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HomeMy WebLinkAbout04-3367COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~,j.~--.~[~_~' ~.~j~ 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. NAME OF APPELLANT ADDRESS OF APPELLANT DOCKET No. CITY STATE ZIP CODE (Defendant)' dill M tll'5 This block will be signed ONLY when this notation is required under Pa. 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. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT If appellant ' ( ee a R C P D J No. 1001(6) in action 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 se~ed upon appellee. PRAEClPE: To Prothonotary upon d0~ h I'f~/-- 0 .~ 0 Y'tq ~ appellee(s), to file a complaint in this appeal Enter rule Name of appellee(s) (Common Pleas No. ~/~,. ~,~ ~7 C~t'(, )within twenty (20)days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) ~ S'gnatureofappellantorattomeyoragent 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 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVJC£ OF NOTICE OF APPEAL AND RULE TO F~LE COMPI, AINI COMMONWE&L NO5 E~-INSYLd/~, i/', ( OUNTY OF ; [ } bxper~olalsevc~ [ oV(:erif(c regis~er~s(~ (SWORN} (AFI'IRMED)/,ND S,~BSCR BED BEFO {E TdS DA ,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-02 ROBERT V. MANLOVE ^oc~ess: 1901 STATE STREET CAMP HILL, PA (717) 761-0583 JILL MALIS 200 PENNSYLVANIA AV CAMP HILL, PA 17011 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAMEandADDRESS FOSBORNE, JOSEPHINE 107 PARK VIEW RD AGNT HERBERT & ALETE BAER ~EWCUMBERLAND, PA 17070 VS. DEFENDANT: NAME 6~d AQORESS ~MALIS, JILL 200 PENNSYLVANIA AV CAMP HILL, PA 17011 Docket No.: CV- 0000181- 0A Date F ed: 5/07/04 _J THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) E~ Judgment was entered against: (Name) FOR PT.ATNTIFF OSSAf)R~IR, JO.q R PT~TN~. ~fAT.T.q, JILT. in the amount of $ on: (Date of Judgment) S/14/04 [~ Defendants are jointly and severally liable. E~ Damages will be assessed on: [~ 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 $ (Date & Time) Amount of Judgment $ 1,000.00 Judgment Costs $ 80.75 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,080.75 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 INTERESTED 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 isa true~ My commission expires first Monday of January, 2006 . AOPC315-03 DATE PRINTED: 6/14/04 10:37:01 AM -' '.. D~triCt Justice contair~ng the judc~r~oq,¢. ;l ~ ,DIstnct Justice SEAL AOPC 312A - O; COMMONWEALTH OF PENNSYLVANIA ! COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMO.,AS.o.t 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. NAME OF APPELLANT Jill ']). MAG. DIST. NO. I NAME OF D.J. CITY I1ol1 0 t or c..- Jill H tli' v$ · SIGNATUE£ OF APPELLANT OR ATTORNEY OR AGENT DOCKET NO. This block will be signed ONLY when this notation is required under Pa. 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. If appellant was Claimant (see Pa R C P D J No. 1001(6) in action 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 Enter rule upon ~U 0 ~r(- p ~31P,J- (Common Pleas No. ~. RULE: To ~OY~ ~-- appellee(s), to file a complaint in this appeal Name of appellee(s) il 'L ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Ir' I~ ~ , appellee(s) ' ~- ' ' Signature of appellant or attorney or agent (1) You are n of this rule upon (2) If you (3) Date: upon you to file a complaint in this appeal within twenty (20) days after the date of service a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. YOU MUST I E NO~ICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILl Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff JOSEPHINE B. OSBORNE, by and through her Power of Attorney, ALETE BAER, Plaintiff JILL MALLS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN REPLEVIN DISTRICT JUSTICE APPEAL .NOTICE TO DEFEIVD_ 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 a]nd notice are served, by entedng a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are wamed 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 dghts important to you. IAWY YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE! THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Associ,ation 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717)249-3166 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JOSEPHINE B. OSBORNE, by and through her Power of Attomey, ALETE BAER, Plaintiff, JILL MALIS, Defendant NOTICIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. IN REPLEVIN DISTRICT JUSTICE APPEAL Le han demandado a usted en la corte. Si usted guiere dellenderse de estas demandas expuestas en las paginas suguientes, 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 pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otms derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMI-'NTE. SI NO TIENE ABOGADO O SI NO VAYA E. PERSO.A O PO. oO,OE,E PUE~E CO,SE~U,.,~,S,~',7,"~_."~"'~ ~SC.,,. ~,~O P~, AVER,~UAR Lawyer Referral Service Cumberland County Bar Associiation 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box I09 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JOSEPHINE B. OSBORNE, by and through her Power of Attorney, ALETE BAER, JILL MALIS, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN REPLEVIN DISTRICT JUSTICE APPEAL COMPLAINT AND NOW, this 30th day of July, 2004, comes the Pla[intiff, through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, upon a cause of action in replevin, whereof the following is a statement: 1. Plaintiff, Josephine B. Osborne, is an individual residing at Manor Care-Camp Hill 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Plaintiff's Power of Attorney is Alete Baer, (hereinafter referred to as "Baer"), an individual residing at 107 Parkview Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant, Jill Malls, is an individual residing at 200 Pennsylvania Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 4. On or about April 27, 2001, Plaintiff executed a Power of Attorney appointing Baer as her lawful agent and Power of Attorney, granting her full power to transact business and manage the Plaintiff's property and affairs. 5. On or about June 8, 2003, the Plaintiff was evaluated by J. Stephen Snoke, D.O., who diagnosed the Plaintiff with a senile/dementia condition, noted that her prognosis was deteriorating and that her potential for rehabilitation was limited. 6. In Dr. Snoke's opinion, the Plaintiff was no longer mentally competent to make decisions regarding her personal, financial, or healthcare-related interests, and Dr. Snoke advised that, for the Plaintiff's own personal safety, she needed to be placed in a supervised residential area or assisted living environment. 7. On or about July 1, 2003, the Plaintiff was placed in an assisted living facility at Manor Care- Camp Hill, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 8. On or about July 3, 2003, after evaluation by staff at Manor Care-Camp Hill, the Plaintiff was in the Arcadia Unit based on a determination that the Plaintiff suffered from a senile/dementia/Alzheimer condition. 9. Upon information and belief, it is believed and therefore averred, that the Defendant visited the Plaintiff at Manor Care-Camp Hill following the Plaintiff's placement and took advantage of the Plaintiff's deteriorating mental condition in order to obtain written authorization by the Plaintiff for the Defendant to enter the Plaintiff's apartment building at Pennsylvania Place Apartments and remove numerous items of the Plaintiff's personal property, including all of the Plaintiff's jewelry, table lamps, and artwork. 10. Upon information and belief, it is believed and therefore averred, that the Defendant did, in fact, go to the Plaintiffs apartment at Pennsylvania Place and remove a substantial amount of the Plaintiff's property, including the aforesaid jewelry, table lamps, and artwork. 11. Upon information and belief, it is believed and therefore averred, that the Defendant is still in of the Plaintiff's jewelry, table lamps, and artwork. 12. Plaintiff is the owner of the jewelry, table lamps, and artwork at ~ssue in this case. 13. Plaintiff is entitled to immediate possession of the aforesaid jewelry, table lamps, and artwork. 14. The Defendant continues to wrongfully detain the aforesaid jewelry, table lamps, and artwork, and has unlawfully deprived the Plaintiff of possession of the aforesaid jewelry, table lamps, and artwork. 15. The Plaintiff, by and through Baer as her agent and Power of Attorney, has demanded the return of the aforesaid jewelry, table lamps, and artwork, but the Defendant continues to refuse and neglects to return the Plaintiff's jewelry, table lamps, and artwork. 16. The value of the jewelry, table lamps, and artwork is approximately $3,000.00. 17. Upon information and belief, it is believed and therefore averred, that the aforesaid jewelry, table lamps, and artwork are presently in the possession of the Defendant. WHEREFORE, Plaintiff demands judgment against Defendant for possession of the aforesaid jewelry, table lamps, and artwork, or alternately, in lieu of possession, the monetary value of the jewelry, table lamps, and artwork, as well as special damages sustained by Plaintiff due to the loss, use, unlawful detention and potential damage to the Plaintiff's property, and punitive damages due to the willful, malicious, oppressive, and fraudulent conduct of the Defendant to gain possession of the jewelry, table lamps, and artwork, together with costs of litigation and interest from July 1, 21003. :232863 8524-2 JOHNSON, DUFFLE, STEWART & WEIDNER By: Wade ID. Manley~ t~ '~ Attorney I D No. 87244'''-~ 301 Market Street P O Box 109 Lemoyr~e, PA 17043-0109 (717) 761-4540 Attomeys for Plaintiff VERIFICATION I, ALETE BAER, do verify that the statements made in tile foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unsworn falsification to authorities. Date: Alete Baer CERTIFICATE OF SERVICE AND NOW, this,~ ~,4~(.~/~..day of~ 2,_? ~?~--, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing COMPLAI1NT upon a District Justice Appeal, pursuant to Pa. R.C.P.D.J. No. 1005(D), upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Jill Malls 200 Pennsylvania Avenue Camp Hill, PA 17011 JOHNSON, DUFFLE, STEWART & WEIDNER ~-. Cadeen S. ~j~en JOSEPHINE B. OSBORNE, by and through her Power of Attorney, ALETE BAER Plaintiffs JILL MALLS Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 1N REPLEVIN : : NO. 04-3367 ANSWER AND NOW COMES the defendant, Jill Malis, through her attorneys, Adler & Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 5. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the troth of this averment. 6. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 8. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 9. Denied. Defendant did not take advantage of plaintiff. Defendant did obtain authorization to enter plaintiff's apartment. Defendant did take certain items of personal property pursuant to plaintiff's instruction, which instruction was confirmed by an employee at Pennsylvania Place when that employee called Josephine Osborne to confirm with her that defendant could enter the apartment to obtain the requested items. Josephine Osborne confirmed with the employee and Defendant that she could remove these items to take them to Josephine Osborne. 10. Admitted in part and denied in part. It is admitted that plaintiffremoved some items from plaintiff's apartment pursuant to plaintiff's instruction, but it is denied that this was a substantial amount of plaintiff's property. 11. Denied. Defendant returned all property to plaintiff or her attorney. 12. Denied. The complaint is not specific enough to identify the items in question, so that defendant is unable respond to the allegation. 13. Admitted in part and denied in part. Jewelry, lamps and artwork have been returned to plaintiff. If something is missing, it must be clearly identified. 14. Denied. Defendant had permission to remove items of this nature. Defendant returned these items. It is not clear exactly to what plaintiff is referring. 15. Denied. The items have been returned. 16. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. These items would have to be more clearly described to value them. 17. Denied. The items have been returned. WHEREFORE, defendant respectfully requests that plaintiff' s complaint be dismissed. Attorney for Defendant ADLER & ADLER P.O. Box 11933 125 Locust St. Harrisburg, PA 17108 717-234-3289 Supreme Court ID Number 39844 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING PLEADING ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S.A. Section 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: lift Ma]is CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for defendant, hereby certify on the "/-4 day of__ {.._~,,..~,ar--, 2004, I served a copy of the within ANSWER upon the following person by first mff~postage prepaid, addressed as follows: Wade D. Manley, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market St. P.O. Box 109 ~ Lemoyne, PA 17043-0109 .~ ( William L. Adler, Esquire