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HomeMy WebLinkAbout08-7324 COMMONWEALTH OF PENNS COURT OF COMMON PLEAS Judicial District, County Of (t NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ud 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 referenped belov_ NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plaids (Oe%ndert)' J dJ. 01 07 Ia ws d w'( '-d DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. I 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 SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sowtm 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 J,96?" t. &.7 6t/7 appellee(s), to file a complaint in this appeal Name of appeffee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. W Signature of appellant or attorney or a t RULE: To ?Q 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 ® of Prothonotary or Deputy '0? YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK- COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL 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 ofaffiant Signature of official before whom affidavit was made S rN- n o ? ' Vii.' ) r- Title of official V p t -.J My commission expires on 20 ? , J M COMMONWEALTH OF PENNSYLVANIA C'01 INTY nP- CUJKBERLAW Mag. Dist. No.: 09-3-04 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS DARLA l HAR7XAN , 170 OAK ROAD YOBS HAVEN, PA 17370 L J vs. DEFENDANT: NAME and ADDRESS 5WILDE1k, EDWARD Z. 125 TWIN HILLS ROAD DILLSBURG, PA 17019 L J Docket No.: CV-0000416-08 Date Filed: 6/27/08 MDJ Name: Hon. THOMAS A. PLACZY Address: 104 S SPORTINGI HILL RD NECHARICSBURG, PA Telephone: (717 ) 761-8230 17050 EDWARD E. WILDER 125 THIN HILLS ROAD DILLSBDRG, PA 17019 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date o` Judgment) 11/17/08 ® Judgment was entered for: (Name) TkRTKAN• DARLA ® Judgment was entered against: 1 (Name) 960 5 WILDER, RD93M E. in the amount of $ ' Defendants are jointly and severally liable. Damages will be assessed on Date & Time F]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 $ 1,795.76 $ 75.00 $ 89.79 $ .130 $ 1,960.551 $ 1 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. J!ZAd 8 Date I certify that this is a true an correc y of A16 M Date My commission expires first Monday of January, 2010 AOPC 315-07 ???.. .... tea........ _ •f ? /7., /Ad Magisterial District Judge containing the judgment. , Magisterial District Judge e - AA -nn +v SEAL Q T CAD PROOF OF SERVICE OF NOTICE OFAPPEAL 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 official before whom affidavit was made Title of official Signature of affiant My commission expires on , 20_ t.VMMVNVVtAL IN L)t PtNN5YLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NQTI" Of ANAL 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 theta and in the qase refer ced below.. - NAME OF APPELLANT MAG. ,4D ST. NO. NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ?- ZIP C06E DATE OF JUDGMENT IN THE CASE OF (Plaintifl) (Defendant)' VS OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under -Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) inaction 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. 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 ;) .ai . appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. 4f' ( ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant orattamey or aFIt RULE: To /1 appellee(s) Name of appellees) (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 flea'compleint 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 .. -Signs( of Proftww ery or deputy YOU MUST INCLUDE /A COPY OF THE NOTICE OF JUDGMMTfrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE: IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DARLA D. HARTMAN Plaintiff V. EDWARD E. WILDEN Defendant No. Civil Action- Law NOTICE TO DEFEND 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DARLA D. HARTMAN Plaintiff No. V. Civil Action- Law EDWARD E. WILDEN Defendant COMPLAINT 1. Plaintiff is Darla D. Hartman, an adult individual, sui juris, with a current mailing address of 170 Oak Road, York Haven, York County, Pennsylvania 17370. 2. Defendant is Edward E. Wilden, an adult individual, sui juris, residing at 731 Range End Road, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff and Defendant were dating each other from January 9, 2008 to March 23, 2008. 4. In February of 2008 Plaintiff assisted Defendant in looking for a vehicle and while defendant ultimately found a vehicle he was unable to purchase the same without a $2,000.00 deposit due to his bad credit. 5. Plaintiff offered to loan the Defendant the sum of $1796.00 from her personal line of credit with Citifinancial contingent upon him repaying the principal and any interest in the amount of $80.00 per month to start April 1, 2008. 6. On or about February 28, 2008 Plaintiff signed over a check for the aforementioned sum to Defendant. 7. The parties broke up on or about March 23, 2008. 8. Defendant never made a payment on the loan. 9. By letter dated March 27, 2008 the Plaintiff notified Defendant that she would accept $60.00 per month as per verbal discussion between the parties, however, Defendant did not respond and failed to make payment. The Letter is attached as Exhibit "A" 10. Defendant has made no payments to date. 11. Defendant's failure to pay has created an onerous financial burden to Plaintiff 12. Plaintiff relied to her detriment on Defendant's representations that he would repay the debt in full. 13. Defendant's refusal to repay the obligation has resulted in his being unjustly enriched. 14. Plaintiff has lost the time value of her money along with Court Costs, and. Sheriff's fees in regard to this matter. WHEREFORE, Plaintiff, Darla Hartman, requests the Court enter judgment in her favor for $1796.00 plus interest and costs. Respectfully Submitted, Darla Hartman, Pro Se 170 Oak Road York Haven, PA 17370 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this 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 unworn falsification to authorities. Plaintiff Date: • 3-z7-a8 Sccr?- , Ii -? 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