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HomeMy WebLinkAbout08-5535COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of G -/- cvy diiAt va COMMON PLEAS No. a 'SS3-s 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. J. P)MOt . CV-6600 36Y -Or T This block will be signed ONLY when this rotation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. stnaft" of PmMmwtay - DW-dy NOTICE OF APPEAL apWant No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 T Enter rule upon Lv appellee(s), to file a complaint in this appeal Name of appedee(s) (Common Pleas No. S53? ) Within twenty (20) days after service of rule or suff% entry of judgment of non pros. we of appellant or attorney or agent appellee(s) RULE: To 70 jexT ?Y_ Name of appelfee(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: 9 lI S? , 20 d,0P ProBroaotary or tidy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 FROM DISTRICT JUSTICE JUDGMENT 17 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 SERWCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED 1MTHIN 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 official before whom affidavit was made Signature of aHiant Tift of official N My commission expires on 20 ? E`t'f rr' i < 'C 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OR CUMBERLA39D F . Dist. No.: Mag 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TONE COMMONS -SIIITE 3 NEM CUNgERLAND, PA Telephone: (717 ) 774-5989 17070 ROBERT J. PLONSKI 108 N. MADISON ST. APT/STE D HARRISBURG, PA 17109 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) NOTICE OFCJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS -, rHOFFNER, SUSAN I 513 POPLAR AVENUE NEW CIIMBERLAND, PA 17070 L VS. DEFENDANT: NAME and ADDRESS rPLONSKI, ROBERT J 108 N. MADISOft ST. APT/STE D HARRISBURG, PA 17109 J L J Docket No.: CV-0000368-08 Date Filed: 7/25/08 (Date of Judgment) 9/03/08 HOFFNzj&, SUSAN 'I ® Judgment was entered against: (Name) PLONSKI, ROBERT J . 1,569.1 in the amount of $ 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 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ i 1540 0 $ $ 1,569.121 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE CIVIL DIVISION. YOU OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, 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 JCOURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL UDGMENT S ENTERED N THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE JUDGE. UNLESS THE 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 2008 Date I certify that this is a true and correct copy of the record of the Date 2014 My commission expires first Monday of January, Magisterial District judge ings containing the judgment. Magisterial District Judge SEAL AOPC315-07 . %fffm no'rWWVn_ 9/03/08 9:29:00 AN Susan I. Hoffner : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-5535 CIVIL TERM Robert J. Plonski : CIVIL ACTION - LAW Defendant 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 of 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 Bar Association 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 Susan I. Hoffner : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-5535 CIVIL TERM Robert J. Plonski : CIVIL ACTION - LAW Defendant COMPLAINT 1. The Plaintiff is Susan I. Hoffner an adult individual who resides at 513 Poplar Avenue New Cumberland, PA 17070. 2. The Defendant is Robert J. Plonski an adult individual who resides at 108 North Madison Street Apartment D1 Harrisburg, PA 17109. 3. On or about December 4, 2007 the Defendant indicated to the Plaintiff that he and the Plaintiff should fly to Jamaica and that the Defendant would make the necessary arrangements upon payment to the Defendant for the Plaintiff's costs of the flight and housing. 4. The trip was scheduled to occur June 7, 2008 and the Plaintiff provided to the Defendant $800.00 which represented the costs for the flight and the lodging. The payment was made to the Defendant in the amount of $300.00 on or about February 15, 2008 and the remaining $500.00 was paid to the Defendant on or about April 28, 2008. 5. It was understood that on the date of departure, the Defendant was to arrive at the Plaintiffs residence at or about 9:00pm. in order to depart to Mr. and Mrs. Antonio Maceo's residence where upon the two couples would travel together to the airport and to their destination in Jamaica. 6. The Plaintiff attempted to contact the Defendant during the course of the day of the departure which was on or about June 6, 2008. The Plaintiff did not answer the telephone inquires nor did he contact the Plaintiff prior to their departure. 7. The scheduled trip was to begin June 7, 2008 and conclude on June 15, 2008. 8. The Defendant neither arrived at Plaintiff's residence to meet and take Plaintiff to the Maceo's residence nor did he contact the Defendant in any manner during the scheduled departure day. 9. In preparation for the trip the Plaintiff incurred expenses relative to the securing of a passport. 10. On or about June 6, 2008 the Plaintiff placed approximately three telephone calls to the Defendant's cell number between noon and 6:09pm to which no response was received; Plaintiff drove to Defendant's residence between 9:30pm and 10:15pm and the Defendant was not there. In addition, Plaintiff attempted to call Defendant's cell number from 9:52pm until 11:01 pm eight different times without response and after leaving voicemail messages. 11. On or about 11:27pm on June 6, 2008 Mr. Antonio Maceo contacted the Plaintiff to determine what her status was as it related to the trip to Jamaica and for the first time it is believed that Mr. Maceo discovered that the Defendant failed to contact the Plaintiff and refused to honor the agreement that had been made between the parties. 12. When the Plaintiff spoke to the Defendant on or around 11:30pm on June 6, 2008 she was advised that the Defendant needed time to think" or words to that affect and that he intended to travel on the trip alone without the Plaintiff. 13. The Defendant had purchased the airplane tickets in his name alone and the tickets were not made available to the Plaintiff in order that she could participate in the trip. 14. Because the flight tickets were in the name of the Defendant, the Plaintiff has been unable to redeem or secure reimbursement of the cost of the flight tickets. 15. At no time has the Defendant attempted to make the Plaintiff whole as a result of his refusal to honor the agreement that was made between the parties in December, 2007 and ultimately consummated with a receipt of the $800.00 in April, 2008. 16. The Plaintiff experienced the following costs as a result of the Defendants breech of the agreement: a. flight and lodging costs-$800.00, passport - 160.00, cost of mileage to supervisor's house - $22.38, wages at ITT June 5, 2008 - 198.00, PUC wages June 5, 2008 - $46.29, June 6, 2008 wages PUC $123.44, June 9-13th -$609.49, certified letter to Defendant - $5.32. 17. The Plaintiff verified on August 26, 2008 that the ticket remains unused, has not been picked up, and is located at the airlines. In addition, the cost to redeem the tickets would be $100.00 and they are only in the Defendant's name. WHEREFORE, the Plaintiff respectfully requests this court to award her the costs and expense of the unused airline ticket and lodging, passport, wages, the cost of gasoline consumed transporting her pet to her supervisor, and the cost of this suit for a total $1,964.92 plus attorney's fees. In addition, this action should be assigned to Board of Arbitrations for resolution. ?? Date Respectfully Submitted len R. Waltz, ire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Supreme Court I.D. No. 39789 (717)245-9688 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. /fir141 Date Susan I. Hoffner CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint, by first class, postage pre-paid and depositing same in the United States Mail, Certified Return Receipt, postage pre-paid on the 17 day of October, 2008, from Carlisle, Pennsylvania, addressed as follows: Robert J. Plonski 108 N. Madison St. Apt. D Harrisburg, PA 17109 TURO LAW OFFICES C en R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 39789 C"7 r.a ate` c?ti Susan I. Hoffner Plaintiff V. Robert J. Plonski Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5535 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiffs, with prejudice. Respectfully Submitted TURO LAW OFFICES Date len R. Waltr quire 28 South Pitt reet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff