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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 (!,O i~., 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, S~~S PL_US /"oer T;;t../UIZAtA.- ~~~~~ Q.Je/T?<2/7T.7) ~~2, L...o~ e 'D (~/)ID-;Jv <'"'77 I -:p tX 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) 9-/5 _(").-=3 CROL-U1 ,;QI?')QRIe;qNc-;..~/" C;Q..ePs ~u.s / p/3pl ~(.//4QA CWo< NO cv ~/-03 ~OOtlS~".""~ I LT . 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. /64 ?-E? r.. tOIlE <.....;t;>;e'p,:, "f-'L<.t::. hlP'T -n1<</'74 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. ~3;;rU?~ r' pi' f -:::-. _:rP i ~ r j t~t I r ittp- r. ~f:tv~ r--f-~F a ~ ~ ~- t- r~"'CS- .~j bfJ lf~ (...... f. . 1f(~ f-J ....... V) ~~ ~:b () f' ;;; "1'0 I~ r/ . ":~ /. (0 ~: (.\- '..-' ~r ..:1. c- }; \.0 .< "-.,J 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 L Docket No,: cv- 0000241- 03 Date Filed: 5/28/03 ., CARDS PLUS/ART 3989 LOWE ROAD UNION CITY, PA THURAU ~ 1& 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 ~~ //;fC- By: StE~phen H. Hutzelman, Esquire 3Cl5 West Sixth Street Erie, PA 16507 (814)452-6800 FClcsimile: (814)456-2227 E-Mail: atlvshhlal305law.net C) c ;-~ -c,et; lpcf'! ;;-:f~:-' UJ J~ ~'''': ~.:::: C. ~(< ?( ;:ie" ~~~ =::> C) n ---f I'J ,....) :~~; ~:) ..(-." (~ """ (~ _':J 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, I { ) I 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 ~ I-:'F 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 fi "'3- ~~ ...0 . 0 D C) c' ~ - ...... e c w ~ -.l::- ~ ?-: r:...., . -en '" ff) Cf..2Li' :-"J ~:... ...: ,., ~ ()" ~i:~ ,-~ tS (,.'1 , ~i'" "::() r, !! ~ ~ , -0 --n ~:t~:, :1:0: '-:('~ ~ )....c:. ::? (:)fn -.\ -,.- '=' ;; --I -<. 0 -< 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 ~Jl/~ 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. ~) r:.F: ~, C;. ;';., o c ;;,"" c~ )';..~ L,- ~::-\ ...~ ,..., <'" c;;.:.> ..... c::J rn c-) ("J -0 ,-\ :::::0 r,'C". _(11"3 :~)S ~~() ._' " , , s2c'-j .....-..(. CP ~ ("0' C.:l '---;". 7,"', ...,~ 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 V"iNV,~lASNN3d ) 1qn"....''', .."" hn' ;-'r:I^'n'"' 'I..l.!~' ,I.IJ ,..""i, "::i('j~~ v L2 :8 Wd 6- NVr LOOl Ai:NIONOH108d 3H1 .:IO 3:JI.:H0-G31l::J