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Home My WebLink About03-5257COMMC~NWSALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice ~n the date and in the case mentionod below. Shelly Moving ADORESS C~ AF~LLANT &Storage, Inc. PaulaP, Correal 9/11/03 Col. Duane williams ~ Shelly Moving &Storage, Inc. This block will be ~ ONLY ~n ~is ~fi~ is ~ulmd u~m P~ R~J~. ~ If ~l~t ~ CLAIMANT (s~ ~. R.C.P.J.P. NO. 1008& This ~Nce of A~I, ~n ~ei~ by ~ ~strict Justice, will ~ as a ~PERSED~S ~ ~ ]~ ~ ~sd~ in ~is case FIef A C~PLAINT wJ~hJs ~n~y (20) de~ el~er fi#ng His ~TI~f of A~fA&. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon~ 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 CO1 · Duane Williams , appellae(s), to file a complaint in this appeal (Common Pleas No. &'~ - .~'-,~S'7 ~l[U [L~-T'~..F~ithin t',ve~y (20) days a~,~r service of rul~ or suffe~ entry of judgment of non pros. RULEr To Col. Duane Williams .appe~e~s). (1) You am notified that a rule is hereby entemcl 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 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. AOPC312-90 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 (10) DAYS AFTER filing 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 ¢ service) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)on [] by personal service [] by (certified) (registered) mai!, sender's receipt attached hereto. [] ~i~' iur{l~('{~"l ~r~ed 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 service [] by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .... TNe ot o#¢c a/ '.". ',~AOLA P. COP..~EAL 'PA 3330 -T.*~0~ (717) 240'6564 1+013-0000 i 8~Ki.T.yMOVING PO BOX 3125 YORK;: PA 17402-0125 INC. NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: ~WZLLIAMS, ~, CO~,M~S 1091 FA~I~ STATI~ F~RFI~, PA 17~20 DEFENDA~: ~8~LLY ~ING & ~E, ~C. ~ ~X 3125 YO~, PA 17402-0~25 M _ Doll No.: ~- 0000280- 03 Oat~ Filed: T/18/03 THIS IS TO NOTIFY YOU THAT: Judgment: .................... FOR PT.Aa m-rT~F ........................... ~ Judgment was entered for: (Name) ~T?,T,T&~R. I~TT~ C~f~r.~.wl~ R 1~ ~ Judgment was entered against: (Name) all~r,r,y ~erv-l'~G, ~ t~'l~O~]k~E, 'rNa. in the amount of $ 1,6~;1. RR on: Defendants are Jointly and severally liable. [--~ Damages will be assessed on: ~'-] This case dismissed without prejudice. r-~ Amount of Judgment Subject to I I Attachment/42 Pa.C.S. § 8127 Portion of Juogment for physical [] damages adsing out of residential lease $ ~:. , ,~ OR OTHERWISE CO~PLIES WITH THE JUDGME~I, .~,~. (Date of Judgment) (Date & T me) Amount of Judgment $ 1,593.08 Judgment Costs $ 68.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,661.58 Post Judgment Credits $ Post Judgment Costs $ $ Certified Judgment Total P,~R__':ry kI~_IH~_Pd{3I~..'rDAPJa_EAL.~iT~UIL'q~qO~Y.8 A£T. EJLT~:_F_~rZ'RY o;~U~Y FLUNG 4 NOTRE OFAPP~LWITH~EPROTHONOTARYICLERKOFTHE~U~OFCOMMONPLEA~,CIVtLDWISION YOU MUST (NCLUDE A CO~Y OF TH~ H~ICE OF JUDGMENT~RANSCRI~ FORM ~H YOUR ~TICE OF ~CE~ ~ ~HERWISE PROVIDED IH THE RULES OF CIVIL PRO~DURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO E~ER ~E JUDGMENT IN THE COURT OF ~HMON PLEAS, 'AL~.FU~HER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS ~ND NO FURTHER 9R~E~ MAY BE ~SUED BY THE DIST~ ~USTICE UNLESS ~E JUDGME~ IS E~ED IN ~E COU~ ~F COMMO~ PLE~, AN~'INT~TED IN THE JU~ME~ ~Y FILE A RE QUEST FOR E~RY OF 8A~SFACTION WITH THE DISTRI~ aUSTICE'IF ~E"~MENT DEBTOR PAYS IN~ULL, 9111/03 My commission expires first Monday of January, 2006 . AOPC315-03 ~)A~ PP. INT~D: 9/11/03 1:36=38 PM RAWLE & HENDERSON LLe By: Timothy J. Abeel Analisa Sondergaard Identification Nos.: 23104/74223 The Widener Building One South Penn Square Philadelphia, PA 19107 Attorneys for Defendant, (215) 575-4200 Shelly Moving & Storage, Inc. COL. DUANE WILLIAMS and MRS. E. WILLIAMS VS. Plaintiffs, SHELLY MOVING & STORAGE, INC., Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 2003-5257 RETURN OF SERVICE AFFIDAVIT TO THE PROTHONOTARY: Kindly file the attached Affidavit of Analisa Sondergaard, Esquire, of the law finn Rawle & Henderson LLP, attorneys for Defendant, Shelly Moving and Storage, verifying service of the Notice &Appeal fi.om District Justice Judgment and Praecipe to Enter Rule to File Complaint and Rule to File on plaintiffs and District Justice Paula P. Correal. Dated: October 14, 2003 RAWLE & HENDERSON LLP By: ~ J'~, v Timoth~Tj. Abeel /J Analisa Sondergazu:d Attorneys for Defendant, Shelly Moving & Storage, Inc. 883535 v.l / PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN~ (Th/s proof o! service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the not/ce of appeal, Check appficableiboxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm that I served [~(daC ,opy ,of the, N?tice..~of Ap. ppe. al, Corn ~r~n Ple~as~N~, ¢0~):._,~_ £ 5 ~__~2._, upon th..~.District Justice designated tt erein on re ~rser~ce¢;~~.~_~O., B by personal service ~_~registered) mail, sender's receipt attachedher~o, and ,pon the ~pe~ame) _ ~b~. ~H¢~f- ~t ]} I~ ;. on _~~', ~ B Y P al service ~(certified} (registered) mail, sender s rece pt attache hereto, ~and further that ] served the Rule to File a Complaint acco~anying the above Notice of Appeal upon the a~ellee(s)tb whom the Rule was addressed on ~..__~ ~"~ , ~ by personal service re~' mail, sender's receipt attached hereto. ~Y~ ~stered) / SWORN (A~[R~) AND SUBSC~ED BEFORE ME A · · ~ . / My commission expires on J~ ~--~ NANCY P MANGINI, Notary Public City of Philadelphia, Phila. Co~mty Commission Ex~ December C~ONY/SALTH OF PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL PROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~3 - NOTICE OF APPEAL Notice is g~ven ~ the ,apf~lant has filed in tf~e above Court of Common P~eas a~ appeal from the judgment rendered by Ihe DistTict Justice e~ the date and in the case mentioeed be~w. ~ o~ ,u~u~ PaUlaP. Correal ~helly Moving &Storage, Inc. 9/11/03 This block will be agned ONLY when this notatio~ is required under Po. R.C.P.J.P. NG 1008B. This Notice of Appeal. whefl recei~ by the District Justice. will operate as a SUPERSEDEAS to the judgment for possession in this cas& rs--' ~i.L~' ~oving &Storage, Inc. Il ~ll~t FILE A OOMPLAINT ~it~in ~t~ (20) tiling ~is Sigrm~ure 0~ F~ot/qono~ry ~ De~oui'y PRAECIPE TO ENTER RULE TO FILE CGMPLAINT AND RULE TO FILE No. 1001(7) in actio~ belor~.e Dis~ict Justice. IF 'NOT USED, de~ach from copy of notice of appeal to be served upon appm . PRAECIPE: To Prothonotary Enter rule upofl Col. D%tane Williams .al~lee(s),t°fileac°mplaintinthisapped Neme ot appe~ee( s) RULE: To ~ol. Dt~ane williams ,appo#ee(s). (1) Y~u am n~ified tha~ a:ru~e is'he~ ~temd ul~on you tO file a complaint in thb appod wifl~n twenty (20) days afte~ the date of smvice of t~s rule upo. you by personal seevice ur by ceefified o~ regis~ed mail (2) If you do not file a complaint within this time. a JUOC~NT Of: NON PROS WILL BE.L~ED AGAINST YOU. (3] The date of service of this rule if service was by mail is the date of mailing. . AOPG :312-90 COURT FILE · I~lnt your name and addm~ on the mveme ~o thet we can return the can3 to you. · ~ttach this card to the back of the mallptece, ~)r on the front If spa~e pemllts. PS For IO- D. I~ deiivmy addmee ~lffemnt from Item 17 i-I ye~ '~~ ri ~ M~ [] Regiatemcl [] Return Receipt for Merchandise [] Inlumd ~ [] C.O.D. r"lyea · Complete Item~ 1, 2, a~d 3. Nco ~Plete item 4 ff Restricted Delivery is desired. prir~ your name and addrees on the mveme so that we can return the card to you. Attach this card to the back of the maJlpiece, or on me ~ ~ ~ ~i~. PS Form 3811, August 2001 3. Se~ice Type '~..~tif!ed Mail [] Reg~temd [] In~umd Mall r] ~ Mai [] R~tum Rec~t f~ M~hand~e [] C.O.D. ~]'I:E I:,'1:&& (Loon flED;3 ;:3GO& ~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Return of Service Affidavit was served upon the below parties via by first-class mail, postage prepaid: Colonel (Ret.) Duane E. Williams and Mrs. E. Williams 1091 Fairfield Station Road Fairfield, PA 17320 RAWLE & HENDERSON LLP "' Analisa So~derga~d' -/ DATED: October 14, 2003 I 883535 v.1 Colonel (Ret.) Duane E. Williams 1091 Fairfield Station Road Fairfield, PA 17320 717-642-9699 Plaintiffs COL. DUANE WILLIAMS and COURT OF COMMON PLEASE MRS. DUANE E. WlLLIAMS CUMBERLAND COUNTY, PA Plaintiffs, VS. SHELLY MOV1NG & STORAGE, INC., NO.: 2(103-5257 Defendant. NOTICE OF INTENT TO DEFEND TO THE PROTHONOTARY: This is to inform you that Colonel (Ret.) and Mrs. Duane E. Williams intend to defend against the Appeal filed on behalf of Shelly Moving & Storage, Inc. For scheduling purposes, please be advised that we will be unavailable from November 14-December 3, 2003 and also unavailable on December 10, 2003. Colonel (Ret.) Duane E. Williams 1091 Fairfield Station Road Fairfield, PA 17320 717-642-9699 Plaintiffs COL. DUANE WILLIAMS and COURT OF COMMON PLEASE MRS. DUANE E. WILLIAMS CUMBERLAND COUNTY, PA Plaintiffs, VS. SHELLY MOVING & STORAGE, INC., NO.: 2003-5257 Defendant. CIVIL COMPLAINT TO THE PROTHONOTARY: On or about 6/27/02 Shelly Moving & Storage moved the furniture of Col (ret.) George Barber. During the move, the movers damaged the foyer wall and wallpaper. The entire wallpaper must be replaced in order to match-cost $1,593.08. The Company's insurer will not pay for full replacement. The damage was reported and acknowledged at time of damage. On 7/18/03 Plaintiffs filed a Civil Complaint against Defendant (Docket No.: CV- 0000280-03). Defendant filed a Notice of Intent to Defend. A hearing took place on 9/11/03 and Defendant and/or their representatives failed to appear as they had previously indicated A judgment was entered against Defendant in the amount of $1,661.58 for damages plus costs. Plaintiffs seek to have the appeal denied and the award stand as per the judgment rendered by The Honorable Paula E Correal, 12)istriet Justice, Magistrate District 09-2-01. I, Duane E. Williams, verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belie£ This statement is made subject to the penalties of Section 4904 and the Crimes Code (18 PA. C.S 4904) related to unsworn falsification to authorities. DUANE E. 1091 Fai~n Road Fairfield, PA 17320 717-642-9699 Col. Duane E. Williams and Mrs. Duane E. Williams Plaintiff Shelly Moving and Storage, Inc. Defendant : : IN THE COIfRT OF COMMON PLEAS : CUMBE~M~ COUNTY, PENNSYLVANIA : No. 2003-5257 : CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBI FRATORS~ TO THE HONORABLE, THE JUDGES OF SAID COURT: Duane E. Williams, the Plaintiff, in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $1,661.58 plus interest of 1 IA % per month from the date of the judgment. The counterclaim of the Defendant in the action is unknown. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Analisa Sondergard~ Rawle and Henderson, LLP and Delano Lantz, McNees, Wallace and Nurick. LLC. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case will bo submitted. Respectfully submitted O~RDER OF COURT ~AND NOW. ~ _..2004, in consi~ration of the foregoing Petition. ~A('~'d'~~-~re'~7;tS~4-5~ ~ Esquire, ~d ~ ~ ~ ~m, ~ a~inted arbi~tors in the a~ve~aption~ action (or actions) as pmy~ for. r',,-r.,, : A~qO I DUANE E. WILLIAMS 1091 FAIRFIELD STATION ROAD FAIRFIELD, PENNSYLVANIA 17320 717-642-9699 February 1, 2004 CERTIFIED MAlL 7002 3150 0006 1696 0280 Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 RE: Williams v. Shelly Moving & Storage, Inc., 2003-5257 Dear Sir or Madam: Enclosed are an original and one (1) copy of the Petition for Appointment of Arbitrators. For scheduling purposes, please note that I will be unavailable on February 13th and February 24t~ through March 5th, 2004~ Thank you for your courtesies in this matter, Very truly yours, Duane ~ Colonel (Ret.) Daane E. Williams and Mrs. Duane E. Williams Plaintiff : Shelly Moving and Storage, Inc. Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-5257 CIVIL ACTION - LAW RETURN OF SERVICE AFFIDAVIT TO THE PROTHONOTARY: Kindly file the attached Affidavit ofLinda P. Williams, Plaintiff, verifying service of the Civil Complaint and Notice of Intent to Defend to Rawle & Henderson LLP, attorneys for Defendant, Shelly Moving and Storage and President Judge Hoffer and Frances H. Del Duca, Esquire. Dated: March 15, 2004 RestriCted Total Postage & Feel CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Return of Service Affidavit was served upon the defendant's attorneys via certified, first- class mail, postage prepaid: Analisa Sondergaard Rawle & Henderson LLP The Widener Building One South Penn Square Philadelphia, PA 19107 Dated: March 15, 2004 COL. DUANE E. WILLIAMS and MRS. DUANE E. WILLIAMS V. SHELLY MOVING AND STORAGE, INC. · IN THE COURT OF coMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003-5257 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, March 15, 2004, the February 6, 2004, Order of Court appointing arbitrators is vacated. There is no record of service upon the defendant. · '/Col. Duane E. Williams 1091 Fairfield Station Road Fairfield, PA 17320 By the Court, · ,/Analisa Sondergaard, Esquire The Widener Building One South Penn Square Philadelphia, PA 19107 Z'Frances Del Duca, Esquire George Failer, Jr., Esquire Austin Grogan, Esquire PoJ. RAWLE & HENDERSON LLI' By: Timothy J. Abeel Analisa Sondergaard Identification Nos.: 23104/74223 The Widener Building One South Penn Square Philadelphia, PA 19107 Attorneys for Defendant, (215) 575-4200 Shelly Moving & Storage, Inc. ............... i ................. ...... MRS. DUANE E. WILLIAMS : CUMBERLAND COUNTY, PA Plaintiffs, : : VS. SHELLY MOVING & STORAGE, INC., Defendant. NO.: 2003-5257 ORDER TO SETTLE~ DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended. RAWLE & HENDERSON LLP Analisa Sondergaard / Attorneys for Defendant, Shelly Moving & Storage, Inc. COL. (RET.) DUANE E. WILLIAMS I. (Ret.) Duane E. Plaintiff DATED: 2004 954579 v.1