The URL can be used to link to this page

Home My WebLink About04-3707COMMONWEALTH OF PENNSYLVANIA Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~ 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. NA~E OF APPE~L~,T I ~G. O~ST NO. I NAME OF D.J Francis X. O'Brien, Sr. 'l 09-3-04 I ~homas A. Placey ADDRESS OF APPELLANT CITY STATE c/o Erie Insur~ce, ~ Box 2013, Eec~nicsburg, PA 17055 DATE OF JUDGMENT [ IN THE CASE OF (Plaioti~ (Defendant)' 7/7/04 ~ ~mcis X. O'Brien, Sr. ~, Jo~ H. ~ger & Sons C~-0000099-0~ Th~8 block will b~ si~nsd O~LY whon this notation is required un,or ~a. Th~ ~ot[ce of ~p~al, whon recoivod gy th~ District Justice, ~11 op~relo as a SH~RSfiDfi~S to tho jud~mont for ~ssossion in thi~ case. ZJP CODE If appellant was Claimant (see Pa. R.C.P.D.J. No. I001(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 Enter rule upon (Common Pleas No, appellee(s), to file a complaint in this appeal Name of appellee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of ai~pellee($) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty {20) days after the date of service of this rule upon you by personar service or by cedified or registered mail. (2) If you da not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Signature of prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3 -04 THOMAS A. PLACEY ^~d~ 104 S. SPORTING HILL RD. MECHANICSBURG, PA (717) 761'8230 17050 FRANCIS X. O'BRIEN, SR, P.O. BOX 2013 C/O ERIE INSURANCE GROUP MECF2%NICSBURG, PA 17055 NOTICE OF JUDGMENTFrRANSCRIP CIVIL CASE PLAINTIFF: NA~E a~d ADD~ES$ ~O'BRIEN, SR., FRANCIS X P,O. BOX 2013 C/O ERIE INSURANCE GROUP ~ECHANICSBURG, PA 17055 VS. UJO~ H. BOGER& SONS 202 NORTH RAILROAD STREET ANN~ILLE, PA 17003 L Docket No.: CV- 0000099- 04 Date F ed'. 2/24/04 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was (Name) entered for: ~-~ Judgment was against: (Name) entered in the amount of $ FOR DEF~TDANT O'RR/R~, RR., FRANC. TR .00 on: (Date of Judgment) 7/07/04 [~ Defendants are jointly and severally liable, E~ Damages will be assessed on: [~ This case dismissed without preiudice. [~ Amount of Judgment Subiect to Attachment/42 Pa,C.S. § 8127 $ ~ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) _ Amount of Judgment $ .0 0 Judgment Costs $ · 00 Interest on Judgment $ · Attorney Fees $ ,0 0 Tota $ · 0 0 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 W{TH 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 SAT(SFACTION WITH THE DISTRICT JUSTICE iF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES1 OR OTHERWISE COMPLIES WITH THE JUDGMENT. I i ue _~¢~-c~_ rrect cop pdoceedings conta' ' g the iudgment. , District Justice My commission expires first Monday of January, 20~0 . SEAL AOPC315-03 DATE PRINTED: 7/07/04 3:46:40 PM I ..... ~ ~UMMON PLEAS ~ NOTICE O~ APPEAL JudiCial District, Coun~ Of ~r~d ~ FROM NOTICE OF APPEAL Notice is given that the appellant has flied in the above Cou~ of Common Preas an the date and Jn the case referenced below. NAME OF APPELANT appeal from the judgment rendered by the District Justice on ADDRESS OF APPELLANT c/o Erie ~r~ce, ~ ~x 2013, c,~ ~cey o~o~u~su~.~ MeC~tcsb~g, PA 17055 R.C.P.D.j. No. 1008B. notation rs required This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. (De~ndant)' w~,s Claimant (see~ 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 act/on before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter ru~e upon Name of appellee(s) appellee(s), to file a complaint in this appeal (COmmon Pleas No. ) within twenty (2.0) days after service of rule or suffer entry of judgment of non pros. RULE: To ' ~ --- Name of appellee(s) , appellee(s) ~! (1) You are notified that a ruJe is hereby ente.['(~d Upon of this rule upon you by personal you to §lea Complaint in this appeal within twenty (20) days service o['by certlfied or registered mail.after the date of service (2) Jf you do not file a COmplainfi within this time, a JUDGMENT OF NON PROS MAY SE F"NTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 ry Deputy YOU MUST INCLUDE A COPy OF THE NOTICE OF JUDGMENT/TRANSCRiPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE _~ .-~ ......... AND RULE TO FILE coMPLAINT PROOF OF SERVICE OF NOTICE OF APPEAL (Trois proof of service MUST BE FILED W/THIN TEN (10) DAYS AFTER fi/icg of ~he notice of appeal. Check applicable coMMONWEALTH OF PENNSYLVANIA cOUNTY OF AFFIDAVIT: DAUPHIN ~ hereby (swear) (affirm) that I served a copy of the Notice of Appeal, CommOn pleas No 04-3707 upon the District Justice designated there~n o~: (dale of service) August 6, ,2004 [] by personal service ~-~i by (,certified) (registered) m~il, sender'S receipt attached hereto, and upon the appellee, (name),iohn August 6 , 20 04 [7t by persona/service []~ by (cedified) (registered) mai, sender's receipt attached hereto, ,20 My commission expires on ~ City Of HarC, s~g, AoPC 312A * 02 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for pbintiff FRANCIS X. O'BRIEN, SR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff V, JOHN H. BOGER & SONS, Defendant NO. 04-3707 .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 sereed, 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 fights 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, 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 corm en forma escrita sus defensas o sus obiectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGARTAL A EN PERSONA O LLAME POR TELEFONO A LA OFICINA SERVICIO, VAY .,.-,,m.~w~ ~ ~qcnl A ABAIO PARA AVERIGUAR CUYA DIRECCION SE El~t.um~,~ ...... T ~ DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 113384.l Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff FRANCIS X. O'BRIEN, SR., . IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 04-3707 Civil Term V. JOHN H. BOGER & SONS, : : Defendant : COMPLAINT AND NOW, comes the Plaintiff, Francis X. O'Brien, Sr., by his attorneys, Goldberg Katzman, P.C., who states: 1. Plaintiff Francis X. O'Brien, Sr. is an adult individual residing at 10 Village Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant John H. Boger & Sons is a business entity with an address of 202 North Railroad Street, Annville, Lebanon County, Pennsylvania. 3. This matter arises from an incident that occurred on June 17, 2003, at the Plaintiff's home at 10 Village Road, Mechanicsburg, Pennsylvania. 4. On the aforesaid date, Defendant Boger was involved in the delivery of concrete to the rear of the O'Brien home. 5. As employees of Defendant Boger began to back the concrete truck into the driveway from a public road, the truck ensnared electric wires leading to the Plaintiff's home, causing a power surge that damaged appliances throughout the Plaintiffs home. 6. This incident arose from the negligence, carelessness and recklessness of Defendant Boger through the acts of its employees in that they: a. failed to observe the overhead electrical wires; b. failed to avoid making contact with electrical wires as they moved the concrete truck; c. came in contact with the electrical wires, causing them to be displaced resulting in a power surge; and d. were inattentive in the operation of the cement truck. 7. As a direct result of the negligence, carelessness and recklessness of Defendant Boger, Plaintiff sustained damages amounting to $2,424.38. WHEREFORE, plaintiff Francis X. O'Brien, Sr. demands judgment against Defendant John H. Boger & Sons in the amount of $2,424.38, together with interest and costs of suit. GOLDBERG I~TZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Hanfsburg, PA 17108-1268 717-.234-4161 Attorneys for Plaintiff I,Francis X. O'Brien, Sr., hereby acknowledge', that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Francis X. O'Brien, Sr. CERTIFICATE OF SERVICE_ I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, xvith first-class postage prepaid, addressed to the following: John H. Boger & Sons, Inc. 202 North Railroad Street Annville, PA 17003 GOLDBERG KATZMAN, P.C. Date: By: · Thomas E. Brenner, Esqmre Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff FRANCIS X. O'BRIEN, SR., Plaintiff V. JOHN H. BOGER & SONS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : : NO. 04-3707 Civil Term . : : : PRAECIPE TO THE PROTHONOTARY: Please mark this action settled and discontinued. Date: October 13, 2004 By: i Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburt~ PA 17108-1268 717-234-4161 Attorneys for Plaintiff g ry/glptts mtis, Esquire Counsel for Defendant