUPERSEDEA$ to the judgment 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 (This section of form to be used ON£Y when appel/ant was DEFENDANT (son Pa. R.C.P.J,P. No. 1001(7) in action before Dist[ict Justice. IF NOT USED, detach from copy of not/ce of appeal to be seined upon appellon). PRAECIPE= To Protho4~c, tory E n fer rule u pon ~""~'~'"~ ~ ~ ~"~Na. ne~'~,,~ ~R .appellee(s).tofileacomplaintlnthisappe~ (Common Pleas Ncx ~-.-~ /~o I~ ) within twenty (20) days after s~'vice of rule ~ suffer entry of judgment of non pms. C: (1) You are notified that a rule is hereby entered upo~ you to file a cno~da~nt in ff~s appeal within twenty (20) days affer the date of service of h~s role upon you by personal service or by certified ar registered mail (2) ff 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 dote of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of serw'ce MUST BE FILED WITHII~ TEN (tO) L)AYS AFTER fiting the notice of appeal Check applicable boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........ ; ,SS AFFIDAVIT: I hereby swear or affirm that t served 1~ a copy of the Notice of Appeal, Common Pleas No ........... upon the Bistrict Justice designated therein (date ot service,) [] by personai service [] by certified) (registered) mail, sender s receipt attBched hereto, and upon the appellee, (hame) on [] by personal service I~ by (certified) (registered) mail, sender's receipt attached hereto, [] and further that t served the Rule to Fi!e a Complaint aceompanyin9 the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal ser',,'ice [2 by (certified) (registered~ mail, sepder's receip[ attached hereto SWORN (AFFIRMED)AND SUBSCRIBEB BEFORE ME THIS ..... DAY OF ...... Sigr~afure of s#iar~t My corem ssion ex~ res on COMMONWEALTH OF PENNSYLVANIA COUNTY OF: [.;uM~E~LA_ND Mag. Dist. NO: 09-3-04 DJ Name: Hun, THOMAS A. PLACEY A~d~es~ 104 S. SPORTING HILL RD. MECHANI CSBURG, PA Te,op,o~e:{717) 761-8230 17050 TINACAMPBELL 740 BERMUDIAN CREEK ROAD EAST BERLIN, PA 17316 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEandADDRESS ~HOLIDAY INN HARRISBURG WEST ~ 5401 CARLISLE PIKE MECHANICSBURG, PA 17050 VS. DEFENDANT: NAME and ADDRESS FCAMPBELL, TINA, ET AL. ~ 740 BER~uuIAN CREEK ROAD EAST BERLIN, PA 17316 L 3 Docket No.: Cd'- 0000250- 03 Date Filed: 5/14/03 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) damount of $ ~, 421 14 on: ants are jointly and severally liable. ] Damages will be assessed on: E~] This case dismissed without prejudice. DEFAULT OUUGMRN'T PLTF (Date of Judgment) (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 3,291.64 $ 129.50 $ .oo $ .oo $ 3,421.14 [~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ · ,. ~' ~ ' . Post Judgment Costs $ Porhon of Judgment for physical [] damages arising out of residential ============ lease $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT aY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION· YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE D STR CT JUST CE F THE JUDGMENT~OEBTOR PAYS IN F:U>LL, SETTLES, ,,n OR OTHER, WISE COMPLIESJ~/ITH THE JUDGMENT. : '~ · / ~ ~ ~ ,~t,-,:' ~ q ~q b~ Date ~'D~'du~¢¢., I certify that this is a true uc ings contain~he, judgm~t. : *~ ~1 05 Date ' ;'., , District Jdstice'~ ~y commission oxpiros first Mondag of Oanuarg, 200~ . S[~[ 4~, AOPC315-03 DATE PRINTED: 7/17/03 11:48:53 AM PROOF OF SERVI E OF APPEAL AND RULETO 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 [~= ¢'nnu nf thc, Nmir,¢, ~f Anr~I C,(~mm I 03--'uJ(~15 U on the DJstr ct Just ce des hated therein on .............................. on Peas No p g date of service) ~ _/~_~_~;z-~ _ , [] by,personal sery~ce ~. by (certified} (rc=.v.~.ad ma I, se receipt attached hereto, and upon the appellee, (name)_~U~.~,~ 8~1,I. ¢J-~_~J¢ on _~._~_. 16 , _~? ¢03 [] by personal service li~.by (certified) (re~Ji~,ea~) mail, sender's receipt attached hereto. I~and further that 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 __~Jc__l/- [] by personal service [~ by (certified) (r.~d) mail, sender's receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ~:~ '"~ ~_ _ DAY OF ~.¢_'~ --~le~fo~ic,a, ' ~- ,, I NOTARIAL OF ~NSA~ S~L My comm s~ior, exp es on / ~~fl"' -' J J Olll~rg eoro.. York ~mV J ~ C~on ~pir~ July 8, 2~ ~ / COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT OS-- NOTICE OF APPEAL Notice is given that the c~llent hes fi~d in t~ ~e ~ of ~ ~s ~ ~1 f~ t~ ]~f ~ ~ ~ ~$tr~ ~u~e ~ ~ ~E~AS ~ ~ j~t ~ p~sessi~ in this cas~ FILE A O~PLAINT within t~y 120 ) d~ after filing his ~TICE of A~AL. S~m of ~y ~ ~ty 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, detech fr<~w copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonot~'y Enter rule upon ~(~)~""~( .A ~'~"~ ~ ( .t '"~R , appeBee(s), to file a complaint in this appeal (Comm~ Pleas No. ~,.~ -- /~_ n ./,,~ } within twenty (20) days after service of rule or suffer entry of judgment of non pros. (]) You ore notified that a rule is hereby entered upon you to file a c~pl~inf in this ~ withirr twenty 120) day~a~ I~, date of service of this rule upon you by i:~'so~. I,secvice 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 YC~. (3) The ~ of service of this rule If service was by mail is the date of mailing. .. I . - AOPC 312-90 COURT FILE ?erfffie¢ [~ai,! Provides: .... ass Mar or Priority Mail ~u, e '" p' a USPS pos~r~n ...... g~J~%a fe~ waiver for Certified ~laif Pr0~ides: de,iv.ry To obl~in F~tu ,n [~eoeipt servicd, I~a~s(e c~mplete an~ttaoh a R~t~ ' c~ ~ th~ ,)t or, ce f:~r r)ostmArk~n9. If a p~stmark on ~l~ified Uai~ IMPORTANT: 5~ve t ~is r~ce~nl and present it when making an inquiry. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number r~ Addressee Printed Name) C. Date of Delivery Isdeliveryaddressdifferen/from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type ~'.Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 0007 8706 19S5r - - Permt Nb. G-~O · Sender: Please pri~'~3~a~e, addresstand zlP+4'ir' this box · · items 1, 2, and 3. Also Complete item, Delivery is desired. ~= Print yOL~r name and address on the reverse ao thet w~ can return the card to you. III Attach tMs card to the back of the mailpiece, ~ on f~efront if space permits. 1. Article Addressed to: ~ 2. Article Number ~7-ransf Certified Mail I"'i Express Mall [] Return Receipt for Merchandise 4. Restricted Deliver/? (Extra Fee) ~] Yes 595-02*M~1540 ~ "" address,~-'Zl~:4 'iff this box ° · Sender: Please Debra Foca, Esquire LAW OFFICES OF DENNIS P. TALTY 101 West Main Street Suite 200 Moorestown, New Jersey 08057 Telephone: (856) 273-8852 Holiday Inn Harrisburg West Plaintiff, Tina Campbell and Dewey Newhouse, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW FALLTERM, 2003 NO. ~'~ - .,/olo ~ 'T"'z..~-, NOTICE TO DEFEND NOTICE TO: Tina Campbell 740 Bermudian Creek Road East Berlin, PA 17316 Dewey Newhouse 740 Bermudian Creek Road East Berlin, PA 17316 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 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 YC)U CAN GET LEGAL HELP. The Cumberland County Bar Association 32 North Bedford Street Carlisle, PA 17013 717-249-3166 Debra Foca, Esquire LAW OFFICES OF DENNIS P. TALTY 101 West Main Street Suite 200 Moorestown, New Jersey 08057 Telephone: (856) 273-8852 Holiday Inn Harrisburg West Plaintiff, Tina Campbell and Dewey Newhouse, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW FALLTERM, 2003 NO. o 3- ,-cz) lo ~ '7",~.-., COMPLAINT 1. Plaintiff, Holiday Inn Harrisburg West, which is independently owned by Mechanicsburg GF Investors and operated by Central PA Hospitality, Inc., with a place of business at 5401 Carlisle Pike, Mechanicsburg, PA 17055, operates as a hotel in Cumberland County, Commonwealth of Pennsylvania. 2. Defendants, Tina Campbell and Dewey Newhouse have an address of 740 Bermudian Creek Road, East Berlin, PA 17316, in Adams County, Commonwealth of Pennsylvania. 3. On or about June 4, 2002, Plaintiff and Defendants entered into a written agreement wherein Defendants hired the Plaintiff to provide the facility and food for their wedding scheduled for June 7, 2003. A true and correct copy of the Agreement is attached herein and marked Exhibit "A". 4. Prior to entering into the Agreement, Defendants held themselves out to the public in general and to the Plaintiff as being financially able to fulfill their obligation. 5. Plaintiff relied in the representations of Defendants and entered into the Agreement. 6. In pertinent part, the Agreement provided for Defendants to pay 50% of the expected revenue to Plaintiff should there be a cancellation within 180 days before the wedding, and 100% of the expected revenue to Plaintiff should there be a cancellation within 30 days before the wedding. 7. At the time of the signing of the Agreement, Defendants reserved the date of June 7, 2003, with Plaintiff, and submitted a deposit of $250.00. A true and correct copy of the receipt for deposit is attached herein and marked Exhibit "B". 8. On November 11,2002, Defendants requested a change of date of reservation, from June 7, 2003, to September 6, 2003, as well as a change of guest count. 9. Plaintiff granted both requests. 10. In December 2002, Defendants requested another change of date of reservation, from September 6, 2003, to April 27, 2003. 11. Plaintiff again granted their request. 12. Defendants contractually agreed to pay $3,511.20 to Plaintiff by March 27, 2003, one month prior to the wedding reception. 13. When Defendants did not pay by that date, Plaintiff placed a call to remind them of payment. 14. Although several communications followed, Defendants did not formally cancel until April 16, 2003, less than 30 days before the wedding, stating that they could not pay for a wedding reception because they owed money for taxes. A true and correct copy of the message receipt is attached herein arid marked Exhibit "C". 15. Under the Agreement, Defendants owe 100'% of the expected revenue to Plaintiff because cancellation occurred less than 30 days before the wedding. 16. Plaintiff fulfilled all the provisions of the Agreement on its part to be performed including, but not limited to, reserving the date for Defendants in Plaintiff's busy season, as well as all other necessary preparations for the wedding reception. 17. Defendants have not fulfilled the provisions of the Agreement on its part to be performed. As a result of the above conduct, the Defendants have breached the 18. Agreement. 19. As a result of the breach of the Agreement by Defendants, Plaintiff has incurred damages in that it could did not schedule another reception in PlaintifFs busy season, which could have resulted in revenue. WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally, for damages, costs of suit, attorneys; fees and interest. LAW OFFICES OF DENNIS TALTY By: 'Debra Foca, Esquire Dated: CERTIFICATION OF TRIAL COLINSEL Debra Foca, Esquire is hereby designated as trial counsel for Plaintiff. JURY DEMAND Plaintiff demands a Trial By Jury of all issues raised by this Complaint. I~eb~'a Foca, ESQUIRE -- Debra Foca, Esquire LAW OFFICES OF DENNIS P. TALTY 101 West Main Street Suite 200 Moorestown, New Jersey 08057 Telephone: (856) 273-8852 Holiday Inn Harrisburg West Plaintiff, Tina Campbell and Dewey Newhouse, Defendants. : COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW FALLTERM, 2003 NO. VERIFICATION AFFIDAVIT I, Kenneth Kochenour, state that I am the ~..-..~-.'.~/....~ of Holiday Inn Harrisburg West, the Plaintiff herein, that I ~m authorized to make this affidavit on its behalf and that the facts set forth in the foregoing Complaint are true upon my personal knowledge, information and belief. Sworn to and Subscribed Before.~ne this I\ day Of "';PJ~'.¢~"/_~¢' ,2003. Not~r~ 15ubli~- -v t./ JENNIFER ATENCIO NOTARY PUBLIC OF NEW JERSEY coMM,ss o. EXPIRES DEC 49, 2006 Debra Foca, Esquire LAW OFFICES OF DENNIS P. TALTY 101 West Main Street Suite 200 Moorestown, New Jersey 08057 Telephone: (856) 273-8852 Holiday Inn Harrisburg West Plaintiff, V. Tina Campbell and Dewey Newhouse, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW FALLTERM, 2003 NO. PROOF OF SERVICE 1. I, the undersigned, am an employee of Debra J. Foca, Esq., attorney for Holiday Inn Harrisburg West, with regard to the above-captioned matter. 2. On September 12, 2003, I sent to be filed with the Clerk of the Court of Common Pleas of Pennsylvania, Ninth District, the following: a. Answer; and b. Proof of Service. 3. The above documents were sent via Federal Express, to the Clerk, Court of Common Pleas, Ninth District, Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, for filing. 4. On September 12, 2003, I also caused copies of the same to be delivered to the following: VIA CERTIFIED MAIL, RRR Tina Campbell 740 Bermudian Creek Road East Berlin, PA 17316 VIA CERTIFIED MAIL, RRR Dewey Newhouse 740 Bermudian Creek Road East Berlin, PA 17316 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment, j/~.~,~ ~ "~ .~'/-,~. A~ANOA FAULKE~~--'~ Law Clerk / Dated: September 12, 2003 ~ DPT-0605G