HomeMy WebLinkAbout04-1165C_OaIMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
'(QOM -36GGAA1,2
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.C?'-eOZ 3-3/-03
NOTICE OF APPEAL 0'/- 11&"5-r" VI/
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rende' rb%%y'4he(DIS ri ict Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. 01ST. NO. NAME OF D.J
M' fGl-)Ara O. P7Cye-? OF d3- d`f T PL/1GEy IAA f1as'S
ADDRESS OF APPELLANT <n? CITY STATE ZIP CODE
ajx S3,/ ( ??d1 41L-4-1 ?'4 17DUf pC. l?92C /7/JSc"A/CNRh/ tt Tf/`L F/>?
DATE OF JUDGMENT IN THE CASE OF(Pwoof) (De/entlaol)'
?IlI 0 /4 "4 f/c?Dra?GRi?vo?m/y?icr/<4G0./Ayk?2 ?e aea</?1?srev+ri/e/?a?/.L<?c fyc
DOCKET No. I SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
CI!010,9 33/-d3
This block will be signed ONLY when this notation is required under Pa. If appellant was Of imant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
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.
Sgnatum of Prulhonataryor 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
Name ofappellee(s)
(Common Pleas No.
appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature otappellant of attomey or agent
RULE: To
Name of appellees)
appellee(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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of'Prothonotery orDepuly
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
)PC 312-02
COURT FILE TO BE FILED WITH PROTHONOTARY
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COMMONWEALTH OF PENNSYLVANIA
d COUNTY OF: CUMBERLAND
/. Mag. Dist. Na.'.
09-3-04
rf
DJ Name'. Hon
THOM,i48 A. PLACEY
Aftess, 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Telepnone: (7171 761-8230 17050
0q- llwDiv, I
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
q-.t PLAINTIFF: NAME and ADDRESS _
rHOLDEN GROUP LTD/MICHAEL P MEYER
P.O. BOX 534
CAMP HILL, PA 17001
L
VS.
J
DEFENDANT: NAME and ADDRESS
rDR MARK MASCARI/CHAMBERS HILL F.M.a
5400 CHAMBERS HILL ROAD
HARRISBURG, PA 17111
HOLDEN GROUP LTD/MICHAEL P MEYER L
P.O. BOX 534 DocketNo.: CV-0000331-03
CAMP HILL, PA 17001 Date Filed: 7/09/03
+r
THIS IS TO NAFY YOU THAT:
Judgment: FOR DEFRNnANT
® Judgment was entered for: (Name) nF MARIT MAR('ART/rHAMRRRR HTT.T. P,M_C
7 Judgment was pntered against: (Name) HAT.nRN GROUP T.TD/MTCHART. P MRY
in the amount o)- on: (Date of Judgment) 2/20/n4
Defendants are Nintly and severally e. (Date & Time)
v
7 Damages will be assessed on: / Amount of Judgment $ .00
C- i Judgment Costs $ .00
This case dismjssed without prejudicgo Interest on Judgment $ .00
L ty Attorney Fees $ .00
P- Total $ .00
Amount of Jud4rhent Subject to
AttachmenU a.C.S. § 8127 $
Portion of Judgm&t Lfer physical
damages aris; t of residential
lease $
t--I
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 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.
2-I201bq Date District Justice
I certify that this is a true a correct cony of tlac rec. containing the judgment.
?-1 2t'I b+ Date"`-- District Justice
My commission expires first Monday of January, 2010. SEAL
J
AOPC 315-03 DATE PRINTED: 2/20/04 1:10:46 PM
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (40) DAYS AF7Ef%l filing of the notice ofappeat. Check app icabie boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 60ma . as
0 4l (G
AFFIDAVIT: I hereby (swear) (affirm) that I served (:f
a copy of the Notice of Appeal, Common Pleas No. , upon the Distnct J tine designated therein on
(date of service) 0//,? , 26 p personal serv(ce ay {certified} (iegistered) ma(i,
sender's receipt attached hereto, and upon the appellee, (Warne} 14K` %'W/
,20 01f ? by personal service. ? by (cortified) (regisfere l mail.
9J J ma
?ic
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE 14E
? -
_-
THIS DAY OF 20
h ? Signs!i.+e of lltt7ani
Sign re of rcr, t be ra whom alfMF?Nt wss me e ??
NOTARIAL SEAL
1AMrS E_GREEN, Notary Public
Titre of ofrcol Camp Hill, Cumberland Courtly
My commission a mission Expires Juna 6, 2005
AQPC 312A - 02
COURT OF COMMON PLEAS NOTICE OF APPEAL
"diciat Distlhct, Couhly Of FROM
CA^? $e?L L DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.CV - r-rxb 331
„?J(1 TICE OF APPEAL 0?7 -1 f ?9SCf?, .
Notice is given that t appellant as filed in the above Court of Common Pleas an appeal from the judgment rencl r ad%?he &STrVJ ydstice on
"t4 date and in th e re6fTrfged bel?*.:
! ME PPELLANT MAG. DI T. NO. NAME OF D.J
/W f c)i /? cz (?. /rJc?e dz 0 - c)3- ?Y 7. P?? ct? 1? )7ds 5
=APPELLANT
x A5- 3y C,'?L p /,l' IL-f- 17cl a/
LO /o y
n/. /'JAQK i7.?SU3/i??CNA'h/A,,rx1 rf/L) r r%
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C V ?>aoo 331 - 03
luarewann
?R lr zl? iy,?bcRa)/e wW(aeIZS /iLr ?.?e
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was
in action
R.C.P.D.J. No. 100813.
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.
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.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 of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of tule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Name of appellee(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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
MICHAEL P. MEYER,
Plaintiff No. 04-1165
V.
Dr. MARK MASCARI,
Defendant
NOTICE TO PLEAD
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 an 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 and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint be the plaintiff. You may lose money or property or other rights
important to you. This and any future communication from our firm are attempts to
collect a debt and information obtained will be used for that purpose.
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 Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
MICHAEL P. MEYER,
Plaintiff No. 011-1165
V.
Dr. MARK mASCARI,
Defendant
COMPLAIN
T
AND NOW, this 7' day of April 2004, comes the Plaintiff, Michael P. Meyer, by and
through his attorney, Kevin G. Robinson, ROBINSON & KOENIG, and files this Complaint and
avers the following:
COUNT I: BREACH OF CONTRACT
1) Plaintiff, Michael P. Meyer, is an adult individual who resides at 6105 Westover
Drive, Mechanicsburg, PA 17055, who is a licensed mortgage broker in the State of
Pennsylvania.
2) Defendant, Dr. Mark Mascari, is an adult individual who's only known address is
5400 Chambers Hill Road, Harrisburg, PA 17111.
3) On or about October 15, 2001, the parties entered into an oral agreement
whereby Defendant directed Plaintiff to assist Defendant in obtaining re-financing for the real
property owned by Defendant located at 5400 Chambers Hill Road, Harrisburg, PA 17111.
4) From on or about October 15, 2001 until on or about February 27, 2002, Plaintiff
attempted to secure said re-financing for Defendant on the subject property.
5) As a direct result of plaintiffs efforts, Defendant was introduced to Legacy Bank
and ultimately obtained said re-financing of approximately $675,000 for the subject property
from Legacy Bank.
6) Said re-financing by Legacy Bank occurred on or about April 19, 2002.
7) On numerous occasions since the above-mentioned re-financing of the
Defendant's Property, Plaintiff has requested payment for his services to Plaintiff in the amount
of $6,750 which is I% of the subject loan amount.
8) Defendant has refused to pay the Plaintiff above-mentioned $6,750 commission.
WHEREFORE, Plaintiff request's this Honorable Court to order Defendant to pay
Plaintiff the above-mentioned $6,750 plus costs and any other relief the Court deems proper.
COUNT 11• QUANTUM MERUIT
9) Paragraph's 1- 8 are incorporated herein by reference.
10) During the period of on or about October 15, 2001, through February 27, 2002,
Plaintiff performed valuable services for Defendant in order for Defendant to secure re-financing
of the subject property with Legacy Bank.
WHEREFORE, Plaintiff requests this Honorable Court to Order payment to plaintiff by
Defendant based on the implied promise of Defendant to provide Plaintiff with a reasonable
payment for services rendered plus costs and any other relief the Court deems proper.
Respectfully Submitted:
Kevin G. Robinson
Attorney for plaintiff
60 E. Middle Street
Gettysburg, PA 17325
(717) 334-3341
IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
MICHAEL P. MEYER,
Plaintiff
V.
Dr. MARK MASCAp
Defendant
No. 04-1165
VERIFICATION
The undersigned, Michael P. Meyer, hereby verifies that the facts and statements
set forth herein are true and correct to the best of my knowledge, information and belief.
I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unworn falsification to authorities.
y-
Date
--
Mic; 1 P. Meyer
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Curtis R. Long
Prothonotary
(Office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
[nu --/I I.S 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