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HomeMy WebLinkAbout13-3869 Supreme Co n nsylvania COLIC Co`mmo Pleas For Prothonotary Use Only: Gil i1 vhtset Docket No: r� Cvi�>3�R' County 1 3-3 6 The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Complaint C1 Writ of Summons r7 Petition S [<ransfer from Another Jurisdiction J Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: C ' , 00k FACE FDVIAA0 _r PAYS D R WM A D Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? 0 Yes No (check one) ❑ outside arbitration limits O N Is this a Class Action Suit? - El Yes U o Is this an MDJAppeal? Yes No A Name of Plaintiff /appellant's Attorney: QAY l A KRAM ['Check here if yon have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS U Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution I3 Debt Collection: Credit Card 0 Board of Assessment J Motor Vehicle Debt Collection: Other ❑ Board of Elections 0 Dept. of Transportation O Nuisance S 0 Premises Liability 0 Statutory Appeal: Other "_ 1 Product Liability (does not include 0 Employment Dispute: mass tort) E 0 Slander/Libel/ Defamation Discrimination 17 C 0 Other: Employment Dispute: Other 0 Zoning Board T Q � o tne D�" I 0 Other: O MASS TORT El Asbestos N Tobacco J Toxic Tort - DES F11 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment + wI Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment C! Ground Rent Mandamus r' Landlord /Tenant Dispute Non- Domestic Relations '' Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY a Mortgage Foreclosure: Commercial Quo Warranto f Dental F Partition El Replevin El Legal ! Quiet Title - Other: 0 Medical 0 Other: 0 Other Professional: i Updated 1/1/2011 COMMON O F PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 1`3 - 9 & LtJ 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. NAME OF APVLLANT , MAG. DIST. NO. NAME OF MDJ DA-VIL p 1 c #AAA I NI p,7- - i-- PAULA P eo AA E41- ADDRESS OF APPELLANT CITY, STATE ZIP CODE Po 8 OA- z CARA !LG 7a/ / DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (DefRndano' 7 220/3 OR15 A ,r D W,,9,46 T F F D-4 R 9cA V DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 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 Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary noes FA DV1hA13 T FAY-F- Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. i�� �� ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To b ©Q is FAY, , eDW,4A,0 -7- r-AYxr , appellee(s) Name o ppellee(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 t5>��'I� r�l AA"i ras by mail is the date of the mailing. Date: 20/ 60:C Wd Si atur th or Deputy YOU MUST INCLUUL qW 1 �14kl dfiCE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript CIVII COUNTY OF CUMBERLAND ' x Case Mag. Dist. No: MDJ- 09 -3 -04 Doris Frye, Edward T Frye MDJ Name: Honorable Paula P. Correal v Address: 5275 East Trindle Road David Richard Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 David Richard Docket No: MJ- 09304 -CV- 0000160 -2013 P.O. BOX 92 Case Filed: 5/9/2013 Camp Hill, PA 17011 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000160 -2013 Edward & Doris Frye David Richard Judgment for Plaintiff 07/02/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount David Richard $0.00 $12,183.67 $12,183.67 Edward .& Doris Frye $0.00 $0.00 1 $0.00 Jud ment Detail g (`Post Judgment) In the matter of Edward & Doris Frye vs. David Richard on 7/02/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $12,000.00 $12,000.00 Filing Fees $0.00 $146.50 $146.50 Costs $0.00 X5:00 $5.00 Server Fees $0.00 $32 -17 $32.17 Grand Total: $12,183.67 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. (f iii Date Senior_ Magisterial District Judge Paula P. Correal I certify that this is a true and correct copy of the record of the.proceedings con i in ngithe judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 07/02/2013 3:38:25PM Doris F e Edward T Frye' Docket No.: MJ- 09304 -CV- 0000160 - 2013. .. V. : David Richard l Participant .List Plairitiff(s) Edward &:Doris Frye 2008 Mountain Pine Drive Mechanicsburg, PA 17050 Defendant(s) - David Richard P O ,BOX 92 y= _ Camp Hill, PA 17011 Complainant's Attorney(s) David J: Lenox, Esq. 8 Tristan Dr Ste 3 Dillsburg, PA 17019 to , Y. x ? a MDJS 315 Page 2 of 2 ': Printed: 07/02/2013 3:38:25PM N13 JUL -9 PM 12, 33 CIf �SE4;LA�?<�J 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.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _.-UXAizAd., AI _ ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served ❑ a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on (date of service), 2013 [ ] by personal service ❑ by(certified)(registered)mail, sender's receipt attached hereto, and upon the appellee, (name) pOQon f4 FRYE' 20/3 ❑by personal service❑ G11r1P ?>' by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED A SUBSCRIBED BEFORE ME THIS�DAY 020 - - Signature of pf�al before whom affidavit was made Signature of want �/ f�b� of as;> Wy Qmb~��Mondgr dJFAie.SON Title of official My commission expires on 20 AOPC 312A-05 SERVICE OF PROCESS I JOHN LEVENDA BEING A DULY CERTIFIED CONSTABLE IN THE COMMONWEALTH OF PENNSYLVANIA DO HEREBY ATTEST TO HAVING SERVED EDWARD T. FAYE WITH A COPY OF THE NOTICE TO APPEAL FROM MAGISTERIAL DISTRICT COURT JUDGE JUDGEMENT DOCKET NUMBER MJ- 09304-CV-0000160-2013 , COMMON PLEAS NO. 13-3869 CIVIL (CUMBERLAND COUNTY) ON JULY 8, 2013 AT 5:05PM AT 2008 MOUNTAIN PINE DRIVE, MECHANICSBURG, PA 17050. JOHN LEVENDA STATE,CONSTABLE SERVICE OF PROCESS I JOHN LEVENDA BEING A DULY CERTIFIED CONSTABLE IN THE COMMONWEALTH OF PENNSYLVANIA DO HEREBY ATTEST TO HAVING SERVED EDWARD T. FAYE, SUBSTITUTE SERVE FOR DORIS FAYE, WITH A COPY OF THE NOTICE TO APPEAL FROM MAGISTERIAL DISTRICT COURT JUDGE JUDGEMENT DOCKET NUMBER MJ-09304-CV 0000160-2013 , COMMON PLEAS NO. 13-3869 CIVIL (CUMBERLAND COUNTY) ON JULY 8, 2013 AT 5:05PM AT 2008 MOUNTAIN PINE DRIVE, MECHANICSBURG, PA 17050. JOHN LEVENDA STATE CONSTABLE i David J. Lenox, Esquire .D.#29078 2013 JUL 18 PM BTristan Drive CUMBERLAND ����� Dillsburg, PA 17019 (717)271-7175 PENNs Y LVA"(gne for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. 1 `3 -3 S'b DAVID RICHARD Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of David J. Lenox, Esquire, on behalf of EDWARD FRYE AND DORIS FRYE , Plaintiffs in the above-captioned matter. David J. LeC4*re Attorney for Plaintiffs Date: l 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EDWARD FRYE AND FORIS FRYE Plaintiffs CIVIL ACTION c rim C= Vs. � r-- r- DAVID RICHARD NO. 3 8-�> 'Defendant c c�. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINSTTHE CLAIMS SET FORTH IN THE FOLLOING 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 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 BEN 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 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 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 David J. Lenox, Esquire I.D.#29078 8 Tristan Drive Dillsburg,PA 17019 (717) 271-7175 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. f 3 DAVID RICHARD Defendant COMPLAINT Edward and Doris Frye, (the"Plaintiffs"),by their undersigned counsel, complain upon causes of action against David Richard (the"Defendant"), of which the following is a statement: 1. Plaintiffs are husband and wife and adult individuals residing at 2008 Mountain Pine Drive, Mechanicsburg, Pennsylvania. 2. Defendant is an adult whose address is given on his notice to appeal from Magisterial District Judge Judgment as PO Box 92 Camp Hill, Pennsylvania. 3. Commencing on May 5, 2005 and through December 25, 2008 Plaintiffs and Defendant entered a series of oral loan agreements whereby Plaintiff was to loan Defendant $19,450.00. The agreements further provided that Defendant was to repay the loan upon demand without interest. 4. The specific dates and loan amounts are as follows: 05/05/2003: $ 5,000.00; 02/08/2005: $ 8,000.00; 12/08/2005: $ 1,000.00; 09/27/2003: $ 3,900.00; 03/14/2008: $ 1,250.00 12/25/2008: $ 300.00 TOTAL: $19,450.00 5. On December 21, 2011,Plaintiffs made written demand for repayment of said loan amounts. 6. Despite Plaintiffs demand to Defendant to make arrangements for proper repayment, . Defendant has failed and refused to pay the amount due and outstanding. 7. As a direct and proximate result of Defendant's failure to pay, Plaintiffs have been damaged in the amount of$19,450.00. WHEREFORE,Plaintiffs request judgment against Defendant in the amount of $19,450.00, for costs of the action and for such other remedies as the Court finds proper. Respectfully submitted, Dated: July 18,2013 David J. Len x, Es uire Attorney for Plaintiffs Attorney I.D.Number 29078 8 Tristan Drive Suite 3 Dillsburg,PA 17019 717-271-7175 law@davidjlenox.comcastbiz.net David J. Lenox, Esquire I.D.#29078 8 Tristan Drive Dillsburg, PA 17019 (717) 271-7175 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. DAVID RICHARD ' Defendant VERIFICATION We hereby acknowledge reading the foregoing petition and hereby verify that the facts stated therein are true and correct to the best of our knowledge,information and belief. We understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904,relating to unsworn falsification to authorities. Date: -11W 2-0t3 t ff Edward Frye,tPlaintiff Date: -11 Doris Frye,Plairftifff David J. Lenox, Esquire I.D.#29078 8 Tristan Drive Dillsburg, PA 17019 (717)271-7175 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. r 3 DAVID RICHARD Defendant CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class Mail to: DAVID RICHARD PO Box 92 Camp Hill, Pennsylvania 17001 David J. L04squire Attorney for Defendants Date: 7/ //3� 1'R01 � 1P.F`� CuMBER SYLDVA�ATY PENN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. 13-3869 DAVID RICHARD Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Gregory H. Knight, Esquire for David Richard, Defendant in the above-captioned matter. Gregory H. Knight, Esquire Knight &Associates, P.C. Attorney I.D.No..30622 2 Northfield Way Mechanicsburg, PA 17050 Attorney for the Defendant Date: 2.5 Aim use' 10 13 HLED-OFF"WE UF THE PRO i HONOW%RY 2013 AUG 29 Pty 1.. h CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. 13-3869 DAVID RICHARD Defendant ANSWER TO COMPLAINT AND NOW,this day of August 2013, David Richard(Defendant),by his undersigned counsel, answers the allegations and causes of action filed against him by the Plaintiffs: 1. Admitted. 2. Admitted. 3. Denied. Paragraph 3 is a conclusion of law to which no answer need be filed and proof thereof is required at trial. Denied further as all amounts listed at paragraph 4 were not loans to be repaid upon demand. 4. Denied. Paragraph 4 is a conclusion of loan to which no answer need be filed and proof thereof is required at trial. 5. .Admitted and Denied. Admitted that Plaintiffs send Mr.Richard a letter dated December 21,2011. The remaining allegations in Paragraph 5 are conclusions of law to which no answer be filed and proof thereof is required at trial. . .6. Denied: Paragraph 6 is a conclusion of law to which no answer be filed and proof thereof is required at trial. 7. Denied. Paragraph 7 is a conclusion of law to which no answer be filed and proof thereof is required at trial. WHEREFORE,the Defendant requests judgment against Plaintiffs and such other remedies as the Court finds proper. Respectfully submitted, Date: '2-9 Ur f U%3 KNIGHT&ASSOCIATES c l � Grego H. Knight,Esquire . Knight&Associates, P.C. Attorney I.D.No. 30622 2 Northfield Way Mechanicsburg,PA 17050 (717)249-5373 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA. EDWARD FRYE AND FORIS FRYE CIVIL ACTION Plaintiffs V. NO. 13-3869 DAVID RICHARD . Defendant VERIFICATION I acknowledge that the facts stated in the attached Answer are true and correct to the best of my knowledge,information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904(Unworn Falsification to Authorities). C ✓ Date David Richard,Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA EDWARD FRYE AND DORIS FRYE CIVIL ACTION Plaintiffs V. NO. 13-3869 DAVID RICHARD Defendant CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the foregoing Answer and a copy of the Praecipe for the Entry of Appearance upon the following person by e-mail and by United States mail,postage pre-paid: David J.Lenox,Esquire .8 Tristan Drive, Suite 3 Dillsburg,Pennsylvania 17019 . Date: 7i9 ash'20 C3 Grego H. ight, Esquire Knight&Associates,P.C. Attorney I.D.No. 30622 2 Northfield Way Mechanicsburg,PA. 17050 Attorney for Defendant C No" 2 f PI?l !: CIS. �i.'lBE L,l'tl D C 0 U N T €'ENINSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA EDWARD FRYE AND FORIS FRYE Plaintiffs CIVIL ACTION Vs. DAVID RICHARD NO. 13-3869 Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue with prejudice Plaintiff's above captioned action pursuant to Pennsylvania Rule of Civil Procedure 229. Defendant by and through his counsel, Gregory H. Knight, Esquire, does not oppose and agrees with Plaintiff's request herein. David J.�L ox, squire Gregory . Kn ght, Esquire Attorney f r Plaintiff Attorney for Defendant Attorney ID: 29078 Attorney ID: 30622 8 Tristan Drive, Ste 3 2 Northfield Way Dillsburg, PA 17019 Mechanicsburg, PA 17050 Phone: 717-215-7175 Phone: 717-249-4373 Date: 1( -( 3 - 0 1 3 Date: �� ���"`' `� 2 13