HomeMy WebLinkAbout13-1073COIV~Oh'W~_AI_T~= OF PENNSYLVANIA
coi_IfzT t~F COMA90N PLEAS NOTICE OF APPEAL
Judicial District, County Of
C~ ~:;~w~~~~~'r y ~,~. ,~~'
FROM
MAGISTERIAL DISTRICT JUDGE 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 Magisterial District
Judge on the date and in the case referenced below.
rno~-
~~
DOCKET No.
~J -C~°~~b3- CU-~~co311~-~o1a
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDERS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
.-~
VS
NATURE OF
~~
4,--, ~ p
"Ka+Hw~S~-fa K'~
was Claimant (see Pa. R. C.P.D.J. No. 1001(6) in
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) c~ys ~fter filinv~e NOTICE ofiAPPEAL.
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 Magisterial District
Judge. 1F NOT USED, detach from copy of notice of apppea/ to be served upon appellee.
PRAECIPE: To Prothonotary ~~ t ~C,
Enter rule upon ~ appellee(s), to file a complaint in this appeal
u`
i
. ~
N/a~me of appeflee(s) -~'
(Common Pleas No. 13 ~ /Q~3 L'~~~` )within twenty (20) days after service of r or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To ~ ~~l , appellees)
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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Dater X6.20 (3
s. nature ofProthonotaryorDepury
~__~
YOU MUST INCLUDE A COPS bF~ t~f#~NO~'1CE~f°,!'l9flGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
v i~'~'r°~ i~l SNN,~d
~103.Sb~d ~~~ ~I~1l~~ 92~3~£d(:9
~~ `' I ~Sa~;,
~. ~'1 ~ i i k,} a ~'~ a~ I
i ~,
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND
Case
Mag. Dist. No: MDJ-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Mohamed A Sfaxi
304 Sandbank Road
Mt. Holly Springs, PA 17065
..
Disposition Summary
IJOCK@L NO P iff D n n
MJ-09303-CV-0000316-2012 CTR, Inc. Mohamed A Sfaxi
MJ-09303-CV-0000316-2012 CTR, Inc. Kathryn L Sfaxi
... _ .
Judgment Summary
Participant JointlSeveral Liability Individual Liability
CTR, Inc. $0.00
$0.00
Kathryn L Sfaxi $10,328.78 $0.00
Mohamed A Sfaxi $10,328.78 $0.00
Judgment Detail ~*PostJudgmeni)
CTR, Inc.
v.
Mohamed A Sfaxi, Kathryn L Sfaxi
.~ ~~ -3a~-(~aa-3
Docket No: MJ-09303-CV-0000316-2012
Case Filed: 12/19/2012
Disposition
Judgment for Plaintiff
Judgment for Plaintiff
Disposition Date
02/12/2013
02/12/2013
Amount
$0.00
$10,328.78
$10,328.78
In the matter of CTR, Inc. vs. Mohamed A Sfaxi; Kathryn L Sfaxi on 2/12/2013 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $10,155.00 $0.00 $10,155.00
Filing Fees $143.00 $0.00
$143.00
Server Fees $30.78 $0.00 $30.78
Grand Total: $10,328.78
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTAf3Y/CLERK OF _CO.URT 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.
Date
copy o t e recor o t e prc
Date
oliA v
1 ruq~o~
~ ~y~ ~.
Magisterial District Judge Susan K. Day ~~,°;;w~
Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 02/12/2013 2:36:32PM
F1LL0-0FFiCF
!r' THE PROTHGNOTAFi'`'
2013 MAR 22 PM 1: 4
CUMBERLAND COUNTY
PENNSYLVANIA
CTR, Inc. : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Mohamed Sfaxi & Kathryn Sfaxi No 1073 20 13
Defendant
Civil Term
NOTICE TO DEFEND
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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY
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 THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CTR, INC. NO. 13-1073
Plaintiff
V.
MOHAMED SFAXI &
KATHRYN SFAXI :
Defendants
COMPLAINT
NOW COMES the Plaintiff, CTR, Inc., and makes the within Complaint against
the Defendants, Mohamed Sfaxi and Kathryn Sfaxi, as follows:
1. Plaintiff, CTR, Inc., is a Pennsylvania corporation, which operates a towing
services known as Coulson's Towing, with a business address of 425 Range End Road,
Dillsburg, York County, Pennsylvania 17019.
2. Defendants, Mohamed Sfaxi and Kathryn Sfaxi, are adult individuals with an
address of 304 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania
17065.
3. At all times material to this complaint the Plaintiff was engaged in the
business of towing of vehicles and storing the same.
4. At all times material to this complaint, Defendants, Mohamed Sfaxi and
Kathryn Sfaxi, were the owners of a 1997 Volkswagen Golf, VIN
3VWKA81H4VM027812.
5. On the 11'' day of May, 2012, Plaintiff was called by the Carroll Township
Police Department requesting Plaintiff to impound a 1997 Volkswagen Golf from an
accident scene on Route 15 in Dillsburg, Pennsylvania.
6. On that same date Plaintiff did tow said vehicle to its impound yard at 425
Range End Road, Dillsburg, Pennsylvania.
7. On May 23, 2012, Plaintiff sent a letter to Defendants informing Defendants
of the impound and stating the towing and storage fees that needed to be paid in order to
release the vehicle back to Defendants.
8. On May 25, 2012, Defendant, Mohamed Sfaxi, telephoned Plaintiff and
stated he refused to pay any fees.
9. On June 11, 2012, Plaintiff sent a second letter to Defendants requesting
payment of towing and storage fees immediately.
10. On July 16, 2012, Plaintiff filed a civil complaint with District Court 19-3-10
for the amount due and owing, which was $4,590.00.
11. Plaintiff received a number of telephone calls from District Court 19-3-10,
indicating that the constable was unable to serve the complaint due to the Defendants
would not answer the door when the constable attempted to serve same.
12. On December 19, 2012, Plaintiff paid District Court 09-3-03 to re-file a
second complaint after the first complaint was Dismissed Without Prejudice. The
amount requested in the second complaint was $10,155.00 A hearing was held on
February 12, 2013.
13. At the hearing, Plaintiff was granted judgment in the amount of$10,328.78,
which was the amount requested plus costs. This did not include storage fees from
December 19, 2012 through the current date.
14. Plaintiff has provided towing services in the amount of$300.00 and storage
services from May 11, 2012 through the present at a rate of$45.00 per day.
15. All claims included in this complaint represent standard and customary fees
for towing as the Plaintiff has a substantial investment in equipment, facilities, labor,
insurance and repairs to keep vehicles operable and available to the public and police
departments 24 hours a day, 7 days a week. Plaintiff charged a rate of$45 a day for
storage, which rate is fair and reasonable and customary for the services rendered, as
vehicles have to be in a secured environment.
16. As of this date the sum of$14,911.98 is due and owing and has been unpaid.
WHEREFORE,the Plaintiff respectfully requests the sum of$14,911.98 be paid
from May 11, 2012 to date of Complaint, plus $45.00 per day from date of Complaint
until Judgment date.
Respectfully Submitted,
Dated:
-Ehristopher C. Coulson
Pro Se
President, CTR, Inc.
425 Range End Road
Dillsburg, PA 17019
717-432-7408
e
' o Cif i" OT
IN THE COURT OF COMMON PLEAS 3 APR 3 PM 2: 28 hti
CUMBERLAND COUNTY, PENNSYLVA$ '': '.
ti
•
CTR, INC.
•
•
PLAINTIFF
•
vs. • NO.: 2013-1073
•
•
MOHAMED SFAXI &
•
KATHRYN SFAXI
DEFENDANTS :
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Complaint in
the above referenced matter was furnished to the Defendants as follows:
By first class mail, postage prepaid,the 25th day of March, 2013 as well as Certified
Mail, Return Receipt Requested on the 27th day of March, 2013. Said documents were
furnished to Defendants' address as follows:
304 Sandbank Road
Mount Holly Springs, PA 17065.
A copy of the signed Certified Domestic Return Receipt is attached hereto.
Dated: y 3 (';2
Christophe 'oulson, President
Plaintiff
CTR, Inc.
425 Range End Road
Dillsburg, PA 17019
717-432-7408
• Complete items 1,2,and 3.Also complete A. Bignature,,
item 4 if Restricted Delivery is desired. a Agent
III Print your name and address on the reverse X `` ✓1V �� �L�-' ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. =e of'=livery
In Attach this card to the back of the mailpiece, 1.1
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: No
f1`li`- w fors oohainet)► . axi
3D9 SarAbanL R
1 t1�iIY 5[?n j5 pc, 170(Y 3. Service'type
1 / `J? r Y� "(Certified Mail ❑Express Mail
❑Registered )(Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number -7012 1010 0000 6285 4519
(Thansfer from service labs°
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CTR, INC. NO. 13-1073
Plaintiff
V.. ; c>
Q
MOHAMED SFAXI & rn
KATHRYN SFAXI
Defendants D C
y° °Z'
p o
Dc 77 rcr
DATE OF NOTICE: April 24, 2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS.
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 REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108
717-249-3166
Respectfully Submitted,
Dated:
Christopher C. oulson
Pro Se
President, CTR, Inc.
425 Range End Road
Dillsburg, PA 17019
717-432-7408