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Home My WebLink About09-7653tr -. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Ou " -t NOTICE OF APPEAL FROM 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. C V 6 0- U-oCoo C-? sS- D This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. mo rjun" A, wIf- DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O 9 - 76 S3 tl 71.,•. a? s was aNnant Pa. R.C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. of Pr0V -fiWy v D** 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 app"WS) (Common Pleas No. appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. oI ap»Nant orattomey aagent RULE: To &" ol k. , appellee(s) {,S Noma s) (1) You are notified that a rule is hereby entered u 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. Date: ,20 siglw-ofP-ft-ohry-n pay 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- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY To BE SERVED ON DISTRICT JUSTICE 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 ofafhant Signature of official before whom affidavit was made Title of official My commission expires on 20 W LO Cu c c w b RS n S c % -? ? -? F '?. Ln -' Z i ) , C. ca z •• N C.l'1 ? s -.. COMMONWEALTH OF PENNSYLVANIA irr)l INTY nF• CO]LBZRLJM Mag. Dist. No.: 09-3-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS MELISSA D S E =ZCUMIZ . =E D, , EST OF E. GFURY 354 ALE UNDIR SPRW RD, *1 LCART-XSLE, PA 17015 J VS. DEFENDANT: NAME and ADDRESS 93- ILL, VEiR=M A. , ET AL. 259 JMW= ROAD NEIISURG, PA 17240 L J Docket No.: CV-0000258-09 Date Filed: 9/15/09 MDJ Name: Hon. E3=LD E. BENDER Add'ess: 3 5 M O>it]I =Z ST SEIPPENSBma, PA Telephone: (717 ) 532-7676 17257-0361 ATTORMEY DEP PRIVATE z S A. ADAMS 49 K ORAW9Z ST STE 3 SKIPPENSBD>ita, PA 17257-1813 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 10/07/09 IZI Judgment was entered for: (Name) RZZD• EZECUTRXX, MZLISSA D. Judgment was entered against: (Name) KILL, DENISE R. in the amount of $ 5, 944.5 Defendants are jointly and severally liable. F1 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 $ Total Post Judgment Credits Post Judgment Costs 5,800.0 M +:-......I $ .0 $ • $ 5,944.501 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. r1l f-C/ Date , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRXNTEDs 10/08/09 7z58z00 AN 2~~4~J i#~'!tY 1 ~ ~.¢ i ifJ: r ply ~~~~;~j~l~: .. _ _~. •. { ~ r _ ~ ~ ~ ~. ~'. ~ . 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 nofice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~u~~~ iC•v, ~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served V,CI~ ._ 7(~ oj.~ + a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on (date of service) ~ , 20 U Oj by personal service ^ by (certified) (registered) mail, . ~ sender's receipt atta hed hereto, and upon the appellee, (name) L~ ~ ~~ , on 20 Q ~ ^ by personal service by (c rtifiedJ (registered ail; sender's receipt attached hereto. (SWORN) (AFFIRMED) AN SUBSC IBED BEFORE ME HIS D Y OF _, 20Q~ Signature of ofriciai before w om affidavit was made n , ,~ Signature of affiant costal ServiceT~~ ITIFIEn MAILr~,, RECEIF Title of ofrcial 1 My commission expires on ~ ~ - ~ , 20~ 3 _ bEBdRAH wAi~R N. Nary Pr~Ic r~~P•. Cumbe-Iand ~ ExPM6e Nov. 8.2019 ~- ~l~ • r~Il:1~;F•TI[~nf~l~r•7t.t,~3rrt-r,rK~.i•~[at-1!ca~u~v,.r=~•.~ ~' ~ ..- - - -• r~ o _~ _ 0251 __~_E_. ~ Postage $ 11 O Certified Fee ~'I matk ~ , O Return Receipt Fee / j~yfe • ~i ~ ~, ~ (Endorsement Requred) /.~ \ ~ Restricted Delivery Fee ~ ~ ~ ~ ~~ (Endorsement Required) F { k /4a~•~y~Q ` '~ O ~+ ~ - I ~ Total Postage 8 Fees $ \ ~ ~) Sent To Q ~ ~ v _ _. ~ t . O ~~-u -.~~'=r-`I-~-~-------^u-U~ ----mac-- --f*~"+~- lrt' •. - ----- ~treet, f. No.; ~ ~ or PO Box No. ~ GJ E _~ ~~j ~~ ~(._s,n f r _ ~_- : ~'~/. _...___Y_ £_.. r` City srei®: z~~ t `f~ . `~~ l 70/ S D ~, l MELISSA D. REED, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF KATHLEEN S. GURY : Plaintiff V. VERNON A. HILL AND DENISE R. HILL, HUSBAND AND WIFE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2009-7653 COMPLAINT AND NOW, comes the Plaintiff, Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury, by and through the undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its complaint against Defendant as follows: 1. The Plaintiff, Melissa D. Reed, Executrix of the Last Will and Testament of Kathleen S. Gury, is an adult individual residing at 2796 Leitersburg Road, Waynesboro, Franklin County, Pennsylvania. 2. The Defendants, Vernon A. Hill and Denise R. Hill, husband and wife, are adult individuals residing at 259 Jumper Road, Newburg, Cumberland County, Pennsylvania. The Decedent, Kathleen S. Gury, died on February 18, 2009, and Letters Testamentary have been granted to the Plaintiff, Melissa D. Reed, Executrix on March 1 1, 2009 at file number 21-09-0234 of the Register of Wills Office, Cumberland County, Pennsylvania. A copy of the Grant of Letters is attached as Exhibit A. 4. In reviewing documentation of the Decedent, it was noticed by the said Executrix that a substantial sum of money was paid to the Defendants for lawn mowing service. 5. In reviewing the checks that were issued to the Defendants for work performed from approximately February, 2008 to October, 2008, the amount totaled Six Thousand Five Hundred Fifteen and 00/100 ($6,515.00) Dollars. 6. In an attempt to reconcile the charges, two letters were mailed to the Defendant, Vernon A. Hill requesting copies of invoices to justify the payment of Six Thousand Five Hundred Fifteen and 00/100 ($6,515.00) Dollars. Copies of the two letters are attached as Exhibit B. 7. An invoice received by the Decedent dated June 18, 2008 is attached as Exhibit C. This will reduce the amount of the demand by Three Hundred Ninety and 00/100 ($390.00) Dollars for a total of Six Thousand One Hundred Twenty Five ($6,125.00) Dollars. 8. The checks that the Decedent issued to the Defendants were from her account at Sovereign Bank and are attached and marked as Exhibit D. 9. The Defendants received this compensation through fraud or duress from the Decedent for work that was never performed. WHEREFORE, The Plaintiff claims of the Defendant the sum of Six Thousand One Hundred Twenty Five and 00/100 ($6,125.00) Dollars plus interest and costs, an amount requiring compulsory referral to arbitration under the local rules of court. Respectfully submitted, SALZMANN HUGHES, P. C. ~~~~ ` r~~u.~ ~ George F. Douglas, III, Esquire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 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. §4904, relating to unsworn falsifications to authorities. ?tilelis~a D. Reed, Executrix of the Last Will Testament of Kathleen S. Gury CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Respectfully Submitted, SALZMANN HUGHES, P.C. b M George F. Douglas, III, Esquire Attorney for Plaintiff Attorney ID No. 61886 REGISTER OF WILLS CU11!lBERLAN~D COUNTY PENNSYLVANIA CERTIFICATE OF GRANT OF LETTERS No . 2009- 00234 PA No . 21- 09- 0234 Estate Of: KATHLEEN S GORY /First, Middle, Lastl Late Of : SHIPPENSBURG BOROUGH CUMBERLAND COUNTY Deceased Social Security No: 203-70-5047 WHEREAS, on the 11th day of March 2009 an instrument dated February 19th 1996 was admitted to probate as the last will of KA THLEEN S GORY /First, Middle, Last1 late of SH/PPENSBURG BOROUGH, CUMBERLAND County, who died on the ISth day of February 2009 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFDRE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: MELISSA D REED who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 7 7th da y of March 2009. EXHIBIT **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST ) ZMANN GHES P.C. Attorneys at Law EXPERIENCE INTEGRITY INNOVATION 79 St. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax: (717) 249-7334 239 E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax: (717) 249-7334 *Please reply to Carlisle O~'ice Vernon Hill Hill's Lawn Mowing 259 Jumper Road Newburg, PA 17240 March 30, 2009 ~„ FILE COPY RE: Estate of Kathleen S. Gury and Hill's Lawn Mowing Service Dear Mr. Hill, I am contacting you as the attorney for the Estate of Kathleen S. Gury to request some information from you concerning the work you performed for Mrs. Gury. I have enclosed a copy of one invoice that I have in my file, however you apparently did some additional work for Mrs. Gury. I would like to request that you please forward to me copies of all invoices pertaining to any work you did for her. The Executrix of the Estate has provided me with some of Mrs. Gury's cancelled checks from Sovereign Bank and it appears that significant amounts were paid to you, your wife and your business. I have reviewed the following payments to you and request an explanation as to how this amount was charged to Mrs. Gury. The payments I have are as follows: • 2/2/08 $65.00 • 5/21/08 $50.00 • 5/29/08 $200.00 • 6/5/08 $400.00 • 6/27/08 $5,000.00 • 10/8/08 $800.00 • Payment from Dean Wri ton approximately 11/9/2007 $3 000 00 TOTAL: $9,515.00 ~~ ATTORNEYS G. Bryan Salzmann, Esq. Stephen E. Patterson, Esq. Melissa K. Dively, Esq. Samuel E. Wiser, Jr., Esq. James D. Hughes, Esq. LeRoy S. M ghes, Esq. George F. Douglas, iII, Esq. Adam R. Schellhase, Esq. Nancy H. EXHI BIT rison, Esq. Donald E. LeFever, Esq. Charles E. Zaleski, Esq. Ann F. DeP Ables, Esq.* Thomas J. Finucane, Esq. Patricia R. B ineau, Esq. Also Admitted to Georgia Baz Eileen C. Finucane, Esq. William W. s, Esq. WWW SA LZMANNHUGHES.COM ~. Vernon Hill March 30, 2009 Page Two Please contact me as soon as you can to discuss this important matter. Thank you for your attention to this request. Sincerely, SALZMANN HUGHES, P. C. ..~ ~~ George F. Douglas, III, Esq. GFD/krc Cc: Melissa D. Reed, Executrix ~LZMANN GHES P.C. Attorneys at Law EXPERIENCE INTEGRITY INNOVATION 79 St. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax: (717) 249-7334 239 E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 401 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax: (717) 249-7334 *Please reply to Carlisle Office June 3, 2009 Vernon Hill Hill's Lawn Mowing 259 Jumper Road Newburg, PA 17240 RE: Estate of Kathleen S. Gury Dear Mr. Hill: FILE COPY I sent you a letter on March 30, 2009, a copy of which is enclosed, concerning the amount of money you received from Kathleen S. Gury for lawn care service. I ask that you please forward me any information you can provide on how the amounts you received were invoiced. If I do not hear from you before June 15, 2009, I will move forward with legal proceedings to collect any amounts you received that were not properly accounted for through service that was provided to Mrs. Gury. Please contact me as soon as you can to discuss this matter in more detail. Sincerely, SALZMANN HUGHES, P. C. George F. Douglas, III, Esq. GFD/krc Enclosure CC: Melissa D. Reed, Executrix Concentrating in Environmental, Land Use,l~lunicipal, Real Estate, Corporate, Estate Planning and Administration, and General Civil Litigation ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Charles E. Zaleski, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. LeRoy S. Maxwell Jr., Esq. Nancy H. Meyers, Esq. Ann F. DePaulis, Esq. Patricia R. Brown, Esq. William W. Thompson, Esq Melissa K. Dively, Esq. Rebecca R. Hughes, Esq. Susann B. Morrison, Esq. Laura Rebecca Ables, Esq.* David H. Martineau, Esq. Kurt E. Williams, Esq. Samuel E. Wiser, Jr., Esq. George F. Douglas, III, Esq. Donald E. LeFever, Esq. 'Also Admitted to Georgia Bar WWW. SALZMANNHUGHES.COM i ^ m ~ ~K - ~ O ~ m o ~ v ~, ~~_ m 7 a ~ ~ ~ A 'e.S 2 7 ~ m m a m n w ~ ~ rJ 2 ~ ~ ~ ~ ~ O . d a -, .. __ ... i :+; o ,: ~ ~ ~~ ~~ ~ s m `I ;~ ~~0 • O Z ~ D - ~ n A i ~ v - _- ~ y m - ~ m 1 - O . ~- O n Q D ,~ o r D x S ~ ~ ter, ~~ ~~ ~y ~t 'J S~ 4 EXHIBIT C y 4 ti ~'~, o D c b ~m ~m Q cn g ~'"'~. ;' ~~, o ,. D m, a z O ., ~ 1 ~.,. `_~ Y ~^ z ~. 1, ~ ` na ''.~~~ ` .~ - -, I -_ _`' ~r ~ j ~ Hsu ~~ m v ~ -~' ~, L ~~~; .~ ~ ~ ~~~ r ~ _ xgr3stdn 1. ~ ~~~~ ~,Y'yri *, `~ nvro6asu ~E '~~. - _'-Si9P,PE~51~ ,M ~'k~ ~ dim -<r' ~ ~; .. t°on~c~- vx ~ 9 ,ti f - u~xxs-~ '~. ~ ~~Soversign~Ban`k ~ s~~r..~e~a~ea`~c ~ a :; - ~ ,.. 3531060651- ~ FILE COPY EXHIBIT D ., I ~~ 1 ~ I ~ »... ~.~ `.. l/1/JL~ ,dv~ T~I~B~' aN~l~/` /~~"h/j/L ~',~' " ~ ~(l Plaintiff vG-- fP~Vo nJ j~2, ~ ~ L JG ~v 1~ ~~N~S ~.~- ~, ~ J l 'J Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ~ CI - 7 rv g~ ?j Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United tates and the Constitu ' of this Commonwealth and that we will discharge the duties of our office h fidel' ' ~ ,y~ Snnignature ~j,~~ Signature Signature d f ~ JC .~ctll2nlp A. ~4'/lr.~ /~e (Cha' an) t~ ~~~~iP~~' / Law/' F'um ~/~-~- off; Address `' ~~7e~~~. ~' ~ ~ City, ip Name Jann.pr ~ac~ 4s Law Firm 1300 /YlarkP~f- S~. s~;{~ ~~ Address ~ernavno ~~ /7a y3 City, Zip Name Law Firm Address City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) W E" eC/N~.7 /N ~'A1't/O~ d'~- 5~~'" bG ~c.~r,~/ ?~ ~1 /I/s's' ~rtJ !~ Date of Hearing: Date of Award: ~/!/ /6lON ~ /D /IJ /O~IJ name if (Chairman) Notice of Entry of Award Now, the ~d`~day of , 20~(,~, at ,',S , ~.M., the above award was entered upon the docket and notice there given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ~3sU . ~ /~ , T~ ~ /~i+I'~4T/~~S' ~'L sy: fl'~ /~~edcF~ livl~'~ S'Z/~ ~i' ~ 'r TI ~'~ - i~ r.: ,~~ ~'v i , ~ ~_ C.~~~~~5' ~1~~ ~ ~~ / ~o Af~ ~. A,~~~ ~.~ y ~ `~ { y s - 4, "~