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HomeMy WebLinkAbout12-5552 COMMONWEALTH OF PENN6YLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM ,.f DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ ~~~~~~2 / NOTICE OF APPEAL Notice is given that the appellant hajs 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. E Of AP AAAG. 01ST. NO. OF D.J. ~ c~ 1~~. sec ~ - f~- 0 ! n ~ ~e g OF PE CnY STATE CODE DATE OF JUDGME N1 T E CASE OF ( ,lY V f - w V ja ` KET No. TtAtE OF U:ANT OR ATTORNEY OR AG NT This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (ses Pa. R.C.P.D.J. No. 10111(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received',t>y the District Justice, will operate as a before a District Justice, A COMPLAINT MUST 13E FILED within twenty SUPERSEDERS to the judgrr?ent for possession in this case. (20J days after filing the NOTICE of APPEAL. siynn.. orPraMa~aary orDepely PRA~CIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used OI~JLY when appegant 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 ~ V I ~ ~ ~ n ~ appeflee(s), to file a complaint in this appeal Name of appoMBe(s) (Common Pleas No. i ~ _ ~J ~ ~ ~)v ~ within twenty (20) days after service of rule or suffer entry of judgment of non pros. ~~~'a~~ Signature o/appellant orattomey a agent RULE: To ~ ~ ~ , appellees) Name of a 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 certfied or registered mail. (2) If you do nat 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. ~ ~ '`1 ~ _ t7lsJ'i 'C/ C•t~( Date: ~ ~ , 20 C~~ 1~y~-~Zrf S~ ~p~r YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH TH15 NOTICE OF APPEAL. AOPC 312-02 WHRE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FlLE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND:RtJLE TO-FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (7Q) DAYS AFTER frling of fhe 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 ofaffiant Signature of official before whom a~davrt was made Title of official My commission expires on , 20 C"1 °r°~ ~ V~ Q~ ~ ~ a p Ica ~ C~ ~ ~ w _ _ _ - _ ~ COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/TranscriptCIvil COUNTY OF CUMBERLAND Case Mag. Dist No: MDJ-OS-2-01 David A Brookens MDJ Name: Honorable Paul M Fegley v. Address: 2260 Spring Road, Suite 3 Anastasia Haviaras Carlisle, PA 17013 Telephone: 717-218-5250 Anastasia Haviaras Docket No: MJ-09201-CV-0000078-2012 22 Charles Street Case Filed 6!182012 Carlisle, PA 17413 Disposition Summary ~gj, j~,Q ~jsoo~sition Disposition DaEe MJ-09201-CV-0000078-2012 A Srookens Anastasia Haviaras Judgment for Plaintiff 08/15/2012 Judgment Summary _ _ Participant Joirtt/Several Liability lndi~dua! Liabilifi? Amount Anastasia Haviaras $0.00 $4,153.88 $4,153.88d'd G David A Brookens $0.00 $0.00 $0.00 _ - - _ _ _ _ ~__._s~ Judgment Detail (*PoatJudg~?ertt) In the matter of David A Brooken$ vs. Anastasia Haviaras on 811512012. the judgment was awarded as follows: Individual Liability Deposit Appiiad ~,Qypt Civil Judgment $0.00 $4.000.88 $4,000.88 Filing Fees $0.00 $153.00 $153.00 Grand ToRaF. $4,153.88 ANY PARTY HAS THE RKiHT O APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYACLERK COURT OF COMMON PLEAS. CML DMSION. YOU MUST INCLUDE A COPY OF TH13 NOTICE OF JUDGMENT/TRANSCRIPT FORM YOUR NOTICE OF APPEAL. EXCEPT AS OTHERYIflSE PR IN THE RULES OF CML PROCEDURE FOR MAGISTERUL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECT'S TO ENTER ' JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERAL DISTRICT JUDGE UNLES8 THE JUDGMENT is RED IN THE COURT OF COMMON PLEAS, ANYONE lNTEIiMSTED IN THE JUDGMENT MAY FILE A REtfUEST FOR ENTRY OF SAT~F TION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH E JUDGMENT. Mr 7 bjy i ~ • _ ~~1 \s iT` ~ ~ ~ ~ Date Magister~l Districx Judge Paul M Fegley is s a a co bopY ~ ~9 f Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed 081152012 't12:04PM David A Brookens Docket No.: MJ-09201-CV-0000078-2012 ~ v. Anastasia Haviaras Participant List Plaintiff(s) David A Brookens 4850 Adams Aue Carpenter, VNl( 82054 Defendant(s) Anastasia Haviaras _ 22 Charles Strbet Carlisle, PA 1 T013 *Comment: $ 46:00 Calls o attorney . _ ~ ~ $.:165~< . Attorney fees $ :28:8$ Car Rental $1,795.00 ...Plane tickets Brookens and wife $1,966.00 Plane tickets for children $ 153.00 Costs Total Judgement $4,153.88 Katie J. Maxwell, Esquire, Esquire Attorney I.D. No.. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff r w f 77, cz: DAVID A. BROOKENS, Plaintiff V. ANASTASIA HAVIAIAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-5552 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 or for any other claim or relief requested by the Plaintiffs. 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, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F:\FILESTlients\14953 Brookens\14953.1.com Katie J. Maxwell, Esquire, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DAVID A. BROOKENS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12-5552 ANASTASIA HAVIAIAS, Defendant COMPLAINT AND NOW, comes the Plaintiff, David A. Brookens, by and through his attorneys, MARTSON LAW OFFICES, and in support of his Complaint avers as follows: 1. Plaintiff David A. Brookens is an adult individual with an address of P.O. Box 812, Beach, North Dakota 58621. 2. Defendant Anastasia Haviaias is an adult individual with an address of 22 Charles Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the parents of minor children and have a custody agreement which was entered following a conciliation and which appears at Cumberland County Docket No. 2011-4833. 4. The custody agreement provides that Plaintiff was to have custody of his children during their spring vacation from April 4, 2012, to April 9, 2012. That period of visitation was to occur in Wyoming where Plaintiff was working at the time. 5. In reliance of the custody agreement, Plaintiff purchased airline tickets for his two children to travel from Baltimore, Maryland, to Denver, Colorado. The tickets for his children cost $379.60. 6. Plaintiff had to drive to Denver, Colorado to pick up the children at a cost of $500.80 in fuel. 7. Plaintiff took six days off of work in order to spend that time with his children. Plaintiff earns $440 a day and lost $2,640 as a result of taking that time off. 8. Despite the fact that the custody agreement provides that the children shall spend their spring break on even years with their father in Wyoming, Defendant failed to take the children to the airport for the flight arranged by Plaintiff. 9. Plaintiff was unable to refund the tickets for his children and was unaware that they would not be coming the week of April 4 until he arrived in Denver. 10. Following an Order of Court where Defendant was required to provide Plaintiff with additional custody time, Plaintiff purchased a second set of tickets for the children to fly from BWI to Butte, Montana. The cost of these replacement tickets was $3,764. 11. Plaintiff was also required to rent a car for the makeup trip with the children at an expense of $128. 12. As a direct result of Defendant's failure to cooperate with the custody agreement, Plaintiff has incurred expenses in the amount of $7,411. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a judgment against the Defendant in the amount of $7,411. MARTSON LAW OFFICES By: Katie J. ell, Esqui Attorne No. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff l ? ?? / WEItIFICATION The foregoing Complaint is based upon wonwhi* has been sad=cd by my counsel in the preparation of the lawsuit. The iangnp of the doaument is the of coursed and not my own. I have read the docamna t and to the wdent that it is based upon information which I have given to my coemsel, it is true and correct t!6 the best of my k nowleadgA information and belief To the extant that the content of the docmnent is OW of cm noel, I have relied upon counsel in tag this verification. Thus aetemcat and vedficaflon are made subject to the penalties of l g FL C.S. Se won 4904 relating to wsworn f coon to wJw which peovida the if I make bnmgl falac averments, T gay t? twiedt to "WIM l penalties. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor David A. Brookens vs. Anastasia Haviaias s' ~~ ?E~110CT 3 ! P~! 3~ ! cuM~E ~a~ar~ cou~~, ~E~NS`~LV,G~+I~ Case Number 2012-5552 SHERIFF'S RETURN OF SERVICE 10/19/2012 08:' 1 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2012 at 2011 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Anastasia Haviaias, by making known unto herself personally, at 22 Charles Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ....~ -ci~ , ,... ,,.Ct +f~ i RONALD HOOVER, DEPUTY SHERIFF COST: $34.45 October 22, 2012 SO ANSWERS, RON ~ R ANDERSON. SHERIFF David A. Brookens Plaintiff V Anastasia Haviaras Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N0. 12-5552 .__ ~~ r,, ~ ..~ ~ C7 r.7 ~-; -r^ ~~ O ~ rt.__ ~ ~ ~~ ~. -`= x'y C11 '-J .~~ ~ ~~_ ~ ~ { ra _, w I am objecting to this claim against me as the allegations are false. i do not owe Mr. Brookens any money far any missed parenting time as Mr. Brookens was the one who told me that we no longer had a agreement on February, 21,2012. Mr. Brookens was also told on March 24,2012 that the children would not be on the flight to his home giving him plenty of time to cancel the tickets and get alternate dates once there was an established parenting time order. Mr. Brookens was told numerous times on the date in question not to go to the airport that the children would not be there. His claim that there was additional time ordered by the court is false. Her never purchased other tickets nor did he rent a car for the nonexistent trip. The costs are false. This is an attempt to keep me tied up in court proceeding sand drain my pocketbook as Mr. Brookens is upset that he has to pay child support. I ask for the case to be dismissed. Thank you- .-~ rr`;~yI~J.~dl~~ ',~ ~'~~`f~~.~eC~ Anastasia Haviaras 22 Charles .St. Carlisle, PA. 17013 David A. Brookens IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ~~ f~3 NO. 12-5552 `°° ~ ~~ m =~ -; v ~ ~ N '°, r;-; ~r ~ ~~ November 21, 2012 r- "`~ ~-% «~ ~ ~ -:-; Anastasia Haviaras ~~: w 4-~,-,'-, Defendant - - r.~ ' ' I am objecting to this claim against me as the allegations are false. I do not owe Mr. Brookens any money for any missed parenting time as Mr. Brookens was the one who told me that we no longer had a agreement on February 21,2012. Mr. Brookens was also told on March 24,2012 that the children would not be on the flight to his home giving him plenty of time to cancel the tickets and get alternate dates once there was an established parenting time order. Mr. Brookens was told numerous times on the date in question not to go to the airport that the children would not be there. His claim that there was additional time ordered by the court is false. He never purchased other tickets nor did he rent a car for the nonexistent trip. The costs are false. This is an attempt to keep me tied up in court proceedings and drain my pocketbook as Mr. Brookens is upset that he has to pay child support. !ask for the case to be dismissed. Thank you- Anastasia Haviaras 22 Charles St. Carlisle, PA. 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID A. BROOKENS Plaintiff N0.5552 ~C1V11 2012' ('~ P J ~..i- Pry VS. ~~ -,;-T y~ - ANASTASIA HAVIAIAS ~~, ~ a Defendant ~ ~ : -~-m.", ~~ ~ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantial~i~he ~, ~~_; ~`` Following form: ~ " _, ~-~ - - PETITION FOR APPOINTMENT OF ARBITRATORS _ _. TO THE HONORABLE, THE JUDGES OF SAID COURT: Katie J. Maxwell, Esquire ,counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 7,411.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Mattson Law Offices WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Mattson Law Offi es a~~s~.SO~d a}~. By. /L ~~ ac~~a ~- 1 Katie J. a e7,l, Esqu re (Z~oZ $3l0 ORDER OF COURT AND NOW, petition, Esq., and 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, Kevin A. Hess, P.J.