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HomeMy WebLinkAbout04-6105 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 3 COMMON PLEAS No. () V - t / (J 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. ~;~h:J~~LANT 5D4if ADDRESS OF APPELLANT \l .5~\'1 0 \~ DATE OF JUDGMENT \ \ - 0 '-\ - oL\ DOCKET No. e.',rt..\e. l A~~ 1;).. IIN THE CASE OF (pT.iniiff) . 1)\)Q.~~ , (?)OO() \e,. I MAG~~T~N~._O \ I NAMEC:hOJ\~ t\ernen\ \ ~r. CITY. STATE Me..c..hM\C.5buO' (Defendanf" n vs 0o...c::..er Koc.he I \e. SIGNATURE OF APPELLANT OR ATTORNEY OR A~NT ' ZIP CODE \'1055" C\J.- ??oo5\04- - 04 ~ ~ 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. 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. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y 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 appel/ee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appel/ee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appel/ant or attorney or agent RULE: To , appellee(s) Name of appel/ee(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 ,e",ice of thi, ",'e If ",Nice wa' by mall i' the date of the maHl"g. t!. __ ;/ ~ . _ Date L {). -0 c'n_,20Q'!- -rrul , ~{!2f{),g!l.,J;ft YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; S5 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) ,20 o by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 0 by personal service 0 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 AOPC 312A - 02 12/06/04 10:57 FAX 7177746684 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND I M~a [l,St. No,: 09-1-01 OJ Nam.: HQn CHARLES A - CLEMENT I' J'R_ Add~~s' 400".B'iUDGE STREET .OLDE TOWNE COMMONS -SUITE 3 NEW. 'CUMBERLAND, PA T.'SPI'ono: (717) 774 - 59 89 17070 ROCHELLE SAGER 5317 OXFORD CIRCLE APT/STE 72 MECllANICSBURG, PA. 17055 -~,~. ,1/..0\' j~t D J CLEMEN.T--. OW{)5__ i4J002 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS monASH, BONNIE I 100 SOUTH FIRST ST LEMOYNE, PA 17043 L ~ VS. DEFENDANT: rsAGER, ROCHELLE 5317 OXFORD CIRCLE APT/STE 72 MECHANICSBORGI PA 1705.5 L I Docket No.: CV-0000564-04 Date Filed: 10/04/04 NAME .n~ ADDRESS I -..l .. THIS IS TO NOTIFYVOU THAT: Judgment: DRF,.AUT.T JUDGMF.NT PT.TF [iJ Judgment was entered for: (Name) nnnASR, ROlI1'NTF. [iJ Judgment was entered against: (Name). SAGRR, ROC-HP.T.T.'F. inthe amount of$ 7?::\ _ &:iO on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to Attachmenti42 Pa.C.S. S 8127 $ .0 Portion of Judgment for physical . damages arising out 01 residential ~ase$ _ . (Date of Judgment) 11/04/04 (Date & Time) Amount of Judgment $ 6QO.00 Judgment Costs $ 87.50 Interest on Judgment $ 36.00 Attorney Fees $ .00 Total $ 723.50 Post Judgment Credits. $ Post Judgment Costs $ ------------ ----------- Certified Judgment Total. $ ANY PA~TY HAS THE; RIGHT TO APPEAL WITHIN 20 rlAYS AFTER THE ENTRY OF JUDGMENT 6Y FILING A NOTICE OF APPEAl., WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUOE A COpy OF THIS NOTICE. 0/= JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL. PROCEDURE FOR DISTRICT JUSTICES, Ij: THE JUDGMENT HOL.DER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL j:URTHER PROCESS MUST COMe FROM THE COURT OF COMMON PL!:;AS AND NO FURTHER PROCESS MAY 6E ISSUED BY THE DISTRICT JUSTICE_ UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, A.NYONE INTERESTi:O lNiliE JUDGIII~ MAY ALE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS'" FULL, SETTLES, OR OTHERWISE COMPUES WITH THE JUDGMENT. MO~ - it 2004 Data ~.o.~i{,::. ,QSrict .kJstj(:e I certify that th.iS is a true an~or~eCt COrl ~ ~ tEe - 6 2004 Date ~A~ My commission expires first Monday of January. 2008 _ AOPC 315.03 DATE PRINTED: 12/06/04 r.. ~ _ Di5tri,;;t JlJ~ ...... - - " SEAL 10:53:32 AM ~--o (::> ~ o ~f; ~ 1f~~~ ~ -E; tA ~ --0 ~ ~ ~ ;::: \::) g -+- -' c~ <;:;:) J.:- (";) M (-) I C1"I (') "'1.1 .-l ::.C -- rn F!-:! -01" 'CJ :l.:i I ~() ~~s.~~ 6,rn ~2 -0 -"'.J- ..-. r.- .. o '\ NOTICE OF INTENT TO DEFEND Bonnie J. Dudash, PLIIuCJ.T In the Court of Common Pleas of Cumberland County, Pennsylvania Vs, Rochelle Sager, Defendant No. 04-6105 .*.COMPLAINT... L Bonnie J. Dudash, 100 South First Street, Apt B, Lemoyne, PA 17043. 2. Rochelle Sager, 5317 Oxford Circle, Apt 72, Mechanicsburg, PA 17055. 2, Bonnie Dudash sold some furniture to Rochelle in November of 2003 with the understanding that Rochelle Sager would pay for the furniture in full in the spring of 2004. With this understanding, Bonnie delivered the furniture to Rochelle's home at the end of November 2003. The agreed upon price at that time was $700.00 for everything. As of this writing, Rochelle has only paid a total of $100.00, and has no desire to pay for this furniture and is not willing to satisfy the agreement that was previously made with Bonnie Dudash. This furniture has been in Rochelle's apt for over a year now, and she has only paid $100.00. Bonnie is now seeking the balance due plus any court costs associated with trying to recover this amount, as well as any accumulated interest. Bonnie has detailed a summation of this transaction below. Note: Bonnie did not include the costs of the U-Haul truck, gas or mileage to move this furniture to Rochelle's apt, because they were friends at the time of this transaction. As a result of this outstanding debt, they are no longer friends. Bonnie went thru the District Justice's office and won the civil case. Rochelle is now appealing that decision, so Bonnie is giving notice that she would like to defend her case in front of the courts. SUMMARY: In 2003, Rochelle Sager and I both worked part-time at the YMCA in Camp Hill, PA. We worked together every weekend (Friday, Saturday and Sundays) at the YMCA. We even worked the same shifts practically and we also sat by each other in our part time jobs. So, we eventually became good friends with somewhat similar backgrounds (divorced single moms). PROBLEM: I sold some furniture that I had in my apt to Rochelle in November 2003, and she agreed to buy all of this furniture for a total price of $700.00. She stated that she really wanted the furniture but would not be able to pay me until she received her income tax refund in 2004, however, she felt that she would be able to give me some payments of whatever she could afford up until she received her income tax. refund. Then it was implied by her, that upon receipt of the refund, she would pay me off in full. According to her, she even filed her taxes in early January 2004 and was expecting to receive the refund in AprillMay timeframe. Upon this agreement, I trusted her completely and I immediately made arrangements to have my furniture moved from my apt to hers. My boyfriend and I moved all of this furniture from my apt to her apt, at the end of November 2003 (without receiving any downpayment from her), She did not even pay for the U-Haul truck, my boyfriend did. (Approximately $125.00 dollars plus a full tank of gas). Rochelle made a total of one (1) payment to me on January 31,2004. She continued working with me at the YMCA every weekend, and continued to promise to pay me whenever the income tax. refund would come in. During May of 2004, Rochelle stopped showing up for work at the YMCA and didn't call herself off of work. Many of us at the YMCA including her boss, called her apartment repeatedly to try to contact her - to no avail. She would not ever answer the phone nor would she return any calls. Even her boss at the YMCA was calling, but to no avail. Rochelle eventually was terminated from employment there as a result of her lack of responsibility. I began to call her in late June, early July of 2004 to find out what was going on. However, she never answered any of my calls, nor returned any of my voicemails. I eventually reminded her in a voicemail that she needed to make arrangements with me regarding the outstanding furniture of mine that she had in her apt (for almost a year). In mid July 2004. she asked her brother, Vem to become involved to resolve this problem. He called my home and we tried to resolve this matter, but Rochelle has no interest in resolving it. He got Rochelle to make three additional payments of $25.00 each; however, once I filed legal proceedings against her, all payments from her have stopped, He even stated to me that he was equally frostrated with her, and felt that I should pursue legal proceedings, She wasn't exactly truthful with him about everything. So, as of today, December 16, 2004 (over a year later from the date of the above- mentioned agreement), I have only received $100.00 for $700.00 worth of furniture. I went thru the District Justice and won the civil case and there is now an outstanding balance of $723,50 which she now owes me. I wish this amount to be paid in full to me in one lump sum, if at all possible, since her track record over the past year already shows she has no interest in paying this debt off at all. Note: At NO time did Rochelle EVER indicate to me during the course of this year that she could not pay for this furniture, or that she was having any financial dit1iculties. In fact, the last time I saw and spoke to her was in May of 2004. Since I haven't spoken to Rochelle since May, I do not know her reasoning for not wanting to pay this debt off. When I spoke to her brother, I suggested that she get a small personal loan and pay me off, but Rochelle would not even consider it. So, the bottom line is that I am trying to collect $723.50 for furniture that has been in her apt for over a year now. The furniture in question is: l) Queen size solid, brass bed with porcelain balls (including the bed frame). Bed was purchased at Lemoyne Sleeper. 2) 5 piece antique matching maple bedroom set in excellent condition - no scratches on it. 3) Country couch and matching side chair in excellent condition. Couch is three cushion couch. 4) Exercise equipment - Bun-n-thigh rocker, brand new. (Paid $100 for this equipment a few months earlier.) I am willing to give you the names and phone numbers of my coworkers as well as her boss at the YMCA in case you are interested in contacting them for their input regarding Rochelle, They can only testify to the fact that she never answered her phone or returned any calls over several months (at work and at her home). Her boss can testify to the dates that she did/did not come to work at the YMCA. Thank: you for any consideration that is given to this matter. Respectfully Submitted, ~~YZJ4d'~ 100 South First Street, Apt B Lemoyne, P A 17043 ~. :- .1 ..... ..J r : ! '.~ r. r. ' -". G' I I Bonnie J. Dudash 100 South First Street, Apt B I Lemoyne, PA 17043 I I I .\ In the Court of Common Pleas ! Cumberland County, Pennsylvania I. I I I I Docket No: 04-6105 I (Plaintiff) I I I Rochelle Sager II 5317 Oxford Circle, Apt 72 I I Mechanicsburg, PA 17055 I I (Defendant) - -~-------- ------------~ -- ---------- --- ~._~------~ r- --------:===~===--r-~=c__'_=_____.______.______________ r Date of Notice: February 14, 2005 . . [. . . .. .. .... . .. . . '.....,..,_......,... .........:;.... .....,~...,~:......:...:.~~.~-'.:..:.:::..:...~.:._'--....;...---~--,------------~--------,_._--- Vs. * * * NOTICE TO ENTER JUDGMENT * * * TO THE PROTHONOTARY OF SAID COURT: Bonnie J. Dudash, (plaintiff) is asking the Prothonotary's Office, Court of Common , Pleas of Cumberland County, to enter a money judgment in favor of the plaintiff in the 135 above-referenced case against Rochelle Sager (defet)dant} in the amount of $723.50, which is the balance due to the plaintiff in this case, ror R,;/W( 1::6 answ..... Lhe (:ompl",() As requested by the your office, a la-Day Notice was mailed to Rochelle Sager via regular mail on January 14, 2005. Unfortunately, no attempt was made to pay this debt off by the defendant, once she received the notice. A copy of the 10-Day notice which was sent to the defendant, is attached for your reference. c--. "-;(3 tnVYUR ;J - /J ud~~ ~ ~ Uf<J'{.)UL~ 70. Iq-09:l.-.).~7 I6o,vp,'€.... J '~L. ~!J. /6 ';;005 / ,~ ~ January 14, 2005 Ms. Rochelle Sager 5317 Oxford Circle, Apt 72 Mechanicsburg, PA 17055 Rochelle, · ** 10 DAY NOTICE · ** You are hereby given notice that you now have 10 days from January 15, 2005 (which is the date that you will receive this letter) to pay the balance of $723.50 in full to me, or I will take judgment against you. Sincerely, '7J~ O. L!Uc/~~ Bonnie J. DU" . I Iln the Court of Common Pleas I I Cumberland County, Pennsylvania I I Bonnie J. Dudash I 100 South First Street, Apt B Lemoyne, PA 17043 ,. .m .\ t No: U'I-t11U:> Vs. J. ..1 Rochelle Sager 5317 Oxford Circle, Apt 72 I Mechanicsburg, PA 17055 (Defendant) I I. I Date of Notice: February 14, 2005 I .,... ..u....................nn._.__........."......"M.......,_"" .'m....'......_......_"....,. ..M_ * * * NOTICE OF JUDGMENT * * * To Rochelle Sager: You are hereby notified that on February 14, 2005, the following money judgment has been entered against you in the above captioned case: Judgment $723.50 + filing fees: 24.00 Total: $747.50 Date:1Bb )4 ::l.C6~ I P,"hooolo", n",-i;." IJ ~r I hereby certify that the name and address of the proper person to receive this notice is: Rochelle Sager 5317 Oxford Circle, Apt 72 Mechanicsburg, PA 17055 ..~ ,.,_.1 ;,..,) , t N ~ .'1\ ~ I. i If::- \) C> -- ~ -- fl -". ()- - ' j <> (/.J tl ,'.'~ IJ .0 -0 -J ~ -.0 ~ N Iln the Court of Common Pleas Cumberland County, Pennsylvania I Bonnie J. Dudash I 100 South First Street, Apt B Lemoyne, PA 17043 (Plaintiff) I I Docket No: 04-6105 I Vs. I I I I Rochelle Sager L 5317 Oxford Circle, Apt 72 Mechanicsburg, PA 17055 (Defendant) c--------.------------.----------.r-.-----------.--.-------.--------.------------- I ------------..------------..----- r----.--------------------------------------- r Date of Notice: February 17,2005 _______,_..____"__,".._...."_____..__.__..__________.__..__.___.___..._._m....___....__...._.._..___._____,.._...___,..___".m_.__._.._____.,,__....__.___,_,__.,_._.._.__."__..,.._,,."..___.__"...m".___.'"________.__._...._'_.,.__.._._"'.___"..____....__ * * * CERTIFICATE OF SERVICE * * * TO THE PROTHONOTARY OF SAID COURT: I hereby certify that a copy of my complaint (Notice of Intent to Defend) was mailed via regular mail on December 22, 2004 to the defendant, Rochelle Sager, at the following address: Rochelle Sager 5317 Oxford Circle, Apt 72 Mechanicsburg, PA 17055 As of this writing, February 17, 2005, the defendant has not responded in any way to this notice; therefore I wish to pursue further legal actions against her. Signature: Printed Name: Bonnie ~. . ~Lv47s udash Date: ~-~- 17 ;:}ooS- I . INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION L.w?O/le t{J/..(cf g merit Caption: Iff' J 6.:>(1(1; e J, Dud Ctsh A . B /00 50<lt:11 Fir,t. ~t.J pt lernoy"e, PI-' l1043 vs. ( ) Confessed Judgment (vrt>ther File No. OJ.{-6/05: 7;)3.S-0 Amount Due Interest Atty's Comm Costs ,;)'/. Do t'<oc-helle SCHOler 5317 Ot<-(orcl (',.c/e Mechtir1l( sbur':), PA Apt 7;) 170-:;'::; TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of C i.<11'70 er(a,.,d for debt, interest and costs, upon the following described property of the defendant(s) v411 personal property i;'/ ht?r apar~mef?"t. or that if> il'/ her p<>ssessio/) , excer,t h,r rlon-pl?o5hables- If p05slble, T W~<lld /ille. phob;s tal&n. of a:f/ purmbJre beh,re shu.fr~ sale 1::0 ens;"re ib candiC/o",. prior ~ ~he(.ff:'j sale /"r! Cd'/!' RoUle.lle da",a<je~ it 1''''''''' I:v !>ate.. , PRAECIPE FOR ATTACHMENT EXECUTION County, Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date ~b- i4, dOD'> Signature: Print Name: 73~ i 7Jud~-t- Bo"YlIe. .. DudClSh Address: 100 50u/::h First St, Apt t lemcYfl!, PA \7D43 Attorney for: Telephone: Supreme Court ID No.: hi,) 30';>- 0644 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. f -Cq - ltJ ~ ., :7J \l"- ~ ....t ...(;J ~ d a ;:- , C) 8 () g c () ---0 I ff! . ;') ~ ::; ~ .. ~ $ - cd - V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6105 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BONNIE J. DUDASH Plaintiff (s) From ROCHELLE SAGER, 5317 OXFORD CIRCLE, APT. 72, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sel! ALL PERSONAL PROPERTY IN HER AP ARTMENT OR THAT IS IN HER POSSESSION, EXCEPT FOR NON- PERISHABLES. IF POSSIBLE, I WOULD LIKE PHOTOS TAKEN OF ALL FURNITURE BEFORE SHERIFF'S SALE TO ENSURE ITS CONDITION, PRIOR TO SHERIFF'S SALE, IN CASE ROCHELLE DAMAGES IT PRIOR TO SALE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued: (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $723.50 Interest Atty's Comm % Atty Paid Plaintiff Paid $24.00 Date: FEBRUARY 14, 2005 L.L. Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothonotary . --.Bv: .-d,OA. "-' 2. ~/UL.r Deputy REQUESTING PARTY: Name BONNIE J. DUDASH Address: 100 SOUTH FIRST ST., APT. 5 LEMOYNE, P A 17043 Attorney for: Telephone: 717-302-0644 Supreme Court lD No.