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HomeMy WebLinkAbout04-2276COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JddiClal District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. d~ NOTICE OF APPEAL Nobce 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 da~e and in the case referenced below. / ADDRESS OF APPELLANT STATE ZiP CODE - DATE OF JUDGMENT I IN THE CASE OF (PleintifO (Defendant)' I~ - DOCKET No vs ISIGNATUREOFAPPELLANTORATTORNEYORAGSNT 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) in action 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. 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. PRAEClPE: To Prothonotary Name of appellee(s) (Common Pleas No. ~).~'_ ~o~, ~'~ _)withintwenty(20)daysafterserviceofruleorsufferentryofjudgmentofnonpros. t~nature o~ appellant or al~rney or agent 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. . you MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDMBERT~D Mag DiEt NO: 09 -1-O1 CHARLES A. CLEMENT, JR. A~e$$: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA r~,ep~o~e:(717) 774-5989 17070 GLENDA MAXTON/NEW INSIGHT 716 STATE STREET LEMOYNE, PA 17043 CIVIL CASE · ~_.t~LAINTIFF: NAME and ADDRESS WILLIAM L DIETRICH, MA, LCSW 90 RINGNECK DRI~-E HARRISBURG, PA 17112 VS. DEFENDANT: NAME and AQDRESS FGLENDA MAXTON/NEW INSIGHT 716 sTATE STREET LEMOYNE, PA 17043 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV-0000139°04] Date Filed: 3/25/04 T~S IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was (Name) entered for: ~l Judgment was against: (Name) entered FOR PLATNTIFF WTT,T,TAM T, DTR~RTC. R', MA, GT.RNDA [WAYTON/NRW TNflTGR'T in the amount of $ R22. Rtl on: (Date of Judgment) 4/22/84 ~'~ Defendants are jointly and severally liable. (--~ Damages will be assessed on: ~'~ case without prejudice. This dismissed ~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ~-~ Portion of Judgment for physical damages arising out of residential Pease $ (Date & Time) Amount of Judgment $ 735 o O0 Judgment Costs $ 87 o SO Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $ 822.50 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 MUS*I' 1~1~ FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE SSUED BY THE D STR CT JUST CE> UNLESS THE JUDGMENT tS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE NTE~S~ED IN THE JUDGMENT MAY F LE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGME~ ~BTOR PAY~ I~ULL, SE~LES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. _ apr 2 · ~ ~ ~, ' , District Justice I certify that this is a true and correct copy of the record of the proceeding~ containing t~ judgment. Date , District Justice My commission expires first Monday of January, 2008 . AOPC315-03 DATE PRINTED: 4/23/04 9:34:56 AM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (Th~s ~r~of ~f se~¢]ce MUST BE F~LED ~TH~N TEN (?~)~ DA YS /~F7 E~7 ~#r~q of the n~t~ce o£ ~pea¢, Check app'~ cable bcx~s ) , COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~..~m~]:~.~X~'~ ;ss AFFIDAVIT: ~ hereby (swear) (affirm} that I served a copy of the Notice of Appeal, Common Pleas No, , upoe the District Jdstice designated there~n on (d~,teofservi~,e) ~J~l ,20~, D by personal service ~ by(ce¢tff~d}(e9istered)mai! seeder's re~ipt attached hereto, and upon the appellee, (name) t~ ~ N%~ ~ ~ ~ ~ on SeRder's receipt attached hereto (SWORN~(A~IRMED) AND SU~BSCRIBED BEFORe? ¢/1E NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC CarlYle Boro, Cumberland County My Commission Expires April 4, 2005 AOPC 3t2A ~ 02 William L. Dietrich 90 Ringneck Drive Harrisburg, Pa 17112 Paintiff V. Glenda Maxon/New Insights 716 State Street Lemoyne, PA 17043 Defendent Court of Conmaon Pleas of Cumberland County Civil Action Law May 31 Term, 2004 No. 04-.2276 (Notice To Defend) COMPLAINT 1. Plaintiff, William L. Dietrich, is a resident of Dauphin County, Pennsylvania. 2. Defendant, Glenda Maxon, is the Assistant Director of the business, New Insights, at 716 State, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff is requesting the payment of back wages in the amount of $735.00. 4. Plaintiff is requesting Judgment Costs in the amount of $87.50. 5. Plaintiff is requesting a total of $822.50. The back wages are for 24 sessions from clients that were either self-pay accounts, missed appointments, clients that were scheduled to be paid through Medical Assistance when the new fiscal year stm-ted (2003), or patients that changed insurance status from when I was emple,yed with New Insights ending in April 2003 and the last payment I received from New Insights in March 2004. 7. According to my contract, I am to be paid $30.00 per client hour or half of the insurance reimbursement, whichever is greater. (Signature of Plain~ / (Address) COUNTY OF: CUMBERLAND 09-1-01 Chades A. Clement, Jr Address: Olde Towne Commons 400 Bridge St- Suite #3 New Cumberland, Pa. 17070 · e~epho..: (717)774-5989 CIVIL COMPLAINT PLAINTIFF: NAME and ADDF~ESS ~hone:& ¢1 "&& ~% Fax: AMOUNT DATE PAID FILING COSTS $ ~<~. ~ / / POSTAGE $ / / SERVICE COSTS $ r~ ~). ¢'Z) / / CONSTABLE ED, $. ~'~ D-O / / No.: V- / q Date Filed: Plaintiff's Attorney: Telephone: ( TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ / ¢ g'~.-~ together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): verify that the facts set fo~h in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. ~ 4904) related to unsworn faisffication to authorities. Address: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY TI-tIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER, YOU MUST APPEAR AT THE HEARING AND PRE:SENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this officB at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A~03 COPY COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C~E~ 09-1-01 CHARLES A. CLEMENT, JR. A~ .....400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717) 774-5989 17070 WILLIAM L DIETRICH, MA,LCSW 90 RINGNECK DRIVE HA~ISB~TRG, PA 17112 THiS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FWILLI;~M L DIETRICH, MA, LCSW ~ 90 RINGNECK DRIVE HARRISBURG, PA 17112 L VS. DEFENDANT: NAME and ADDRESS FGLENDA MAXTON/NEW INSIGHT ~ 716 STATE STREET LEMOYHE, PA 17043 Docket No.: CV-0000139-04 Date Filed: 3/25/04 FOR pLATNTIFF Judgment was entered for: (Name) Judgment was entered against: (N~m.,e), in the amount of $ ~,22 _ c;f~ on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ [~ Portion of Judgment for physical damages arising out of residential lease $ '/[~T.'R~T~A MAY~PON/'~T~W IN.qT~TT (Date of Judgment) (Bate & Time) Amount of Judgment $ 735.00 Judgment Costs $ 87.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 822.50 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 INTERESTEO 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. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice! J My commission expires first Monday of January, 2008 . AOPC 315-o3 DATE PRINTED: 4/23/04 9:34:56 SEAL COM?IONWEAL~H ~F PENNSYLVANIA C~URT OF COMMON PLEAS ~?~';: '~ ~Judicial District, County Of NOTIC~ OF APPEAL FROM DIST~CTJUSTIOE COMWlONI NOTICE OF A~I~PEAL Not[ce is giyen that the appellant has filed inthe aboye Coud of Common Pleas an appea[ from the.judgment rendered by the Olstr!ct Justice on ~h~.d~e archi i~ t~,~b ~eferenced b~6~. ' . / ~ ..... ~ ~ .. ~ , - 3OCKET ND. This bledk will be signed ONLY wnen this notation is required under Pa. R.C:P.D.J. No. 1008B. This Notice of Appeal, when receiYed by the District Justice, will operate as a SUPERSEDEAS {o the judgment for poss~s~ion.[~ this ca~e SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT If appellant was Claimant (see Pa R.C.P.D.J. No. '1001(6j in action before a Distdct Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling the NOTICE of APPEAL. 4, . PRAB~IPE TO-:EN, ~ER RULE TO FILE COMPLAINT AND RULE TO FIL, E (This sectiop of fo?m to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before DistricJ Justice. IF NO T USEDi 'det~ch ~rom copy of notice of appeal to be served upon appellee PRAEClPE: To Prothonotary Enter rule upon '~,,..~ \ \~,~ (~,~. ~ ~'~ C~ ~ ~ r'~ [' ~ appellee(s), to file a cemplaint ia th~appe~ Name of appellee(s) ~ (Common Pleas No..:.~ ~ .. ~ ~ ~ ) within ~enty (20) days after se~ice of rule or suffer ent~ of judgment of non ~ros. RULE, T6 ~ ~ ~ ~ ~ (~l'~ ' app~[ee(s) - Na~ of appellee(s) (1) You am noti¢ed that a rule is hereby entered upon you to file a complaint in this appeal within twen~ (20) da~ aQer the date of se~i~ of this rule upon you by pemonal se~ice or by ce~ified or registered mail. (2) If you dp,net, file a,c~plaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) Tl~(~ d~te of service ol t ,hiS,rule ~f service was by mad ~s the date of the madmg. Date:)~'~-,~\j /~. 20 0 ~" /~' '¢~' ' Yi~'U~M'UST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIIPT FORM WITH THIS NOTICE OF APPEAL. ~OPC 312~02 ' ,-~¢,.; WILLIAM L. DIETRICH Plaintiff VS. GLENDA MAXTON/NEW INSIGHTS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 04-2276 PRAECiPE TO SETTLE AND DISCONTINUE TO PROTHONOTARY: Kindly settle and discontinue the above captioned case and mark the docket satisfied as t~'~ all Defendants. Respectfully submitted, Wil_iam ~ Dietrich Plaintiff