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HomeMy WebLinkAbout04-3380CC)MMONV*~.~ALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~e is gi~ ~ ~ ~t ~s fi~d in t~ a~e Court of C~ ~s an ~al ~ ~ j~ ~ed ~ t~ ~str~ Just~ ~ ~ Scott Chapman 09-1-01 351 A Bethel Church Road New Cumberland PA 17070 6/14/04 Chapman Scott A I{~nr~n Martin / CV 206-04 LT This b4ock will be signed ONLY when this r~tation is required under Pa. R.C~JJ~. N~ - ff appe /~/ t wa~ CL~ANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a lO01(6)inactic~bdcreDistrictJustice, heMUST SUPERSEDEAS to the j~t for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon~ to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas Nc~ Name of appelleds) , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non ~ RULE: To , appdee(s). (1) You am 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL COBf,'tONWEALFH OF PENNSYLVANIA COUNTY OF ; S5 ecet attacted hereto and ,,p)n he COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Disl NO: 09-1-01 CHARLES A. CLEMENT, JR. A~,e,s 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Te,epho..; (717) 774-5989 17070 ATTORNEY FOR PLAINTIFF : RON '£uKO, ESQ 28 S. PITT ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME a~lO ADDRESS ~-CHAPMAN, SCOTT ~ 351-A BETHEL CBuKCH ROAD NEW CUMBEPJ=AND, PA 17070 DEFENDANT: FMARTIN, KAREN PO BOX 161 NEW CUMBERLAND, L IDDOCket CV- 0000206 - 04 No.: ate Filed: 5/11/04 NAME and ADDRESS PA 17070 TF~S IS TO NOTIFY YOU THAT: Judgment: ~'~ Judgment was entered for: (Name) [-~ Judgment was entered against: (Name) FOR DEFRNDANT in the amount of $ .OO on: (Date of Judgment) [~ Defendants are jointly and severally liable. ] 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 $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .0 0 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN $0 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 INTERE.,STED ~IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT'DEBTOR PAYS IN FULL, SE'rrLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUN 1 200 Date ~ ~ I ~~ I certify that this is a true and correct copy of the record of the proceedin Date * ,/, District Justice s:containing the judgment. , District Justice My commission expires first Monday of January, 2008 . AOPC315-03 DATE PRINTED: 6/16/04 9:26:58 AM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, C~eck,a~,fllici~le boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C_~ ~ ~E~__',LI:'~ ; SS AFFIDAVIT: I hereby swear or affirm that I 1~ a copy ol the Notice ot Appeal, ( ¢0¢'- ~:~,--~, upon the District [] on senders i~ d hereto, and up. on the . ~). ~', ,-. ,*-.*;~;,,,~ ffo,~istered; mail, sender s receipt attached hereto. ~ ~ b ersonal service y w~,.,,uw ~ ~ , , ---. .. ~¢~ ~ Y ~mnlaint acco~inq the above Not,ce et Appeal upon the appe?e~) t° ~h°m,, and furmer that I serve¢ the Rule to File a C-...~ ~ v u b (certMed) [regis[eree~ " - n .... ~ b.,_ersonalse ~ Y the Rule was addresse~ o mail, sender's receipt attached hereto. SWORN (AFFIRMED)AND SUBS!RIBED BEFORE ME Robeff J. Mulderig~Nota~ Public Cadtsle Boro, CumoedaraJ ,C?n~o Commission Ex~lr8s Nov. 1.~, 201 ~E3.~1 ~;te~ricted B postage 81.54 3 04 7013 7 ¢ 0 0 aA~ COMMONWEALTH OF PENNSYLVANIA JUDICI~J. DISTRfCT NOTICE OF APPEAL FROM ,i ;//~_ DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the apf~dlant has filed in the above Court of Common Pleas an appea/from the judgment rendered by the D~strict Justice on the date and in the case mentioned bedo~ ~Su~O t C~a-m n New Cumberland PA 17070 CV 206-04 p~ 1008B, s~gned ONLY when this notation is required under . . This Notice of Appeal, when received by the D/strict Justice, wlil operate as a SUPERSEDEAS to the judgment for possession in this cas~ 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) clays after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.p. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of al)Peal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon _ (Common Pleas No Ne~e o~ ~opelee(s) , appedlee(s), to file a complaint in this oppeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros, RULEz To_ Signa~ure of al~el~nt or h~s at~ or agent (1) You am notified that a rule is hereby entered upon serv/ce of this rule upo~ you by personal seeVlce or by certifiedyou to file a comp/aint in this appea~ within twenty (20) days after the date of (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST (3) The date of servk:e of this rule if service was by mail is the date of mailing. Date:_ AOPC 3~2-90 COURT FILE SCOTT CHAPMAN tiff/App : Plain ellant : KARENMARTiN t lapp Defendan ellee ov ~0. Clai~ ~IVIL No. ~ 1. Judgment in the above_captioned Case Was entered by District Justice Clement, in favor of Defendant, Karen Martin, on June 14, 2004. 2. Plaintiff filed a notice of appeal to this COurt on JUly 13, 2004. 3. MOre than twenty (20) days has elapsed Since the notice of appeal was filed and Plaintiff has not: filed a Complaint. 4. Defendant now requests the Prothonotary to mark the appeal stricken from the 1006. record pUrsuant to Pa.R C p D J · ° · No. ReSpectfully submitted, Pro Se 'n ~ SCOTT CHAPMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No: 04-3380 CIVIL TERM KAREN MARTIN, : Defendant NOTICE_~ 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 of 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 (717) 249-3166 SCOTT CHAPMAN Plaintiff KAREN MARTIN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No: 04-3380 CIVIL TERM COMPLAINT 1. The Plaintiff, Scott Chapman, is an adult inclividual with a current address of 224 Middle Road, Catawissa, PA 17820. 2. The Defendant, Karen Martin, is an adult individual with a last known address of P.O. Box 161, New Cumberland, PA 17070. 3. On or about May 1,2003 the Plaintiff, Scot~I Chapman purchased a French Bulldog, named Mikey, from Zoo Zone in the Camp Hill Mall, Camp Hill, Pennsylvania. 4. The plaintiff paid $2,000.00 for the animal and took possession of the same as his pet. Thereafter the plaintiff did have the animal licensed, did purchase food, did buy toys for the animal, did set up an electric monitoring system, and purchased other items for the dog in excess of $1,000.00. 5. On or about July 11,2003 the defendant, Karen Martin, moved into the apartment then occupied by the Plaintiff at 351 (A) Bethel Church Road, New Cumberland, Pennsylvania. 6. On or about January 19, 2004, Plaintiff requested that the Defendant, Karen Martin, move out of the apartment thus ending their relationship. Defendant did move out of the apartment that day and relinquished her keys to the apartment. 7. On or about January 31, 2004, without permission and in direct violation of the law, the Defendant, Karen Martin, did enter the apartment of the Plaintiff located at 351 (A) Bethel Church Road, New Cumberland and did unlawfully and without permission remove Plaintiff's dog, Mikey. 8. From January 31,2004 until the date of the filing of this Complaint the Defendant, Karen Martin has unlawfully held the property owned by the Plaintiff, mainly Mikey, without authority and has refused to return said dog despite repeated demand to do so. 9. To the best of plaintiffs knowledge the dog continues to reside with Karen Martin at her address noted above. 10.The plaintiff, at no time, did relinquish his ownership in the dog to the defendant nor did he at any time, gift or otherwise giw,~ such dog to the defendant and consequently is now entitled to replevin of the dog. Count 1 - Replevin 11. Paragraph 1 through 10 above are re-allecjed in their entirety. 12.The Plaintiff, at all times relevant hereto, was the sole owner of a French Bulldog named Mikey valued at $2,000. 15. From January 31,2004, the Defendant, Karen Martin, without permission and in direct violation of the ownership rights of the Plaintiff did withhold the dog Mikey and has kept the property of the Plaintiff from him despite repeated demand to return the same. Wherefore, for all the above reasons, the Plaintiff, Scott Chapman, demands the return of his property, Mikey, a French Bulldog, along with such other relief as the Court deems appropriate and just. Count II - Conversion 14. Paragraph 1 thought 15 are re-alleged in their entirety. 15.The Plaintiff, Scott Chapman, did purchase the said French Bulldog, Mikey, for the sum of $2,000.00 and did spend over $1,000.00 on other items for his care and comfort for a total of $3,000.00. 16.The Defendant, Karen Martin, by unlawfully removing the dog from the premises of the Plaintiff on or about January 31,2,004 and by keeping said property of the plaintiff from him has wrongfully converted said property to her use and has caused the plaintiff to suffer a loss of $3,000.00 plus legal fees and costs of this suit. Wherefore, for the all above reasons, Plaintiff, Scott Chapman, hereby demands judgment in his favor in the amount of $3,000.00 plus interest from January 31, 2004 plus attorney's fees plus cost of suit and any other relief deemed appropriate by the cou rt. Date Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the forego ng Complaint are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date ~cd~Ch I~man - CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Karen Martin, by depositing same in thee United States Mail, first class, postage pre-paid on the / day of ~'""-~o ~ , 2004, from Carlisle, Pennsylvania, addressed as follows: Karen Martin 904 Bridge Street, Apt lA New Cumberland, PA 17070 Karen Martin P.O. Box 161 New Cumberland. PA 17070 TURO LAW OFFICES ~4~on Turo, Esqdire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 SCOTT CHAPMAN Plaintiff/Appellant KAREN MARTIN Defendant/Appellee : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3380 CIVIL TERM : : : ORDER AND NOW, this day of , 2004, and based upon the Defendants' within petition, the Defendants' Preliminary Objections to Plaintiff's Complaint, are hereby GRANTED, and the action against Defendants, Karen Martin is dismissed with prejudice. BY THE COURT: Distribution -Ron Turo, Esquire 28 South Pitt Street, Carlisle, PA 17013 -Karen Martin 904 Bridge Street, Apt. 2, New Cumberland, PA 17070 SCOTT CHAPMAN Plaintiff/Appellant KAREN MARTIN Defendant/Appellee : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3380 CIVIL TERM PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Karen Maratin, and files this Preliminary objection pursuant to the Pennsylvania Rules of Civil Procedure, and in support thereof, aver as follow: 1. Judgment in the above-captioned case was entered by District Justice Clement, in favor of Defendant, Karen Martin, on June 14, 2004. 2. Plaintifffiled a notice of appeal to this com't on July 13, 2004. 3. Plaintiff failed to file his complaint within twenty (20) fi.om the date of thc notice of appeal, therefore on August 30, 2004, defendant filed a Praecipe to Strike Appeal pursuant to Pa.R.C.P.D.J. No. 1006. (Exhibit "A"). 4. Plaintiff was served a copy of the Praecipe to Strike Appeal on August 31, 2004. 5. Plaintiff filed his Complaint (Exhibit "B")on September 3, 2004, and thus Moving Defendants' Preliminary Objection is timely within the applicable Pennsylvania rule of Civil Procedure. PRELIMINARY OBJECTION PURSUANT TO PA. R. Civ. P. 1028 a 2 IN THE NATURE OF A MOTION TO DISMISS FOR FAILURE OF THE PLEADING TO CONFORM TO LAW OR RULE OF COURT 6. Paragraphs one (1) through five (5) are incorporated herein through reference· 7. Pennsylvania Rule of Civil Procedure for District Justices 1004A requires the appellant that was the claimant in the action before the district justice to file a complaint within twenty (20) days after filing his notice of appeal. 8. Plaintiff's filed his notice of appeal on July 13, 2004, then filed the complaint on September 1, 2004, fifty days after the notice of appeal and after defendant filed her motion to strike the appeal. 9. Defendant filed a Praecipe to Strike Appeal pursuant to Pa.R. Civ. Pro.D.J. 1006 on August 30, 2004 WHEREFORE the Defendant respectfully requests this Honorable Court to dismiss Plaintiff's complaint, pursuant to Pa. R.Civ. Pro. 1028(a)(2) for failure to conform to law or rule of court (Pa.R.Civ. Pro. D.J. 1004A and 1006), in that it was filed more than twenty (20) days after the notice of appeal was flied and after defendant filed a praecipe to strike the appeal. Respectfully submitted Karen Martin 904 Bridge Street, Apt. 2 New Cumberland, Pennsylvania 17070 PRO SE SCOTT CHAPMAN Plaintiff/Appellant KAREN MARTIN Defendant/Appellee IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTy, PENNSYLVANIA NO. CP-21-CR-491-2004 ~IVIL Claim No. CV 206-04 ~.AEC~pE TO S?RIK~ APPEA~ 1. Judgment in the above-captioned case District Justice Clement, in favor of Defendant, June 14, 2004. was entered by Karen Martin, on 2. Plaintiff filed a notice of appeal July 13, 2004. to this court on appeal 1006. 3. More than twenty (20) days has elapsed since the notice of appeal was filed and Plaintiff has not filed a complaint. 4. Defendant now requests the Prothonotary ~o ~rko the CZ- c-~ -r~ stricken from the record pursuant to pa.R,~,~p.~_~.j.~No. fully ~ Respec submitted Pro Se SCOTT CHAPMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KAREN MARTIN, Defendant : No: 04-3380 CIVIL TERM NOTICE 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 of 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 ","OUR 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 1'7013 (717) 249-3166 SCOTT CHAPMAN Plaintiff KAREN MARTIN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 04-3380 CIVIL TERM COMPLAINT 1. The Plaintiff, Scott Chapman, is an adult individual with a current address of 224 Middle Road, Catawissa, PA 17820. 2. The Defendant, Karen Martin, is an adult individual with a last known address of P.O. Box 161, New Cumberland, PA 17070. 3. On or about May 1, 2003 the Plaintiff, Scott Chapman purchased a French Bulldog, ~amed Mikey, from Zoo Zone in the Camp Hill Mall, Camp Hill, Pennsylvania. 4. The plaintiff paid $2,000.00 for the animal and took possession of the same as his pet. Thereafter the plaintiff did have the animal licensed, did purchase food, did buy toys for the animal, did set up an electric monitoring system, and purchased other items for the dog in excess of $1,000.00. 5. On or about July 11, 2003 the defendant, Karen Martin, moved into the apartment then occupied by the Plaintiff at 351 (A) Bethel Church Road, New Cumberland, Pennsylvania. 6. On or about January 19, 2004, Plaintiff requested that the Defendant, Karen Martin, move out of the apartment thus ending their relationship. Defendant did move out of the apartment that day and relinquished her keys to the apartment. 7. On or about January 31, 2004, without permission and in direct violation of the law, the Defendant, Karen Martin, did enter the apartment of the Plaintiff located at 351 (A) Bethel Church Road, New Cumberland and did unlawfully and without permission remove Plaintiff's dog, Mikey. 8. From January 31, 2004 until the date of the filing of this Complaint the Defendant, Karen Martin has unlawfully held the property owned by the Plaintiff, mainly Mikey, without authority and has refused to return said dog despite repeated demand to do so. 9. To the best of plaintiff's I~nowledge the dog continues to reside with Karen Martin at her address noted above. 10. The plaintiff, at no time, did relinquish his ownership in the dog to the defendant nor did he at any time, gift or otherwise give such dog to the defendant and consequently is now entitled to replevin of the dog. Count 1 - Replevin 11. Paragraph 1 through 10 above are re-alleged in their entirety. 12.The Plaintiff, at all times relevant hereto, was the sole owner of a French Bulldog named Mikey valued at $2,000. 13.From January 31, 2004, the Defendant, Karen Martin, without permission and in direct violation of the ownership dghts of tl~e Plaintiff did withhold the dog Mikey and has kept the property of the Plaintiff from him despite repeated demand to return the same. Wherefore, for all the above masons, the Plaintiff, Scott Chapman, demands the return of his property, Mikey, a French Bulldog, along with such other relief as the Court deems appropriate and just. Count II - Conversion 14. Paragraph 1 thought 13 are m-alleged in their entirety. 15. The Plaintiff, Scott Chapman, did purchase the said French Bulldog, Mikey, for t~e sum of $2,000.00 and did spend over $1,000.00 on other items for his cam and comfort for a total of $3,000.00. 16.The Defendant, Karen Martin, by unlawfully removing the dog from the premises of the Plaintiff on or about January 31,2004 and by keeping said property of the plaintiff from him has wrongfully converted said property to her use and has caused the plaintiff to suffer a loss of $3,000.00 plus legal fees and costs of this suit. Wherefore, for the all above reasons, Plaintiff, Scott Chapman, hereby demands judgment in his favor in the amount of $3,000.00 plus interest from January 31, 2004 plus attorney's fees plus cost of suit and any other relief deemed appropriate by the court. Date Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint 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 falsification to authorities. Date ~c~tt C h"a"p'm a n ~-' CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Karen Martin, by depositing sa.me in thee United States Mail, first class, postage pre-paid on the / day of ~.~ ~ , 2004, frem Carlisle, Pennsylvania, addressed as follows: Karen Martin 904 Bridge Street, Apt lA New Cumberland, PA 17070 Karen Martin P.O. Box 161 New Cumberland. PA 17070 TURO LAW OFFICES ~28on Turo, EsqUire South Pitt Street Carlisle, PA 17013 (717) 245-9688 SCOTT CHAPMAN Plaintiff/Appellant KAREN MARTIN Defendant/Appellee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3380 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Preliminary Objection upon the persons, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at New Cumberland, Pennsylvmfia, through first class mail, prepaid and addressed as follows: Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Scott Chapman 224 Middle Road Catawissa, PA 17820 Respectfully submitted, Date: K~ren Martin 904 Bridge Street, Apt. 2 New Cumberland, Pennsylvania 17070 PRO SE PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list'the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Scott Chapman vs. Karen Martin (Plaintiff) (Defendant) No. 04-3380 Civil 2004 Dated: State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Complaint Identify counsel who will argue case: (a) for plaintiff: Address: Ron Turo, Esquire 28 South Pitt St. Carlisle, PA 17013 (b) for defendant: Address: Karen Martin, Pro se 904 Bridge St., Apt. 2 New Cumberland, PA 17070 I will notify all parties in writing within two days that this has been listed for argument· Argument Court Date: Novemb~0~ f ff case SCOTT CHAPMAN, Plaintiff KAREN MARTIN, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-3380 : : CIVIL ACTION - AT LAW PR AECIPF. TO ENTFR APPE AR AN~E TO THE PROTHONOTARY: Please enter the appearance of Marlin L. Markley, Esqtth'e in the above-captioned action. Date:. / 0 - ~(~-2aa4 Respectfully submitted, lin .~ ~M~ey, Esql~ire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. ('717) 737-3405 SCOTT CHAPMAN, Plaintiff VS. KAREN MARTIN, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW 04-3380 CIVIL DEFENDANT'S PRELIMINARY OBJECTIOI~ TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY AND HI, SS, J.J. ORDER AND NOW, this t -~ day of December, 2004, the court being satisfied that the within appeal from the District Justice was properly stricken by praecipe and that the subsequent filing of a complaint by the plaintiff was not ir preliminary objection of the defendant is SUSTAINED an DISMISSED. t~on Turo, Esquire For the Plaintiff ~Iarlin Markley, Esquire For the Defendant :rim conformity to rule, the d the plaintiff s complaint BY TI tE COURT, Kevi~/A. Hess, J.