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.-
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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
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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
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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/!"/
------------------ - -
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C7 or rr PO Box Neei.Box Nvo.;o. UU /id t Sr -- ! .--- Y?l
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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,
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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
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