HomeMy WebLinkAbout13-4648 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMENT
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COMMON PLEAS No. / J � �SO 70 c. V
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 APPELLANT MAG. DIST. NO. NAME OF MW
Fayez F. Salib 1 09-1-01 Charles A. Clement, Jr.
ADDRESS OF APPELLANT CITY STATE LIP CODE
1004 Wesley Dr. Mechanicsburg PA 17055
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
07 -12 -2013 Electric Power Savers vs Fayez F. Salib
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
MJ- 09101 -CV- 183 -2013 -- \`Ai•
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. 1008B.
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
Enter rule upon Electric Power Savers appellee(s), to file a complaint in this appeal
Name of appellee(s) (Common Pleas No. / — y b y� C ' N/ 1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
ignature of appellant or attorney or agent
RULE: To Electric Power Savers appellee(s)
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.
Date: ?� 20 13 V 8 N VA I A S NN d _1 aae,
ii vpo mviij t.tn Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE �OF JOD &T hANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
v�b t_ s/03.50 ®� 1p�
AOPC 312 -05
Cash
COMMONWEALTH OF PENNSYLVANIA
COUNrYOFCU1lJ1BERLAND Notice of Judgment/Transcript Civil
Case
Electric Power Savers
rViag. Dist. NO:
MDJ Name: Honorable Charles A. Clement Jr. V•
'7
Fayez Fayez F Salib
Address: 920 Linda Lane.
C III
Camp Hill, PA `17011 r
Telephone: 717
Fayez F Salib pocket No: MJ-091 01 -CV-00001 83-2013
UniMart C e as Filed: 4/29/2013
1004 Wesley Drive -
Mechanicsburg, PA 17055.
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Disposition Summary
Docket N Plaintiff Defendank Disposition Dispositlon Date
M.1 09101 - CV - 0000153 - 2013 Electric Power Savers Fayez F Saiib Judgment for Plaintiff 07Ji2/2013
Judgment Summary
Parflci Joint/Several Liability Individual Liability &mount
Eiactric Power Savers $0.00 $0.00 50.00
Fayez P Sallb $0.00 $4.251.63 $4.251.63
Judgment Detail (tPost Judgment) =
In the matter of Electric Power Savers vs. Fayez F Salib on 7/12/2013 the.judgment was awarded as follows:
judgment Comy2ngnt Joint/Several Liability IndividuRl LiabjW Deposit Applied Amount
Civil Judgment $0.00 $4,121.13 $4.121,13
Costs $0.00 $130.50. $130.50
Grand Total: $4,251.63
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTJTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL,
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS,- ALL FURT PROCESS MUST COME FROM THE .
COURT OF. GOMI�I;�N PLEA$ "AND "1IQ FUi�T;tER PFJCESS MAY SE 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.
7/17/2013 z
Date Magisterial District Judge Charles A. Clement Jr.k -„�
60i tat this Is a true and correct copy of the record of e procee ings con aming the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 07/15 /2013 2:40:52PM
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PROOF OF SERVICE OF NOTICE OF A
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS "' "' See Reverse for Instructions
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cum ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
11
a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on
(date of service) � B ❑ by personal service El by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on �6�' erS �� �rS
?1 20 t y []by personal service❑ V' (certified) (registered) mail,
( sender's receipt attached hereto.
(SWORN .(AFFIRME ) AND SUBSCRIBED BEFORE ME
THIS F DAY OF, 20 13
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Title of officia LX CERTIFIED MAILT. RECEIPT
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AOPC 312A - 05 City sieie; ziP +4 r P A-
PS Form 3800. August
2 006 See Reverse for Instructian.!�._
Supreme Cou, of Pennsylvania
Court of.Coinmon leas For Prothonotary Use Only:
Ci. ih,o er_=Sheet
Docket No:
Ct b� Ha"nd County 3 4(b' y IrWmwrl
The Information collected on this form is used solely for 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:
S 0 Complaint El Writ of Summons El Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Electric Power Savers Fayez F. Salib
T Dollar Amount Requested: within arbitration limits
I Are money damages requested? 0 Yes El No (check one) ❑outside arbitration limits
O
N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? El Yes ❑ No
A Name of Plaintiff/Appellant's Attorney:
0 Check here if you have no attorney(are a Self-Represented 1Pro Se) 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
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment
❑ Motor Vehicle E] Debt Collection:Other ❑ Board of Elections
❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Statutory Appeal:Other
S ❑ Product Liability(does not include
mass tort) E] Employment Dispute:
E Discrimination
❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Zoning Board
C El Other:
El Other:
T
I ❑ Other:
O MASS TORT
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
F1 Other: El Ejectment ❑ Common Law/Statutory Arbitration
B ❑ Eminent Domain/Condemnation [] Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑Non-Domestic Relations
❑ Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto
❑ Dental ❑ Partition ❑Replevin
❑ Legal ❑ Quiet Title ❑Other:
❑ Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
NOTICE
Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part:
Rule 205.5. Cover Sheet
(a)(1) This rule shall apply to all actions governed by the rules of civil procedure except
the following:
(i) actions pursuant to the Protection from Abuse Act,Rules 1901 et seq.
(ii) actions for support, Rules 1910.1 et seq.
(iii) actions for custody,partial custody and visitation of minor children, Rules
1915.1 et seq.
(iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq.
(v) actions in domestic relations generally, including paternity actions, Rules
1930.1 et seq.
(vi) voluntary mediation in custody actions,Rules 1940.1 et seq.
(2) At the commencement of any action, the party initiating the action shall complete
the cover sheet set forth in subdivision(e) and file it with the prothonotary.
(b) The prothonotary shall not accept a filing commencing an action without a
completed cover sheet.
(c) The prothonotary shall assist a party appearing pro se in the completion of the form.
(d) A judicial district which has implemented an electronic filing system pursuant to
Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the
provisions of this rule.
(e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural
Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be
published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cl)
Cz
CIVIL ACTION-LAW
r-
Electric Power Savers
C) ,
DC: ZC:
Plaintiff ) e,
No. 2013-4648 Civil Term 2yr
Fayez F. Salib
Defendant
COMPLAINT IN CIVIL ACTION
AND NOW,comes the Plaintiff, Electric Power Savers, and files the following Complaint in
Civil Action whereof the following is a statement:
1. Plaintiff Electric Power Savers, is an LLC with its principle place of business located at 454
Railroad Avenue,Camp Hill, Pennsylvania 17011.
2. Defendant Fayez F.Salib, UniMart,with its principal place of business located at 1004 Wesley
Drive, Mechanicsburg, Pennsylvania 17055.
3. Plaintiff entered into a signed contract with the Defendant on September 25, 2012 to replace
their exterior lighting system.
4. The contract states that the project cost totaled $11,140.00.
5. The contract states that the PP&L rebate of$7,076.74 would be signed directly over to Plaintiff.
6. The remaining balance of$4,063.26 would be paid by Defendant to Plaintiff over a twelve
month period. The first payment of$350.00 would be due at the start of installation.The remaining
payments would be due in thirty day increments. For all payments past due by five days, a 1.5%
monthly interest charge would be assessed..
7. Defendant paid the first payment of$350.00.
8. Defendant has failed to pay any of the additional installment payments due under the contract.
9. Plaintiff issued a final invoice on July 10, 2013 detailing the outstanding payments and interest
owed. The current balance'due as of July 10, 2013 was$4,121.13. The balance has remained unpaid as
of August 27, 2013.
10. On July 12, 2013,there was a Judgment awarded to the Plaintiff in the amount of$4,251.63.
Defendant has appealed said Judgment.
WHEREFORE, Plaintiff requests payment in full of the Judgment awarded on July 12, 2013.
Respectfully Submitted,
is Power Savers
Douglas J. h' ar, President