HomeMy WebLinkAbout03-5459
C__NWEALTH OF PENNSYLVAN'A
COURT Of COMMON PLEAS
CUIY7Bi2/Z.t--Qn.D
JUDICIAL DISTRICT
NOTICE Of APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
09- /- OJ
C__NPLEAS.....6'3 - S'I59
NOTICE Of APPEAL
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Nofice is gi_ that the appellant has filed in the above Court af Cammon Pleas an appeal !ram the judgment rendered by the IMtricl Justice an the
date and in the case mentialled below,
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9-/5-03 CA3:J'Lv>H/Y1&i'/2.,~G~~~'IGJ-...-4~c:x: ,,'4,
I>>.T! Of.II.bGMENf IN~ CASE OF (PfSintIff) '? _~'V~ '7 (De/endIInt)
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This black will be signed ONLY when this natafion is required under Po. R.cP JP, No. If appel/ant was CLAIMANT (see Pa, R.CP,JP, No,
1008B.
This Notice af Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS ta the judgment far possession in this case. FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
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SigJature of Prothonotary or Deputy
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.CPJP, No, 1001(7) in action before District Justice,
IF NOT USED, detach from ccpy of notice of appeal to be served upon appellee),
PRAECIPE: Ta Prothanatary
Enter rule upan , appellee(s), ta file a carnplaint in this appeal
~0I appe/1e6(5)
(Cammon Pleas No. ().3 -$CI s9 (Ji(~; t lS'2ftJ)within twenty (20) days after _vice af rule or suffer entry af judgment af non pros.
Signature of appe/IWJt Of his attorney Of agent
RULE: Ta
NINne 01 _5)
, appellee(s~
(1) You are nafified that a rule is hereby entered upan you ta file a camplaint in this appeal within twenty (20) days after the dale af
_vice af this rule upan you by personal service or by certified or registered maiL
(2) If you da nat file a complaint within this fime, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU,
(3) The dale af service af this rule if _vice was by mail is the dale af mailing.
llaIe:C>d- IS ,~3 ~L'~/_ P .71(~r::..5j)udr
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
TEN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I
, 55
o and further that I served the Rule to
on
receipt attacned herelc
to whom
hereto.
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COMMONWEALTH OF PENNSYLVANIA
-eOUNTY OF: CUMBERL1IND
09-1-01
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'cROWN AMERICAN CAPITAL CITY ASSOC.'
3506 CAPITAL CITY MALL DR
CAMP HILL, PA 17011
L ~
Mag. DisL No:
OJ Name: Hon
CHARLES A. CLEMENT, JR.
Address. 400 BRIDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
VS,
16438
DEFENDANT: NAME and ADDRESS
'cARns PLUS/ART THURAU
3989 LOWE ROAD
UNION CITY, PA 16438
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Docket No,: cv- 0000241- 03
Date Filed: 5/28/03
.,
CARDS PLUS/ART
3989 LOWE ROAD
UNION CITY, PA
THURAU
~
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TI'f1S IS TO NOTIFY YOU THAT:
Judgment:
FOR pr....TNTIFF
[i]
[i]
Judgment was entered for:
(Name)
C"llnT4Jll' AjlofRllTC...N C""'PI'I'IH. ~T'I'V "'R
Judgment was entered against: (Name)
C""'Rns prnS/...llT 'l'HTIRAU
in the amount of $
A, 141.14 on:
(Date of Judgment)
Q/1"/O'l
o Defendants are jointly and severally liable,
o Damages will be assessed on:
o This case dismissed without prejudice,
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 8,000.00
$ 141.14
$ _00
$ .00
$ 8,141.14
O Amount of Judgment Subject to
Attachment/42 Pa,C.S, S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
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 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTORPAY$.lfII FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' "
>;
SEP 152003Date ~ Q, ~.~. ,Dist.r;~JU~tice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
"'I.:..
. District Justice
My commission expires first Monday of January, 2008 '
SEAL
CROWN AMERICA CAPITAL
CITY ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBEI~LAND COUNTY, PENNSYLVANIA
CASE NO. 03-5459
vs,
CARDS PLUS and ART THURAU,
Defendants,
CERTIFICATE OF SERVICE
I. the undersigned, certified that I served, or caused to be served, on the 2Ql!day
of October, 2003, a copy of the Notice of Appeal and Rule to File Complaint upon each
of the following persons and parties in interest at the address shown below:
Via Certified Mail, Return Receipt Requested:
Crown America Capital Ci1y Association
3506 Capital Ci1y Mall Drive
Camp Hill, PA 17011
Honorable Charles A. Clement Jr.
Old Towne Commons
400 Bridge Street Suite 3
New Cumberland, PA 1 7070
RESPECTFULLY SUBMITTED,
Shapira, Hutzelman, Berlin, & May
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By: StE~phen H. Hutzelman, Esquire
3Cl5 West Sixth Street
Erie, PA 16507
(814)452-6800
FClcsimile: (814)456-2227
E-Mail: atlvshhlal305law.net
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CROWN AMERICA CAPITAL
CITY ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO. 03-5459
vs.
CARDS PLUS AND ART THURAU,
Defendants,
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PRAECIPE TO ENTER JUDGMENT NON-PROS
TO THE PROTHONOTARY:
Enter Judgment Non-Pros in favor of the Defendants and against the Plaintiff,
CROWN AMERICA CAPITAL CI1Y ASSOCIATION, for its failure to file a Complaint in the time
period permitted by law,
Respectfully submitted,
SHAPIRA, HUTZElMAN, BERLIN & MAY
By: ~ j}. JJ::::-
Stephen H. Hutzelman, Esquire
305 West Sixth Street
Erie, PA 16507
PA ID #06541
(814) 452-6800
Dated: December 5, 2003
CROWN AMERICA CAPITAL
CllY ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNlY, PENNSYLVANIA
CASE NO. 03-5459
vs.
CARDS PLUS AND ART THURAU,
Defendants.
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNlY OF ERIE
I, STEPHEN H. HUTZELMAN, being duly sworn according to law, depose and say as
follows:
1 , That I am the altorney for the Plaintiff in the above-captioned matter.
2. The Plaintiff in the above entitled case is/are not engaged in the military
seNice of the United States of America.
3. The last known address of the Plaintiff is/are:
Crown America Capital Cily Association
3506 Capital Cily Mall Drive
Camp Hill, PA 17011
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Step~ii Fj, Hutzelman, Esquire
Attorney for Plaintiff
S~~n and sub,spri9,eq before me this
~~~~
I Ann E. ~~~~~~81 J~I~~) PubJi, I
City of Erit: Enl Count}
My Commission Exrlre~ Del 11 '(105
CROWN AMERICA CAPITAL
CITY ASSOCIATION,
P1aln1lff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CASE NO, 03-5459
vs,
CARDS PLUS and ART THURAU,
Defendant.
Dated: November 18, 2003
TO: Crown America Capital City Association
3506 Caplfal City Mall Drive
Camp Hill, PA 17011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE
DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A lAWVER AT ONCE.. IF YOU DO NOT HAVE A lAWVER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWVER AT ONCE. IF YOU DO NOT HAVE
A lAWVER, GO TO THE OFFICE OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A lAWVER.
IF YOU CAN NOT AFFORD TO HIRE A lAWVER, 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
1 (800)990-91 08
BY: ~If'/r
Stephen H. Hutzelman, Esquire
305 West Sixth street
Erie, PA 16507
(814) 452-6800
This is to certify that the within notice was mailed to the above-named Defendant(s) by first ciass,
postage prepaid mail on the date stated above.
BY: ~ ~,o:::=-
ste~en H, Ittzeiman, Esquire
Attorney for Plaintiff
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CROWN AMERICA CAPITAL
CllY ASSOCIATION.
Plaintiff.
IN THE COURT OF COMMON PLEAS
OF CUMBERlAND COUNlY. PENNSYLVANIA
CASE NO, 03-5459
vs.
CARDS PLUS and ART THURAU.
Defendants.
CERTIFICATE OF SERVICE
I. the undersigned. certified that I served. or caused to be served. on the 16th day
of December. 2003. a copy of the Notice of Judgment Non-Pros upon each of the
following persons and parties in interest at the address shown below:
Crown America Capital City Association
3506 Capital City Mall Drive
Camp Hill. PA 1 7011
RESPECTFULLY SUBMITTED.
Shapira. Hutzelman. Berlin. & May
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By: Stephen H. Hutzelman. Esquire
305 West Sixth Street
Erie. PA 16507
(814)452-6800
Facsimile: (814)456-2227
E-Mail: at1vshh(ci)305Iaw.net
CROWN AMERICA CAPITAL
CI1Y ASSOCIATION,
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUN1Y, PENNSYLVANIA
CASE NO, 03-5459
vs.
CARDS PLUS AND ART THURAU,
Defendants,
TO THE DEFENDANT:
To: Crown America Capital Cify Association
3506 Capital CHy Mall Drive
Camp Hill, PA 1 7011
Please be advised that Judgement Non-Pros has been entered in favor of the
Defendants and against the Plaintiff on this ~ of ft r. , 2003.
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VIRGINIA M. BECK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2003-5499 CIVIL TERM
ADAM J. BURICK, D.O.,
and THE KUNKEL SURGICAL
GROUP, a/k/a KUNKEL
SURGICAL GROUP,
Defendants
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, 8th day of January, 2007, a hearing on
the appropriateness of the interrogatories listed in Plaintiff's
Exhibit No.1 is scheduled for Wednesday, February 28, 2007, at
at 1:00 p.m., at which time the Plaintiffs will be given the
opportunity to show cause why these interrogatories should be
allowed in accordance with the Supreme Court's decision in
Cooper v. Schoffstall, 905 A.2d 482 (Pa. 2006).
Defendant is directed to file any other
objections to the proposed interrogatories within 30 days of
today's date. We will also address those objections at the
February 28 hearing if we get past the threshold issue of cause
shown.
Edward E. Guido, J.
~rk S. Silver, Esquire
Joseph A. Klein, Esquire
For the Plaintiff
~ugh P. O'Neill, Esquire ~
For the Defendants
srs
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