Loading...
HomeMy WebLinkAbout07-5578f 4? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. o 2.5S' 7e NOTICE OF APPEAL 1/,V/0-7 Notice Is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. Al lpnvipw TFkynPi-zmP_r.q Assn _ Tnc _ 09-3-05 Mark Martin ADDRESS OF APPELUWT CITY STATE ZIP CODE 3915 Market Street Camp Hill PA 17011 Haneawners Assn Inc Vs. CV YEAR 2007 LT YEAR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. If appellant was Claimant (see PA R.C.P.J.P. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) la action before district Justice, he A SUPERSEDEAS to the Judgment for possession In this case. MUST FILE A !COMPLAINT within twenty (20) days after filing',his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal Name of appeuee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of appeNee(s) Signature of appellant or his attorney or agent (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL 'BE ENTERED NGrrn Y uu UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Signature of Prothonotary or Deputy Proth. - 76 PROOF OF 85M QF N*r#M -?V r (* proof of aervios MUST BE FILIED "TWNlVN (lb)y DAYS AFTER S V the notice of appall. Ct" a oozes) COMMt WEALTH QF PSWOYLVANIA COUNTY OF ' :Is AFFIDAVIT: thwebrowssroraffihmVwtmved 0 a copy of the Nodcoe of AppeN,5Gonrrwn Pleas No. upon "'Q" et uw de lpn "4wei" (dais of service) yerir 0004WOUMm C wed) mak, senders reoW alledwd hereto, and upon tis appellee. (name on . year . ? by p emonal service ? by ( ) (repbtwed) nwA, sanders rsoeipt atbdted hereW. r' 0 and 4x#w l served the ,tip Fflp a ConVlaint acoompsnyinp the above Nodoe of Appeal upon the appefigeW Ito whom the Rub was addressed on year oby personal service []by (cast W) (registered) maN..aandW$,rw#pt qd tw!eto. SWORAt OREi D) AND SU83CRtf W BEFORE ME THIS DAY OF , YEAR sry mftw oarlri t 30"knor~1 ?1 --A-, a' IM nw* M aoAkew My coffm*sion expires on , Year ? se [? Z En -D C! ?? N ? N -COMMONWEALTH OF PENNSYLVANIA COUNTY OF:- C[il®lILLAHD Mag. Dist. No.- 09-3-05 MDJ Name: I loo. "re"' 507 $ T01M ST NRCRARICODURG, PA zeeh:,o.,N (717) 766-4575 17055 ALL NVIRK H+WatI1fH8It8 ASSN INC NOTICE OF JUDGMENT/TRANSCRIP CIVIL CASE 'PLAINTIFF: NAME and ADDRESS ILLHtI71M HOMEONJRM ASSN INC 3915 XARKzT ST CAflLP BILL, PA 17011-4227 L vs. DEFENDANT: NAME and ADDRESS rSIXPSOx, LOHHMM 942 A IJJMVIEN DRIVE 1113CHANICSBVRO, PA 17055 L 3915 >tri> XzT ST Docket No.: CV-0000202-07 CAMP HILL, PA 17011-4227 Date Filed: 6/14/07 ___ TI0,9 IS TO NOTIFY YOU THAT- Judgment: FOR PLAINTIFF (Date of Judgment) 0/24/07 LXJ Judgment was entered for: (Name) ALLEHVIEII HO>k80NJNHitB, ASSN IN Judgment was entered against: (Name) SII[PSON, LORI== in the amount of $ 727.4 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Cj Amount of Judgment Subject to Attachment/42 Pa.C.S. §8127 Portion of Judgment for physical damages arising out of residential lease S_ Total $ 727.41 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANV 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. COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 'UNtESS THE . D: UFO ANYONE litTERES-TEO:IN THE JUDGAWOAAY- FILE •A,IWQI'J?S7?'FpR ENT OF ? 'T'tSF%KCTION W TH THE NIAG STERIAL`bIST4RICTDUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERk11v ISE COMPLIES WITH THE JUDGMENT. C c k' oate M gl ? l I ?I$trlCt'Jl?d e' 0 r; ' I Eettifiy that `#hls is ."a true aim crsi r6d t epy"?of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPG 315-06 DATR PRIENTED: 9/24/07 3:45:00 PH Ln / . / . IT Ln delivery For rue! -0 ! ul Ln postage I , , $ 1 cc '. Certified Fee ?' • M 0 Return Receipt Fee . 0 (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) t,U 5 0 ? Total Postage & Fees $ ` ru -a Sent TO Lorr0. ine S,m M -- or PO Box No gy a ----------------- F ?PPU? E __ .Sd.l • I r9 (Domestic Mail Only; No Insurance Coverage Provided? var3ge Provided) M For delivery information visit our website at www.usps.comt 7?O LLn Postage $ 1 Certified Fee 22 M { p Return Receipt Fee a 15 rk 0 (Endorsement Required) • • i'' Here, V He ? r-3 Restricted Delivery Fee pi ? •; e "` t ' r / 0 (Endorsement Required) N C.? 1.171 $5. 21 /Z671 Total Postage & Fees ` i Sent To mar K fY)ov '"---°' 55reet„ apr.' Iuo.; ------------------------------- 0 or PO Box trio. 501 N. y 0 r lc Koaj ------------------ ---------------------------------- ^s ------ ------------------- 04State,ZIP+4 i'YlechaCl(cS r I SOS 1-705 pjjjW 'CWF dssrOwe MUST 4 OWjWYCW Q ....,?-_ .. ?.,... - Ass Alibi AMD JWLE TO'FIL E COWtANT DA MV V» r>rod W ,Ot sPP". O*ck app IMble bosses) spgygrmtthetiiteMp,?ef/?nI?L?Mi?.f!'?11* .a-5 -75 opt '1 • r•r . R. upon the Dg ict Jus** deisonsi aid # WOW on prrslorwl serrks (rimed) (reostenld) ftit, --•on I ) (r'SOWWOO rnd. sender's receipt attached he»10. I! "n r-p e 1 0", obn - iiistloe Of Appssl upon me apes) a tsfid Ad*e? t#11t t rMs.d w1. 4 , set rrt#e tai WO a NNOWss ?b!? ptsrsoral "Mom [3b' (certlfied) {reglabshsd) iMMsDfIMII (A?4 4-4. W'` -' y rN f P, w Cn PY it r , COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COURT OF COMMON PLEAS JUDICIAL DISTRICT COMMON PLEAS No. l 07 ss7E C'UAY NOTICE OF APPE441. ?% fed q?a? ©7 Notice to given that the Sppeilartt 11081111ed In the abose COW of Ctitnmon PAsa an appeal 'from the Mill" wit rentIered by ft Dis- Md Juatk6e on the date and in the case rr*rA*md bobw. NAM OP MPM11 ANT MA6. 01ST. No. OR N"OF D.J. = 'V APPELLANT My STAIM #P CODE 3915 Market Street 41MM Hill PA 117[191 urrrcw.ruva T W YM CAM,aF PMAHW7X4-) M12AIA7 Q= vs, CLJMM NO. CV YEAR 2077 LT YEAR Ttlis block wM be Signed ONLY when this rt klrr IS reored under PA. apiaeNara tees Clo t ( PA R.C.P.J P. R.C.P.J.P. No. 100138. This r ce of Appeal, when received by the District Justice, will operate as No. 1001(6)) In scdon b®(on9 dWct Justice, he A SUPERSE kS to the Judgment for.poes n in this case. MUST FILE A COMPEAW wi t •t"rtty (20) days attar fiNng his NOTICE of APPEAL.. :J:P.`Nb. 100IM th aulbn b9en°e District Justice. PNAECIPE: To Pnoeonotary Enter rule upon appelloWls), to 09 a oompiaint h fts appeal AlMrpa cfappeffwa) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judge ono i' non pros. of appelikint it * attorney or agent RUIZ To Namrofap0slN*-a) M* sectbn of form to be used ONL) IF NOT USED, ' 1 P-,'- *w ogipy of rw (1) You are notilled that a rule is hereby entered -upon you to file a compisint in this appeal within twenty(20) days after the date of service of this Pile upon you by personal service or by oortitieid°br registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PRQS WILL :BE ENTERED AGHiN-C r'GU UPON PRAECIPE. (3) The date of service of this rule if service was by mail Is the date-of the mailing. Date: , Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy SignadXe ofProttwrprary or Deputy Proth. - 76 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALLENVIEW HOMEOWNERS ASSOCIATION INC., Plaintiff, VS. LORRAINE SIMPSON 942 ALLENVIEW DRIVE MECHANICSBURG, PA 17055, Defendant. TO: Lorraine Simpson 942 Allenview Drive Mechanicsburg, PA 17055 NO. 2007-5578 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 OBJECTION 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 -`% (717) 249-3166 Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 Attorney for Plaintiff Michael S. Travis Attorney at Law ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALLENVIEW HOMEOWNERS ) ASSOCIATION INC., ) NO. 2007-5578 Plaintiff, ) VS. ) LORRAINE SIMPSON ) 942 ALLENVIEW DRIVE ) MECHANICSBURG, PA 17055, ) Defendant. ) COMPLAINT The above Plaintiff brings this action against Defendant to recover the sum of $988.56, with court costs and attorney's fees thereon as hereinafter stated, upon the following cause of action: The Plaintiff, Allenview Homeowner's Association, Inc., also known as Allenview Homeowners Association, has its principal office at 3915 Market Street, Camp Hill, Pennsylvania, 17011. 2. The Defendant, Lorraine Simpson, is an individual located at 942 Allenview Drive, Mechanicsburg, Pennsylvania, 17055. COUNTI ASSUMPSIT 3. Plaintiff is a homeowners association, providing property maintenance for common areas of the development known as "Allenview." Defendant is a resident of the development and member of the association. 4. Plaintiff receives services under the homeowners association according to Article V of the Declaration of Covenants and Restrictions to which the Properties are subject and recorded in Miscellaneous Book Volume 300, Page 215. n 5. The association fees charged are reasonable and customary for the members of the association. 6. Plaintiff has or will provide the services rendered for the period in question, March 2007, through February, 2008. 7. Defendant has failed to provide full payment for the amounts due of $988.56 for March 2007 through February 2008 consisting of $960.00 in dues, and a late charge of $14.40. 8. Plaintiff has also incurred Court Costs of $74.00 before the District Magistrate. 9. After demand, Defendant has failed to pay the amounts due. 10. Plaintiff has incurred reasonable attorney's fees and costs in the collection of the amounts due. The amounts are payable pursuant to Paragraph 9 of the By-Laws of Association. WHEREFORE, Plaintiff demands judgment against Defendant for $988.56 plus accruing late fees, interest and reasonable attorneys fees and costs. COUNT II UNJUST ENRICHMENT 10. Plaintiff incorporates paragraphs 1-9 as though set forth at length herein. 11. Pursuant to the By-Laws of the Association, Article VI, the following services are provided: (a) own, acquire, build, operate, and maintain recreation parks, playgrounds, swimming pools, commons, streets, footways, including buildings, structures, personal properties incident thereto ...; (b) provide exterior maintenance for the lots and homes within The Properties; (c) provide garbage and trash collection; (d) maintain unkempt lands or trees; (e) supplement municipal services; (f) fix assessments (or charges) to be levied against The Properties; (g) enforce any and all covenants, restrictions and agreements applicable to The Properties; (h) pay taxes, if any, on The Common Properties and Facilities; and (i) insofar as permitted by law, to do any other thing, that, in the opinion of the Board of Directors, will promote the common benefit and enjoyment of the residents of the Properties. The above services were provided to Defendant, and Plaintiff expects payment for such services. 12. Dues for the Homeowners Association are established based upon all members of the Association paying for services provided. 13. Failure of Defendant to pay fair charges for the services rendered, results in a benefit upon the Defendant, at the expense of other Association members. 14. At all times relevant hereto, Defendant was unjustly enriched by receiving the services without reasonable compensation. 15. By reason of the services rendered, an implied contract exists to pay the quantum meruit value of the services, of $988.56 plus late charges, fees and costs. WHEREFORE, Plaintiff demands judgment against Defendant for $988.56 together with contractually accruing interest, late charges at the rate of six percent (6%) per annum from March 2007, costs of suit and attorney fees to which Plaintiff is justly enti tted, Date: to-- ?'- S11 V11MI1 U• 1N1J ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALLENVIEW HOMEOWNERS ASSOCIATION INC., Plaintiff, VS. LORRAINE SIMPSON 942 ALLENVIEW DRIVE MECHANICSBURG, PA 17055, Defendant. NO. 2007-5578 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. /C)- Date llenview ome ?wn 's Association, Inc. authorized gent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALLENVIEW HOMEOWNERS ASSOCIATION INC., ) NO. 2007-5578 Plaintiff, ) VS. ) LORRAINE SIMPSON ) 942 ALLENVIEW DRIVE ) MECHANICSBURG, PA 17055, ) Defendant. ) CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid, or the means specified: Lorraine Simpson 942 Allenview Drive Mechanicsburg, PA 17055 Date: iO 0-6? IL) No. / / iVV 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 TR - .: , Tk r ?s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALLENVIEW HOMEOWNERS ASSOCIATION, Plaintiff, vs. LORRAINE SIMPSON Defendant. No. 2007-5578 PRAECIPE To the Prothonotary: Please mark this matter settled and discontinued Wc'h,del S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff Date: / ti?! Y v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ALLENVIEW HOMEOWNERS ASSOCIATION, Plaintiff, VS. LORRAINE SIMPSON Defendant. No. 2007-5578 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below individual via first class U.S. mail, postage prepaid: Lorraine Simpson 942 Allenview Drive Mechanicsburg, PA Date: ) 4 17055 ichae ravis 3904 Trindle Road Camp Hill, PA 17011 ?- ? r.,? cd? a ? e-? _ ?? :? ° t ? ? ' -?- -- ?? _ Y- . __ -- -, i m,-> , ? .. , ?. ? ? ? ? ,.t? ? -.r"'