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HomeMy WebLinkAbout08-191760MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q$ -'9 (7 C j yi r7E.r?Y1 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 referenced below. sQ/4A K07-VO S + COA11-4O41 _rAlt?• T.- tIL.Fso n S_" J , G 1J 1'7a!/ DATE OF JUDGMEPY IN THE CASE OF (PWrOM (DWWxb Y 13 a Art2 lV ./16 DOCKET M. P 7 OF APPELLANT OR ATTORNEY OR AGENT C V- 00006'75'- 0 7 /?Z, ?K 4 This block will be signed ONLY when this notation is required under PK If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sip-f- of PPothonotW - 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.D.J. 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 Michael Y•enried,i appellee(s), to file a complaint in this appeal Name k appellee(s) (Common Pleas No. 08 - 19 7 C'.jVi I Term ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. / atum of appellant or ammey or agent RULE: To Mire!/ NNGc?? appellee s) Name of appeUee(s) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ",,,Oh oZ , 2?g 4i 1 Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 C7 C7 C. = -n w? Y„it? Q If1 t.G3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF. CUMBERLAND Mag Dist. No: 09-1-01 MO1 Name: Han CHARLES A. CLEMENT, JR Address 400 BRIDGE ST OLDS TOWNS COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 RAM MOTORS AND CONTROL 2850 APPLETON STREET CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FXMU MY, MICHAEL 3424 VALLEY ROAD MARYSVILLE, PA 17053 L J VS. DEFENDANT: NAME and ADDRESS rRAN MOTORS AND CONTROL 2850 APPLETON STREET CAMP HILL, PA 17011 L J Docket No.: CV-0000575-07 Date Filed: 12/13/07 _ (Date of Judgment) 3/13/08 ® Judgment was entered for: (Name) KENNEDY, MICHAEL ® Judgment was entered against: (Name) RAM MOTORS AHD CONTROL in the amount of $ 8,127.0 El Defendants are jointly and severally liable. El Damages will be assessed on Date & Time El This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa. C, S.. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees I Total $ 8,000.00 $ - 127.50 $?? $ :iTO $ 8,127.001 Post Judgment Credits $ I 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE, 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ?-i//( L I certify that this is a true and correct copy of the record of the Date _, Magisterial District Judge gs containing the judgment, My commission expires first Monday of January, 2014 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 3/13/08 12:41:00 PM COMMONWEALTH OF PENNSYLVANIA rnl im-ry n1=• CUMBERLAND Mag DiM No. 09-1-01 MDJ Name: Hon CHARLES A. CLEMENT, JR Address: ,400 BRIDGE ST OLDS TOWNE COMMONS -SUITB_3. NEW. CUNBZRLAND:,. ;PA Telephone: (717.) 7.74-5989 17070, RAM MOTORS AND CONTROL 2850 APPLETON STREET CAMP HILL, PA 17011 NOTICE OF IVLGCASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS rRAX MOTORS AND CONTROL 2850 APPLETON STREET CAMP HILL, PA 17011 L J vs. DEFENDANT: NAME and ADDRESS rY,. MICHAEL 3424 VALLEY ROAD MARYSVILLE, PA 17053 L J Docket No.: CV-0000575-07 Date Filed: 12/31/07 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF .(Date of Judgment) Judgment: 3/13/08 ® Judgment was entered for: (Name,)__ RAN MOTORS AND CONTROL Judgment was entered against: (Name) EENNMY, MICRhZL -Tq in the amount of $ 206. El Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time This case dismissed without prejudice, Amount of Judgment Subject to Attachment/42 Pa.C.S.. § 8127 0 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,171.72 Judgment Costs $?' Od Interest on Judgment Attorney Fees Total $ 1,206.72 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 3/13/2008 Date I certify that this is a true and correct copy of the record of the Date , Magisterial District Judge My commission expires first Monday of January, 2014 SEAL AOPC 315-07 DATE PRINTED: 3/13/08 12:40:00 PM Magisterial District Judge gs containing the judgment. a .? (Domestic ----------- U.S. Postal Service, U.S. Postal Servitie,T., CERTIFIED MAIL,, RECEIPT Q_ • .•' Provided) uj LT' (Domestic Only; No Insurance • r' Provided) co .. t . .. . Postage $ -.- r•a Postage 3 ri :=At ? Certified Fee -G- r-q :ertified Fee ?4 C7 Return Receipt Fee n r Postmark ' O Return Receipt Fee ostma C3 (Endorsement Required)" C3 (Endorsement Required) -4 ? ate Restricted Delivery Fee t c ' C3 (Endorsement Required) $01, l (1_I 'T ¢ L: Restricted De livery Fee $0.G0 (Endorsement Required) ,.1 a J Ln tic O c flt? r-a Total Postage & Fees • 7 t i 6? A r9 Total Postage & Fees $ $5.21 ? `0 to C3 C3 ent o ,ry 41 ^? Sent Tor Street A"t N'o/!"/ ------------------ - - CO C3 C1?f (;°1.-.A'C!e*j !?t....jz ............. .°- or PO?xNo. C7 or rr PO Box Neei.Box Nvo.;o. UU /id t Sr -- ! .--- Y?l yy . ._!J.?[fd_.:l.rr_vJrr?.B. c B J crrj:'srare. zrP+d--- - -- ----- --0, St•--are, -- z-rP+a - ._...?5? ----------- A r s v, %le p cl?, w ? j ngl P ? ? 7 0 .s3 :r APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED KlTHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH O PENNSYLVANIA COUNTY OF ed:K6 ; ss AFFIDAVIT. I hereby (swear) (affirm) that I served jpj a copy of the Notice of Appeal, Common Pleas LQf _I4l 7, upon the District Justice designated therein on (date of service) I?NA J-6 , 20 p f _, ? by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) L??t 'Ar / IC?XLd? , on 20 o? ? by personal service ® by (certified) (;e@iri *FW) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS f`' DAY OF &!'C,?? 20?1... S afur officiat before whom affid d was made Ada(- V, Signature or affiant Tde ofof6cial My commission expires on TU R e- 0?0 20Q?_. COMMONWEALTH OF PENNSYLVANIA Notaliat Seal Cindy L DeLON, NOW PUTAC OnWkili ries Twp., Becks Courtly My Cann*ision Expires June 2D, 2009 Member, Pennsylvania Association of Notaries C'? ?s Z, ? .., 33 17171 CIO r%0 AC_t C-) M C -n tV -C GUMMUNWEALTH OF PENN5 COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Cab s ( q /1 Civil -1ar 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 referenced below. NAME OF APPELLANT MAG. DIST, 140. NOME OF D.J. 1A'&I M p7-V4S CUrt/t,Q?GS , 2?r?/G • L7? - / ?! C. nart'e? t E ??wt?, 7?`. ', ADDRESS OF APPELLANT CITY STATE 21P CODE ?t_so PGrr St F ?e J / *s, DATE OF JU IN THE CASE OF (PWrAff) (DeAMdWy ? rJ a? is r(ael ve w mo Gn * Gary -1?a1,J DOCKET No. SIGNA OF OR Al OR AGENT -7 /f., ` r, %, ?/',?31G'd fir - J This block will be signed ONLY when this notation is required under f appellant was Ctaiimant (see Pa. R.C.P.O.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SormWum of ProllmoWy or Dep* PRAECIPE TO ENTER RULE TO FILE CCUPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. 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 appellee(s), to file a complaint in this appeal Name appetlae(s) (Common Pleas No. OR - {9 ( q d, jyj 1 rgrM ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. u of appellant or a#WW or agem RULE: To appelle s) f Name of appapee(s) (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-yypir b)tV#rsonal service or by certified or registered mall. (2) If ycri,do.not file a corrlplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3 ' The date of service of t&s role if service was by mail is the date of the mailing. Date. MQ.Iah A. 200$- ? pRo6honotary or ?ePWY YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTIrRANSCRIPT FORM WITH THIS NOTIC ,Of riWl? AL AOPC 312-02 GREEN - COURT FILE YELLOW - APPELLANTS COPY MICHAEL KENNEDY, AN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA A. NO. 08-1917 RAM MOTORS and CONTROL, :CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally of by attorney and filing in writing with the court your defenses of objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the petition 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. Cumberland County Lawyer Referral Service Court Administer Cumberland County Courthouse Carlisle, PA IL 1, Michael Kennedy, hereby certify that I have served a copy of the foregoing document on Defendant, by first class mail, addressed as follows: Ram Motors And Control 2050 Appleton Street, Suite D Camp Hill, PA 17011 've? %a Michael Kennedy / 3424 Valley Road Marysville, PA 17053 717-957-3549 DATE: r MICHAEL KENNEDY, AN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, :PENNSYLVANIA V. NO. 08-1917 RAM MOTORS and CONTROL, :CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Micheal Kennedy, is an a dult individual who resides at 3424 Valley Road Marysville, PA 17053 2. Defendant Ram Motors and Control, is, upon information and belief, a Pennsylvania Corporation located on Slate Hill Road, Camp Hill, PA. 3. Plaintiff was employed by Defendant from on or about August 16, 2002 through December 5, 2006. 4. During the course of his employment, Plaintiff bought and stored tools that he owned on the premises of Defendant, and used those tools in the course of his employment. The tools are worth approximately $8000.00. 5. Plaintiffs employment with Defendant ended in December 2006, r 1 and Plaintiff has repeatedly requested that his tools be returned to him. Defendant has failed and refused to return Plaintiffs property to him, and is liable, in conversion, to Plaintiff for the full value of the tools and equipment together with interest, costs, fees and all other relief as is deemed just. WHEREFORE, Plaintiff demands judgment in his favor, and against Defendant, for the full amount of his tools plus interest, costs, fees, and whatever additional relief is deemed just, such amount is not in excess of the mandatory arbitration limit. Respectfully Submitted, Michael Kennedy 3424 Valley Road Marysville, PA 17053 717-957-3549 CERTIFICATE OF SERVICE n G ?l1 N a L