The URL can be used to link to this page

Home My WebLink About01-4790COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL ~),/9~, (~/ FROM DISTRICT JUSTICE JUDGMENT CO.,,O.L,AS.. 0/-- /'/7C 2 NOTICE OF APPEAL Notice is given that the oppellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in tile case mentioned below LTl9 This block will be signed ONLY when this notation is required under Pc~ RC~.J-.P. N~ 1008B. This Notice of Appeal, when received by tile District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonoiary or Deputy If appellarrt wes CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 ( 6 ) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE 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) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be se~ed upon appellee). PRAECIPE: To Prothonotary __ Enter rule upon (Common Pleas Ncx RULE: To Neme ol appell~eis) within twenty (20) days after~~.*,~'vice of rule suf{~ X %, aopellee(s). (1) You are notified that a rule is hereby entered upon you to file a con~int in this appeal within twenty (20) days after the date of service of this rule upoe 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 --' ---6,~ ' 30 AYQ StH,L r coMMONWEALTH ,OF P~YLVANIA couNTy OF: CoMBER~ Mag Dist. No.: 09-1-02 DJ Name: HoD ROBERT V. MAN-LOVE ^oo~ess~ 1901 STATE STREET CAMP HILL, PA Te,ephone~ (717) 761-0583 17011-00~0 MICHAEL MOLDOVIN 1552 VALLEY VIEW RD MT JOY, PA 17552 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEandADDRESS FLANDIS, ROBERT L ~ 360 N 28TH ST CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS FMOLDOVIN, MICHAEL ~ 1552 VALLEY VIEW RD MT JOY, PA 17552 Docket No.: CV-0000129-01 J 4~~ Date F ed: 4/24/01 THIS IS TO NOTIFY YOU THAT: judgment': ' [-~ Judgment was entered for: (Name) r~ Judgment was entered against: (Name) DEFA~-'t,T d u~{ PLTF T,AI~TTiT.q.- ]~(%RRWqTM T, MOT,DOVTN: in the amount of $ '~: 24q _ OD on: ~-~ Defendants are jointly and severally liable. ~ Damages. will be as§esSed on: ~1 T~is case dismisSed without prejudice. . --]Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for days or [] generally stayed. I-]Objection to levy has been filed and hearing will be held: Date of Judgment) Amount of Judgment $ 3,166.0C Judgment Costs $ 83.0C Interest on Judgment $ .0C Attorney Fees $ .0(~ TOtal $ 3,249.0~ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Place: Time: MUST I/NcL~¢EA cOPy OF T~N~C~ JUD~.¢/~ ' BeefY t~t this is a ~PY~~ ANY PARTY HAS THE R. IGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTAR~!CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU T iT. NOTICEOF APPEA. ::~,US 2'i"tfiCt Justice )//eed,ng~.cont~,nfng th~: uq~ment. ~ :~ ' ~ ;: 'i~ Distfi~t justice ~ROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing ttTe not, ce of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appear, Common Pleas No. __ , upon the District Justice designated therein on (date of service) , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee (name) , on __ , 19 -- [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Ruie to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Ruie was addressed on , 19 . [] by personal service [] by (certified) (registered) maiD, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME OAYOF ,? Signature of affiant m ~ OFFICIAL USE Ill ~ OFFICIAL US ROBERT L. LANDIS, Plaintiff MICHAEL MOLDOVIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-4790 : Civil Action COMPLAINT The Plaintiff is Robert L. Landis (hereinafter "Landis"), an adult individual residing at 360 North 28~ Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Michael Moldovin (hereinafter "Moldovin"), an adult individual with an address of 1552 Valley View Road, Mount Joy, Pennsylvania 17552. 3. By way of a written agreement dated June 12, 2000, Landis agreed to sell one (1) 1932 Plymouth Model "PB Roadster" automobile to Moldovin. In exchange, Moldovin agreed to pay Landis $20,000.00. 4. At the time of the sale Moldovin paid to Landis only $17,000.00 of the $20,000.00 agreed upon price. Under the agreement between the parties Moldovin agreed to pay to Landis the balance of $3,000.00 due and owing on the purchase of the automobile within ninety (90) days. A tree and correct copy of the aforesaid agreement is attached hereto as Exhibit "A". 5. To date, despite several demands by Landis that the balance of $3,000.00 be paid, Moldovin has failed and refused to make payment. 6. Under the agreement, after ninety (90) days, interest at the rate of eight percent (8%) was to be added to the balance due on the sale. 7. Despite several promises by Moldovin that he would pay Landis the balance due, no such payment has been received. 8. Moldovin's failure and refusal to pay the balance due under the agreement constitutes a breach of contract. 9. As a result of Moldovin's breach of the contract Landis has suffered damages in the principal amount of $3,000.00. In addition, interest has been accruing on that sum at the rate of eight percent (8%) from September 12, 2000. 10. Each and every condition precedent for the bringing of this action has occurred or has been performed. WHEREFORE, Plaintiff, Robert L. Landis, respectfully requests this Honorable Court to enter judgment in his favor and against Defendant, Michael Moldovin, in the principal amount of $3,000.00, plus interest and costs. Date: August 30, 2001 Respectfully submitted, REAGER & ADLER, P.C. O Wflhams, Esqmre Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff 2 EXHIBIT "A" I, Robert L. Landis, verify the averments of the foregoing Complaint are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. By: Robert L. Landis CERTIFICATE OF SERVICE AND NOW, this 30th day of August, 2001, I hereby verify that I have caused a true and correct copy of the foregoing Complaint to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Michael Moldovin 1552 Valley View Road Mount Joy, PA 17552 H M~AS O{. WILLIAMS, ESQUIRE ROBERT L. LANDIS, Plaintiff MICHAEL MOLDOVIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No.: 01-4790 : Civil Action CERTIFICATE OF SERVICE I, Thomas O. Williams, verify that on September 24, 2001, I caused the Notice which is attached hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid and addressed to Defendants at Michael Moldovin, 1552 Valley View Road, Mount Joy, Pennsylvania 17552. A copy of the certificate of mailing is attached hereto as Exhibit B. Date: September 25, 2001 Respectfully submitted, REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff ROBERT L. LANDIS, Plaintiff MICHAEL MOLDOVIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4790 Civil Action TO: Michael Moldovin 1552 Valley View Road Mount Joy, PA 17552 IMPORTANT NOTICE DATE OFNOTICE: September 24, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Respectfully submitted, REAGER & ADLER, P.C. Thomas O. Williams, Esquire Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff EXHIBIT "A" u.s. ROSTAL SERWCE CE~ilPICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER /.p~ostmark. aocoiv.a Fro.~:Reager & Adler, PC PS Form 3817, Mar. 1989 'U.S.G.RO.: 1~- 32~2:~7 EXHIBIT "B" gG~L-ggL (LLL) ~g~-LLOLL ¥~ '~llH d~¥O