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HomeMy WebLinkAbout07-5510 ;O pNWEALTH OF PENNSTLvr COURT OF COMMON PLEAS Judkiai District, County Of NOTICE OF APPEAL. FROM DISTRLCT JUSTICE JUDGMENT COMMON PLEAS Ik 0 7 --O O t:,l It" ?Ot NOTICE OF APPEAL the aWaant has filed in the above Court of Common pion an appeal from the judgment rendered by the District Justice on Notices is given that the date and in the case referenced below, OF Da. asT. p t0 RJR) `\ Cj , OCCOQ ?tj 0?7 This bbdc will be sWM vn" ••••?.....? __-- TW Not= P of Ap, when received by the District Am *m- will Won" as a SUPERSEDEAS to the jud9merK for possession in this case. dAolliondrN or 6-W-W 'ti??-x.1^.+0.-% appelsnt Was G7mmrw f?° - - - betore a Dis W Justice, A CPAWLAiNT MUST BE FILED within twenty (20) days SW mW the NOTICE of APPEAL- pRAECIPE TO ENTER RULE TO FILE COMPLAINT ANDS LE T) FILE a Jul IF action before strict - N was DEFENDANT (see Pa-R.C.P.D.J NOT USection SED, detach form h from be ooPr used Of no&* of appeal to be served upon S P?- or PRAECIPE: To Prothonotary ? apes), to file a oomPts? in tht appeal Enter rule upon Roe:. /?"?1W • of a meows) wa) within twenty (20) days agar nee or suffer entry of judgment of non pros. (Common Pleas No. Q ? ,? SS J 0 G ? s 22S Sund ' ,ao„M,,,,.9. ` appellees) R-0 beg-7 / /1!S ' RULE: To N.m. Of avawK?1 twenty (20) days after the date of service entered upon you to file a complaint in this appeal W" 1) You are notified that a nde is hereby mal. of thie rule upon you by personal asnAcq or by certified or (2) if you do not ilea complaint within this time, a JUregWered DGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. OL S sq„ am of or o.PW Date: 20 0 L YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 APp?ANi'S COPY WHITE - COURT ME TO SE FRED WRH PROTHONOTARY GREEN - COURT FILE YEILLOW " ON APPELLEE GOLD -COPY TO BE SERVED ON' DISTRICT PINK - COPY TO BE SERVED ....w -, (Th' JS Nrvoi Al •-•• • eerT. fltEt?:il "t yJ DAYS AIL AJN© RULE TO T. AJCTER flfing of the notk6 ofgpQeB boxet.) COMMONWEALTH OF PENNSYLVANIA COUrITY OF ss AFFIDAVIT I hereby (swear) (affirm) that I served a Dopy of the Notice of Appeal, Common Pleas ------" upon the District justice designated (date of service) therein on , 20 by per=* s sender's receipt attached hereto, and upon the aDpeAee, (name) ervice Q by (certified) (registered) mail, . 20 , on sender's receipt attached hereto. Q by Personal svicae? by *IWW ( ) {)`, THIS) (AFFIRW) ARID S ED BEFORE ME DAY OF , 20 .. Sign<rteerr of cllFp befte a vrt rigs inide Signature of aftnt My commission expires on 20 Z1L'kj v r° C? COMMONWEALTH OF PENNSYLVANIA COUNTY Ur Mag. Dist. No.: 09-3-04 MDJ Name: Hon. ITHOM" A. PLACEY Address: 104 8 SPORTING HILL RD 3113CHA]RI128BURG, PA Telephone: (717 ) 761-8230 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS f-COLLIZIll, R01111 MV 613 BLDHBILL DAM BTTEHS, PA 17319 L DEFENDANT: r-BOYIY, zn=L 30 ASHBV29 DRIVZ 1[ECH71?RXceBu", PA VS. NAME and ADDRESS 17050 J L J =IMML BOTIM -- 30 ASHBUItti DRXVE Docket No.: CV-0000211-07 11113CHMCBSUR i, PA 17050 Date Filed: 4/04,/07 THIS IS TO NOTIFY YOU THAT: 9/10/07 .Judgment: - YOR PL7?rWI? - (Date of Judgment) _ © Judgment was entered for: (Name) COLLIU, ROB>siftT Judgment was entered against: (Name) DOM, ZIILEM in the amount of $ 5, 332.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 5,175.00 Judgment Costs $-137.56 Interest on Jpdgrrient $ .00 Attorney Fee's $ .00 Total $ 5,332.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 Ml1Y BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. W- -.-1917 Date I certify that this is a jn orrect copy of the rd of the 2Z-/ 0+- I Date My commission expires first Monday of January, 2010 AOPC 315-07 DATE PRINT'9It: 9/10/07 District Judge intainin, g the judgment. Magisterial District Judge . SEAL 2:07:00 PK c0 Ul s Fee postage Certified Fee f1J Retumen Req fired) O (Errdoree O (E^ ^ed18 tiReQuired) fU Tofu postage & Fees tU O ant To I f .? o P0a°x "-°=--- v , Zip+a PROOF Of 5b NW r M (This proof of service MUST BE Fl 7, TIN ?x COMMONWEALTH OF PENNSYLVANI COUNTY OF (1 t YY\ t 1/1 AFFIDAVIT: I hereby (swear) (atft0#0 'i served lJ a copy of the Notice of OW", Common Pleas ' (date of service) • 28 .1 mow; sender's receipt attadWhekitrto, and upon the a 20 ? by sender's receipt attach"I> . IRMED) was me= ti4 K. KK 12. 5 1A poavna* %235 Nara $4.00 pyM9l'? 15.7 _ {? N p o -r: K - TO Z !' Zj m -71 <._ o 8 u . ..,, , cn Check applicable boxes.) j , designated therein on rti lied) (registered) mail, on (registered) mail, Signature of affiant e COURT OF COMMON Judicial District, Count- Of FROM DISTRJCT JMETmE ju T WTICE Of APPEAL Notice is given that the appetlent hm "d in ft abom Court of Comrnon Plan an appaal from the judWn" renderedby the MoURA Justice on the date and in the Nora rebrenced 1 fag- C K (arnrrri ` j wt n I nm oK= ww De done ONLY when notation is requwed under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by** District Justice, vA l operate as a SUPERSE W to the judgrnentfor pos lon in dit cue. NOTICE OF APMAL Nanr was Chiiiif (see LA kl before a District Justice, A COMPLAINT MUST BE FILED w 4y (20) days after MV the NOTICE of APPEAL. PRAECOPE TO it R RUM TO FR,E COUKAW A WK" TO F" (This. section of form to be used ONLY when app~ DEFENDANT (see Pa.R.C.P.D.J. No. IWI(7)17 action befipne Ofsbid Justice. IF NOT USM dom* from copy of rro*#,of upped to be d upon SPpupbe. PRAECIPE: To Protfianotary Enter rule. upon ?0X11 I I--, aPDeNee(s), to No a comph*d in Mrs appeal Name of appef!ee(s) (Common Pleas No. 6 7 r J ;-/ 0 CY?A I wWM twenty (20), days after rule or suffer entry of ud nrent of ran pros. RUNE: To apPe(s) im w at s) (1) You Vie`' a rule is entered upon you to W a ? in Oft ameat within twenty (20) days <after the date of Sam" of #rie nit upon jou aarWc#? or by OWW or ft*W*d*W. (2) t( you do not Me a room t win this Nrne, a JUDGMENT OF NON PROS MAY BE ENTERED AQAJWT YOU. Q) The daWof se vim of.9*,,nft# service was by maM is the date of t0 we rn WkV. Y Woer 'vICiJ >* 'Y THE NOTME OF A 1tT WpT FOIL VATN THl&AVrWE' AOPC 312-02 WHITE - 0WW FILE TO BE FILED WITH PRdTliONWAOY ROBERT B. COLLINS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. XIMENA R. BOYER, NO. 07-5510 CIVIL TERM DEFENDANT CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 ROBERT B. COLLINS, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. XIMENA R. BOYER, NO. 07-5510 CIVIL TERM DEFENDANT CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Robert B. Collins, by and through his attorney, Robert P. Kline, Esquire, and states as follows: 1. Plaintiff is Robert B. Collins, an adult individual who resides at 613 Bluebill Drive, Etters (Newberry Township), York County, Pennsylvania. 2. Defendant is Ximena R. Boyer, an adult individual who resides at 30 Ashburg Drive, Mechanicsburg (Silver Spring Township), Cumberland County, Pennsylvania. 3. Between January and March, 2007, Plaintiff loaned to Defendant the sum of $5,175.00, as follows: (a) On January 12, 2007, the sum of $2,300.00; (b) On or about January 31, 2007, the sum of $675.00; (c) On or about February 5, 2007, the sum of $700.00; and (d) On or about March 5, 2007, the sum of $1,500.00. 4. As of the date of this Complaint, Defendant has refused to repay Plaintiff the monies that Plaintiff had loaned to Defendant. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $5,175.00, together with costs of suit. q c7 C-T 2 von DATE Respectfully submitted, ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint 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 unworn falsification to authorities. , / zv/ Date ROBERT B. COLLINS CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Complaint upon Ximena R. Boyer, Defendant, by depositing same in the United States Mail, first class, postage pre- paid on the 9th day of October, 2007, from New Cumberland, Pennsylvania, addressed as follows: Ximena R. Boyer 30 Ashburg Drive Mechanicsburg, PA 17050 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ? a ti's = y co .?. ROBERT B. COLLINS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. XIMENA R. BOYER, NO. 07-5510 CIVIL TERM DEFENDANT CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT B. COLLINS No. 07-5510 CIVIL TERM VS. CIVIL ACTION -LAW XIMENA R. BOYER ANSWER AND NEW MATTER AND NOW comes the Defendant, Ximena R. Boyer, by her attorney, Harry M. Ness, Esq., and files this Answer and New Matter based upon the following: 1. Admitted. 2. Admitted. 3. Denied. It is specifically denied that between January and March of 2007 the Plaintiff loaned the Defendant any sums of funds and Defendant is without sufficient knowledge, information or belief as to the amounts as set forth in the Plaintiff s Complaint and proof thereof, if relevant, is demanded. 4. Denied. It is denied that the Defendant has refused to pay the Plaintiff as there was no loan between the Plaintiff and Defendant at any time. NEW MATTER 5. Defendant's Answers as set forth in paragraphs 1 through 4 above are incorporated herein by reference as though set forth in full. 6. The Plaintiff and Defendant entered into a romantic relationship as early as February 2005 that continued through March 2007. . 7. The Plaintiff and Defendant during that period of time enjoyed this personal relationship with the Plaintiff finding himself residing more and more with the Defendant until the time the relationship was ending. 8. The Defendant lost her employment during this period of time and the Plaintiff told her that because of his strong feelings and affection for her that he would not allow her to lose her home and that because he felt their relationship had future potential that he would contribute towards the maintenance of the home and gifted her on occasions funds that she used to meet the expenses of the house, expenses for a medical procedure for herself and other incidentals that they mutually enjoyed and shared. 9. The Plaintiff repeatedly told the Defendant during this period of time that when he was helping her that these were to be considered gifts and not loans and she at no time had any responsibility to May the Plaintiff. 10. The Plaintiff only demanded return of any funds he had expended for their mutual benefit after the parties separated at the request of the Defendant. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, HARRY M. NESS, ESQ. (23936) 109 E. Market St. York, PA 17401 717-845-7695 Attorney for Defendant VERIFICATION Answer and New Matter The foregoing is based upon information which has been gathered by my counsel in preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Answer and New Matter to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the j content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. Section 4049 relating to unsworn falsification to authorities, which provides that if I I j knowingly make false averments, I may be subject to criminal penalties. Dated: 10 Z Q 7 ?`:'? N c__ „ ? 3 r ?-" 4 ? ?,?~r; t ?_?"> -- :. ? t i ?? ? 2 ROBERT B. COLLINS, PLAINTIFF VS. XIMENA R. BOYER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5510 CIVIL TERM CIVIL ACTION - LAW ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Robert B. Collins, by and through his attorney, Robert P. Kline, Esquire, and files his Answer to Defendant's New Matter, as follows: 5. No response required. 6. Denied. Plaintiff and Defendant dated briefly from March to May, 2006, from the end of June to the beginning of July, 2006, and from January, 2007, to March 7, 2007. 7. Denied and proof demanded. By way of further answer, Plaintiff and Defendant never resided together at either Plaintiff s home or at Defendant's home. 8. Denied as stated, proof demanded. By way of further answer, Defendant requested to borrow money from Plaintiff from time to time which she promised to repay at such time as she obtained new employment. 9. Denied. On the contrary, it was Defendant that requested to borrow the money from Plaintiff and, at all times, it was understood between the parties that Defendant would repay the money to Plaintiff when she obtained and began new employment. 10. Denied. Defendant promised to repay the money when she obtained and began new employment. However, when Defendant obtained new employment, she promptly broke off the relationship with Plaintiff and advised him at that time that she would not be repaying the loans. WHEREFORE, Plaintiff demands judgment against Defendant as set forth in his Complaint. DATE Respectfully submitted, ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff • VERIFICATION I verify that the statements made in the foregoing Answer to New Matter 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 unworn falsification to authorities. Date / 1 2,01?1 41f- ROBERT B. COLLINS CERTIFICATE OF SERVICE r t I hereby certify that I served a true and correct copy of the foregoing Answer to New Matter upon Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the )4LIe day of November, 2007, from New Cumberland, Pennsylvania, addressed as follows: Harry M. Ness, Esquire 109 E. Market Street York, PA 17401 Attorney for Ximena R. Boyer, Defendant "---) V ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ,T ? ? hJ ?` x ' ?? ? ` 2'? « ROBERT B. COLLINS, PLAINTIFF VS. XIMENA R. BOYER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5510 Vol DEFENDANT RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R o b e r t P. K l i n e, E s g u i r e , counsel for the plaintiff/def9ttdmX in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5 , 17 5.0 0 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert P. Kline, Esquire and Harry M. Ness, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. c submitted, Robert P. Kline, Esquire ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY VA -(CP- ROBERT B. C 0 LL I N S , IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. XIMENA R. BOYER, NO. 07-5510 DEFENDANT RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R o b e r t P. K l i n e, E s g u i r e , counsel for the plaintiff/deot:D M in Re a%e action (or actions), respectfully represents that: _ --j 1. The above-captioned action (or actions) is (are) at issue. C) 2. The claim of plaintiff in the action is $ 5,175.00 - : rv The counterclaim of the defendant in the action is $0.00 - The following attorneys are interested in the case(s) as counsel or are otherwise disqual oed tQsit as arbitrators: CD Robert P. Kline, Esquire and Harry M. Ness, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 18116 zsubmitted, P 6, Robert P. Kline, Esquire ORDER OF COURT AND NOW, ,200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, 0 • i?j? r n -c EDGAR B. BAYLEY ROBERT B. COLLINS, VS. XIMENA R. BOYER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5510 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R o b e r t P. K 1 i n e, E s g u i r e , counsel for the plaintiff/&f&tdxt in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue 2. The claim of plaintiff in the action is $ 5, 175. 00 _ The counterclaim of the defendant in the action is $0.00 ? na :,.,- The following attorneys are interested in the case(s) as counsel or are otherwise disqu- fied t %s { as arbitrators: - - Z: ; Robert P. Kline, Esquire and Harry M. Ness, Esquire` WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. submitted, Robert P. Kline, Esquire ORDER OF COURT petition, AND NOW, Esq., and captioned action (or actions) as prayed for. , 200___, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ROBERT B. COLLINS, VS. XIMENA R. BOYER, AND NOW, PLAINTIFF DEFENDANT RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R o b e r t P. K l i n e, E s q u i r e , counsel for the plaintiff/defetWM in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5 , 17 5.0 0 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqu ifiedhi sitq as arbitrators: c?_ -T Robert P. Kline, Esquire and Harry M. Ness, Esquire, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) at tirators la -- ? a whom the case shall be submitted. submitted, .13 c:) _< Robert P. Kline, Esquire ORDER OF COURT petition, Esq., and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5510 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY RECEIPT FOR PAYMENT Cumberland Countyy Prothonotary's Office Carlisle, Pa 17013 COLLINS ROBERT (VS) BOYER XIMENA R Case Number 2007-05510 Received of PD ROBERT KLINE ATTY IM Total Non-Cash..... + Total Cash... + Change ............. - Receipt total...... = 24.00 Check# .00 .00 $24.00 Receipt Date 11/29/2007 Receipt Time 13:10:25 Receipt No. 201299 3354 ---------------- Distribution Of Payment ---------------------------- Description Payment Amount rl?T OF ARBITRA 24.00 CUMBERLAND CO GENERAL FUND $24.00 I r ? ? , ti DEC 0 3 2007,0^`1 ROBERT B. C O L L I N S , IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-5510 XIMENA R. BOYER, DEFENDANT RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R o b e r t P. K l i n e, E s g u i r e counsel for the plaintiff/defembIX in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5 , 17 5.0 0 The counterclaim of the defendant in the action is $0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert P. Kline, Esquire and Harry M. Ness, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. submitted, Robert P. Kline, Esquire ORDER OF COURT , in consideration of the foregolng AND NOW, JPA 2007 Esq., and petition. OA?"L Esq., and abAa? AAI?_ __ Esq., are appointed arbitrators in the above action (or actions) as prayed for. Bt t#e Cqur?,.' Z??14?V -I-\- EDGAR B. BAYLEY Y r=",J 00„?Pkl mailer Rom„ i ne, . Harry. mss,- fa/O7?Q7 3 ? t t i t' +t} ;- om' C3 ROBERT COLLINS, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. XIMENA R. BOYER, DEFENDANT 07-5510 CIVIL TERM ORDER OF COURT AND NOW, this 1 (4 _day of March, 2008, the appointment of William E. Miller, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Gregory J. Katshir, Esquire, is appointed in his place. By the rt, Edgar B. Bayley, J. A/e"'nry Coyne, Esquire Chairman regory J. Katshir, Esquire Court Administrator :sal ; rn 1 r ? tU C= L Q N U 11 ' ( Cl t? 11?n1Plaintiff Pl- Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.A2a_- S _S Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. - 1 , -W4 to- - '?L a 9& A C JL C"kel Signature ?Signature ?Sign e 1 t .t/C 6116A j 6. "OeklSQu 694601"1 leant, Name (Cha man) n Name Name Law F' m T Law Firm Law Firm ?? n rs t 35? r? t,CXC????2? P??a( ?' J Rc? MA&VAr sr Address Address I Address cw 94 c r ??}. MkuSct M 1no?5 r? we- AE-1?o?t? City, Z p #70/ , City, Zip City, Zip # 10(0 5a w or ( Award I" 15738 - We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are aw e they shall be separately stated.) 441 ? A WA (Insert name if Date of Hearing: a, 5? May- &_ Date of Award: '2-- n1 ctiv ., g I/ Notice of Entry of Award Now, the '?"4'_ day of , 200_, at oj,'5,Q_, __LD.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35b ., o0 By: Prothonotary Deputy Q? C°P? r :7o m IGl? w?? P. geoss, ROBERT B. COLLINS, PLAINTIFF VS. X ,1ENA R. BOYER, DEFENDANT TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5510 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please enter judgment on the Award of Arbitrators filed in the above matter on April 9, 2008, the time for appeal having expired, and assess damages in favor of the Plaintiff and against the Defendant as follows: Amount of Award: $1,500.00,1 Interest from April 9, 2008 -2L1 t 2) MDJ Costs 157.50 Common Pleas costs lLl, 00 Total: $ $o, _t3 ly submitted, DATE ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Damages assessed as above: Date: 511 o LiLs- K6 r7- Prothonotary _N a ? - n - _ (_. 7, , Z! 77 -- "?' --4 --j ROBERT B. COLLINS, PLAINTIFF VS. XIMENA R. BOYER, DEFENDANT To: Ximena R. Boyer 30 Ashburg Drive Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5510 CIVIL TERM CIVIL ACTION - LAW Pursuant to Pa.R.C.P. 236, you are hereby notified that a Judgment By Default has been entered against you in the above proceeding in the amount of $ /. Soo. o o on 5113 109 A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Date: 5//,3/0,3 s q'P. " 'J '0r4 Prothonotary Civil Division If you have any questions regarding this Notice, please contact the filing party: Robert P. Kline, Esquire Kline Law Office 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVLSION PRAECIPE FOR WRIT OF EXECUTION Caption: ROBERT B. COLLIINS, //a /3/ac-/J/ ,ll, Vt,? PLAINTIFF /73/9 V. XIMENA R. BOYER, ,30 O Aj, "A& DEFENDANT ?e lG q . e / 70.f0 ? Confessed Judgment Other File No. d7-s5 10 civil Term Amount Due $1,500-00 Interest $ 18.50 through D/23/2008 Atty's Comm $0.00 Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) All personal property of the defendant located at 30 Ashburg Drive, Silver Spring Township, Cumberland County, Pennsylvania PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of -C u m b e r I a n d County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) All personal property of the defendant located at 30 Ashburg Drive, Silver Spring Township, Cumberland County, Pennsylvania„ and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis ens a ti re o the defendant(s) described in the attached exhibit. 1 Date June 23, 2008 Signature: Address: Print Name: Robert P. Kline, Esquire Attorney for: Telephone: 714 Bridge Street P.O. Box 461 New rj irnher^ 1 and _ PA 17070 Plaintiff (717) 770-2540 Supreme Court ID No: 5 8798 ?- f w a O? a :71? Ate; ? ? ? -Tj " r M vk - , 'r-,- 7?0 -- U ; ..< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5510 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ROBERT B COLLINS Plaintiff (s) From XIMENA R BOYER 30 ASHBURG DRIVE, MECHANICSBURG PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 30 ASHBURG DRIVE, SILVER SPRINGS TOWNSHIP CUMBERLAND COUNTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,500.00 Interest $18.50 THROUGH 6/23/2008 Atty's Comm % Atty Paid $64.50 Plaintiff Paid Date: JUNE 23,2008 (Seal) L.L.$0.50 Due Prothy $2.00 Other Costs 210-k-WiL C s R. Long, Pr ait6fary By: Deputy REQUESTING PARTY: Name ROBERT P KLINE ESQ Address: 714 BRIDGE STREET P. O BOX 461 NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: (717) 770-2540 Supreme Court ID No. 58798 07 - ssicj R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 73.62 Docketing 18.00 76.38 Poundage 1.44 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 01/05/09 Mileage 10.00 Surcharge 20.00 Levy 20.00 Certified Mail Post Pone Sale Garnishee Postage 1.68 / TOTAL $ 73.62 J So Answers; R. Thomas Kline, Sheriff By audia rewbaker r? r° v 7f ?' CJ •C 9S :b V h Z NAr 0001 JAI83HS %V1 ?. se--o ON- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5510 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ROBERT B COLLINS Plaintiff (s) From XIMENA R BOYER 30 ASHBURG DRIVE, MECHANICSBURG PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 30 ASHBURG DRIVE, SILVER SPRINGS TOWNSHIP CUMBERLAND COUNTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himt1w that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,500.00 Interest $18.50 THROUGH 6/23/2W8 L.L.$0.50 Atty's Comm % Atty Paid $64.50 Plaintiff Paid Date: JUNE 23,2008 (Seal) REQUESTING PARTY: Name ROBERT P KLINE ESQ Address: 714 BRIDGE STREET P. O BOX 461 NEW CUMBERLAND, PA 17070 Attorney for: PLAINTIFF Telephone: (717) 770-2540 Supreme Court ID No. 58798 Due Prothy $2.00 Other Costs Cuts R. Long, Pr By: Deputy