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HomeMy WebLinkAbout11-5802COMMONWEALTH OF FENNSYL COURT OF COMMON PLEAS Judicial District, County Of IA FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /?- $'81Ja? C. i?ilTerw 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. ADDRESS F APPELLANT CITY b . Wet bk S?re? 1?s1e A (3DATE OF JUDGMENT IN THE CASE OF (Plaintiff) DOCKET No. SIGNATURE OF APPELLANT OR i M3-(nao1- CC? adoa63^?- `d,a?t r__ e This block will be signed ONLY when this notation is required under Pa. If appellant was Clain \C. . (some-o•-, >Yt G t1 lo- w ti Rt_i s (see Pa. R.C.P. D.J. No. I U01(6) in action R.C.P.D.J. No. 1008B. 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 riling the NOTICE of APPEAL. Signature of Prothonotary 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 al appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. It- 5&Q 01 Vi Term) within twenty (20) days after service of rule or suffer entry of judgment of non pros. J1_"_ ?Iuo .` Signature of appellant or attorney or agent RULE: To"... appellee(s) 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 y901by personal service or by certified or registered mail. - 'IF (2) If you dons9t file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The daf 'bf service of this rule if service was by mail is the date of the mailing. Date: 20 / r } - Signature of Prothonotary or Deputy r j6 YOU MI ylk?-T INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. /' : AOPC 312-02 NOTICE OF APPEAL WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 SFr rov.&-a HM Od ?qv0 q1.•?b* Co =Z) Nd I Z JW I IDZ A8VIoNOH,o? 3314A "3 COMMQNNEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paula P. Correal Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Stephanie Walters 272 South West Street Carlisle, PA 17013 Disposition Summary Michael W Stitzel V. Matt Walters, Walt Brown, Stephanie Walters Docket No Plaintiff Defendant MJ-09201-CV-0000033-2011 Michael W Stitzel Matt Walters MJ-09201 -CV-0000033-201 1 Michael W Stitzel Stephanie Walters MJ-09201-CV-0000033-2011 Michael W Stitzel Wait Brown MJ-09201 -CV-0000050-201 1 Stephanie Walters Michael W Stitzel Judgment Summary Joint/Seve ral Liability Individual Liability Participant Matt Walters $3,671.65 $0.00 Michael W Stitzel $0.00 $504.75 Stephanie Walters $3,671.65 $0.00 Walt Brown $3,671.65 $0.00 Docket No: MJ-09201 -CV-0000033-201 1 Case Filed: 3/25/2011 Disposition Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Judgment for Plaintiff Disposition Date 06127/201' 06/27/201' 06/27/201'. 06/27/2011 Amount $3.671.65 $504.75 $3,671.65 $3.671.65 Judgment Detail ('Post Judgment) In the matter of Michael W Stitzel vs. Matt Walters; Stephanie Walters; Walt Brown on 6/27/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $3.527.00 $0.00 $3,527.00 Filing Fees $144.65 $0.00 $144.65 Grand Total: $3,671.65 in the matter of Stephanie Walters vs. Michael W Stitzel on 6/27/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $504.75 $504.75 Grand Total: $504.75 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 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 MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MDJS 315 Page 1 of 3 Printed: 06/28/2011 1:20:29PM ? Michael W Stitzel Docket No.: MJ-09201-CV-0000033-2011 v. Matt Walters, Walt Brown, Stephanie Walters r Date Magisterial District Judge Paula P. Correa[ ,..., . *# certify at this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Paula P. Correal MDJS 315 Page 2 of 3 Printed: 06/28/2011 1.20:29PM PILED-OFFICE OF THE PROTHONOTARY 2011 JUL 21 PM 1: 49 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEAL &=-XxkorA NNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas I? 5%S'4,. upon the District Justice designated therein on (date of service) 3Vi a,1 2011 L:J by personal service L] by (certified) (register d) mail, sender's receipt attache hereto, and upon the appellee, (name)d AA b on 1 Or ZV,V QA 2011 d by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND S BS RIBED BEFORE VIE THIS S DAY' OF Y /1 , 20 / ignature of official Whom whom affidavit a made Title o fflci My commission empires on 20 + j I ^ Signature of affrant 11110611NONIPSO Dow COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. a i -,"a ti I VI n"' 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. apt j M33 optic' ? - of - 1)6n - 'ao I 1 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. 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 Prothonotary or Deputy NAME OF D.J. C-0 rce_c?? STATE ZIP CODE (Defendarl)' +¢ y,_i g VS 1YVI ?i iT-, I L\ 1 i Vi"V13111113+ 3NATURE OF APPELLANT OR ATTORNEY OR GENT -?( rt.C ,. 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. PRA€CIPE TO ENTER RULE TO FILE COMPLAINT,AND RULE TO FILE 11 (This section of form to be used ONLY when sippellant 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 appellee(s), to file a complaint in this appeal Name of appegee(s) (Common Pleas No. .. l,f U? rri? )within twenty (20) days after service of rule or suffer entry q f judgment of non pros. 1 1?' ' i,? Slgrlatupe°fb( LoraMclmey or agent RULE: To ?P? Qrtt-1 appellee(s) 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) gays 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 ENTERS . T W'4 i (3)., Thik,dite',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- iNPLUDE, COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE STEPHANIE WALTERS, Appellant V. MICHAEL W. STITZEL, Appellee IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-5802 CIVIL TERM PRAECIPE TO STRIKE APPEAL TO THE PROTHONOTARY: AND NOW, the Appellee, Michael W. Stitzel, respectfully requests that the Prothonotary's office Strike the above captioned Appeal due to Appellant's failure to properly serve Notice of Appeal on Appellee. It is Appelle's understanding that Appellant serve the initial Complaint on the Law Offices of Paul Orr by personal delivery, on or about July 21, 2011. Under the Rules of Civil Procedure, Appellee is respectfully requesting that the Prothonotary Strike this Appeal with prejudice. amMONWIIEALIH OF MVaYlq Date: 61/ /? NOUN Sod By: Heat1w ?A?Jrz Bom °n w Notary Pubk cowey Michael W. Stitzel a"* 4MO 2ois 91 Cranes Gap Road o}? Carlisle, PA 17013 Notary Public (717) 576-5391 Appellee -A. r y.J aa? C7'+ ?O Y vll?. F,d t_J ?, =4 Az ea OF THE FILED-OFFICE RY 1011 AVG 22 PN 3.05 CUMBERLAND COUNT'S PENNSYLVANIA STEPHANIE WALTERS 272 S. West Street Carlisle, PA 17013 Movant vs. MICHAEL W. STITZEL 91 Cranes Gap Road Carlisle, PA 17013 Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE # 11-5802 CIVIL TERM MOVANT'S PETITION TO REINSTATE APPEAL Movant, Stephanie Walters (hereinafter "Walters"), by her attorney, Anna Marie Sossong, and the law firm of SkarlatosZonarich LLC, respectfully petitions this Court to reinstate the appeal of Appellant which was stricken by the Court on August 16, 2011, and avers as follows: 1. Walters commenced this action on July 21, 2011, by filing a Notice of Appeal from District Justice Judgment (hereinafter "Notice"). A copy of Walter's Notice is attached as Exhibit "A." 2. On July 21, 2011, Walters hand delivered the Notice to Paul B. Orr, Esquire (hereinafter "Orr") the attorney who represented Appellee, Michael W. Stitzel (hereinafter "Stitzel"), at the District Justice hearing. Proof of Service of' this delivery was filed with the Prothonotary. 3. On or about July 26, 2011 Stitzel, by and through his counsel, Orr, filed a Notice of Appeal from District Justice Judgment in this Court to Case No. 11-5937 Civil (hereinafter "Stitzel Notice"). A copy of the Stitzel Notice is attached as Exhibit "B". Walters was not served with a copy of the Stitzel Notice. 4. On August 16, 2011, Stitzel filed a Praecipe to Strike Appeal to Case No. 11-5802 Civil in which Stitzel contends that he was not properly served with Notice of the Complaint under the Rules of Civil Procedure. Walters was not served with this Praecipe and as a result did not respond to Stitzel's allegations. 5. Orr represented Stitzel at the District Justice Hearing which underlies the appeal of Walters. 6. Orr represented Stitzel in the Appeal filed by Stitzel to Case No. 11-5937. 7. Walters served Orr with Notice and filed the Proof of Service noting same. 8. Pa. R.C.P.M.D.J. 1005 (A) permits service of the Appeal to the attorney if the Appellee has an attorney. 9. Stitzel cannot argue that Orr no longer represented him at the time Walters served Orr with the Notice because Orr filed the Stitzel Notice five (5) days after Walters served Orr with notice of her appeal. 10. Stitzel has not filed his Complaint as requested in Walters "Praecipe to Enter Rule to File Complaint and Rule to File" which was filed as part of Walters Notice. 11. Contemporaneously with the filing of this herein Petition, Walters is filing her Complaint in Case No. 11-5937 Civil, which addresses that portion of the same District Judgment determination based on Walters counter-claim at the District Justice hearing. WHEREFORE, Appellant, Stephanie Walters, respectfully requests that this Court reinstate the appeal of Appellant in the above-captioned matter and permit the case to proceed in accordance with the Pa. Rules of Civil Procedure. Respectfully subm 1 Dated: 4 v , 2011 By: Anna Marie Sossor Identification No. 3 *08 SkarlatosZonarich L 17 South Second Street, 6`h Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 - 1000 Facsimile: (717) 233 - 1016 Email: ams@skarlatoszonarich.com Attorneys for Movant Stephanie Walters VERIFICATION I, Stephanie Walters, hereby certify that the facts set forth in the following Movant's Petition to Reinstate Appeal are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Movant's Petition to Reinstate Appeal is that of counsel and not my own. I have read the Movant's Petition to Reinstate Appeal, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Movant's Petition to Reinstate Appeal is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Movant's Petition to Reinstate Appeal are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: all g a01(-e ?- r--- Stephanie alters COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. f J- S80 : (.,.' Ivl1 7",-rm 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. _t',J`,"tiC.`.(1< I? t !CY-1'C., l ADOR SS ° APPELIANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Delendent) M t: i4e V3 DOCKET No. (\\ SIGNATURE OF APPELLANT OR ATTORNEY OR GENT ti Vj,F i I This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. 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. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINTw4ND RULE TO FILE (This section of form to be used ONLY when 4ppellant 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 iv i t appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. _ s Lt within twenty (20) days after service of rule or suffer entry of judgment of non pros. i t t j ! f " Vt Z' I? Signature of appellant or aftomey or agent RULE: To appellee(s) 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. 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 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE COURT OF COMMON PLEAS n Judicial District, CouHtof 3 ( t ( r NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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. NAMt Ur ANrtLLAN i NW.. UIS 1. NU. NAMt Ur U.J. ADD ESS OF APPELLANT , CITY STATE ZIP CODE 711 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' J t_ DOCKET No. SIGi-O OF A LLANT OR ATT Y OR AGENT I-pA? VA& This block will be signed ONLY when this notation is required under Pa. If appellant was Claim (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 100813. 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. Signature of Prothonotary 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 / - / appellee(s), to file a complaint in this appeal Name of appellee(s) /IVA (Common Pleas No )within twenty (20) days after rvi o rut ors er ant o ' dgment of non pros. Signs re o appellant or attorney or agent RULE: To `? J , appellee(s) ! . 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 d9 pdt%II la, #a fit within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) Th a e??t1.sQrKir ctFtair Ddd'4 service was by mail is the date of the mailing. i Dater _ f x'20 4' r ; Sig lure of Prodtortota or puty r YOU -THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 'i;' +111V'`• AOPC 312-02 COPY TO BE SERVED ON APPELLEE whop- dw? STEPHANIE WALTERS 272 S. West Street Carlisle, PA 17013 Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE # 11-5802 CIVIL TERM vs. MICHAEL W. STITZEL 91 Cranes Gap Road Carlisle, PA 17013 Appellee CERTIFICATE OF SERVICE I, Debra L. Logan, an employee of SkarlatosZonarich LLC, certify that I this day served a copy of the attached Movant's Petition to Reinstate Appeal upon the person indicated below, by U.S. Mail, regular First Class United States Mail at Harrisburg, Pennsylvania, and addressed as follows: Michael W. Stitzel 91 Cranes Gap Road Carlisle, PA 17013 Paul B. Orr, Esquire 50 East High Street, Suite 1 Carlisle, PA 17013 Dated: f 2-Z, All\ De ra . Logan MICHAEL W. STITZEL, Plaintiff/Respondent vs. STEPHANIE WALTERS, Defendant/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2011-5802 CIVIL IN RE: PETITION TO REINSTATE APPEAL ORDER AND NOW, this Z I' day of August, 2011, a rule is issued on the c r-12 C) czi xrn ? ? ?? D N S cs c, _ 1-7 po rn -4 z- C'j eta plaintiff/respondent to show cause why the relief requested in the within petition to reinstate appeal ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, /Anna Marie Sossong, Esquire For the Defendant/Movant Paul B. Orr, Esquire For the Plaintiff/Respondent Michael W. Stitzel Plaintiff/Respondent Kevin ess, P. J. Am