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HomeMy WebLinkAbout09-7599I h OF FLNNUTLVANIA COURT OF COMMON PLEAS Judicial District, County Of QLt t1 b, was DISTRICT JUSTICE JUDGMENT o59? COMMON PLEAS No. 0 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. GLk4sha I I 16 -, - y x IJet&I It _tg 6r Ll >Ljl ba eye ?-- ADDriESS OF APPE-1 Crrr she iw 3 J -5 DATE of JUDGMENT IN THE CASE OF (PYi9M ? 101510xI P l^r ?A(-.K I., P_r-? h (k?l P1, lJ CU-Goo Ga(o3--a9 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL FROM before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Wing the NOTICE of APPEAL. SO-(- of AoMoeorary -Dv* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of than 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 01 "V cr s appellee(s), to file a complaint in this appeal ' Name of appet WS) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. I Q C t_?bh ? ? ?'? S 6?1,{ Uc Signature of WORM( orattomey or agent RULE: To t V, appellee(s) Name of appeMeels) (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 mad. (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. Q L Date: 200Jn Signature or ry a YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 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 FiLED-ot:nCE OF THE p^?ITHONOTARY 2009 NOV - 4 AM 9: 3 4 PENN-SYLVAN A -3 --1 sJY 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 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 ofaf6ant Signature of official before whom affidavit was made Tide of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA COTITY OF: CUMBERLAND Mag. Dist. No.: 09-2-02 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fil E S, JACK as BETTY A. PO BOX 1017 CARLISLE, PA 17013 L -? VS. DEFENDANT: NAME and ADDRESS rMILLER-GUTSHALL, BERTHA R 48 E LOUTERR ST CARLISLE, PA 17013 L -I Docket No.: CV-0000263-09 Date Filed: 8/13/09 MDJ Name: Hon. JESSICA BRIMAKER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Teiephone: (717 ) 240-6564 17013 BERTHA R. MILLER-(UTSHALL 48 E LOUTHER ST CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT 01)D0)11[ WT PLTF (Date of Judgment) 10/05/09 Fx1 Judgment was entered for: (Name) MYERS, JACK a BETTY A. ® Judgment was entered against: (Name) MILLER-OUTSHALL, BERTHA R 6 049 4 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 $ iss.5u $ • $ U0 $ 6,049.42 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. 1)151()I Date T ? I certify that this is a true and Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 TISOPM VQT1MIM. 1 A /0r, /09 at-99!00 AM aA • lh1>?a Magisterial District JL kAA copy of the record of the proceedings containing the judgment. Postal 'CERTIFIED MAIL,., RECEIPT D (Domestic Mail Only; No Insurance coverage r ru M CN CISLE PA' 1703 ?- ru st1.44 ru Postage $ 0013 C M Certified Fee $2.80 18 C= 0 O Postmark_ Return Receipt Fee Here C3 (Endorsement Required) ?2• ??I' O O - C iF1? Restricted Delivery Fee -- + t -TIF; p (Endorsement Required) .f r, ul b, s C ? , rU Total Postage & Fees $ X5.54 il/?4?2009 1 3nw _ -r} Er- Sent To 1 f _ , a fl`f -------p- O Street, At. No.; r- or PO Box No. - - - ...----- Ciry, Stata, ZlP+4 PROOF OF SOMM OF NICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER Ning of the notice of appeal. Check applicable boxes.) COMMONWEALT qF PENNS LVANI COUNTY OF ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Plea ,?;KW, upon the District Justice designated therein on (date of service) , 20 0 Q by personal service y certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ?W? = 6?= -- , 20 ,>9 ? by personal service Q y (certified) (register mail, sender's rece' tfittached hereto. (SWORN) SCRIBEDBEFORFIVIE THIS Lt I 20Q Signature of official b a a was made k)bktVu 411c, Title of official My commission expires onV o V 20 0-9 NOfARK SEAL DARCIE A. NEIL, Notary Public Qoro of Carrbertand My Com"0 1 l4,U ?..w?.w..? . s4. .L &tia !2 Signature of afrant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. . ; 7591 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. LuLA DATE OF JUDGMENT IN THE CASE OF (PleiMm _ ( l• I C" r DOCKET No. T OF APPELLANT OR ATTORNEY OR AGENT } .. j K J... 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 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. SgMhre of ~wndwy or DepNy 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 } Name of aWetree(s) appeliee(s), to file a complaint in this appeal (Common Pleas No. 4 14 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. )f1 c.. ' 4 L ( ?7: (?Y , slgnatu,e oI appabant oraWmsy or agent RULE: To , Ca ;ip- appellee(s) Name of appatlee(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 rote upon you by or by certified or registered mail. (2) if you do not aYtpctm *nt wi # ih il*,time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date p s*vice of;this-rule if seryi& Asi s by mail is the date of the mailing. f ? . Date: 20 0p? t >f ? IaGC /? • ,?? a YOU MUST IN)gLOPE, A COPY OF, T TICE OF JUDGIIIENTITRANSCRiPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHrrE -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 JACK MYERS & BETTY MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION -LAW BERTHA R. GUTSHALL, NO. 09-7599 CIVIL TERM Defendant 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 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 800-990-9108(PA only) (717) 249-3166 JACK MYERS & BETTY MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. BERTHA R. GUTSHALL, Defendant CIVIL ACTION - LAW NO. 09-7599 CIVIL TERM COMPLAINT 1. Plaintiffs, Jack Myers and Betty Myers, are adult individuals currently residing at P.O. Box 1017, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Bertha R. Gutshall, is an adult individual currently residing at 48 East Louther Street, Apartment 5, Carlisle, Cumberland County, Pennsylvania. 3. On or about April 5, 2006, Defendant approached Plaintiffs in an effort to borrow the sum of two thousand five hundred dollars ($2,500.00) from Plaintiffs for purposes of paying her attorneys, the law firm of Abom & Kutulakis, in criminal proceedings in which Defendant was involved. 4. Defendant, to the best of Plaintiffs' knowledge, was charged with various criminal counts, including embezzlement, for sums she reportedly embezzled from Dickinson Township, Cumberland County, Pennsylvania. 5. As Defendant is Plaintiff Betty Myers' niece, she agreed, with Plaintiff Jack Myers to loan the sum of two thousand five hundred ($2,500.00) dollars to Defendant for purpose of paying her attorney's fees, on the condition that the sum would be repaid at the rate of one hundred dollars ($100.00) per month. 6. By use of an AT&T Universal credit card, Plaintiff, Betty Myers, did charge the sum of two thousand five hundred dollars to the law firm of f Abom & Kutulakis for legal services they were to provide and did provide to the Defendant. 7. In April of 2006, Defendant discussed with Plaintiffs the fact or claim that Defendant had a vehicle repossessed for failure to pay the loan on the vehicle and that she was without any type of transportation. 8. In late April of 2006, Defendant was without a vehicle and requested financial assistance from the Plaintiffs in purchasing the vehicle. 9. Defendant advised Plaintiffs that she had located a 1998 Ford Explorer at Cumberland Valley Motors which would cost, together with all title expenses and fees, the sum of five thousand one hundred fourteen dollars and ninety-two cents ($5,114.92). 10. By check drawn on the account of the Plaintiffs at Members First Federal Credit Union, check number 1687, Plaintiffs paid the sum of $5,114.92 to Cumberland Valley Motors for purposes of allowing the Defendant to purchase a 1998 Ford Explorer. 11. The sum so loaned to Defendant from the Plaintiffs was loaned based upon Defendant's agreement to repay Plaintiffs at the rate of $100.00 per month. 12. From the time of the loan of $2,500.00 and the separate loan of $5,114.92 were made from the Plaintiffs to Defendant, Defendant made intermittent payments to the Plaintiffs totaling $1,700.00. 13. On July 30, 2006, the parties executed an Agreement that they had prepared without the assistance of counsel, indicating that "in the event that a delinquency in payment should occur on behalf of Bertha R. Miller 4 [now known as Bertha R. Gutshall] to Betty Myers for the 1998 Ford Explorer VIN Number 1 FMZU34E3 WUA99218 the ownership of the vehicle named will be turned back over to Betty Myers." 14. The signed and notarized Agreement between Defendant and Plaintiff, Betty Myers, further stated "In the event of Bertha R. Miller's death, ownership of the 1998 Ford Explorer VIN Number 1 FMZU34E3 WUA99218 will be turned over to Betty Myers." 15. When Defendant stopped making payments to Plaintiffs pursuant to the parties' Agreement, the Plaintiff made contact with Defendant and requested that she begin making payments on the remaining balance due of $5,915.92 relative to the two loans made by Plaintiffs to the Defendant. 16. When Defendant failed and refused to make additional payments on the sum due to Plaintiffs, Plaintiffs retained counsel who corresponded with the Defendant in an effort to initiate renewed payments on the sum due from Defendant to Plaintiffs. 17. Despite repeated and multiple requests made from Plaintiffs and Plaintiffs' counsel to the Defendant, Defendant has failed and refused to make payment on the sum due to the Plaintiffs as agreed. 18. Plaintiffs, through counsel, have requested that Defendant execute the title to the 1998 Ford Explorer pursuant to the terms of the parties' separate written agreement, for her failure to make payment as agreed, but Defendant has failed and refused to execute the title pursuant to the parties' separate agreement. 19. Plaintiffs agreed from the time of loaning the funds to Defendant that they would not charge any interest on the sum so loaned to Defendant. 20. Defendant's actions since demands for payment have been made, including her claim that she would defend the District Justice action that the Plaintiff's initiated against the Defendant only to have Defendant fail to appear at the hearing, and the instant proceedings, are all evidence of Defendant's dilatory, vexatious and obdurate conduct in creating additional expense for Plaintiffs and delaying Plaintiffs' ability to secure the sum due to them. 21. A sum of $5,914.92 remains due and owing from the Defendant to the Plaintiff pursuant to the parties' agreement. WHEREFORE, Plaintiffs request your Honorable Court to enter a Judgment in the amount of $5,914.92 in their favor and against Defendant together with attorney's fees, cost, and interest. Respectfully Submitted, ey L riffle, Esquire torne for Plaintiffs GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: CK A. MYERS DATE: BETTY M S JACK MYERS & BETTY MYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW BERTHA R. GUTSHALL, NO. 09-7599 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the / kM day of November 2009, cause a copy of Plaintiff's Complaint to be served upon Defendant by first-class mail, postage prepaid at the following address: Bertha M. Gutshall 48 East Louther Street Apartment 5 Carlisle, PA 17013 DATE: 1 Rf 61 Pfa4Le'?L. Griffe, Esquire f?rney for Defendants '100 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 RLE>-OHCE OF ' PROTHONGTAFN 2889 NOV 19 AM 8* 22 GUMBE i .'ll"-1 ) cufIrly t ENNSYLVANIA JACK MYERS and BETTY A. IN THE COURT OF COMMON PLEAS OF MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION -LAW NO. 09-7599 CIVIL BERTHA R. MILLER-GUTSHALL,: Defendant ORDER AND NOW, this 2 ~' day of January, 2010, the appointment of Lorie Taylor, Esquire, to the Board of Arbitrators in the above-captioned case is VACATED. James W. Kollas, Esquire, is appointed in her place. BY THE COURT, Kevin ~l! Hess, P. J. /Charles Rector, Esquire Chairman ~ames W. Kollas, Esquire orie Taylor, Esquire Court Administrator C~c~, ~;~,~ ~ ~ c-~ N _ , , r- , ~ . rlm ~ ~.~ ! ~ 7 o C... .~ ~~ .b#. , _- _ :~ , ~- ~C~ S I'YL~C i F ~ ~; ~ u ~ ~ M . . - ~ l~.Z,l.1ld J _._.. ,• ~ ~ .;~;, ' ~ ~." 1 r.._ ...: 7 c .. ~ ..