The URL can be used to link to this page

Home My WebLink About04-1951COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM CUMBERLAND COUNTY JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT ?--?- COMMON PLEAS No. 9-3-05 ?(- i Q?l (= t tail. [FQ 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 Justic on the date and in the case mentioned below. Xs.MI ov ,1141L,X1 c. Dnr. Xo. ow X,Me o. o.J. James T. O'Hara, Inc. Gayle A. Elder ,oowev, o. w.•cu,nr - clrr ,va ar coo[ Moscow Pennsylvania 18444 RR 9, Box 9433 O,T6 OI JUDOMCHT IM TX[ Cl.it OI I?r,r.nr.rl/ IO•hno..rr 4/1/2004 John F. Stamy, III. VS. James T. O'Hara, Inc. CL,.rM XD. NATUXC D. ,.I[LI,NT DD X,. , X,6"`.'XT CV 19 00000-45-04 LT 19 This block will be signed ONLY when this notation is require under Pa. If appellant was Claimant (see Pa. R.C.P.J.P. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) inaction before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon John F. Stamey, III. appellees), to file a complain[ in this appeal CC /?'f ry(am0 of appellee(s) (Common Pleas No.( ?" ?QJ? ` t•r?LL.. 1 within twenty (20) days after service of rule or suffer entry of 'udgment of non pros. of appellant or lMSaftorney or agent John F. Stamy, III. a Ilee s RULE: To ppe ( ) Name of appelleefs) (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 notfile a complaint within, this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. J Date: '4460,1"o -,C?. C ?/ igrptuoJ Prothonotary orp?`put/y/ CPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL :AND RULE: ft f- iLf E;OlAilf-AIN"i (This proof of seance MUST BE FILED WITHIN TEN 00) OAKS AFTER ft:+g the i n+ _ Bpd, <:her.?rc pplicaL?le ?oxos' COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: hereby sweat or atflrm that r served SS j ? a copy of the Notice of. Appeal, Common Pleas No. upon +he Ostrict Jusuc.. d4N qn E.,d ,h"c (date of servicel- ----- 19__..,. (j by Pe,son a se v'rc '.y rce", T edgy Regisa ed) n,a r-Ceipt attached hereto, and upon the appellee, enamel on 19 ____ .? by personal ,err, cf ? by 'r r nhf d7 q s=e,rr, 7 sa r,c> wcelot n.achwl h"""t f. L; and further that I served the Rule to File a Complaint ac<:oarpow; a the above Not,cr, ui Aopodl opoi, 11),Plff•J,, to whom the Rule was addressed on 19 by petsor a b (cr+ + Cc l -„q mail, sender's receipt attached hereto. SWORN 1AFFIRMEW AND SUBSCRIBED BEFORE ME THIS.- DAY OF $iynatornn p+olficiol beloie whom,"'ddvir was..fade Title of ofhr,al My rorr,m,ssion exleres O irt; ? m 'I_ .•..w s:.C1 C'_ O ? rr. G Cj :S G -< Q?_ COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No, PLAINTIFF: NAME antl ADDRESS 09-3-05 FSTAMY III, JOHN F. DJ Name: Hon. 1191 BAISH ROAD GAYLE A. ELDER MECHANICSBURG, PA 17055 Address: 507 N. YORK ST. L J MECHANICSBURG, PA Vs. DEFENDANT: NAME and ADDRESS Telaphone: (717) 766-4575 17055 rJAMES T.O'HARA, INC ATTN.J.OHARA JR RR9 BOX 9433 LMOSCOW, PA 18444 J JAMES T.O'HARA, INC ATTN.J.OHARA JR Docket No.: CV-0000045-04I RR9 BOX 9433 Date Filed: 2/23/04 MOSCOW, PA 18444 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.AT14TIFF Judgment was entered for: (Name) STAMY TTT, Jnum F _ ® Judgment was entered against: (Name) TAURS T -n' HARA, TNC: in the amount of $ 1 1496. 50 on: (Date of Judgment) 4/07 104 7 Defendants are jointly and severally liable. (Date & Time) 7 Damages will be assessed on: Amount of Judgment $ 1,087.50 Judgment Costs $ 69.00 This case dismissed without prejudice. Interest on Judgment Attorney Fees $ $ .00 300.00 Total $ 1,456.50 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $ damages arising out of residential - _------_ _ lease $ 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, ? // /d Ct Date . / (, • &&,7 , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2006 . , District Justice SEAL AOPC 315-03 DATE PRINTED: 4/01/04 3:46:32 PM JOHN F. STAMY, III, AND DIANE STAMY, Plaintiffs V. JAMES T. O'HARA, INC. Defendant : NO. dQ - ?a5 I : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. You may lose money, 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. LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en Is corte. Si usted quiere defenderse de estas demandas ezpuastas en las paginas signientes, usted tiene viente (20) dias de plazo al partir de Is fecha de Is demanda y la notifscacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrlta sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en In peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDUMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA. CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date: 5 -IA-04 By Attomey I.D. 58851 3805 Market Street Camp, Hill, PA 17011 (717) 975-9446 Law Office of Darrell C. Dethlefs JOHN F. STAMP, III, : IN THE COURT OF COMMON PLEAS AND DIANE STAMY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. JAMES T. O'HARA, INC. CIVIL ACTION -LAW Defendant T COMPLAIN AND NOW, comes Plaintiffs by and through their attorney The Law Office of Darrell C. Dethlefs, who in support of their Complaint, aver as follows: Plaintiffs, John F. Stamy and Diane Stamy, are husband and wife, and reside at 1191 Baish Road, Mechanicsburg, Pennsylvania, 17055. 2. Defendant, James T. O'Hara, Inc., is a corporation with a principal place of business located at RR9, Box 9433, Moscow, Pt?L 18444. 3. Plaintiffs are the owner of the property located at 1520 York Road, Carlisle, PA 17013, a copy of which is attached hereto. 4. Defendant was hired to, by the Monroe Township Municipal Authority, to do certain sewer related work in Monroe Township, Cumberland County, Pennsylvania. 5. On or about July 16, 2002, Defendant, without permission or authorization entered upon Plaintiffs' property located at 1520 York Road, Carlisle, Pennsylvania. 6. While the property of Plaintiff without permission defendant parked and operated equipment and vehicles upon the property. Defendant's unauthorized activities upon Plaintiffs' property caused damage to Plaintiffs' Timothy Corp in the amount of $607.50. Defendant's unauthorized activities upon Plaintiffs' property caused damage, which resulted from the compaction of the soil and compaction of stones in the soil in the amount of $480. WHEREFORE, Plaintiff demands judgment in their favor against Defendant in the amount of $1087.50 plus court costs and interest. G? c 1 J. Py Esquire Attorney Id. No. 58851 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 JOHN F. STAMY, III, AND DIANE STAMP, Plaintiffs V. JAMES T. O'HARA, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL. ACTION -- LAW Verification I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. fl? Diane Stamy Jo tamy R-201-AT-Warranty Deed, Short Form. Act of 1909-Arranged for Photo-Renording Henry Hall, Inc., Indiana, Pa. ocb P Aw tp MADE THE 30'-' day of ?n (H of our Lord one thousand nine hundred seventy-se en (,1977) BETT17EF.N CECELIA EVA ALLEN, widow, of Monroe Township, Cumberland County, Pennsylvania, hereinafter called and JOHN F. STAMY, III of in the year Grantor , Monroe Township, Cumberland County, Penns*rlva.nia, hereinafter called Grantee : WITNESSETH, that in consideration of One Hundred Fifty Thousand and no/100 ------------------------------- ($150,000.00)------------------- in hand paid, the receipt whereof is hereby acknowledged, the said grantor do es hereby grant y grant and conneor to the said grantee his heirs and assigns, ALL those two certain tracts of land with the improvements thereon erected, situate in Monroe Township, Cun Berland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a stone In the York Road; thence by land now or formerly of the Heirs of Daniel Diller, North 22 degrees 45 minutes East, 74.8 perches to a stone; thence by land now or formerly of John Plank, North 80 degrees 30 minutes West 75,9 perches to a stone; thence by land now or formerly of Samuel Diller, South 37 degrees West 41.3 perches to a post in the York Road; thence by said road, South 55 degrees 30 minutes, East; 24.6 perches to a post in said road; thence South 42 degrees West 115.5 perches to a post; thence by land now or formerly of Leonard Diller, South 54 degrees East 38.1 perches to a hickory; thence fJorth 149 degrees 45 minutes East46.1 perches to a nnnlar thence by land now or formerly of Leonard Diller, South 54 degrees East 33.5 perches to a post; thence by Tract No. 1 above, North 42 East 45.5 perches to the Place of BEGINNING'. CONTAINING 9 acres, 150 perches. BEING the same property which George W. Allen, granted and conveyed to George W. Allen and Cecelia Eva Allen, his wife, by deed dated July 7th, 1967 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "K", Vol. 22, Page 404. The said George W. Allen died on January 31, 1977, whereupon Title became vested in fee simple in Cecelia Eva Allen, Grantor herein. COMMONWEALTH OF PENNS LVkIJI, DEPARTMENT OF REVENUE H TAXNSFER SEP3017 L50j= ° P.B.1H62 C(;VJAONWEALTH OF PENNSYLVANIA = "' DEPARTMENT OF REVENUE •a REALTY ' N TRANSFER SER30'77 I 5 0. TAX ° P.B.IIt62 AND the said grantor hereby covenant s and agree s that she will warrant generally the property hereby conveyed. Township elf)/.. Cumb. Co., Pa. _I% Real Esfafa Transfer Ta. LZ r Defa 3 V 77Am#.7J C`w Camb? / Dist. Col. Ag},` School Dist. Cumh. "tom Real EsfcO, C L C _} Lf oaf, Amt / _L Cmn?? ??Is#. Col. Al IN WITNESS WHEREOF, said grantor the day and year first above written. ha s hereunto set cdn L"o z C zm?m z?oc+ We' N c.°.. O ac, 'n >inio y CJ'm ?J ?NZ ...d m her hand and seal lgioneb. Oraleb anb IlelLnereb in the Presente at `-,?S .(N6?. ------------•----------•-----••--------•--•-----•------------------------- ------ M AL CECELIA EVA ALLEN ----------------------------------------------------------------------------------- ------------------------ I ----------------- -----.................... 9IDA State of PENNSYLVANIA l County of CUMBERLAND }ss. On this, the 30l• day of )))) (fie""k? the undersigned officer, personally appeared Cecelia Eva , 19 77 , before me, Allen, widow, known to me (or satisfactorily proven) to be the person whose name i s subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WIT NESS WHEREOF, I hereunto, a m and and offiScial seal. ....... _____ _ V. . 8 S ROGER .IRWIN (p -,Ar PUOLIC CARLISLE BOROLLGII. V,: W9U.Ci1,lNTY... _'__ .... ..... ...... . f e# LIlY. Gl1MMISSION EX IRES OCT. 1980 - ---- --- -- -- ---_ Title of Officer. c.+ - F J Sr T T Tl m ?- _,.y r'n u i1 CJ `1J JAMES J. POWELL, III, ESQUIRE ATTORNEY ID#: 08431 POWELL LAW 142 ADAMS AVENUE SCRANTON, PENNSYLVANIA 18503 (570) 961-0777 ATTORNEY FOR DEFENDANT JOHN F. STAMY, III : IN THE COURT OF COMMON PLEAS AND DIANE STAMY, OF Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-1951 JAMES T. O'HARA, INC. Defendant : CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW, comes the Defendant, James T. O'Hara, INC by his attorney, James J. Powell, 111 142 Adams Avenue, Scranton, Pennsylvania and hereby answers the within complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. This allegation is specifically denied since the Plaintiff, Diane Stamy, granted permission to the Defendant to enter on said property. Subsequent thereto, the Plaintiff John F. Stamy III, demanded removal of Defendant's equipment to which the Defendant immediately complied. Strict proof is hereby demanded. 6. Denied for the same reasons as set forth in allegation #5 above. 7. Denied. Since after reasonable investigation the Defendant is without knowledge, information, or truth as to this averment and strict proof is hereby demanded. 8. Specifically denied that the Defendant's activities were unauthorized and that there is damage to the soil in the amount of $480. In addition, this allegation is denied since after a reasonable investigation the Defendant is without knowledge, information, or truth as to this averment. WHEREFORE, Defendant requests that the within complaint be dismissed. JamOJ. Pow El, Attorney ID#: 08431 142 Adams Avenue, Scranton, PA 18503 Lames J. Powell, 111, Esquire ATTORNEY I.D. # 08431 POWELL LAW 142 Adams Avenue Scranton, PA 18503 (570) 961-0777 ATTORNEY FOR DEFENDANT JOHN STAMY, IN., and IN THE COURT OF COMMON PLEAS DIANE STAMY, : OF CUMBERLAND COUNTY Plaintiffs Vs. JAMES T. O'HARA, INC. Defendant CIVIL ACTION - LAW 04- 1951 .............................................::::::::::::::::::::::: CERTIFICATE OF SERVICE I, JAMES J. POWELL, III., ESQUIRE, hereby certify that I served a true and correct copy of the foregoing ANSWER TO PLAINTIFF'S COMPLAINT, upon the following counsel of record, by placing the same in the United States Mail, postage prepaid, first-class on the??iday of JUNE 2004: Michael J. Pykosh, Esquire 3805 Market Street Camp Hill, Pennsylvania 17011 t Jame J. Powe , I ., Esquire A ORNEY ID #.: 08431 ATTORNEY FOR DEFENDANT Barristers' Row - 142 Adams Avenue Scranton, Pennsylvania 18503 (570) 961-0777 VERIFICATION I, James J. Powell, III, Esquire, verify that the facts set forth in the foregoing ANSWER TO COMPLAINT are true and correct to the best of my knowledge, information, and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. J s J. Powell, III, Esquire DATE: y VERIFICATION I, James T. O'Hara, Esquire, verify that the facts set forth in the foregoing ANSWER TO COMPLAINT are true and correct to the best of my knowledge, information, and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. James 'Harmire DATE: ti C') r O r" c:'> .. -fl _ ' S _ f fSl c:.. - ? ? N _7 W -? V ... ? 1 . -` (a C ''1 -` Ga Curtis R. Long Prothonotary Office of the Protbonotarp ttCumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n?y - 19-51 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