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Home My WebLink About01-6503COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland JUDICIAL DI~RICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLSAS NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal fi'om the judgment rendered by the D/strict Justice on the date and in the case mentioned bele~ ~Jennifer Amsley -~ · , Chan__~_dler AZ 85249 -~_~01 Hi--and Garde~rensen 'D~ block will b~ ~ ONlY ~'~n thi~ ~ol~fio~ i~ mqoir~l u~:t~- This Notice of Appeal, when received by the Dish'ict Justice, will operate as a 1001 (6)in 8ct~on before D/strict Justice, he MUST SUPERSEDEAS fo the judgment for possession in this cas~ FILE A COMPLAINT within twenty (20) days after Signature of Prot~a~y or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foffn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Disb'ict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter ruleupon Larry Sorensen t/a Highland Gardens /~ . cNa,-e of an0e~e/s~ , appellee{s), to file a complaint in this apped RULE: To. Larry Sorensen t/a Highland Gardens / / (I) You are noti~,~d tt~t a rule is ~ entem~ upon you fo file a complaint in t~s alAoeGI within twenty (20) c~s af'~- the dute of servk:e of this rule upon you by personal service or by cedified or registered rnuiL (2) If you do not file a compluint wit~n this time, a JUDC~AENT OF ~ PROS WILL BE ENTERED A~INST YOU. (3) The ~ of service of this rule if service was by mil is the dute of mailinG AO6rC 312-84 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 (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 ~] a copy of '(he Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) [] by personal service ~ by (certified) (registered) mail, sender's ' , on receipt attached hereto, and upon the appellee, (name) , [] b persona service [] by (certified) (registered) mail, sender's receipt attached hereto. 19 _ -'..Y ~.~.~cnm~)anvin~ the above Notice of Appeal upon the appellee(s) towhom ~ andfurtherthat served the Hu eto~-llea~,~,,,- ,19_ , [] by personal service [] by (certified) (registered) the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF, 19 . Signature of alfiant Signature of official before whom affidavit was mede Title of officie! My commission expires or~ FROM : COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~"13t~,Aa,TD 09~1-01 : (717) ' 7~1-4940 17011 234 BiL'wz'~I,N'B DRIV'B ~'I~N'ZCB~,DKG, PA 17055' TI~IS IS TO NO~'iFY YOU THAT: --Judgment: PHONE NO. : POl NOTICE OF JUDGMENT/'FRANSCRI~T i'LAI.~,~. CIVIL CASE 423 BO~ 18~ ~ ~P ~[LL, PA 1~011 VS. DEFENDANT; NA~; =~ADOnCSS ~ICSB~G. PA 17055 h Docket No.: C~-0000395-01 Date Filed: ?/19/01 ..J ~'] dudgmer~t was entered for: [] Judgmen! was entered against; (Name) In the amount of $ 1: ~1'7.47 on: ['~ Defendants are jointly and severally liable. ~ Dar~ages Wll.be assessed on: '.:' ,':"~. Tl~is case dismissed withuul prejudice." " (Name) ~I'ml~'T.A~-T3 ~a~,r31=n~/t..~13Ry' SOR]~,TSE (Date of Judgment) . 1 nj~,l-7./nl (Date & Time) ~ Amoun! of.Judgment Subject to Attaohment/Aot 5 of 1996 $. [] Levy is stayed for_ .days or ~ generally stayed. Objection to levy has been filed and hearing will be held: Amount of Judgmeni" '$~ Judgment Costs $ 89.3 0 In/ere. st on Judgment $ .00 Attorney Fees $ - 00 Total $'1 217.4' Post Judgment Credits $. Post Judgment Costs Cerllfled Judgment Total Place: ANY PARTY HAE~ THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF.J~D~MENT BY FII.-'ING A NOTICE OF.ApPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON p~[A'~, CIVIL DIVISION. YOU MUST' INC'I~U'~E X ~0.Y'~F THIS'NOTICEOF'~J'UDOMENT/TRA~R,i~_~FoRM W~IT,, YOUR NOTICE or' APPEAL. t thio iea true and oorroc~t oopy of. the reoord of the proceedJogs cont~tnlng the judgment, Date ' , District Justic My eommie~ion oxpirec fir=t Monday of January, AOPC alS-ga 2002 SEAL 1::3 1::3 Postage · 3 4 Certified Fee (Endorsement Required) R~lp~nt3 Na~ (Pl~se P~nt C/~r/y) (to be co~/er) Sorensen t/.~...~g~land Gardens ~23 8outh 18th Street '~ State, ~P+4 ~, ~A Z70~Z r Postage $ .34 r~ Certified Fee m ~ 2.10 Postmark Return Receipt Fee ere ~ (E.Uo~eme.tRequ,r~) ~1.50 ~ Ca (E.do~ement Requital) /~ . ~N~ ~ J ~/p/~t'~ ~ (Pl~se Print Cl~rly) (to be ~ ~ by mailed I ~ ' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( Thia proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or afl rrn that I served givil ~ a copy of the Notice of Appeal, Common Pleas No, 01-6503 Tarm, upon the District Justice designated therein on (date of service) November 16, 2001 , [] by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Larry Sorensen t/a Hi§hland Gardens , on Mnv'~'"~'~r 16 ~-:1.9---2..00.11-3 by personal service~ by (certified) (registered) mail, sender's receipt attached hereto. [~nd further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on November mail, sender's receipt attached hereto~ SWORN (AFFIRI~[ED) AND SUBSQRIBED BEFORE ME /flZ, j. ,!. T~tle of officia! My coi~rhlssion expires on , -t,P,-~I'IO [ [] by personal service [] by (certified) (registered) / / S,gna,ureo,,' ,an, PLAINTIFF: Highland Gardens/Larry Sorensen 423 South 18e Street Camp Hill, PA 17011 In Court of Coaax~on Pleas of Cumberland County Pennsylvania Con-anon Pleas No. 01-6503 Civil Term VS. DEFENDANT Amsley, Greg & Jennifer 2043 E. Winged Foot Drive Chandler, AZ 85249 COMPLAINT: Starting in June of 2000, Greg and Jennifer Amaley ordered (and received) from Highland Gardens plants, trees, shrubs and mulch. These products were delivered to their home at 234 Skyline Drive, Meehanicsburg, PA. G-reg and Jennifer Amsley paid Highland Gardens in full for the products delivered on the 9t~, 12~, 19~ and 26a of June. In July of 2000, Crreg and Jennifer Amsley again ordered and received plants and mulch on the 3~, 25~ and 26~ of July 2000. The invoices for these deliveries are still outstanding. Crreg and Jennifer Amsley were not pleased with the performance of 20 perennial bedding plants after being planted by their landscaper. Highland Gardens, who does not guarantee the performance of annual and perennial bedding plants, credited the Amsley's for the perellnla!n. All the nursery items and mulch the Amaleys received in the months of June and July was sold to the Amselys at a discount fi.om the retail price. Highland Gardens has sent monthly invoices and made repeated calls to the Amsetys in an effort to retrieve the meney they owe for products rceeived. The Amselys have made no effort to pay on their balance due or return our phone calls. Greg Amsely contacted Highhnd Gardens only aider he was served with a civil complaint fi.om District Justice C?~rlca A. Clements ofl~ce. Highland Gardens is asking that Csreg and Jennifer Amsley pay the balance due on their account, which totals $1,128.17 and Judgment Costs of $89.30. Total Due Highland Gardens fi.om Greg and Jennifer Amsley is $1,217.47 Date HIGHLAND GARDENS/ LARRY SORENSEN Plaintiff GREG & JENNIFER AMSLEY Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6603 Civil Term DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendants, Greg and Jennifer Amsley by their undersigned counsel, preliminarily objects to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028(a)(2) as follows: 1. Plaintiff mailed a one page Complaint against the Defendants, a copy of which is attached hereto and marked Exhibit A to Counsel for the Defendants following the filing of an appeal from a District Justice Judgement and said Complaint was received on December 4, 2001. 2. The Complaint does not contain a Notice to Defend as required by Pa. R.C.P. 1018.1. 3. The Complaint does not contain a verification as required by Pa. R.C.P. 1024. 4. 1022. The Complaint is not divided into paragraphs as required by Pa. R.C.P. 5. The Complaint fails to identify whether the Plaintiff is Highland Gardens, Larry Sorensen or both and the Complaint is signed by Larry Sorensen as President of Highland Gardens and thus fails to meet the specificity requirements of Pa. R.C.P. 1019 in that the parties are not properly identified as an individual or a corporation. 6. The Complaint alleges the existence of writings, i.e., order slips, delivery slip and invoices which are not attached to the Complaint as required by Pa. R.C.P. 1019(i). 7. The Complaint, if in fact the Plaintiff is a corporation, fails to contain the signature of an attorney as required by Pa. R.C.P. 1023 and as otherwise required by law. 8. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by a motion to strike off a pleading because of a lack of conformity to the Rules of Civil Procedure. WHEREFORE, Defendants request that the Plaintiff's Complaint be stricken. Date: Respectfully Submitted, Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Defendants, hereby certify that I have on the date shown below served a copy of the foregoing Defendants' Preliminary Objections to Plaintiff's Complaint to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Larry Sorensen Highland Gardens 423 South 18th Street Camp Hill, PA 17011 Date: Respectfully Submitted, Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827