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HomeMy WebLinkAbout03-5261COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the This black will be sigaed ONLY when this nototio~ is required under Pc~ R.c~rJ~. Nc~ ff appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will opmate as a l O01( 6 ) in action before District Justice, heMUST SUPERSEDEA$ to the judgment for possess~o~ in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothor~tary or Deputy PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of icrm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Dislrict Justice. IF NOT USED, delech from copy of notice of appeal to be served upon appellee). PRAECIPE: To Pmthanotory (1) You am notified thot a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days aftra 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 comp~int 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. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT COMI~,'tONWEALfH OF ?ENNSYLYAN ~ COUNTY OF ; ss AFFIDAVIT: hereby s~'~ a, flm' h ~ eceipt att ~ched heeto ant pos the ap}e ee ~ by perszna ~and fu herthat ;eyed he Ru}to ilo ,C),'n~air cccmgau r~}~?eaboveNo~iceo Sp~ a pc,-the ~ppel;ee(s) to w~om heRu~e .,~e I n COMMONWEALTh OF PENNSYLVANIA CO.I~TY OF: C~)3.~IBERL~a~]D 09-1-01 CHARLES A. CLEMENT, JR, ~e~%400 BRIDGE STREET OLDE TOWRE COMMONS -SUITE 3 17070 JOHN SCHEIDEMANN 2110 LOGAN STREET CAMP HILL, PA 17011 THIS IS TO NOTIFY yOU T~AT:.. ~Ju~On~ent: E~ Judgment was entereci for: (Namel E~ Judgment was entered against: fName) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADI~=~SSS FHUBBARD, JEFFREY/JACQUEL INE ~ 518 C/~LE aOAD CAMP HILL, PA 17011 DEFENDANT: -~'~AME and ADDRESS ~CHEIDEMANN, JOHN' 2110 LOGAN STREET CAMP HILL, PA 17011 Docket No.: CV- 0000308 ~ 03 Date Filed: 7/15/03 FO~.-.p~iNTiF~ ~C. RRTDI~4ANN, JO~ in [ne amount of $ ~,4'7. OD on: Defendants are jointl~ and seve~'a~y liable. Damages.will be assessed om, ,This case dismissed without prejudice. E~ Amount of Judgment Subject to AttachmentJ42 Pa.C.S. § 8127 $ --]Portion of Judgment for physical damages arising out of residential ~ease $ IDate of Judgment: Date & Time) Amount of Judgment $ 290.00 Judgment Costs $ 57 ,; 00 Interest on Judgment $ , O0 Attorney Fees $ .00 Total $ 3&7.00 Post Judgment Credits- $ Post Judgment Costs ~ $ CertifiedJudgment T6.tal $ AN'~ PARTY HAS THE RIGHT TO APP-EAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY PILING 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 D~STRICT 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 INTERESTE[~I~HE JUDGMENT-MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTtCE IF THE JUDGMENT DEB-~'OI~t,~'~S IH FULL,' SF~TTk. ES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .; SiP ~,- 2003Date - ';,District Justice~-. I certify that this is a true and correct copy of the record et the eroceedings containing tt~eiudgmem. Date , District Justice My commission expires first Monday of January, 2008 · AOPC315-03 DATE PRINTED: 9/05/03 2:33:57 PM SEAL Jeffrey M. Hubbard & Jacqueline A. Hubbard 518 Gale Road Camp Hill, PA 17011 Plantiffs In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action ~ Law Case No.: No. 03-5261 VS. John R. Scheiderman, 2110 Logan St Camp Hill, PA 17011 Defendant Complaint NOTICE YOU HAVE BI~EN SUED IN COURT. If you wish to defend against the claims set forth in the followif~g 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 ika writing with the Court your defenses or objections to the claims set forth against you. ~ou are warned that if you fail to do so the case may proceed without you and a judgmenl~may be entered against you by the Court without further notice for any money claimedlin 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 REFERRAL SERVICE Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 IN THE COUNTY COURT OF CUMBERLAND COUNTY, PENNSYLVANIA Jeffrey M. Hubbard & Jacqueline A. Hubbard 518 Gale Road Camp Hill, PA 17011 Plaintiffs vs. John R. Scheiderman, 2110 Logan Street Camp Hill, PA 17011 Case No.: No. 03-5261 Defendant COMPLAINT 1. The plaintiffs Jeffrey M. Hubbard and Jacqueline A. Hubbard are adults and reside at 518 Gale Road Camp Hill, PA 17011. 2. The defendant John R. Schneiderman is an adult and currently resides at 2110 Logan Street Camp Hill, PA 17011. 3. The defendant rented from the plaintiffs the 1st floor apartment located at 203 Bridge Street, New Cumberland PA 17011. The defendant resided at the apartment from 8/1/01 until 5/31/03. 4. The defendant caused damage to the interior kitchen wall (Large hole, approximately 18 inches by 26 inches). The defendant refused to repair or pay for the repair of damaged kitchen wall. The plaintiffs incurred a $250.00 expense for the drywall repair. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. During the defendant's residence at the apartment, the carpet located in the living room was stained in several places. The plaintiffs incurred a $115.00 expense attempting to have stains removed and carpet cleaned. 6. The appellant vacated the apartment without cleaning stove or refrigerator. Items left in the refrigerator had to be disposed of by the plaintiffs. The plaintiffs request a $25.00 labor fee for time and materials cleaning the oven and refrigerator. (The oven was purchased during the time the tenant resided at the apsrtment.) 7. The defendant left large pieces of furniture on the back porch (Couch, large wood backboard to waterbed). Items left on the back porch had to be disposed of by the plaintiffs. The plaintiffs request a $50 fee for labor removing the furniture and inconvenience. 8. The defendant has not returned the keys to the apartment and did not leave a complete forwarding address. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that upon a hearing hereof the court will award unto plaintiffs a judgment against the appellant in the amount of $340.00 plus pre-judgment interest, post-judgment interests and all costs. Dated this ~tn day of November, 2003 Respectfully submitted, Jeffrey M. Hubbard Jacqueline A. Hubbard, Plaintiffs VS. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 5261 CIVIL TERM PRELIMINARY OBJECTION TO COMPLAINT AND NOW COMES the Defendant and files the within Preliminary Objection. DEMURRER - The Complaint, as written, does not state a cause of action against the Defendant. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY IN A PLEADING. This Complaint, as stated, does not allow the Defendant to determine what damages he is alleged to have made and for what reason, if any, he is responsible for payment. It does not contain a specific invoice leading up to the allegation of a debt due and owing and why certain fees are charged. The Complaint should be dismissed, or in the alternative, the Plaintiff should be required to amend the Complaint to conform with the rule of law relating to specificity in a pleading. WHEREFORE, based on the within Preliminary Objection, it is respectfully requested, by the Defendant, that the within Complaint be dismissed. Respe~gtfully suJ~rnitted, ~///~oh3~ 1~. ~cheidem~ 2~3'10 Logan Street Camp Hill, PA 17011 717-730-0590 Jeffrey M. Hubbard Jacqueline A. Hubbard, Plaintiffs VS. John R. Scheidemann Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 5261 CIVIL TERM CERTIFICATE OF SERVICE I, John R. Scheidemann, being at least 18 years of age, swears and affirms that a true and correct copy of the Defendant's Preliminary Objections to Plaintiff's Compliant was sent to: Jeffrey M. Hubbard Jacqueline A. Hubbard 518 Gale Road Camp Hill, PA 19011 On or about December 1, 2003, via First Class Mail.