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Home My WebLink About04-0011COMIWNW",TH Of PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 4MK44-T*9*Q-V$J& 04-11 L;IVIL TZRM 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 date and in the case mentioned below: MAC. DW NO OR NAME or a,. "EOF"frD'""' igeQEsR LTEnzr F,'ra r??c aTY (TAyAE ;A• ZPCoDE ADDRESS APPELLANT > ?o / 40,2 lJr 4LOGJ DAMP it'JI A rosee.u DATE OF JUDGMENT N THE CASE OF (Pl fff) 1 .13 / 0. Fi ELVIS 6P IV I'Ly ctJ7-A1 vs ,2y F; rz ?JA i e K O.MM NO TUlE OF APPSIAM OR KS AT T/040 1t AGEM cv ooo o.1l 3 - 03 LT This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088 1001(6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature 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.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 e / EG?'5 69mfLy D?1u'?L 7T S`S? , appellee(s), to file a complaint in this appeal Arame of arpe0ee(s1 (Common pleas No. 04-11 CIVIL TERM ) within twenty (20) days after service of rule or suffer entry of judgment of non Pros. Of 9(pe f IIIS etlaney t» epeflf RULE: To f li5LD FAri/L5? ? ??L Rss• appellee(s). Nerve of Wpeeeefs) (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 AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of 'ling. Date Jan. 2, 2004" Cpl : r, spretl.e d Ra AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN 00) BAYS AFTER filing the .notice of appeal. ChecK applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;SS AFFIDAVIT: ( 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 or service) _ ? by personal service ? by icertified) (registered) mail, sender's receipt attached hereto. and upon the appellee (namot _ on ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on _ ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Title o! n@?r,?r;l My corn6sslon ex pros n7, Sigratufe or aflkarnt 7 r f„?f ('. 2 F'fTrn - 1 Q _ (J s O rT1 --G y- x . "MMONWEALTH OF PENNSYLVANIA 4 ""A NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 09-3-05 FFIELDS FAMILY DENTAL ASSOCIATES DJ Name: Hon. 2101 ASPEN DRIVE GAYLE A. ELDER MECHANICSBURG, PA 17055 Adtlfe55 507 N. YORK ST. L J MECHANICSBURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone. (717) 766-4575 17055 FFITZPATRICK, TERRY 7 1802 WILLOW ROAD CAMP HILL, PA 17011 TERRY FITZPATRICK L J 1802 WILLOW ROAD DocketNo.: CV-0000213-03 CAMP HILL, PA 17011 Date Filed: 8/28/03 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMR 4T PLTF ?X Judgment was entered for: (Name) FTF.T.nR FAMTT,V nRNTAT,, AR$QQTA 7X Judgment was entered against: (Name) FTTZPATRTCK, 'PRRRV in the amount of $ 1,A29-211 on: (Date of Judgment) 1 2/ni/ni El Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment $ 1,732.20 J Judgment Costs $ 97.00 Interest on Judgment $ .00 This case dismissed without prejudice. Attorney Fees $ .00 Total $ 1,829.20 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ F7Portion of Judgment for physical Post Judgment Costs $_---_----__ damages arising out of residential lease $ 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 JUDGMENT/TRANSCRIPT 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 DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /° l3 Date (c:;`/ ( • &&,7 , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . , District Justice SEAL AOPC 315-03 DATE PRINTED: 12/03/03 1:13:32 PM ? o C rrrn?r, ? F9 W . N ?p ti. r *11 mg m, COMJAONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 4MK44-W*Q*Q_g$di NOTICE OF APPEAL %.Xvlb TERM- Notice is given that the appellant has filed in the date and in the case mentioned be above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the low; Aoux?as of ArrEU,wr ? 1 DATE F 1 fJ.1ENT N TIIE C, I L. /AE A. 'r / Pf /70// CV QOO C3 f 3 - 03 '??+ LT C (it l' This bock will be signed ONLY when this notation is required under Pa R.C.P.JP. No 1008L This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case T apAeltant was CLAIMANT (see PaRC.P.J.PNo001(6) in action before District Justice, he MUST ILE A COMPLAINT within twenty (20) days after Signatu a of Prothoooray o Deputy filing his NOTICE of APPEAL. (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 /`( L i7s r fJ?,7) L / y? /ti 991 /)s.SO(.. Abm or appeFee/sl appellee(s), to file a complaint in this upped (Common pleas No 04-11 CIVIL TERM.) within twenty 20 () days after service of rule or suffer entry of + judgment of non pros. J`1c/ Goo Q'l ?r?uf) f? a .r titer RULE: To. S1076da ! r EL T.'S / f1 /J7/L? >l nJ7-fir /?SS• a 4ce his aff r y or aqr,r Name or appeiwc s) , appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this service of this rule upon you by Personal service or by certified or registered mail. anal within twenty (20) days after the date of (2) If you do rat file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of serAic pate;' JBn. 2, 200e of this rule if service was by nail is the date of mp?ing. ,2904 / sigafue d p a AOPC 312-90 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO 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: I hereby swear or affirm that I served / --_, upon the District Justice designated therein on ? a copy of the Notice of Appeal, Common Pleas No. (date of 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) mail, sender's receipt attached hereto. ? -- whom and further that I served the Rule to File a Complaint accompanying the above Notice of personal service upon the (certified) (registe red) the Rule was addressed on _-__ _ .. _.- _-_-------= mail, sender's receipt attached hereto. C BS?QIBJ D BEFOG` SWORN (AFFIRMED) DAY OF THIS ! ?- Signature ofaffiant ?14.jcr, Signeture of olrciat before whom aftda? was made Title of official __-...._F? my commission exp;res on, Ddn A. =r, so* Pkmc fto. wllM, PMrIyM?11? ArON W p101NBYMM N ? °s ?I ? ? C7 n .c w Certified Mail Provides: ¦ A mailing iviceip. ¦ A unique identifier far poor mailpiece ¦ .4 signe,ure upon Al-r,d of 1el'.611 kei, by tha Postal Service far two years Important Reminders ¦ Certified Mail may ONLY be combined with First-Glass Mail or Priority Mail. • Jertified Mau Is not avadaole for any clas=s of international mail. ¦ NO INSUR easeLcoos\, JERAsured or Reg steDred N ails Certified Mail For valuab e„ p ¦ For an additional fee. e Forum, Receipt In% beer?mplete and attach a R tum delivery. To obtain Return Recept service, p Receipt (PS Form 381 t) to the article and add applicable postage to cover the 'Return USPS Receipt on dyour Certified Mal waiver is fee. Endere oliPle celp duplicate Adv se the clerk orr mark thetmailp e,e with the ragwred For an E ,ddr?lsee', authorfEE? d8 ized agent add endorsement "Restricted Delivery lease esent the ar i- a postmark on the Certified Mail receipt is desired, p P" Is at the post office for postmarking. If e postmark on the Certified Mall race of is rot needed. detach and affix label with postage and mail. IMPORTANT. cave this receipt and present it when making art inquiry. 1112595-01-M-1049 PS Form aDo0. .l,,, 2001 (FevarseJ LO S 0' Q' r vl m m ` w, 3 o f=n< 0 p Reo'i c ? C - _ _ _ (14norn >e n O r9 L T014P;a ,f ti 5 nt %cF - - -. t R Slee ? V. 0 or PO EO.' w. -jj IO FI N ClY, win•Ii i;xl?C III In TERRY FITZPATRICK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Appellant DOCKET NO: 04-11 V. FIELDS FAMILY DENTAL CIVIL ACTION - LAW ASSOCIATES, Appellee ENTRY OF APPEARANCE Please enter the Appearance of Daniel Stern, Esquire of 2650 North Third Street, Harrisburg, PA 17110, for Appellee, Fields Family Dental Associates. Respectfully submitted, Dated: 2 104 Daniel Stern, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 234-4531 Supreme Court ID#25989 Attorney for Appellee c? ?, c- «, =?= c; _ ?- _-r ,;--, ?? _ rv "? ? t?. C_ c , , T ` _? Gy CHARLES FIELDS, DDS, t/a, FIELDS FAMILY DENTAL ASSOCIATES, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-11 TERRY FITZPATRICK, Individually and as Parent and Natural Guardian for Charles Fitzpatrick, a Minor, Defendant CIVIL ACTION -LAW 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 objections 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en law cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de In fecha de In demanda y In notificacion. Usted debe presenter una apariencia escrita o en persona o por abogoda y archivar en la cone en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHARLES FIELDS, DDS, t/a, FIELDS FAMILY DENTAL ASSOCIATES, Plaintiff V. TERRY FITZPATRICK, Individually and as Parent and Natural Guardian for Charles Fitzpatrick, a Minor, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-11 CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Charles Fields, DDS, t/a Fields Family Dental Associates, by and through his attorney, Daniel Stem, Esquire, and respectfully avers: Plaintiff, Charles Fields, DDS, t/a Fields Family Dental Associates, is a dentist with professional offices at 2102 Aspen Drive, Mechanicsburg, PA 17055. 2. Defendant, Terry Fitzpatrick, is an adult individual residing at 1802 Willow Road, Camp Hill, PA 17011. She is the mother and natural guardian of Charles Fitzpatrick, a minor. From on or about September 9, 2002, to or about July 3, 2003, Plaintiff, at the Defendant's request provided dental care services to Defendant, in the nature of examination, preparation and insertion of an upper partial denture. 4. Plaintiff in good faith provided the healthcare services to Defendant, and her minor son, and thereafter billed the Defendant for his usual and customary charges for the services rendered, for that portion not covered by Defendant's insurance. A copy of Plaintiff's statement is attached hereto and made a part hereof, and marked as Exhibit "A" 5. Plaintiff has credited Defendant's account with all monies received on the account and a balance of $1,659.00 remains due and owing for services to Terry Fitzpatrick. 6. Should Defendant not be required to pay for services rendered, Defendant would be unjustly enriched at Plaintiff s expense by having received services without paying for the services rendered. 7. Plaintiff has made demand upon the Plaintiff for the balance due and owing, which demand remains unsatisfied. 8. Plaintiff avers that the amount claimed due does not exceed the jurisdictional amount required for referral to arbitrators under local rule. 9. The preceding Count is incorporated by reference. 10. Plaintiff also provided dental services to Defendant's minor son, Charles Fitzpatrick, on June 9, 2003, at the request of Defendant. 11. Notwithstanding demand, a balance of $67.20 for services rendered to Charles also remains unpaid. WHEREFORE, Plaintiff prays your honorable court to enter judgment in his favor and against Defendant Terry Fitzpatrick, in the amount of $1,726.20, together with prejudgment interest at the rate of 6% per annum, and the costs of this proceeding and previous proceedings before the District Justice. Respectfully submitted, mil/ CIAAA A J,-- ?_, Date: 0-4-VA Daniel Stem, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 2344531 Supreme Court ID425989 Attorney for Plaintiff CHANLr r DDS 717E!377S57 01; 15. - Fields, D.D.S. l1) ASSOCIATES -AMILY DENTISTRY MIMI rejected initial Plac bride(, 1 h"C;; to rel,4OCC missing teeth prior , effectl lot a coveted service. There contra tooth- 1r.c.: ??1cr1t })aid `,3?4?4leaving abala:nce of ?` I)ate of Service is the balance :for h dI Delta r, f3 < <'?'? lllCilU?l1? t, e workwas started ! e,ffectl 4 ' - 4.G "(,tual scat date was 05-19-03 Missuff 1 _? i:31)Iessi:An hate and the impress; 18-03 :' !i784. iving a balance of S_, FAL. !?!' X1726.20 F,cn a?, sr PA 17055 (717) 6973400 ? ? ?'- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 1? Date: ! - , arles Fields,ields Family Dental Associates CHARLES FIELDS, DDS, Va, FIELDS FAMILY DENTAL ASSOCIATES, Plaintiff' V. TERRY FITZPATRICleIndividually and as Parent and Natural Guardian for Charles Fitzpatrick, a Minor, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 04-11 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jamie M. Berger, hereby certify that a true and correct copy of Plaintiffs Entry of Appearance and Complaint were served upon the following person by first class mail, postage prepaid: Terry Fitzpatrick 1802 Willow Road Camp Hill, PA 17011 Date: J a3 o CL-aW , ?r? .Berger, Paralegal for Daniel Stem, Esquire -, ,? ? .> -, ? ?, i . „?- ii ?,? .i (l TI _. ', J _ i r ? c' _ - , t-i - `, ? ._ ? _? ?•. Cc: SHERIFF'S RETURN - REGULAR CASE NO: 2004-00011 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN CHASE MANHATTAN BANK USA NA VS TIMOTHY M AND ROSE M ALLISON KENNETH W. HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon ALLISON TIMOTHY M the DEFENDANT , at 0013:05 Hour, on the 22nd day of January , 2004 at FRANKLIN CO. SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to TIMOTHY M ALLISON a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before 1ti? me this --->/ 0 day of &00 cZ ` A. Notary 1 So Answers: KENNETH,W . HA, L By L? /De put Sheriff 01/28/2004 CUMBERLAND CO. SHERIFF NoMW Sat RidW D. M*C&V, Navy P4" awym"I Sao, FnW& Comb' My Caemiu Jae. n,= SHERIFF'S RETURN - REGULAR CASE NO: 2004-00011 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN CHASE MANHATTAN BANK USA NA VS TIMOTHY M AND ROSE M ALLISON KENNETH W. HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ALLISON ROSE M the DEFENDANT , at 0013:05 Hour, on the 22nd day of January 2004 at FRANKLIN CO. SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to ROSE M ALLISON a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service 6.00 Affidavit 2.00 Surcharge 10.00 .00 18.00 Sworn and Subscribed to before -N? me this cam` day of &00 cam, __ ?? A.D. Notary / So Answers: KENNE W. HA ? By s! Deput Sherif O1/ 8/2004 CUMBERLAND CO SHERIFF was served upon NOMW $ad Ridrwd D. M00M. Nary Pobho Cy®yrabus BM, FMWia Cm* My comn"M Expa" J0. 29,2W Curtis R. Long Prothonotary Off[LC Of the Protbonotarp (Cumberlaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n L/ - l? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573