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Home My WebLink About01-6857C_t~MIIONWEA&TH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comman Pleas an _~,~-~,eal from the judgment rendered by the District Justice an the date and in the case mentianed bek~ L? This block will ~ ~ ONLY ~n ~is ~ is mqui~ ~ P~. ~ If appcll3'~t was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will ope[ule as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy 1001 (6) in actJo~ before DistrJct Justice, he MUST FILE A COMPLAINT within twenty (20) days after filJng his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fotrn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAEEC~E~ ~2~ , appo, ee(,), to file o comCaint in this appod e ~ t~rne fit (can..an No5-? c;,.', I RULE: To Name of (1) You am notified that a rule is hereby entered upon you to file a complaint in this apped 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-g0 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT_ ~ (This proof of service MUST BE FILED WITHIN TEN~(IO~., _ DAYS~ . .,~ETEB._ . filing, the notice of appeal, Check aPPlicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY QF :,~ ...... ; SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common,Pleas No. (date of service) upon thb-District Justice designated therein on receipt attached hereto, and upon the appellee, (name)'" [] by personal service [] by (certified) (registered) mail, sender's , on ., [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and 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 mail, sender's receipt attached hereto. · ..........[] by personal service [] by (certified) (registered) SWORN (AFFIRMED) ANB SUBSCRIBED BEFORE ME THIS DAY OF Scgnatufe of olficia/ befcre whom a~'dav/t Ti/e o! official My commissior~ expires on .................. OOMMONWEALTH Of PENNSYLVANIA ;OUNTY Of: C~E,W. L2~]D Mag. Dist, NO.: 09 -1-01 DJ Name: Hon. CHARLES A. CLE~raqqT, JR. Address: 1106 CARLISLE ROAD CAMP HILL, PA T.~.phone: (717) 761-4940 17011 RICHARD A. GROSS 331 BOWMAN STREET BERWICK, PA 18603 ,qq- 03"// THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) t,.~c)~: in the amount of $ I: 13~;~ _ q"/ on: ~'~ Defendants are jointly and severally liable. ~ Damages will be asSessed on: [---~ This case dismissed without prejudice. [~ Amount of Judgment Subject to AttachmentJAct 5 of 1996 $ ~ Levy is stayed for days or ['~ generally ~tayed, ~--~ Objection to levy has been filed and hearing will be held: CIVIL CASE ' PLAINTIFF: NAME and ADDRESS [.SRIE INS PO BOX 2013 MECHANICSBITRG, PA 17055 VS. DEFENDANT: NAME and ADDRESS [-GROSS, RICHARD A 331 BOWMAN STREET BERWICK, PA 18603 Docket No.: CV' 0000595'01 lDate F ed: 10/05/01 ~'gT~ T*M.q (Date of Judgment) (Date & Time) 11/nr,/n1 Amount of Judgment. $ 998 o 9'7 Judgment Costs $ 58.0C Interest on Judgment $ .00 Attorney Fees $ o 00 Total $ 1,056.97 Post Judgment Credits $ Post Judgment Costs $. Certified Judgment Total $ Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JU.DG~IENT BY;FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLE~5 C,[VII' '~i~i~lON; Y,(~I T FORM WlT~I YOUR NO:~ICE OF AppI~AL. MUST INCLUDE A C[~;i OF THIS NOTICE OF JUDG~ ~ ~ a . ,__~_, DiS'~ri~t Justiqe::' IIcertify that this is a true and correct copy of the record of the proceedings con~'lin-~ ,'~hej~l~g~ Date '""' ''~ J~i~l;dct "JbsticeI My commission expires first Monday of January, AQPC 315-99 2002 SEAL 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 COUNT¥OF d"~ ¢.~/~ ',SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy ,o¢ the Notice,of Appeal, Common Pleas No._ j}/'~.~_7 .. ~/,/.,'/, upon the District Justice designated therein on (date oF service)~._J~..__ z/, . ..~¢~_~ ............. [] b~, perstnal servLce J~ by (certified) (registered) mail senders receipt attached hereto, and upon'the appellee, (name) __~.4~¢¢_f'a/~_ ..._.,~ __~"tc, zL,(_ on ,-, Z2.~c_ _ (/ ..... ~_/ [] by personal service .[~ l~y (certifieU) (r~gistere---'- ~i~r~s~nder's r~ipt att-a~ed h~ereto, bi and further that I served the Rule to File a Complaint accomphnying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. ' SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THiS .... ~ ...... DAY OF T,~ie Ol o~Qc/a/I ~nndra L Bannon, NO~W ~ycommi ~o~[ex ~e-~'~kboro OolumbiaCounty I { , :~-,~[ ~mm~io_PExPirp~Mays'~03 Member, Pennsylvania Association oi Notaries S/gnatur~ of afl,an! John R. Ninosky, Esquire Attorney I. D. No. 78000 ~OLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff ERIE INSURANCE EXCHA~NGE : P.O. Box 2013 , : Mechanicsburg, PA 17055 : Plaintiff : : VS. : : RICHARD A. GROSS : 331 Bowman Street : Berwick, PA 18603 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6857 CIVIL TERM NOTICE TO THE DEFENDANT: 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 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: {717) 249-3166 {800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLJ~ME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 72657. 1 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZM3%N & SHIPMJ~N, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff PoC. ERIE INSURANCE EXCPLANGE : P.O. Box 2013 , : Mechanicsburg, PA 17055 : Plaintiff : : vs. : : RICH~i{D A. GROSS : 331 Bowman Street : Berwick, PA 18603 : IN THE COURT OF COMMON PLEAS OF CUMBERIJ~ND COUNTY, PENNSYLV~NIA CIVIL ACTION - LAW NO. 01-6857 CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Erie Insurance Exchange, by and through its counsel, Goldb~rg, Katzman & Shipman, P.C., who files this Complaint by respectfully stating the following: 1. Plaintiff is a business entity, licensed to issue insurance policies in the Commonwealth of Pennsylvania, and which has a business address of 4901 Louise Drive, P.O. Box 2013, Mechanicsburg, Cumberland County, Pennsylvania, 17055. at 313 Bowman Street, Berwick, 18603. 3. On February 16, 2001, Defendant is an adult individual who Columbia County, currently resides Pennsylvania, Defendant had an insurance policy with Plaintiff which insured a 1989 Toyota Camry automobile with Pennsylvania license place number HEP 857. 4. On February 16, 2001, Defendant was involved in an automobile accident with the subject automobile. 5. Defendant received payment from Plaintiff in the amount of $998.97 to repair damages to the vehicle. 6. Defendant subsequently received an estimate which indicated the total amount of damage to the vehicle was $450. 7. Upon receiving the information that Defendant had an estimate of $450, which was less than the applicable deductible, Plaintiff demanded the repayment of the $998.97. 8. Defendant has refused return the payment of Plaintiff notwithstanding his notice of the overpayment. 9. Defendant is not entitled to the $998.97 which he was paid by Plaintiff. 2 WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $998.97, together with interest, delay damages, and costs of suit. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. John~] ~in~sky] Esquire Attorney I. D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff 72657.1 3 VERIFICATION I,.~~~- , an authorized representative of the Erie Insurance Exchange, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made ~n the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S, §4904. DATE: 72660.1 ERIE INSURANCE EXCHANGE SHERIFF'S RETURN - OUT OF COUNTY ~ASE'NO: 2001-06857 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS GROSS A RICHARD R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GROSS RICHARD A but was unable to locate Him in his bailiwick. deputized the sheriff of COLUMBIA County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, to On January 23rd , 2002 , this office was in receipt of the attached return from COLUMBIA Sheriff's Costs: Docketing Out of County Surcharge Dep Columbia Co 18.00 9.00 10.00 49.00 .00 86.00 01/23/2002 R./Thomas Klin~ Sheriff of Cumberland County GOLDBERG KATZMAN SHIPMAN Sworn and subscribed to before me this &0 ~ day of~ A.D. Prothonotary HARRY A. ROADARMI:L, JR. SHERIFF OF COLUMBIA COUNTY ERIE INSURANCE EXCHANGE VS RICHARD GROSS Docket # 6857CFW2001 NOTICE SHERIFF'S COST 49 PAID AFFIDAVIT OF SERVICE NOW, THIS FRIDAY, JANUARY 18, 2002, AT 12:30 PM, SERVED THE WITHIN NOTICE UPON RICHARD A. GROSS AT 331 BOWMAN STREET, BERWICK BY HANDING TO MIKE, SON, A TRUE AND ATI~ESTED COPY OF THE ORIGINAL WRIT AND MADE KNOWN TO THEM THE CONTENTS THEREOF. SWORN AND SUBSCRIBED BEFORE ME THIS FRIDAY, JANUARY 18, 2002 SO ANSWERS, X SHERIFF HARRY A. ROADARMEL JR. SRsHERIFF In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange VS. Richard A. Gross SERVE: Richard A. Gross No. 01 6857 civil Now, January 2, 2002 hereby deputize the Sheriff of Columbia deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service }qOW, within ,20 , at o'clock M. served the upon at by handing to a and made lmown to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of 20__ Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT ERIE INSURANCE EXCHANGE, Plaintiff VS. RICHARD A. GROSS, Defendant IN THE COURT OF COMMON PLEAS OF Cb%~BERLAND COUNTY, PENNSYLVANIA NO. 6857 CIVIL ~2001 RULE 1312~1, The Petition for Appointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINTM~qT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John R. Ninosky~ Esquire , counsel for the plaintiff~9~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 998.97 The counterclaim of the defendant in the action is ........ The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: John R. Ninosky~ Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT J~n R. ' osky, EsquSro AND NOW, , 19 , in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of /~ , 2002, addressed to the following: Richard A. Gross 331 Bowman Street Berwick, PA 18603 GOLDBERG, KATZMAN & SHIPMAN, P.C. 78277.1 John/R. Nlnosky, Esq' -~uire P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: (717) 234-4261 ERIE INSURANCE EXCHANGE, Plaintiff RICHARD A. GROSS, Defendant IN THE COURT OF COMMON PLEAS OF Cb%{BERLAND COUNTY, PENNSYLVANIA NO. 6857 CIVIL ~2001 RULE 1312~1, The Petition for Appointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John R. Ninosky, Esquire , counsel for the plaintiff/~Fe~f~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $998.97 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: John R. Ninosky~ Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT .Jl~hn R. y, Esquire Esq., and~r '~3~'~-~5~~ ,Esq., are appointed arbitrators in the above-captioned actfon (or actions) ~s prayed for. By the~~ Po Jo CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~ day of ~ , 2002, addressed to the following: Richard A. Gross 331 Bowman Street Berwick, PA 18603 GOLDBERG, KATZMAN & SHIPMAN, P.C. 78277.1 John/R. Ninosky, E~-~uire P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Plaintiff Telephone: 717) 234-4261 ERIE INSURANCE EXCHANGE RICHARD A. GROSS IN RE: ARBITRATION PANEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · 01-6857 CIVIL TERM ORDER OF COURT AND NOW, August 14, 2002, the Court having been informed that Timothy Keating, Esquire, is unavailable for the above-captioned arbitration hearing, Gregory Cutler, Esquire, is appointed in his stead. By the Court, ,,,'Robert L. O'Brien, Esquire Chairman Court Administrator In The Court of Common Pleas of C,~herland County, Pennsylvania ) ~o. ) ) C/ O'AiH We do sol~-mly swear (or affirm) that we will support, obey and defend ~he Constitution of the United States and the Constitution of ~his Common- wealth and =hat we will discharge =he duties of our office with fidelity. AWARD We. the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d~,~ges for delay are awarded. =hey shall be separately stated. ) applicable.) Date of Hearing: Date of Award: · Arbitrator, dissents. (Insert name if NOTIC~ OF ENTRY OF AWARD Now. the ~o~ day award was entered upon ~h no~ice ~her'eof given by ~il ~o the parties or their Arbitrators' co~e~a~ion ~o be paid upom appel: ~ ' Deputy