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Home My WebLink About04-3939COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. D4-t,V39 01url (CQw Notice is given that the appellant has fled 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 MAG. DIST. NO. NAME OF D.J. Lotus Shadows, Inc 09-1-02 Robert V. Manlove ADDRESS OF APPELLANT CITY STATE ZIP CODE 303 US Hwy 11/15 Selinsgrove PA 17870 DATE OF JUDGMENT IN THE CASE OF (Ple.0) (DerendeM)' 7/15/04 Ayisha A. Abrahim va Lotus Shadows, Inc. DOCKET No. SIGNATURE APPELI-ANT OR ATT? YOR AGENT CV 162-04 /IY Hugh A. Benson, Jr„ Esq. This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.RD.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnalure of Po hoootary or Deputy 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 Ayisha A. Abrahim appellee(s), to file a complaint in this appeal n Name ofappellee(s) (Common Pleas No. ?p ?? '-, 739 L- 1 U rALyy? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ?,v •' ofa?tora omey or agent Signatwe RULE: TO Ayisha A. Abrahim , appellee(s) Name of apps/lee(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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. n n Date: , 20 04 \ lGf O?rt/ • G vs-t? olProthonotary OrD p 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 SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (7nis proof o; servica GUS;= 6r FtLF3D V tt f ttN t6N (?Q) UA'YS .A IEI''iLrg tar fhe notice . .az::± ec& ap rlu,tU c 8+rxea COMMONWEALTH OF PE-NNSYIVAMA COUNTY OF _ AFFIDAVIT: hereby (S:v^a!', taffmW ;hdi I sewed j a ::opv of ble Nuiw x, o! AppL 1 ::omm^ n Pluav Nu . upon the f).str:,.f uus`i<;e o ign,, tlvd t iere,n 4n rrfate of servir:eJ 2{ or persona -.ervu;p •:a %•:e?t nor+i (;egiste r:d} mall. Sands se::elpt a'ttc''e0'neret,?, and up n +. e app=. oe •?13, wll - ?ir oy personal serv?ve F_z rv ,cer.Ified, ;registereul mail, (SVVORN) {AFFIRMED,ANC SUBSCRIBED Ml? THIS DAY OF , 2G siynarur'eofaftidal W"o whvm affidavit was mWe Ftle Of offIwat My commission expires on li7 sr,:?an:? e c tnen! t?OPC 302A - 02 H OF PENNSYLVANIA COUNTY OF_ CUMBERLAND 09-1-02 DName_ Ecn_ ROBERT V. MANLOVE 1901 STATE STREET CAMP HILL, PA Tlepn,,? (717) 761-0583 17011-0000 ATTORNEY DEF PRIVATE : HUGH A. BENSON, JR. 111 N HIGH ST APT/STE 1 SELINSGROVE, PA 17870 THIS IS TO NOTIFY YOU THAT; Judgment: EXI Judgment was entered tor: OTICE OF JUDGMENT/TRANSCE (.AINTIFF* CIVIL CASE NAME and ADDRESS rABRAHIM, AYISHA A 116 NOVEMBER DR APT/STS 2 CAMP HILL, PA 17011 L VS. DEFENDANT: NAME aid ADDRESS FLOTUS SHADOWS, INC 303 US HWY 11/15 SELINSGROVE, PA 17870 L Docket No.: CV-0000162-04 Date Filed: 4/28/04 _-'OR P "> nINTIFF (Name]ARRAHTM, AVTSHA A Judgment was entered against: (Name) LOTUS SHADOWS, TNC in the amount of $ 3 F7 r, __9_0_ on: (Date Of Judgment) 0 Defendants are jointly and severally liable. 0 Damages will be assessed on: ? This case dismissed without prejudice. ?l Amount of Judgment Subject to u Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ - _- (Date & Time) 7/T 5/ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 3,500.00 $ 116.50 $ .00 $ .00 $ 3,616.50 Certified Judgment Total $ ANY PART'r HAS THE PiGHT T v APPEAL 'WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY RLING A NOTICE OF APPEAL WITH THE PROTHONOTAR!'fCLERK 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 07"HER WISE PROVIDED IN THE RULES OF CIVIL PROCECURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. L.LL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED EY I HE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN l"HE COURT OF COMMON P:. EA.S. ANYONE INTERESTED IN THE JUDGMENT MAY FILE .. c S, FGR EN'TRl' OF SATISFACTION 6Vn h', hC .. i : J i HE JUDGMENT DEBTOR PAYS IN FULL. ..=S i L7.5, OR OTHERWISE COMPLIES WITH THE.IUDGMENT. It ' Date 1Q!StriGt Justice I certify that this is a true anddorreCYcopy o the record ofrthe proceedings coTltauatig-the)udgment. Date Justice My commission expires first Monday of January, 2006. 81 ftC AOPC 315-03 DATE PRINTED: 7/15/04 2:24:57 PM m M .. rR ru Postage $ p tifi c d F 44 30 !'\ ? er e ee . 7 C3 ` E3 Rserreturn nt upt Reclept Required) Fes (End R $1.75 _ t r Posim ? yTHera u(EndorsemMRequireFee d) Required) $0.00 Q?. ru Total Postage &Fees $ $4.42 ?(( M C3 C3 t- Tp --------- Sf - reei, or PO Box No. (I(c llu,-et 4e-- h CG-- 4 ? -- ---- -' - -' city, re, Z/Pt4 ---------------------------------------- C*hb 17) , i If 'PC, t,)at( --.. C) 0 a CrA C; PROOF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof Of service MUST BE FILED WITHIN TEN (10) DAYS AFTER riling of the notice of lppeat Check 8/7pfiCix,`,`Pty boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF SAY de r.... 'ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. 04 -3 95 poll the District justice designated therein On (date of service) 0; ( , 200-/, [] by personal service X by (certified} (registerei3) mall. sender's receipt attached hereto, and upon the appellee, (name) /1./,t: /A- A)46-4A rn , on $? ! ( , 20 Olt ? by personal service N by tcwtified) (registered) rna6 - sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ?J""g- y' !j , 200tl ?- n+gu h+re of oPoCiat bo 'e whom afrdavlt was made '__-- Title of off, My commission expires on 4-//f 200k OYE AOPC 312A - 02 r' , ' 7 cAl N Postage $ r 90-37 r=I C3 certified Fee $2.30 (/?t p `l P_ Q$pf?cV ?i C3 Return Recia u Fee 41 75 (Entlorsement Requiretl) r??p Y M Resldcted eetivery F(re CS L -0 (Edi' ment Required) ?•? I-Li \ r? b (3 r rLi Total Postage & Facts $ $4.42 08/1 M nj?o p I+JTU) ? ??rl? ?be)-1v m7t,1/0--c- ............... =-------------------------- -------.. orP BOx Na 1T f! S+.,- <,e My, State, ZIP.4 ------- ---_. k? ?lat7( PA i70( T H U1- COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 1MON PLEAS No. Dy-?-3939 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 MAG. DIST. NO N OF D.J. Lotus Shadows, Inc 09-1-02 ``tobert V. Manlove ADDRESS OF APPELLANT CITY STATE ZIP O 303 U5 Hwy 11/15 Selinsgrove PA 17870 DATE OF JLPGMENIF, _ IN THE E yr (Pleinflr1 + (Pf.Wann 7/15/04k yishil A. "2ahi s Lot Shador4s, ` Ii c. nnrucr u,. SIGNATWE F AP ELL?NT 0 ATj Y OR AGENT CV 162-04 when Ih A.r Benson, Jr., Esq. appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnetureor Protlror egwu@Puty I _ 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 Ayisha A. Abrahim appellee(s), to file a complaint in this appeal Name of appellee(s) -7939 (Common Pleas No. -..? I ) within twenty (20) days after service of rule or suffer enlpr of judgment of non pros. d ?,.. Slgi tureofappell. t or attorney or agent RULE: To Ayisha A. Abrahim , appellee(s) WaMe ofaW.O(S) (1) You are noli}fed1hat 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 personal service ar 1iyCertified or registered mail. (2) If you;&Inbtflle a complaint within this tirhe, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. " (3) The datepfservice of this rule if serylce was by mail is the date of the mailing. i Date: Si aforeolPmfhorwfary r p YOU MUST INCLUDE A,gQ1?Y OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE AYISHA A. ABRAHIM : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 04-3939 V. LOTUS SHADOWS, INC Defendant CIVIL ACTION-LAW 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 is 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 or for any other claim or relief requested by 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 Court Administrator Cumberland County Courthouse South Hanover Street Fourth Floor Carlisle, PA 17013 (717) 240-6200 Johnna J. Kopecky, Esquire Supreme Court ID #53147 Shagin & Anstine LLC 300 North Second Street, 8m FL Harrisburg, PA 17101 (717) 221-1111 Attorney for Plaintiff AYISHA A. ABRAHIM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 04-3939 V. LOTUS SHADOWS, INC. Defendant CIVIL ACTION-LAW COMPLAINT AND NOW comes Plaintiff, Ayisha A. Abrahim, by and through her attorneys, Shagin & Anstine LLC, and respectfully avers as follows: Plaintiff, Ayisha A. Abrahim, is an adult individual and citizen of the Commonwealth of Pennsylvania, and currently resides at 116 November Drive, Camp Hill, PA, 17011. 2. Defendant, Lotus Shadows, Inc., is Pennsylvania Corporation doing business as Four Seasons Restaurant, 303 US Highway 11115, Selinsgrove, Snyder County, PA 17870. 3. From June 15, 2003, until and including July 21, 2003, Plaintiff was employed by the Defendant in its Four Seasons Restaurant in Selinsgrove, Pennsylvania. 4. During this timeframe, Plaintiff was employed at the rate of ten dollars ($10.00) per hour, and she worked a total of four hundred eighteen (418) hours. Plaintiff received no compensation from this employment arrangement, and is owed a total of Four thousand one-hundred eighty dollars ($4180.00) 6. In addition, Plaintiff was asked to make purchases on behalf of the Defendant for the following: a. $73.51 for a drill and extension cords at Wallmart; b. $77.73 for a stripper, Sander and Brasso at Lowe's; C. $1026.10 for King Menus and Paper; d. $316.76 interest on Visa Account @..825% Total: $1494.10. In addition, Plaintiff made purchases on behalf of the Defendant for food and menu paper, totaling one-hundred thirty-nine dollars and one cent ($139.01). hi her capacity as employee, Plaintiff also designed Menus, whereby Defendant promised to pay Six-hundred dollars ($600.00), and landscaping at ten dollars per hour for ten hours totaling one hundred dollars ($100.00) 9. The total that Plaintiff seeks from the Defendant is Six thousand five-hundred thirteen dollars and twenty cents ($6513.20). 10. Despite repeated demands by the Plaintiff, Defendant has refused to pay the above sums. 11. When an employee seeks wages for work completed, she may seek reasonable attorneys' fees pursuant to 43 P.S. S 260.9a(f). WHEREFORE, Plaintiff seeks judgment in favor of the Plaintiff and against the Defendant in the amount of $6513.20, plus attorney fees, and costs of the suit. Respectfully submitted, Dated: S'Z3'a? BY J a I K ecky, Esquire COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :SS I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED : A sh A. Abr im, laintiff () N L ? o T v rr?.. n P ?? C.U . < i .{ < r :7 Cll -C w O ?Ir "I ARE HEREBY NOTIFIED 0 glE 0 TO THE ENCLOS 0 W-N TWENT 12 [)r;YS^ ;Er,NCF HrP,FOF D;c ? JJDbcfJr y;,;^< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AYISA A. ABRAHIM NO. 04-3939 Plaintiff Civil Action - Law VS. LOTUS SHADOWS, INC. . Jury Trial Demanded Defendant PRELIMINARY OBJECTIONS TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, this 17 day of September, 2004, comes the Defendant, Lotus Shadows, Inc, who files this Preliminary Objection to the Complaint filed in the above matter for reasons hereinafter set forth: I. RAISING QUESTION OF IMPROPER VENUE 1. The Defendant is a corporation existing under the laws of Pennsylvania with its principal place of business at RTS 11 and 15, Selinsgrove, Snyder County, Pennsylvania. 2. This action has been brought in Cumberland County on an alleged cause of action which allegedly arose in Snyder County, as the Plaintiff alleges in Paragraph 3 that she was employed by the Defendant at its Four Seasons Restaurant in Selinsgrove, which is in Snyder County, Pennsylvania. 3. The Defendant has no place of business in Cumberland County, and does not conduct any business within Cumberland County. WHEREFORE, defendant requests that judgment be entered in favor of the defendant and against the plaintiff because the venue is improper, and that this matter be dismissed or the venue be transferred to Snyder County, Pennsylvania. Respectfully submitted, Date: HU H BENSON, 7g , ESQUIRE 111 N rth High Street Selinsgrove, PA 17870 (717) 374-1234 Attorney ID #32101 VERIFICATION I verify that the statements made in the attached Preliminary Objections 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. LOTUS SHADOWS, INC. By. Yossery El Ahawan Y, President CERTIFICATE OF SERVICE this I, Hugh A. Benson, Jr., Esquire, hereby certify that on -L2_-day of September, 22004, I have served a true and correct copy of the Preliminary Objections of the Defendant upon the following by regular first class mail, postage prepaid: Johanna J. Kopecky, Esq. Shagin & Anstine LLC 300 North Second Street, 8th F1. Harrisburg, PA 17101 HU H 13 NSOW, J-, 111 North High StreetESQUIRE Selinsgrove, PA 17870 (717) 374-1234 Attorney ID #32101 ro ? ,-' ?:'-? _ t V9 N .1.. i C- C4) ?+ !V _.. 0 -cl ._{ ':. -i i';i?-.: -jj C'3 "j?-/ ?=S ?'-?i AYISHA A. ABRAHIM VS. Plaintiff . LOTUS SHADOWS, INC. Defendant p K' IN THE COURT OF COMMON PLEAS* CUMBERLAND COUNTY, PENNSYLVANIA N0. 04--3939 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of the Defendant, Lotus Shadows, Inc. in the above captioned matter. Date: rf?v--?H GH BENSON, JR., ESQUIRE 111 N. High Street, Ste. 1 Selinsgrove, F;A 17870 (570) 374-1234 Attorney ID #32101 _ - -'- cL) N -_j r ? Sarah W. Arosell, Esquire THOMAS, THOMAS & HAFER, LLP Attorney I.D. #58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 717-255-7231 sarosell(dtthlaw.com Attorneys for Defendants Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central P. Hematology & Oncology FERNE CARBO, Individually and as Executrix of : IN THE COURT OF COMMON PLEAS the Estate of JERRY A. CARBO, deceased, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v LI MIN LIU, M.D., JOHN D. CONROY, JR., D.O.,: CENTRAL PA HEMATOLOGY AND MEDICAL : ONCOLOGY ASSOCIATES, P.C., HOLY SPIRIT: HOSPITAL and HOLY SPIRIT HEALTH SYSTEM, Defendants NO. 2004-3929 CIVIL ACTION - LAW JURY TRIAL DEMANDED MEDICAL MALPRACTICE ''.77.77, 77020OW!"EJ-511, _01W TO THE PROTHONOTARY OF SAID COURT: Please correct the docket in the above-referenced case to reflect that the Answer and New Matter of Defendants Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central Pa. Hematology & Oncology, to Plaintiff's Complaint, was filed in error to Docket No. 2004-3929 on May 24, 2005. The referenced Answer with New Matter should have been correctly filed to Docket No. 2004-5223. Respectfully submitted, DATE: L/tea/u? THOMAS, THOMAS & H /?FIlER, LLP By: flit Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants Li Min Liu, M.D., John D. Conroy, Jr., M.D. and Central Pa. Hematology & Oncology 384481-1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the 2-_O day of 2005: Aaron Freiwald, Esquire LAYSER & FREIWALD, P.C. 1500 Walnut Street, 18`h Floor Philadelphia, PA 19102 Thomas Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, PC 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 THOMAS, THOMAS & HAFER, LLP By: "aa-" c arah W. Arosell, Esquire 364481-1 c"? ? n N T)r_? } C ) T SU IV jr i C:7 Curtis R. Long Prothonotary (Office of the i3rotbonotarp CZumberfaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 041 ' IL?Q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573