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Home My WebLink About04-5022 COMMONWEALTH OF PENNSYLVA"'IA COURT OF COMMON PLEAS NOTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEASNo. 04-!)O'J,'d. f)iv.1 T~", NOTICE OF APPEAL ad . s. a.oo1.{ Notice is given that the appellant has filed i" the above Caurt af Camman Pleas an appeal fram the judgment rendered by the District Justice an the date and in the case mentioned belew. :lgi!lNorcuA f-ki.Sl)PPLe ory IHA~~L-DOFE, BeN ~ 5lf5 BRrTTU/\J R..O. SI-I I PPtNS8Uf<&- fA 17;).57 ~~'~NQ-qr07/D4 1"<T'''NEALY/RING fNT ~ f'vUrrlr-blu.Jt'7fuU;DPfLE" .....-. .... - f I' I j SIGNATURE OF APPB.LANT OR HIS ATTOR-:..t OR AGENT ~~ I~ OJ~)O l<tu - 04- ~t?&lj:{ g *~ - (f!;) 1~ This black will be signed ONLY when this "otafian is required under Po. R.CPJP. No. If appellant was CLAIMANT (see Pa. R.CP.JP. No. 1008B. rhis Nofice of Appeal, when received by the District Justice. will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment far possessian in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signarum 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.J.P. No. f 00 1 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE, To Prothanatarr Ente...ule upan r,){31 LV I R IlJe EJJT Name of appellee(s) (Comman Pleas No. O'i- 5l>;;l::l C'-v;J . appellee(s). ta file a complaint in this appeal RULE, Ta )withint~ty (20) day(;Jr1U;; s~~~~ NeALY / R I t.J E' EI\.lI: """" 01 appe//{Je{SJ , appellee(s). (1) You are notified that a rule is hereby entered upan you to file a camplaint in this appeal within t~ty (20) days after the date af _vice of this rule upan 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 8E ENTERED AGAINST YOu. Date: ill ~ ,~.y c; 1-" 01 ProIhotKDy CY o,..Jty (3) rhe date of service of this rule if service was by mail is the date af mailing. , 10PC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE COMPLAINT (ThiS nroo{ at SErVice MUST BE WiTHiN ""S' At be)\'8':: ~: COMMONWEALTH PENNSYLVANIA COUNTY ; SJ AFFIDAVIT: by a CODY Notice of if\PPcCli Nu by iJ:ertliied) iregbt'i:!hl) _'72t)(Jei'S reCBipt aTtached hereto otaftl8rT rille t-" (,) .i~"~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-01 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS 'NEALY/RINE ENT ., 301 AIRPORT RD SHIPPENSBURG, PA 17257 L ~ VS. Mag. Dist. No.: OJ Name: Hon. HAROLD E. BENDER Add,,,,, 35 W ORANGE STREET P.O. BOX 361 SHIPPENSBURG, PA T.",",", (717) 532-7676 17257-0361 DEFENDANT: NAME and ADDRESS 'HOLSOPPLE, MIKE/NORMA 545 BRITTON RD SHIPPENSBURG, PA 17257 L ., MIKE/NORMA HOLSOPPLE 545 BRITTON RD SHIPPENSBURG, PA 17257 Docket No.: CV- 0000180- 04 Date Filed: 7/02/04 ~ .., . "'.'t . . THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT.A TNTIFF [!] [!] Judgment was entered for: (Name) NRlIT,V /RTNR R1Il'I', Judgment was entered against: (Name) HOT,Roppr.R, MTKR/NORMlI. in the amount of $ 1"4.00 on: (Date of Judgment) Q/07/04 o Defendants are jointly and severaily liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 106.00 Judgment Costs $ 58.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 164.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Tofal $ 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 JUDGMENTITRANSCRIPT 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. v-7-();/ Date .JI~ Z- ~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 DATE PRINTED: 9/07/04 10:44:41 AM m- ~ ,..-....., V) , '-' ':l::-" '!1 V> ~ J:::. ~ ,1 V) V\ I C" ''J "- (.'.' ~ "'- ~l; , ~ ~ ~ V ::B ."", PROOF OF SERVICE OF NOTICE OF APPEAL ANO I~ULE TO FILE COMPLAINT (This proo/ of service MUST BE FfLED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. C~k a~cabl3boxeS) ~ ~ i1 COMMONWEAl~OF Pte:tSYLVANIA C6i, g ::t::D COUNTY OF rl'2:ti1t;.J(N ;.. .', -i ':'~F;'i (/) ifq9 AFFIDAVIT: swear or affirm thaI I served c',: ~ <.r. S::C' E/J a copy of the NO'iGec5[;J6'eal, Common Pleas No 04-~ upon the D'stn~t'ce~S,g~~there'n on (date at service) bel' 1:,)aOD 'f . !ill by personal service 0 by (certil.iiiJli (r~ter~ mail. sender's r!l!:el~j altached ~ejo. and upon the appeliee. (name) _ Nf'Cl./lj I (<JY'le. &rt-. :;; 0:....: ' on ~Q:,o"- --L , Vl~ 0 by personal service Iii!I by (certilied) (registered) mail, sender's receipt attached hereto. ~ and further that i served the Rule to File ~ Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom tfle Ruie was addressed on (')otbber /3 ,~ 0 by personal service'll! by (cert,lIed) (reg'stered\ mrilL sender's receipt attached hereto SWORN (AFFlii!J..AND SUBSCRIBED BEFORE ME THIS _ L ~. DAY OF ,. . }!l~ ~~9 .f/tIlI/ptA, 1C;!::/~ n . Notarial Seal Lau"e .J. Porter, Notary Public &.~~mbersburg Boro, Franklin Coonty "'r"'omll)jssIQl'l Expires Nov. 22, 2004 Member, Penru;ylvanla Association of Notaries My commission .Idttf . Complete fiems 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece. or on the front if space permits. 1. Article Addressee .:.Y. j~!1P~W, 2{)/ '/?Jrp'Jil- fd ~., r~ /11 ?JufJpdl ~ 77)~? x- <- B: Received by (Printed C. Date of Delivery t7 ,( D. Is delivery addressdifferent from Item 11 0 Yes If YES, enter delivery address below: 0 No D Agent D Add....... 3'ilea Type Certified Mall eglstered o Insured Mail D Expre.. Mall o Return Receipt for Merchandise DC.O.D. DYes 2. 10259S.02-M-1540 Pl --..---..- .---_... ..---..... r "~.."._"'i_.~,_,""""""""""",__~':"'--,~;",,,- _"~_:t:I"''llli'~~_',l'~'&l"''''1._'''''''~,'jl!'i.lI'''~.......--..._,,,,~,,~"~___,..,______."._ COMMONWEALTH OF PENNSYlVA~'A , , COURT OF COMMON PLEAS NOTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ,.",. re" '1'1 . I \,/'-1- .1 '-0<'" t)'V, Od ::'. ;J.O()I-{ 'e ~.. _~" NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below WlM NO NAME """"""" M/l(E NOft..UA t1CLSbPPlt: ADDRESS APPELlANT , 3i/s BR rrrDN IC'D. NTHE CASE OF (Pfaintfff) q 07 D NEALY f</NE 0000 (~() - Olf " cv ft lr 19 This black will be signed ONLY when this notation is required under Pc. R.CP J.P. No. 10088. This' ,Notice of Appeal, when received by the District Justice. will operate as 0 SUPERSEDEAS ta the judgment for possession in this case. 7rARcl:n"'E, BeN a::R... OTY STATE _ ZPC SH IPP'ENS6UR.&- Pf-) /7;),57 , (Defendant) ENT. 'IS. f'vlj ~t: I\b'{MA OL5DffLF ~;;~- ;;'i/;;;; - rV 1~ If appellant was CLAIMANT (see Pa. R.GP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. SignatJ.Jre of Profhonotary or Oeputy (This section of tonn to be used ONLY when appellant was DEFENDANT (see Pa. HC.P.J.P. No. 1001(7) in action before Disuict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PRAECIPE: To Prothonotary Enter rule upon 1\j8J I.N I R I NC E7JT: . Name of appellee(s) (Common Pleas No. 0'1- 5"O;)~ c.,'v;1 ,appellee(s), to file a complaint in this appeal RULE: ro Nf^,-"y / R I tv.. E.' E tV1: Name of "'loeIs} ) within twenty (20) days ~~ l'vic r rliA. J , appellee(s). ( 1) Yoo are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty {20) dOy. .afler ...the date of, service of this rule upon yoo by personal service or by cemfied or registered mail . . . "\,UiJHJ.l.ll.tf' , \-y.~},. ,,',; .JJ~/ .i" (:il).~ yOu"do'noI fi~-9./~pIaint within this time, a JUDGMENr OF NON PROS WILL BE ENrERED AGAINSr YOU. .:;t , ~ I (3) Tbi> dale of service of ,this rule if service was by mail is the date of mailing. , r ~ ill .5"" -""') , ~(X)Y · .1~7~-t2r'_'_ '. " . ,..'-".......... ", ' "; ..:~\\i.\ , "',111.. \. ~.~ N:)pC 31:2-84 COURT FILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEAL Y/RINE ENTERPRISES, An unincorporated association, Plaintiff v. nt, /) '1- SO.2"L FILED PURSUANT TO CIVIL APPEAL FILED TO CV -0000180-04 FROM JUDGMENT ENTERED IN FAVOR OF PLAINTIFF MICHAEL HOLSOPPLE and NORMA HOLSOPPLE, husband and wife, Defendants 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 pToceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or fOT any other claim or relief requested by the plaintiff. You may lose money OT 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 OR 1_800-990-9108 J rry A. W . gle, Esquire Attorney for laintiff Attorney 10 #71577 126 East King Street Shippensburg, PA 17257 (717)532-7388 B WEIGl-E & ASSOCIATES. "c. _ ATTORNEYS AT l-AW - 126 EAST KING STREET - sH'PPENsBURG. PA H2s7-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NEAL Y/RINE ENTERPRISES, An unincorporated association, Plaintiff v. fU,o<J. SD2:J.-- FILED PURSUANT TO CIVIL APPEAL FILED TO CV -0000180-04 FROM JUDGMENT ENTERED IN FAVOR OF PLAINTIFF MICHAEL HOLSOPPLE and NORMA HOLSOPPLE, husband and wife, Defendants COMPLAINT AND NOW comes the Plaintiff, NealylRine Enterprises, an unincorporated association, by and through its attorneys, Weigle & Associates, P.c., and in support of its claim, states the following: 1. The Plaintiff is NealylRine Enterprises, an unincorporated association duly and properly formed under the laws of the Commonwealth of Pennsylvania, with principal business address of 301 Airport Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania. 2. The Defendants are Michael Holsopple and Norma Holsopple, husband and wife, whose present address is 545 Britton Road, Shippensburg, Cumberland County, Pennsylvania. 3. On or about May 20, 2004, Plaintiff and Defendants entered into an oral contract wherein Plaintiff agreed to cut and trim the grass areas of the Defendants' property known as 545 Britton Road, Shippensburg, Cumberland County, Pennsylvania. 4. The agreed upon rate of compensation to be paid by the Defendants to the Plaintiff was Thirty ($30.00) Dollars peT hour, which rate is customary and reasonable in the area, and the grass to be mowed approximated three quarters (3/4) of an aCTe. 5. The grass to be mowed on the above-described premises was approximately eighteen (18) to twenty (20) inches high and required six (6) hours to mow and bag - part by lawn tractor and part by hand mower. 6. Plaintiff completed the work in a timely manner and again mowed and trimmed the Defendants' property at Defendants' request on or about May 26, 2004. WEIGLE & ASSOCIATES. RC. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 7. On or about May 26, 2004, Plaintiff submitted a bi\1 for mowing services rendered to the Defendants in the amount of Two Hundred Thirty ($230.00) Dollars calculated as follows: = $180.00 50.00 13.80 May 20, 2004 May 26, 2004 6 hours at $30.00 per hour Flat rate Pennsylvania sales tax = = TOTAL $243.80 A copy of Plaintiff's invoice is attached hereto, made a part hereof, and marked Plaintiff's Exhibit 1. 8. To date, the Defendants have made payments on this account balance totaling One Hundred Thirty-seven and Eighty Cents ($137.80) leaving a balance presently due and payable of One Hundred Six Dollars ($106.00). 9. To date, Defendants have refused to pay to Plaintiff said remaining balance of One Hundred Six Dollars ($106.00), although Plaintiff has repeatedly demanded payment of the same. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of One Hundred Six Dollars ($106.00) plus filing fees and costs of suit plus interest at the legal rate. WEIGLE & ASSOCIATES, P.C. By: 0/ . Wei e, Esquire Att ey for Plamtiff Attorney ID #01624 126 East King Street Shippensburg, PA 17257 (717)532-7388 WEIGLE & ASSOCIATES. P.c. _ ATTORNEYS AT LAW - 126 EAST 1-<ING STREET - SHIPPENSBURG. PA 17257-1397 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. e.s. 4904, relating to unsworn falsification to authorities. NEALY /RINE ENTERPRISES Dated: I~/J.. 7/# r By: .~./A'f~/ Shane M. Rine (Partner) WEIGLE & ASSOCIATES. P.c. _ ATTORNEYS AT LAW - 126 EAST I'ONG STREET - SH1PPENSBURG, PA 17257-1397 " Nealy/Rine Enierprises- ',.. Fence & Lawn Service 301 Airport Rd. Shippensburg, Pa 17257 (717) 530.0533 or (717) 532-8214 " Customer Name 5''1 ~- 5"117,,, I . Date ;1'/, (~7 . /le' I ~ /111 ~:~ (j (" ,11 Orll .k?cl. /l ' f'ct. /7;. <;7 5-' Phone ")('! .-" 5"~;?(.. "(7'1' St"3L ) ( Date 7-. Description Hrs. Unit Price Amount :f.,-". O/i'''''' ) /Y/(7W.,.T"'-i.M 6/,.( ,?/-:;I I :f'....; k>e ::. .;;:{.-' (}I If 5'(J f:Z:; . . . -/\ i /' . I 1 I/L~ . rrl tJ -",;) ~l/'1 c.~ ' 'f.CfC ./1 .<U , h.. /'. T<:; 1/ ?Y: . /'l -f ) , f/0 y" fI{ r" . , ((IlI'rA.v'7 ( /--12.1 17f7 , VI ,I (/..(, ~~ ...1.-, - f),01.. L Sub Total ::HO OJ). Tax i5' ~ TOTAL ~i/J ?JO 10 r l' ~ NET 30 DAYS, ~-1 /do ~dd~? ~er 30 ~ax.s .,__ PLAINTIFF'S EXHIBIT 1 (") ...., ,,~ = 0 ~.:) -"-1':" .r- -n 1"1-1 ~, C) ..... "7 " ::r: ...... rn::n ~..n "-, -0 hi ../ r_~: CO :06 C) :{':;;,," ".... ':J ..J :r -r. ;:,~, (~I ::Jl: (5:0 .).;>0 J'""'- ~".J1'C) :'.'J (Srn -.--1 )> -.. C>:J co -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NEAL YIRINE ENTERPRISES, An unincorporated association, Plaintiff NO. 04-5022 Civil Term v FILED PURSUANT TO CIVIL APPEAL FILED TO CV -0000180-04 FROM JUDGMENT ENTERED IN FAVOR OF PLAINTIFF MICHAEL HOLSOPPLE and NORMA HOLSOPPLE, husband and wife, Defendants PRAECIPE TO DISCONTINUE To Prothonotary: Please discontinue the above-captioned matter as the Plaintiff wishes to withdraw the Complaint previously filed. Dated: ~ /7 /0(; / WEIGLE & ASSOCI~J'C; By: J A. igle, Esquire Attorney for laintiff Attorney I.D. #01624 126 East King Street Shippensburg, P A 17257 Telephone (717) 532-7388 WEIGLE & ASSOCIATES, Pc. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397